L LAIQ RAM Vs. HAR PRASAD

JUDGEMENT

(1.) This is a judgment-debtor's appeal against an order passed by the learned Subordinate Judge, rejecting his prayer that a decree which is being executed against him should be transferred for execution to the Collector. The respondents- decree holders obtained a mortgage decree against the judgment-debtors on 15th August 1931 which was made final on 12 March 1932. On 17 June 1932 the decree-holders applied for execution and asked for the sale of the mortgaged properties. The judgment-debtor made an application, asking that as the sale of agricultural land was asked, the decree should be transferred to the Collector for execution. This contention was not accepted by the learned Subordinate Judge who held that as the land sought to be sold was not under the cultivation of the judgment-debtor it was not therefore agricultural land and so the decree could not be sent to the Collector for execution. The present appeal has been preferred by the judgment-debtor against the order disallowing his objection.

(2.) We have heard the learned Counsel on both sides and are of opinion that the objections of the judgment-debtors must prevail. It is true that at the time when the learned Subordinate Judge gave his decision the lafeeat notification on this point had nofc been issued and he therefore hold that the land was not agricultural and therefore the decree could not be sent to the Collector. But now a notification has been issued which is published in the U.P. Government Gazette of 3 June 1933, No. 968.1 A-93, according to which any interest in land or fractional share will also come within the definition of agricultural land. So it must be held that the property Bought to be sold is agricultural land. The learned Counsel for the respondents has contended that the notification No. 576-IA-93, published in the U. P. Government Gazette of 26th, March 1932, would not cover this case . This notification runs as follows: In supersession of notification No. 1887/1-288; dated 7 October 1911, and in exercise of the powers conferred by Section 68, Civil P.C., 1903, the-Governor-in-Council is pleased to declare that, with effect from 1 April, 1932, the execution, of decrees in cases in which a civil Court has- ordered any agricultural land situated in the United Provinces of Agra and Oudh or any interest in suoh land to be sold, shall be transferred to the Collector.

(3.) This has to be read with another notification dated 14 August 1926 which runs as follows: In supersession of notification No. 671, dated. 30 August 1880, and in exercise of the powers conferred by Secs.63 and 70, Civil P.C. 1908 the Lieutenant Governor, with the previous sanction of the Governor- General-in-Gouncil, is. pleased to declare that, with effect from 1 January, 1912, the execution of decrees in cases in which a civil Court has ordered any ancestral land situated in the United Provinces of Agra and Oudh or any interest in such land to be sold, shall be transferred to the Collector.