9911796707
TMI Blog1957 (4) TMI 81X X X X Extracts X X X X X X X X Extracts X X X X ..... r storeys are admittedly used for residential purposes, and are in the occupation of judgment-debtors and the members of their families. As regards the purpose, to which the ground floor is put, there is a conflict between the respective versions of the parties. The judgment-debtors-appellants maintained, that after the failure of their business several years ago, the ground floor ceased to be used as a shop and the rooms behind were not used as store rooms. After 1948, the judgment-debtors contend, that even the portion that was at one time being used as shop, was occupied for residential purposes. 3. The judgment-debtors have raised objections to the attachment of this property in execution of the respective decrees on the principal ground that under provisions of Section 60(ccc) of the Code of Civil Procedure; as applicable to Punjab, one main residential house and other buildings attached to it belonging to a judgment-debtor other than an agriculturist and occupied by him are not liable to attachment or sale in execution of a decree. 4. The decree-holders deny the allegations of the judgment-debtors and contend that the house in question cannot be deemed to be residential, ho ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... round-floor continued to be used for business purposes and the shop and the contiguous rooms were not converted into residential house. 7. The question that albeit arises, is, whether when one building with three floors is subjected to different uses the ground-floor being Used for commercial purposes and the first and second floors for residential purposes, the judgment-debtor can claim, immunity from attachment or sale, with respect to the entire house under the provisions of Section 60(ccc) of the Code of Civil Procedure. No direct authority has been cited by either counsel in support of his contention. Mr. Jagan Nath Seth has relied mainly upon a Division Bench decision of La-hore High Court in Jhabban Lal v. Muhammad Umar ILR Lah. 359: (AIR 1925 Lah 544 (A). That was a case, in which the dispute arose under Section 5 of the Punjab Pre-emption Act, I of 1913 and the question was, whether a building which was the subject-matter of the suit was a shop or a residential house. In that case it was found that the building was used for trade for over 20 years and it was situated in an area which 'was essentially a busi-ness quarter. The tenants had for the past 10 or 12 years us ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 9 (D); "The right to pre-emption is very special in its character. It is founded on the supposed necessities of a Mahomedan family arising out of their minute sub-division and inter-division of ancestral property; and as the result of its exercise is generally adverse to public interest, it certainly will not be recognised by this Court beyond the limits to which those necessities have been judicially decided to extend". The reasoning which weighs with the Court, when adjudicating upon rights under pre-emption law, will lead them astray, if it is imported for interpreting legislative measures granting relief against indebtedness, as they are not in pari materia. It is a cardinal rule of interpretation to which all others are subordinate, that a statute" is to be expounded "according to the intent of them, that made it" (4 Inst. 330). 11. In Sussex Peerage case. (1844) 8 E. R. 1034, at P. 1057 (E) Lord Chief Justice Tindal, siting in the House of Lords, observed; "My Lords. The only rule for the construction of Acts of Parliament is that they should be construed according to the intent of the Parliament which passed the Act. If the words of the Stat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... In interpreting the meaning and words of an expression it is useful to examine them in the light of the object and purpose of the statute. It will serve no useful purpose, therefore, to seek help from authorities under the preemption law. the object and intention of which is totally different from that of Section 60(1) of the Code of Civil Procedure. The spirit behind Section 60(1)(ccc) is to declare certain properties unattachable in execution of decrees. It is the policy of the law that in case of a debtor, regardless of his indebtedness or conduct or the corresponding hardship on the judgment-creditor, he should be allowed to keep with himself one main residential house and other buildings attached to it belonging to and occupied by him. The tendency of the law of Creditors and debtors, in recent times, has been that a debtor should be helped, and to a limited extent even against his own indiscretions. Among debtors, the agriculturist debtor as against any other debtor, receives a preferential treatment. Under Section 60(c) house and other, buildings belonging to an agriculturist and occupied by him are exempt from attachment-Section 35 of Punjab Relief of Indebtedness Act VI ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... one residential house for his habitation though the Act was a measure which was designed in the main to relieve agricultural indebtedness in the Punjab on the lines of similar steps taken by Provincial Legislatures in other parts of India. The word "residential" and other cognate expressions such as, "reside", 'residing", "resident", "residence" "residences" and "occupy" occurring in several statutes have variously shaded but elastic meaning. A person is ordinarily said to "reside" where he lives with his family. The word "residence" connotes two elements, (1) actual or physical habitation and (2) the intention to remain there permanently that is, for an unlimited time. In its ordinary sense the word "reside" carries with it the idea of permanence, that is for any length of lime, as well as, continuity. The word "residence" denotes a dwelling house where a person lives in a settled abode. 18. In another sense, residential , house is a dwelling house as distinct from a house of business, warehouse, office, shop etc. Residential house is a building, used as a place of. abode, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n in support of his contention. But there is a decision of Kapur J. in Agha Jafar Ali Khan v. Radha Kishan AIR 1951 P&H 433 (L), the facts of which were very similar to the facts here. There too the house under attachment was situated in Nivak Mandi, Amritsar a business locality. It was being used for the purposes of residence of the judgment-debtor, and his family. The upper storeys were used for residential purposes. It was contended in that case, has also been argued before me, that the first storey was being used as a shop and, therefore, the entire residential house should be deemed to have been converted into a shop. The argument was repelled by Kapur J. who observed; "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." It may also be noticed that under Section 60(1)(ccc), exemption is given, not only to the main residential house, but also to other buildings attached to it. The portion of the house on the ground-floor which is being used as a shop, is attached t ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
