RATAN LAL Vs. S B B J

JUDGEMENT

(1.) Perused the impugned order dated 4th March, 1995 against which the petitioner preferred this revision petition.

(2.) The brief facts of the case are that the plaintiff-respondent No.l Bank obtained a decree for Rs.72,079/- on 16th Dec., 1978. The execution petition was filed for recovery of the said amount by sale of the mortgaged property by the decree holder non-petitioner No.1. In the execution petition, the judgment- debtor submitted an application raising objection that since, the property mortgaged is an agriculture land, therefore, it cannot be put to auction and there is bar against the attachment and sale of the agriculture land.

(3.) The Executing Court observed that there is no provision in the CPC, which puts bar against attachment and sale of agriculture land. Special provisions for sale of agriculture produce has been given in Order 21 Rules 74 & 75 CPC. It is also held that after coming into force of the Rajasthan Agricultural Credit Operations (Removal of 1974') whereby all restrictions, if it were there against the attachment and sale by procedure of Court in the matter of proceedings initiated by the Bank for recovery of the loan from the mortgaged agriculture land have been lifted and therefore, the agriculture land of the objector-petitioner can be attached and sold.