IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Revision No.6200 of 2009(O&M) Date of Decision: 27.10.2009 Jit Ram ....Petitioner Versus Gurbachan Singh ....Respondent CORAM: HON'BLE MRS. JUSTICE SABINA Present: Mr.Parveen Kumar, Advocate, for the petitioner. * * * SABINA,J.(Oral) Gurbachan Singh filed a suit for specific performance of agreement to sell dated 01.03.1996 and the same was decreed by the trial Court. However in appeal, the learned Additional District Judge, Hoshiarpur modified the decree that the plaintiff was entitled to refund of Rs.1,10,000/- along with interest at the rate of 12% per annum. Thereafter, the plaintiff filed an execution petition. Vide impugned order, an application filed by the petitioner-judgment debtor under Section 60 of the Code of Civil Procedure was dismissed. Hence, the present revision petition. After hearing learned counsel for the petitioner, I am of the opinion that the instant petition is devoid of any merit. Section 60 (1)(c)of the Code of Civil Procedure reads as under:- "Houses and other buildings(with the materials and the sides thereof and the land immediately enjoyment) belonginging to an agriculturist or a labourer or a domestic servant and occupied by Civil Revision No.6200 of 2009(O&M) ..2.. him;" The learned executing Court rightly held that the case of the petitioner did not fall under the said provision as the petitioner is working as a Class-IV employee in the office of SDO(Mechnical) Public Health, Sub Division, Hoshiarpur and is drawing a salary of Rs.8300/- per month. The judgment was passed by the learned Additional District Judge on 19.05.2003 and the petitioner has failed to make the refund of the amount in question to the decree holder since then. In these circumstances, the learned executing Court rightly held that the decree in amount could be recovered by attaching/sale the house of the petitioner. Accordingly, this revision petition is dismissed. October 27, 2009. (SABINA) Seema-II Judge