K.KANNAN
Mahender Kumar son of Nand Lal – Appellant
Versus
Mangal Singh son of Sh. Hem Ram – Respondent
Mr. K. Kannan, J. (Oral):- The revision petition is directed against the proceedings for attachment and sale of the property, which is admittedly residential house of the judgment debtor. The defence by the judgment debtor is that in terms of Section 60 (1) (ccc) of the Code of Civil Procedure by the Punjab Amendment, one main residential house and other buildings attached to it belonging to a judgment debtor other than an agriculturist and occupied by him, shall be protected from attachment. The contention is that since the property sought to be attached is a residential house, protection of the State amendment avails to a judgment debtor. This objection was accepted and the attachment sought by the decree holder was denied. It is against this order of the Executing Court that the revision has been filed.
2. The decree, which is sought to be executed was the compromise decree in a specific performance suit. The suit for specific performance at the instance of the decree holder was in relation to the residential house agreed to be sold by the defendant to the plaintiff. The parties entered into a compromise on 07.01.2004 allowing for the defendant to pay Rs. 66,000/- to th
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