In the opinion of this Court, once the decree issued in favour of a decree-holder is one for specific performance of an agreement, in which a specific property is the subject-matter of sale/purchase between the parties, a charge would stand created upon the property itself, unlike where a decree of recovery of money is issued, towards the satisfaction of which a residential house of a judgment-debtor is sought to be attached/sold.
14. That being so, there is no option but to dismiss the present petition, thereby upholding the impugned order, though for the additional reason given, that the protection provided in clause (ccc) to the proviso to Section 60(1) of the CPC, does not extend to a house as is subject-matter of the suit itself, if the decree issued in that suit is one directing execution of an agreement of sale qua the said house.
IN THE HIGH COURT OF PUNJAB AND HARYANA
CR No. 2497 of 2017
Decided On: 13.11.2018
Gurdarshan Singh Vs. Jaswant Singh
Hon'ble Judges/Coram:
Amol Rattan Singh, J.
Citation: AIR 2019 P&H 1
