JUDGMENT

Iqbal Ahmad, J. - In execution of a simple money decree a certain house in ruins was sought to be attached and sold by the decree-holder who is the respondent before me. An objection to the attachment was taken on behalf of the judgment-debtor-appellant that the so-called house sought to be attached was in his occupation as an agriculturist and as such was not liable to attachment and sale in execution of the decree held by the respondent. This objection has been overruled by both the Courts below; hence this second appeal by the judgment-debtor.

2. The first Court held that the house is in a very dilapidated condition and has no doors, and the roof has fallen down and that the house is not used for residence. This finding and decision has been affirmed by the lower appellate Court.

3. In appeal before me it is argued that the mere fact that the judgment-debtor did not reside in the house was no reason for overruling the objection taken by him inasmuch as if it was used by him for storing his agricultural produce, tying cattle and keeping his implements of husbandry etc., even then the house was not liable to attachment and sale in execution of the decree. I agree that it is