BASHEER AHAMED Vs. GPADMANABHA KAMATH

JUDGEMENT

(1.) The respondent obtained a money decree for Rs. 15,000 against the appellant with costs and current interest, in Civil Suit No. 148/1946 on the file of the High Court of Madras and got it transferred in September 1947 to the Court of the District Judge, Bangalore for execution. He seems to have filed Ex. 142/47-48 in the latter Court and got some immoveable properties of the judgment-debtor attached. In his present execution application he has sought for the sale of these attached properties. The judgment-debtor has filed objections pleading that he is an agriculturist within the meaning of Section 2, Mysore Agriculturists' Relief Act; that he should therefore be permitted to pay the decree amount by annual instalments as provided by Section 12, Agriculturists' Relief Act and that his immoveable properties cannot be attached or sold except under conditions contained in Section 14 of that Act. He therefore wanted his status as an agriculturist to be determined before execution was proceeded with.

(2.) The District Judge overruled his objections holding that the transferee-executing Court cannot consider the questions and the judgment-debtor has appealed.

(3.) It is contended by Sri H. Lakshmanaswamy, learned counsel for the appellant that though the decree was passed in 1946 his client has applied to the District Court for relief under the Agriculturists' Relief Act, raising the question of his status, at the earliest possible opportunity as allowed under Sub-section 1(a) of Section 4 of that Act and that the provisions of that Act must be held to affect and govern the terms of the decree though the same has been passed by the Madras High Court.