Tiled house belonging to an agriculturist which is required by him and is in his possession and enjoyment is exempt from attachment under S. 60(1) proviso (c)

Citation

AIR 1960 ANDHRA PRADESH 458

ANDHRA PRADESH HIGH COURT

SANJEEVA ROW NAYUDU , J.

A. A. O. No. 286 of 1957, (against order of Dist. Court, West Godavari at Eluru, D/- 22 -4 -1957.) 

D/- 22 - 10 - 1959

Komirineni Basavayya Appellants v. Official Receiver, West Godavari, Eluru Respondent

(A)Civil P.C. (5 of 1908), S.60(1) Proviso(c) - 'Tiled house' of agriculturist is exempt from

attachment.

Section 60(1), proviso cl. (c) exempts not only houses but also buildings. The, expression 'house'

includes a tiled house and a 'building' certainly includes a tiled house. Therefore a tiled house

belonging to an agriculturist which is required by him and is in his possession and enjoyment is exempt

from attachment under S. 60(1) proviso (c)

 (Para 3) 

(B)Civil P.C. (5 of 1908), S.60(1) Proviso - Exemptions under, apply to attachment and sale by

Official Receiver under Provincial Insolvency Act.

In view of Ss. 2(2) and 5(1). Provincial Insolvency Act, in the matter of attachment and sale of

insolvent's properties, the provisions applicable under the Provincial Insolvency Act must be regarded

as materially the same as those of the Civil Procedure Code.

 (Para 5) 

The exemptions contained in S. 60 C. P. C. are based on reasonable and equitable grounds and

considerations, and they are applicable to the proceedings by way of attachment and sale taken out

by the Official Receiver in exercise of the powers vested in him under the Provincial Insolvency Act.

 (Para 5) 

Cases Referred Chronological Paras

('33) AIR 1933 Lah 1010 : (V 20) : 147 Ind Cas 640, Rahiman

v. Nagar Mal

5

J. Sambasiva Rao, for Appellant.

Judgement

1. JUDGMENT:-This appeal is directed against the judgment and order of the