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1941 Supreme(Mad) 14

HAPPELL
Seemakurthi Manikyam – Appellant
Versus
Jonnavithula Manikyamma – Respondent


JUDGMENT

Happell, J.

1. The petitioner in this civil revision petition in execution of the decree obtained by him in Small Cause Suit No. 633 of 1937 on the file of the District Munsif of Rajahmundry attached a sewing machine, a harmonium, a fiddle and a veena which belonged to his judgment-debtor, who was a Brahmin widow. The judgment-debtor filed an application for the release of the articles from attachment, and the order passed by the District Munsif of Rajahmundry on that application has given rise to this revision petition. The learned District Munsif finding that the judgment-debtor made her living by sewing and teaching music and that the sewing machine and musical instruments were consequently "tools of an artisan" within the meaning of Section 60, Clause (b) of the Civil Procedure Code allowed the application and released the articles from attachment. It is conceded for the petitioner that the finding that the sewing machine was a "tool of an artisan" cannot be questioned. The only questions for determination are, therefore, whether a musician is an artisan within the meaning of Section 60 (b), C. P. Code and whether, if so, musical instruments are the tools of an artisan w




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