NARAYAN BHIMJIVADANGALE Vs. HUKUMCHAND CHUNILAL THOLE

JUDGEMENT

(1.) - This appeal by special leave is directed against the judgment and order dated 12-1-1979 of the High Court of Bombay passed in Second Appeal No. 625 of 1975.

(2.) The appellants herein are heirs of the original judgment-debtor. The respondent herein is the decree-holder firm. The decreeholder firm as plaintiff filed a suit for recovery of a sum of money against the defendant judgment-debtor. The suit was decreed. In execution thereof some agricultural land of the judgment--debtor was attached and put to auction. The decree-holder firm with due permission of the Court emerged as the successful bidder at the auction. The auction was later confirmed by the Executing Court and a sale certificate was issued to the firm.

(3.) In the meantime, before the issuance of the sale certificate, the heirs of the judgmentdebtor moved an objection petition under S. 47 of the Code of Civil Procedure before the Executing Court on the ground that the auction sale was violative of S. 63 of the Bombay Tenancy and Agricultural Lands Act, 1948 inasmuch as the decree-holder firm was non-agriculturist. This objection found favour with the Executing Court and was affirmed in appehl but the same was reversed by the High Court. The High Court took the view that the firm being an inanimate person could neither be an agriculturist nor a non-agriculturist.