Civil Revision No. 6684 of 2011 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Revision No. 6684 of 2011 Date of decision:-25.11.2011 Kashmira Singh ...Petitioner Versus Devinder Singh ...Respondent CORAM: HON'BLE MS. JUSTICE RITU BAHRI Present:- Mr. Raj Mohan Singh, Advocate for the petitioner. RITU BAHRI J. Challenge is to the order dated 03.09.2011 (Annexure P-3) wherein the objections filed by the judgment debtor under Order 21 Rule 54 CPC have been dismissed by the Additional Civil Judge (Senior Division), Balachaur (Nawanshahar) in execution of civil court decree dated 24.7.2004 passed by Additional Civil Judge (Senior Division), Balachaur in civil suit No.245 of 2000. The decree-holder had filed an execution for recovery of Rs.1,80,000/- alongwith costs. In pursuance to the judgment and decree passed by the Court of Additional Civil Judge (Senior Division), Balachaur on 24.7.2004. The property of the judgment debtor was attached. The objection to the said attachment was Civil Revision No. 6684 of 2011 -2- on the ground that the property was already under attachment with the Kaulgarh Co-operative Agricultural Services Society, Kaulgarh, Tehsil Balachaur. The second objection is that on the agricultural land there is a building, which is used for keeping agricultural implements and tethering cattles. The petitioner is liable for exemption under Section 60(1)(c) of CPC. This argument is liable to be rejected. In a suit for specific performance of 10 Kanal of land, the plaintiff had paid Rs.1,80,000/- to the judgment debtor, the suit has been decreed for the recovery of the said amount. Once the judgment debtor had agreed to sell 10 Kanal land, his objection that the land is already attached with another Society, is liable to be rejected. For seeking benefit under Section 60(1)(c) CPC, it is necessary that only the agricultural land, on which building is constructed, which is being used by the agriculturist labourers, can be exempted from attachment. Section 60(1)(c) of CPC is reproduced as under:- 60. Property liable to attachment and sale in execution of decree (1) The following property is liable to attachment and sale in execution of a decree, namely, lands, houses or other buildings, goods, money, bank notes cheques, bills of exchange, hundis, promissory notes, Government securities, bonds or other securities for money, debts, shares in a corporation and, save as hereinafter mentioned, all other saleable property, movable or immovable, belonging to the judgment debtor, or over which, or the profits of which, he has a disposing power which he may exercise for his own benefit, whether the same be held in the name of the judgment debtor or by another person in trust for him or on his behalf: Civil Revision No. 6684 of 2011 -3- PROVIDED that the following particulars shall not be liable to such attachment or sale, namely:-- (a) the necessary wearing apparel, cooking vessels, beds and bedding of the judgment debtor, his wife and children, and such personal ornaments as, in accordance with religious usage, cannot be parted with by any woman; (b) tools of artisans, and, where the judgment debtor is an agriculturist, his implements of husbandry and such cattle and seed grain as may in the opinion of the court, be necessary to enable him to earn his livelihood as such, and such portion of agricultural produce or of any class of agricultural produce as may have been declared to be free from liability under the provisions of the next following section; (c) houses and other buildings (with the materials and the sites thereof and the land immediately appurtenant thereto and necessary for their enjoyment) belonging to an agriculturist or a labourer or a domestic servant] and occupied by him; (d) books of account; (e) a mere right to sue for damages; (f) any right of personal service; (g) stipends and gratuities allowed to pensioners of the Government or of a local authority or of any other employer], or payable out of any service family pension fund notified in the Official Gazette by the Central Government or the State Government in this behalf, and political pension; (h) the wages of labourers and domestic servants, whether payable in money or in kind; (i) salary to the extent of the first one thousand rupees and two-thirds of the remainder in execution of any decree other than a decree for maintenance:” In the present case, it is not a case of the judgment debtor that the entire 10 Kanal land is covered by construction. Hence, that portion of the vacant land can be attached and sold to recover Rs.1,80,000/-, which is the decreetal amount as assessed by the Civil Court vide decree dated 24.7.2004 passed Civil Revision No. 6684 of 2011 -4- in civil Suit No.245 of 2000. No ground to interfere in the order dated 03.9.2011 (Annexure P-3) is made out. The civil revision is dismissed. November 25, 2011 ( RITU BAHRI ) Vijay Asija JUDGE