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State of Gujarat - Section

Section 2 in The Gujarat Execution of Decrees (Temporary Postponement) Act, 1959

2. Definitions.

- In this Act, unless the context otherwise requircs-
(i)"agriculturist" means a person who by himself or by his servants or tenants earns his livelihood wholly or principally by agriculture carried on within the limits of the [State of Gujarat] [These words were substituted for the words 'State of Bombay' by the Gujarat Adaptation of Laws (State and Concurrent Subjects) Order, 1960.] or who ordinarily engages personally in agriculture within those limits;
Explanation. - (i) An agriculturist who, without any intention of changing his status as such, temporarily ceases to earn his livelihood by agriculture, or to engage personally in agriculture, or who is prevented from so earning his livelihood, or engaging personally in agriculture by reason of old age or bodily infirmity or necessary absence on account of service in the Armed Forces of the Union does not thereby cease to be an agriculturist within the meaning of this definition;
(ii)an assignee of Government assessment or a mortgagee of lands belonging to an agriculturist is not as such an agriculturist within the meaning of this definition;
(iii)in the case of members of joint family or co-owners or co-tenants, if any member, co-owner or co-tenant shall be deemed to be an agriculturist, although the other members of the joint family or other co-owners or co-tenants do not ordinarily engage personally in agriculture;
(iv)"Civil Court" includes a Court of Small Causes.