NIADAR SINGH Vs. SABIT KHAN

JUDGEMENT

(1.) THE question in this case is whether the house of an agriculturist, which has been found to be appurtenant to his agricultural holding, is liable to sale in execution of a decree obtained upon a mortgage of the house made by the agriculturist. THE appellant relies on the decision of the Full Bench in Bhola Nath v. Musammat Kishori 11 Ind. Cas. 646 ; 34 A. 25 ; 8 A.L.J. 1045. In that case the view seems to have been taken that the house of an agriculturist which was mortgaged by him was liable to sale in execution of a decree, provided that it did not appertain to his agricultural holding. As in this case it has been found that the house appertains to the agricultural holding of the respondents, it is not liable to sale having regard to the provisions of Section 60 of the Code of Civil Procedure. We dismiss the appeal with costs.