PUKHRAJ AJAYRAJ OSWAL Vs. PRABHA VANAJI

JUDGEMENT

(1.) THIS is a decree-holder's Execution Second Appeal against an appellate order of the Senior Civil Judge, Jalore holding that a house belonging to Prabha judgment-debtor is exempt from attachment and sale under Section 60 (1) (c), C. P. C.

(2.) AS to who is an agriculturist under Section 60 (1) (c) was laid down by their lordships of the Supreme Court in Appasaheb v. Bhalchandra, AIR 1961 SC 589. It was held that:

(3.) THE attention of the lower courts was not drawn to this decision. They have followed Smt. Chandrawati Tewari v. U. P. Government, AIR 1961 All 183; Shiamlal v. Smt. Sahodra Devi, AIR 1960 All 429 and Gowardhandas Surajmal Marwadi v. Mohanlal Surajmal, AIR 1938 Nag 366. The decision in Shiamlal's case, AIR 1960 all 429 was overruled by the Full Bench in Chandrawati's case, AIR 1961 All 183. The law laid down in the Full Bench case also is not quite the same as that laid down by their Lordships of the Supreme Court.