High Court Punjab-Haryana High Court

Karamdin vs Pritam Singh on 18 February, 2009

Punjab-Haryana High Court
Karamdin vs Pritam Singh on 18 February, 2009
Civil Revision No.899 of 2009                                       1

 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH



                                              Civil Revision No.899 of 2009
                                              Date of Decision:18.02.2009

Karamdin

                                                         ....petitioner

                       Versus

Pritam Singh

                                                         .....respondent



CORAM:           HON'BLE MR.JUSTICE RAKESH KUMAR GARG

Present:         Mr.Raman Mohinder, Advocate
                 for the petitioner

                       ****

RAKESH KUMAR GARG J.

The petitioner has filed this petition challenging the order

dated 25.10.2008 passed by the Executing Court whereby the objections

to the notice under Order 21 Rule 66 CPC filed by the petitioner/J.D has

been dismissed and further challenging the order dated 16.01.2009

whereby the property of the petitioner has been put to auction.

A decree was passed against the petitioner in Civil Suit

No.461 of 19.09.2006 vide judgment and decree dated 12.11.2007 for

recovery of Rs.42,000/- along with costs and interest @6% per annum with

effect from the date of filing of the suit till its realization.

The respondent-decree holder filed execution application

against the petitioner in which notice under Order 21 Rule 66 CPC was

issued to the petitioner. He filed objections in reply to the aforesaid notice

that he owns a plot measuring 12 biswas on which a residential house has

been constructed by the petitioner, where he and his family are residing.
Civil Revision No.899 of 2009 2

The aforesaid residential house cannot be attached and put to auction as

the same is exempted from attachment as per the provisions of the Civil

Procedure Code. Therefore, the said property is liable to be released from

attachment. The Executing Court vide impugned order dated 25.10.2008,

after considering the rival contentions and perusal of the site plan observed

that the house of the petitioner is constructed towards the eastern side

side, whereas the entire western side of the aforesaid plot is vacant and

only recovery of the amount of Rs.56,000/- is to be effected and the same

can be effected from the sale of just two biswas of land and the land

measuring two biswas falling in the aforesaid plot and facing the street can

be sold for effecting recovery of the decretal amount as the said part of the

property is not a part of the residential house of the judgment debtor and

dismissed the objections. Thereafter, vide order dated 16.01.2009 the

attached property of the petitioner has been put to sale.

Feeling aggrieved with the aforesaid orders, counsel for the

petitioner has argued that from the site plan(Annexure P-5) attached with

the revision petition, it is clear that the constructed portion of the property in

dispute of the petitioner has been put to auction and the same is erroneous

and therefore the impugned orders are liable to be set aside.

I have heard learned counsel for the petitioner. However, I

find no force in the arguments raised by him. As per Section 60(C) of the

Civil Procedure Code, houses and the land immediately appurtenant

thereto which is necessary for the enjoyment of the house, cannot be

attached. However, in the present case, the Executing Court has found

that construction of the house of the petitioner is on the eastern side of the

plot, whereas the western side of the plot is lying vacant as shown in the

site plan(Annexure P-5). It has also been observed that out of the plot

measuring 12 biswas, only 2 biswas are enough to be sold for satisfaction

of the decree.

Civil Revision No.899 of 2009 3

Thus, I find no ground to interfere in the impugned orders.

Dismissed.

(RAKESH KUMAR GARG)
JUDGE
18.02.2009
neenu