AIR 1984 SUPREME COURT 352 ::1984 Punj LJ 165 ::1983 UJ (SC) 222 ::1984 UJ(SC) 222 ::1984 (1) SCC 137 ::(1984) 1 APLJ 22.1 ::(1984) 1 LandLR 638

Supreme Court Of India

(From : Punjab and Haryana)*

Hon'ble Judge(s): A. P. Sen, D. P. Madon , JJ

Punjab Land Revenue Act (17 of 1887) , S.72, S.75— Revenue recovery proceedings under - Attachment and sale of property of defaulter - Part of building used for residence not exempt from attachment and sale - Section 60 C. P. C. has no application. Civil P.C. (5 of 1908) , S.60(1) Proviso(ccc)— (as inserted by Punjab Haryana State amendment) Second Appeal No. 2944 of 1980 (Punj and Har.) Reversed. Section 60, C. P. C. applies only to execution of the decrees of civil Courts and declares what properties are liable to be attached and sold in execution of such a decree and the proviso to sub-section (1) of Section 60 sets out the properties which are not liable to such attachment or sale. The expression "such attachment or sale" in the said proviso refers to the attachment and sale mentioned in sub-section (1) of Section 60, that is, to attachment and sale in execution of a decree of a civil Court. On a plain reading of the said Section 60, it is clear that section has no application to attachment and sale in any proceedings other than in execution of a decree of a civil Court. The provisions of Section 60 of the Code do not apply to an attachment and sale under any other statute unless made expressly applicable thereto.(Para 4) So far as the Punjab Land Revenue Act is concerned, it contains a comp....