JAI LAL Vs. PADAM SINGH

JUDGEMENT

(1.) This is a reference made by the learned Senior Subordinate Judge, of Mahasu in a proceeding in execution of a decree under Section 113 and Order 46, Rule 1, C. P. C. The decree under execution not being a non-appealable one, and moreover, the question involved being as to the validity of a Regulation, the former and not the latter was the correct provision of the Code for making the reference.

(2.) In execution of a money decree the judgment-debtor pleaded the bar of Section 15, Bushahar Alienation of Land Regulation of 1986 B. against the attachment of his land. This section provides that no land belonging to a member of an agricultural tribe shall be sold in execution of any decree or order of any Civil or Revenue Court, whether made before or after the commencement of the Regulation. Section 2(g) of the Regulation defines the term "members of agricultural tribe" as Bushaharis following the profession of agriculture and belonging to certain castes enumerated therein. One of the castes so enumerated is Rajput to which the judgment-debtor belongs. The decree-holder contended that Section 15 of the Regulation is void under Article 13(1) of the Constitution inasmuch as it is inconsistent, with Article 15, which lays down that the State shall not discriminate against any citizen on grounds only of religion, race, caste, sex, place of birth or any of them.

(3.) The learned Senior Subordinate Judge has referred the following question for the opinion of this Court: