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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
PANKAJ JAIN
Mehmood Umar – Appellant
Versus
Vikramjit Singh – Respondent
JUDGMENT :
PANKAJ JAIN, J.
Present revision petition is directed against the order dated 06.02.2018 passed by the Executing Court whereby the objections filed by the petitioners in execution proceedings seeking exemption of the residential property from attachment, stand rejected.
2. The execution proceedings are based upon decree dated 16.09.2015 passed in Civil Suit No.116, dated 31.03.2009 whereby the Court granted decree of recovery of Rs.1,50,000/- along with interest @ 9% per annum from 03.11.2005 till the date of filing of the suit and future interest @ 6% per annum from the date of filing of the suit till its actual realization in favour of the decree-holder.
3. Suit was preferred by the plaintiff claiming that defendants No.1 and 2 and one Mohd. Yaqoob executed agreement to sell dated 03.11.2005 in his favour.
4. Suit was decreed for alternate relief of recovery.
5. In execution, residential house has been attached.
6. Objector/petitioners are two of the legal heirs of Mohd. Yaqoob, who have filed objections invoking Section 60(1)(ccc) of the Civil Procedure Code, 1908 claiming exemption from attachment of a residential house.
7. Objections have been dismissed by the Executing Co
The exemption for a residential house from attachment does not apply if the property is specifically charged with the debt sought to be recovered.
Exemption under Section 60(1)(ccc) of CPC does not apply to residential property specifically charged under a decree for specific performance.
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.
Belated third-party objections claiming joint family property in execution are dismissible without evidence if prior knowledge via family business and attachment is evident, preventing frustration of....
Objections against property attachment must be timely and consistent; delay and contradictory claims undermine their validity under CPC.
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