CPC S. 60 (1) (CCC) – Suit for specific performance regarding disputed house – Trial Court held that agreement of sale was only for the purpose of security and there was no intention to sell/purchase the house – Only residential house cannot be sold in execution. (PLRonline ID #1318103)

cpc S. 60 (1) (CCC) – Suit for specific performance regarding disputed house – Trial Court came to the conclusion that agreement of sale was only for the purpose of security and there was no intention to sell/purchase the house – Operative part of decree reproduced above goes to show that no charge was created on the house in question –  The Executing Court is to execute the decree and not the findings on which decree was passed – Since in decree, no charge was created on the house in question, therefore, protection of amended provisions of Section 60 (1)(CCC) CPC, 1908, as applicable to State of Punjab, Haryana and Chandigarh is available to JD and her only residential house cannot be sold in execution of decree.