BANSI DHAR Vs. RAMESHWAR

JUDGEMENT

(1.) On 19-2-1930, a decree was passed in favour of the resps, l & 2 for a sum of Rs. 494/ 14/6 plus costs & interest against the applt. & resp. 3. Various applns. for execution were made, the last one being on 19-2-1944 When this appln. was made the J. D. objected that the appln. was made beyond time having been filed more than 12 years after the decree. Upon this an issue was framed by the Court executing the decree which was as follows "Are the objectors agriculturists under Act X [10] of 1937 ?" After this issue had been framed, the pleader for the objectors stated as follows "The objectors are copper-smiths by profession. They have no other occupation in life." Bansidhar appellant made a statement on oath as P.W. 1. He stated 'I am a copper-smith & deal in copper & brass wares." At a latter portion of his statement he stated: 'In 1941 I applied for amendment. I classed myself as an agriculturist because I was a copper-smith."

(2.) The judgment of the trial Court indicates, that the only point argued before that Court was that a copper-smith was not a servant of the village community within the meaning of Sch. 3 attached to the Temporary Postponement of Execution of Decrees Act X [10] of 1937. The Ct. held that he was a servant of the village community because mention is made in the first schedule attached to the U.P. Debt Redemption Act of copper-smiths as servants of the village community. The trial Ct. therefore, held that Act X [10] of 1937 applied to the present case & adding the period allowed by Section 5 of that Act, it held that the appln. for execution was within time.

(3.) In appeal it is contended, firstly, that a copper-smith is not a servant of the village community & secondly, that it is not shown that the applt. was actually doing the work of a coppersmith, although he is one by caste & has a shop for selling copper & brass-wares.