FAZAL AHMAD Vs. WESAL-UD-DIN

JUDGEMENT

(1.) THIS is an appeal arising out of the execution of a decree for sale of

(2.) PROPERTY. The decree-holder has applied for sale of a certain village. The question before the Court is whether the proceedings in execution should be in accordance with the rules relating to sale of ancestral PROPERTY as defined in Chapter IV, Rule 5, of the General Rules of Practice for Civil Courts or that proceedings should continue as for sale of non-ancestral PROPERTY. The Court below issued to the judgment-debtor a notice under Rule 66 of Order XXI. According to the decree-holders the PROPERTY was non-ancestral. The judgment-debtor appeared to show cause and has urged that in this particular case the PROPERTY should have been held to have been ancestral land within the meaning of that term as used in Rule 5 of that Chapter. Under Clause (a) of that rule all lands, being mahals or shares in or portions of mahals which have been owned continuously, ira the Province of Agra by the proprietor from the 1st January 1850...or by the person or persons from whom such proprietor has directly or indirectly inherited such lands, are to be deemed ancestral land within the meaning of that rule.