Bombay High Court
Hira Jitajishet Marwadi vs Daula Khetajishet Marwadi on 9 February, 1926
Equivalent citations: AIR1926BOM287
JUDGMENT Macleod, C.J.
1. The appeal must be allowed. The decision in Mulji v. Goverdhandas A.I.R. 1923 Bom. 36 has no application to the case. That case was decided under Section 20 of the Dekkhan Agriculturists' Relief Act. Section 21 says:
No agriculturist shall be arrested or imprisoned in execution of a decree for money passed whether before or after this Act comes into force.
2. So that the question is whether a per son sought to be arrested is an agriculturist at the time of the arrest, and if he is, then he is exempt.
3. The case must, therefore, go back to the trial Court for a finding on whether the defendant is entitled to exemption under Section 21. The appellant is entitled to his costs.