PANDURANG VITHOBA PATIL Vs. SHAMRAO BHAU PATIL

JUDGEMENT

(1.) This appeal raises an important question regarding the interpretation of the second paragraph of Section 22 of the Dekkhan Agriculturists Relief Act, 1879.

(2.) The respondent obtained a money decree for Rs. 274 and odd against the appellant who was then not an agriculturist. The respondent then filed a darkhast to recover the decretal amount, and as by that time the appellant had acquired the status of an agriculturist, the respondent requested the Court to direct the Collector to take possession of his land under the second para of Section 22 of the Dekkhan Agriculturists Relief Act for the satisfaction of the decree out of its income. The appellant contended that as he was not an agriculturist at the date of the decree, the Collector could not be asked to take possession of his land under that section. Both the Courts below held that para. 2 of Section 22 was applicable and ordered the darkhast to proceed.

(3.) The first paragraph of Section 22 provides that immoveable property belonging to an agriculturist shall not be attached or sold in execution of any decree or order passed whether before or after this Act comes into force, unless it has been specifically mortgaged. Hence, whether the judgment-debtor was an agriculturist at the date of the decree or whether he acquired that status after the decree but before the execution, his land cannot be attached and sold in execution of a money decree. The second paragraph provides as follows :- The Court, on application or of its own motion, may, when passing a decree against an agriculturist or in the course of any proceedings under a decree against an agriculturist passed whether before or after this Act comes into force, direct the Collector to take possession, for any period not exceeding seven years, of any such property of the judgement-debtor to the possession of which he is entitled, and which, in the Opinion of the Collector, is not required for his support and the support of the members of his family dependent on him.