CHEVENDRA VENKATA KUTUMBA RAO Vs. GOVARDHANAM APPALACHARYULU

JUDGEMENT

(1.) The short question of law that arises in this case is whether standing crops on the property constituting the emoluments of archakatvam service are attachable and liable to be brought to sale in execution of a decree.

(2.) The Courts below have held that as the archakatvam service lands are not alienable, the standing crops are also not liable to be attached. The identical question arose for consideration before a Bench of this Court in Kesvacharyulu v. Venugopalaswamy Varu 1955 Andhra WR 480 Bhimasankaram, J., delivering the judgment of the Bench held that clauses (h) and (i) of the proviso to Section 60 did not apply and that the crops might be attached. It was further held that even the crops raised on the lands set apart for paditram, etc., were liable to be attached.

(3.) Sri Veerabhadraiah, the learned Advocate for the respondent, conceded that the decision directly governed the case. But he argued that as the learned Judges did not consider the terms of Section 6 (h) of the Transfer of Property Act, the matter might be referred to a Bench or a Full Bench. In support of this argument he relied upon three decisions of the Madras High Court.