RAM LAL & ORS. versus PIARA LAL GOBINDRAM & ORS.

RAM LAL & ORS. versus PIARA LAL GOBINDRAM & ORS.

A portion of a residential house occupied by the judgment-debtor for running a shop does not lose its character as part of the residential house for the purpose of exemption from attachment under s. 60(1)(ccc) of the Code of Civil Procedure as amended by Punjab Relief of Indebtedness Act. The whole property qualifies for exemption as it remains the main residential house of the insolvents and was duly occupied by them.

Parties
Appellants: Ram Lal & Ors.; Respondents: Piara Lal Gobindram & Ors.
Jurisdiction
India
Judgment Date
03 May 1973
Procedural Posture
Civil Appeal / Supreme Court Decision on Appeal by Certificate
Outcome
Appeal allowed
Legal Topics
Exemption From Attachment, Interpretation of Residential House, Execution Proceedings
Civil Procedure Insolvency Exemption From Attachment Interpretation of Residential House Execution Proceedings

Case Brief

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Parties

Ram Lal & Ors.

Appellants

Piara Lal Gobindram & Ors.

Respondents

Procedural Posture

Civil Appeal / Supreme Court Decision on Appeal by Certificate

Legal Issues

  1. 1 Whether use of part of a residential house for a shop disqualifies that portion from exemption from attachment under s. 60(1)(ccc) of the Code of Civil Procedure as amended by Punjab Relief of Indebtedness Act

Ratio Decidendi

A portion of a residential house occupied by the judgment-debtor for running a shop does not lose its character as part of the residential house for the purpose of exemption from attachment under s. 60(1)(ccc) of the Code of Civil Procedure as amended by Punjab Relief of Indebtedness Act. The whole property qualifies for exemption as it remains the main residential house of the insolvents and was duly occupied by them.

Court Disposition

Appeal allowed

Orders

  • Judgment of the Division Bench set aside
  • Judgments of the Single Judge and District Judge restored