legal representative cannot claim said right under Section 60(1)(c) as they are not agriculturist,labourer or domestic servant.

Citation

AIR 1996 KERALA 159

KERALA HIGH COURT

(Principal Seat at KOCHI)

P. A. MOHAMMED , J.

R.F.A.No.23 of 1995, D/- 5 - 1 - 1996

Parvathy Antherjanam and another Appellants v. Indian Bank, Ernakulam Respondent

(A)Civil P.C. (5 of 1908), S.60(1)(c) - Attachment of immovable properties - Plea that judgment

debtor was agriculturist and his property could not be attached in view of Section 60(1)(c) - Such

right was personal right and ceased to exist on his death during pendency of proceedings - His

legal representative cannot claim said right under Section 60(1)(c) as they are not agriculturist,

labourer or domestic servant.

 (Para 3) 

(B)Civil P.C. (5 of 1908), O.21 R.64 - Execution proceedings - Attachment of various items of

immovable properties - Right is available to judgment debtor under Order 21, Rule 64 to bring

to sale only such portion of attached property, proceeds of which would be sufficient to satisfy

claim of decree holder - Judgment debtor, even at appellate stage can move executing Court

to exercise his right.

AIR 1990 SC 119, Foll.

 (Para 4)