GANPAT CHANDRABHAN Vs. TULSI RAMCHANDRA

JUDGEMENT

(1.) In this case the following questions have been referred to us as a Full Bench for decision, viz:-- (1) Whether the extension of Secs.2 and 20 of the Dekkhan Agriculturists Relief Act to the District of Khandesh is sufficient to make a person an agriculturist within the meaning of Section 2, if that person by himself or by his servants or by his tenants earns his livelihood wholly or principally by agriculture carried on within the limits of the District or ordinarily engages personally in agricultural labour within those limits? (2) If not, whether the further extension of the provisions of Chapters V, VI and VII so far as they relate to Village Munsiff's and Conciliators is sufficient to constitute such a person an agriculturist within the meaning of Section 2?

(2.) The Act, as now in force, after reciting in the preamble that "it is expedient to relieve the agricultural classes in certain parts of the Dekkhan from indebtedness," enacts in Section 1 as follows:-- This Act may be cited as the Dekkhan Agriculturists Belief Act, 1879: and it shall come into force on the first day of November, 1879. This section and Secs.11, 5(j, 60 and 62 extend to the whole of British India. The rest of this Act extends only to the districts of Poona, Satara, Sholapur and Ahmednagar, but may, from time to time, be extended wholly or in part by the Local Government, with the previous sanction of the Governor General in Council, to any other district or districts in the Presidency of Bombay or to any part or parts of any other such district or districts.

(3.) Then Section 2 runs:-- In construing this Act, unless there ia something repugnant in the subject or context, the following rules shall be observed, namely:--1st-- Agriculturist shall be taken to mean a person who by himself or by his servants or by his tenants earns his livelihood wholly or principally by agriculture carried on within the limits of a district or part of a district to which this Act may for the time being extend; or who ordinarily engages personally in agricultural labour within those limits. 3. The remaining rules in Section 2 i need not set out.