1950 (10) TMI 15

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....dinate Judge, 1st Class, Amritsar, dismissing the Appellant for execution of the D.H. and accepting the objections of the J.D. that the property sought to be sold in execution was a house used for residential purposes of the J.D. and was therefore exempt from attachment and sale in execution of a decree. ( 2. ) Radha Kishan, the present J.D. obtained a decree against Hari Singh and in execution....

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....rder accepting the objections Agha Jafar Ali Khan, presumably as the legal representative of the original purchaser, appld. to the executing Court for the return of his purchase money. Nothing seems to have been done for some time and ultimately he applied for recovery of his money by attachment and sale of the property bearing Khana shumari No. 1264 situate in Chowk Nimak Mandi, Amritsar. An obje....

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.... which was issued for this purpose on 6 -10 -1938 also described the property as a residential house. As I have said before the witnesses and the J.D. have deposed on both that the property is being used for the purposes of residence of the J.D. and his family. As against this there is the evidence of four witnesses produced by the judgment -creditor, Muzaffar Ali P.W. 1 who produced copies from M....

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....l house, then that building with all other buildings attached to it would be a residential house for the purposes of the exemption. In this case there is evidence to show that the whole building is being used for the purposes of residence and even if there is a shop on the ground floor it cannot be said that that alone will convert it into something different from a residential house. I, therefore....