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Chota Nagpur Division - Section

Section 186 in Chota Nagpur Tenancy Act, 1908

186. Exemption from attachment and sale - The following particulars shall be exempted from attachment and sale in execution of any decree or order passed by a Deputy Commissioner under this Act, namely,-

(a)the necessary wearing apparel and bedding of the judgement-debtor, his wife and children;
(b)tools and implements of husbandry, and such cattle and seed grain as may, in the opinion of the Deputy Commissioner, be necessary to enable the judgement-debtor to earn his livelihood as an agriculturist;
(c)the materials of houses and other buildings belonging to and occupied by agriculturist;
(d)books of account;
(e)any right of personal service;
(f)stipends and gratuities allowed to [* * *] pensioners of the [Government] and political pensions;
(g)the wages of labourers and domestic servants;
(h)a right to future:
Provided that nothing in this Section shall be deemed to exempt the materials of houses and other buildings from attachment of sale in execution of decrees for rent.Explanation. - The particulars mentioned in clauses (f) and (g) are exempt from attachment or sale whether before or after they are actually payable.[186A. Restrictions on the execution of the decree. - A decree for arrears of rent obtained against a Raiyat or an under-raiyat shall not be executed,-
(a)by the detention in the civil prison of the judgement-debtor, or
(b)by the sale of houses and other buildings with the materials and the sites thereof and the lands immediately appurtenant thereto and necessary for their enjoyment belonging to the Raiyat or under-raiyat occupied by him:
Provided that any such house and building and the materials and the site thereof and the land immediately appurtenant thereto and necessary for their enjoyment may be sold in execution of a decree for arrears of rent due in respect of the site of such house or building.]