VASEESWARARSWAMY DEVASTHANAM TIRUPACHUR Vs. ABDUL AZEEZ

JUDGEMENT

(1.) THIS civil revision petition is filed by the decree-holder whose execution petition has been dismissed on the ground that it is barred by limitation.

(2.) THE decree that is sought to be executed is a money decree for arrears of rent. THE date of decree is 12. 4. 1972. THE Execution petition has been filed on 2. 3. 1987. As per the general law of limitation a decree shall be executed within 12 years. THErefore, clearly the execution petition has been filed long after 12 years of the date of decree. In the execution petition it is stated that as the Tamilnadu Debt Relief Acts were in currency from 16. 1. 1975 to 14. 7. 1978 the execution petition is in time.

(3.) BUT from this alone, it cannot be said that the judgment-debtor is an agriculturist within the meaning of Agriculturist defined in the said Acts because as per the definition agriculturist given in the Acts, any person who was assessed to Income-tax under the income-tax Act, 1961 (Central Act 43 of 1961) or to Agricultural Income-tax under the Tamil Nadu Agricultural Income-tax Act, 1955 (Tamil Nadu Act 5 of 1955) or to sales tax under the Tamil Nadu General Sales Tax Act, 1959 (Tamil nadu Act 1 of 1959), or under the Central Sales Tax Act, 1956 (Central Act 74 of 1956) for certain years mentioned in the said Acts is not an agriculturist.