CHANDRAWATI TEWARI Vs. UTTAR PRADESH GOVERNMENT

JUDGEMENT

(1.) The State of Uttar Pradesh obtained a decree for costs in a proceeding under the Land Acquisition Act against Inder Dutt Tewari. In execution proceedings this case was registered as Execution. Case No. 13 of 1954. It was prayed that the house in question be sold. Thereupon Inder Dutt Tewari filed an objection under Section 47 of the Code of Civil Procedure. This was registered as Miscellaneous Case No. 128 of 1956. The objector urged that he was an agriculturist within the meaning of Section 60 of the Code of Civil Procedure and that the house attached and put to sale was his residential house and he was in actual occupation as such. He, therefore, prayed that the house be released from attachment and sale under Section 60 of the Code of Civil Procedure, The State Government filed an objection pointing out that the objector was not an agriculturist as agriculture was not his main source of income and he did not personally till the land. It was pointed out that he owned many buildings. Two other objections were taken urging that the objector had previously mortgaged the house and that he was in possession only of a portion of the building.

(2.) On this objection the learned District Judge framed three issues :

(3.) The learned single Judge has referred to the case of Tirloki Prasad v. Kunj Behari Lal AIR 1935 All 448 and the case of Shiamlal v. Smt. Sahodra Devi, 1060 All LJ 177 : (AIR 1960 All 429) and has suggested that the difference of opinion expressed in the two decisions be reconciled. He has further stated: