Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(P&H) 632

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
ANIL KSHETARPAL, J.
Tarsem Singh – Appellant
Versus
Daljit Kaur & Ors. – Respondents
ESA-26 of 2023 (O&M)
Decided On : 11-07-2024

Advocates Appeared:
Mr. P.S. Chahal, Advocate for Mr. G.S. Nagra, Advocate; For the Appellant
Mr. K.S. Dhillon, Advocate for Respondent No. 1 In ESA-26-2023 and for Respondent No. 1(A) In ESA-27-2023

The exemption of a residential house from attachment under Section 60(1)(ccc) CPC is valid if no evidence is presented to prove ownership of additional properties by the judgment-debtor.

Headnote:(A) Code of Civil Procedure, 1908 - Section 60 - Execution of decree - Exemption claimed under Section 60(1)(ccc) for the only residential house of the judgment-debtor - The First Appellate Court exempted the house from attachment, as it was the only residence - Appellant contended that the respondent owned more than one house but failed to provide evidence - Court found no grounds to interfere with the First Appellate Court's decision. (Paras 2, 3, 4, 5)

Facts of the case:
The appellant is the decree-holder for recovery of Rs.8,70,000/- borrowed by Sh. Hardev Singh, who died before the suit was filed. The suit was decreed ex-parte, and the widow claimed exemption under Section 60(1)(ccc) CPC for their only residential house.

Findings of Court:
The First Appellate Court's decision to exempt the house from attachment was upheld due to lack of evidence proving ownership of multiple houses by the judgment-debtor.

Issues: The main issue was whether the residential house could be exempted from attachment under Section 60(1)(ccc) CPC.

Ratio Decidendi: The court ruled that without evidence of multiple properties owned by the judgment-debtor, the exemption under Section 60(1)(ccc) CPC was valid and upheld the First Appellate Court's decision.

Result: Appeal dismissed.

JUDGMENT

Mr. Anil Kshetarpal, J. (Oral)

By this order, two connected Execution Second Appeals shall stand disposed of.

2. In section 60 of the Code of Civil Procedure, 1908 (hereinafter referred to as 'CPC') the joint State of Punjab added Section 60 (1)(cc) and (ccc) which read as under:-

(cc) milch animals, whether in milk or in calf, animals used for the purposes of transport or draught cart and open spaces or endorures belonging to an agriculturist and required for use in case of need for tying cattle parking carts or stacking fodder or manure.

(ccc) one main residential house and other buildings attached to it (with the material and the sites there of and the land immediately appurtenant there to and necessary for there enjoyment belonging to a judgment-debtor other than an agriculturist and occupied by him: Provided that the protection afforded by this clause shall not extend to any property specifically charged with the debt sought to be recovered".

3. The appellant herein is the decree-holder for recovery of amount of Rs.8,70,000/-. The amount was borrowed by Sh.Hardev Singh, predecessor-in-interest of the respondents. However, before filing the suit, he died. Hence, the suit was filed against the heirs of Sh.Hardev Singh. The suit was decreed ex-parte on 21.11.2012. Widow of Sh.Hardev Singh filed objections claiming exemption under Section 60(1) (ccc) CPC on the ground that this is their only residential house. The First Appellate Court has exempted the aforesaid house from attachment.

4. Learned counsel representing the appellant contends that the respondent is owner of more than one house. On a Court question, he admits that the attention of the First Appellate Court was never drawn to this aspect. Moreover, the learned counsel representing the appellant has failed to draw the attention of the Court to any documentary evidence to prove that the judgment debtors are owners of more than one house.

5. In view of the aforesaid facts, there is no ground to interfere.

6. Hence, dismissed.

7. All the pending miscellaneous applications, if any, are also disposed of.

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