S.60(1) Proviso(c) - Proviso does not apply to mortgage decree - agriculturist has mortgaged his house, the sale of the house it execution of the mortgage decree is not prohibited by the proviso.

Citation

AIR 1974 KERALA 78

KERALA HIGH COURT

(Principal Seat at KOCHI)

P. GOVINDAN NAIR , Actg. C.J. and K. SADASIVAN , J.

A.S. Nos. 753 and 754 of 1972, D/- 4 - 6 - 1973

Kochumariam Appellants v. Kshema Vilasam Co Respondent

Civil P.C. (5 of 1908), S.60(1) Proviso(c) - Proviso does not apply to mortgage decree.

Brief Note :- (A) The proviso does not apply to a mortgage decree where there is no need of attachment

thus where an agriculturist has mortgaged his house, the sale of the house it execution of the mortgage

decree is not prohibited by the proviso. Even otherwise the moment he mortgaged the property he

must be deemed to have waived the right to the protection of the proviso. Case Law Discussed.

 (Paras 2 , 6)