Supreme Court hears appeal on residential property exemption claim

The case concerns a dispute over the auction sale of a residential property in Delhi, where the Supreme Court is determining whether the exemption from attachment under Section 60(1)(ccc) of the Code of Civil Procedure is personal to the judgment-debtor or can be claimed by his legal representatives.

Who it concerns: Appellants: Sheela Gehlot (Auction-Purchaser), Punjab & Sind Bank, and Jagminder Singh (son of the judgment-debtor). Respondents: Mohini Hardayal Singh and others. Bench: Justice Alok Aradhe.

What the court decided

• The Court is hearing appeals against a High Court judgment that set aside the Debts Recovery Appellate Tribunal's decision and remitted the matter to the Debts Recovery Tribunal for a fresh inquiry.
• The core issue is whether the exemption under Section 60(1)(ccc) of the Code of Civil Procedure is personal to the judgment-debtor or available to legal representatives.
• The High Court had previously held that the omission of notice was a defect going to the root of jurisdiction but required a fact-finding inquiry regarding the exemption claim.

Also in the document

• The judgment is marked as 'REPORTABLE'.
• The High Court held that Section 31A of the 1993 Act did not apply retrospectively to the pre-existing execution.
• The High Court directed that the respondent is entitled to an opportunity to lead evidence regarding her claim to exemption under Section 60(1)(ccc) of the Code.