ANANT GOVIND JOG Vs. TUKARAM KUSHABA SHINDE

JUDGEMENT

(1.) This is a second appeal in execution of a decree obtained against one Kushaba and his son Vishnu. The decree is sought to be executed against Tukaram, another son of Kushaba, who is brought on the record as the legal representative of his brother and father. Tukaram being an agriculturist and the property not being specifically mortgaged, it could not be sold under Section 22 of the Dekkhan Agriculturists Relief Act, and the decree-holder sought to execute the decree by attachment of the rent of the land due from the tenant and from other moveable property of Tukaram.

(2.) The learned Subordinate Judge held that the debt incurred by defendant No. 3's father was not tainted with illegality of immorality, that the land, the rent of which was sought to be.attached, was the self-acquired property of the father Kushaba, and that, though the decree could not be executed against the land as it was not specifically mortgaged, the decree-holder could proceed against the rent due from the tenant.

(3.) On appeal, the learned District Judge held that the rent of the property left by the deceased father which came into existence after the death of the father could not be considered to be the property of the deceased which came into the hands of Tukaram within the meaning of Secs.50 and 53 of the Civil Procedure Code, and that the rent was the result of the crops obtained by the labour, seed and the soil of which only the last one was left by the father to his son, and therefore, disallowed the application, but allowed it to proceed as regards other moveable property liable to attachment.