Displaced Persons (Debts Adjustment) Act,1951
Act No : 70
Section :
Further reliefs in the matter of attachment of property.
31. Further reliefs in the matter of attachment of property. Section 60 of the Code of Civil Procedure, 1908 (5 of 1908) shall, in relation to the execution of any decree for a debt against a displaced person (whether passed before or after the commencement of this Act), have effect, as if-- (1) for clause (c) of the proviso to sub-section (1), the following clauses had been substituted, namely:-- "(c) houses and other buildings (with the materials and the sites thereof and the land immediately appertaining thereto and necessary for their enjoyment) belonging to an agriculturist and not proved by the decree-holder to have been let out on rent or otherwise to any person other than the father, mother, wife, son, daughter, daughter-in-law, brother, sister or other dependant of the judgment-debtor or to have been left vacant for a period of one year or more; (cc) milch animals, whether in milk or in calf, kids, animals used for the purpose of transport or draught cart and open spaces or enclosures belonging to an agriculturist and required for use in case of need for tying cattle, parking carts or stacking fodder or manure; (ccc) one main residential house and other buildings attached to it (with the materials and the sites thereof and the land immediately appertaining thereto and necessary for their enjoyment) belonging to a judgment-debtor other than an agriculturist and occupied by him"; 79 (2) in clause (i), for the words "hundred rupees" the words "two hundred and fifty rupees" had been substituted; (3) after clause (p), the following had been inserted, namely:-- "(q) two-thirds of the agricultural produce of the judgment-debtor; (r) so much of any other property of the judgment- debtor as constitutes the means of his livelihood and as is likely, in the opinion of the Court, to yield to him an income of not less than two hundred and fifty rupees a month; (s) any loan advanced or agreed to be advanced by or on behalf of or out of the funds of the Central Government or a State Government, or any asset created from any such loan;" Explanation.-Where any such asset as is referred to in clause (s) has been created partly from such loan and partly from the private funds of the judgment-debtor, that portion of the asset which has been created from the private funds shall, if severable from the remaining portion, be liable to attachment or sale.
Read All Comments
