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1987 Supreme(Ker) 138

U.L.BHAT, SANKARAN
LAKSHMI – Appellant
Versus
STATE BANK OF TRAVANCORE – Respondent


Judgment :-

1. Appellants herein executed a mortgage deed in favour of the respondent herein as security for the loan advanced. Subject matter of the mortgage is 5.5 cents of land together with the house, in which appellants are residing. In due course decree was obtained to enforce the mortgage. In execution residential property was brought to sale. Judgment-debtors raised objection that residential plot is exempt from sale under S.60(1)(c) of the Code of Civil Procedure (for short'the Code'). The objection was upheld by the court below. Thereafter the respondent filed EA 256/83 seeking review of the earlier order. Review application was opposed by the judgment debtors, but allowed by the court below. Hence this appeal.

2. Learned counsel for the appellants submitted that property mortgaged to the respondent and brought to sale in execution of the mortgage decree includes the house, in which appellants are residing and therefore it is exempt from sale under S.60(1)(c) of the Code.

3. S.60 deals with property liable to attachment and sale in execution of a decree. Sub-s. (1) enumerates properties which are liable to attachment and sale, in execution of a decree. Proviso enumerates pr







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