Section 17(1) in The U.P. Debt Redemption Act, 1940
(1)Notwithstanding anything contained in section 16 or in any other law for the time being in force-(a)the land of an agriculturist, the local rate payable by whom or recoverable from whom does not exceed twenty-five rupees per annum, shall not be sold or otherwise transferred in execution of a decree to which this Act applies, nor shall a final decree for foreclosure be passed in respect of such land, and(b)in the case of any other agriculturist -(i)only so much of his land may be sold or otherwise transferred in execution of a decree to which this Act applies, or(ii)a final decree for foreclosure may be passed in respect of only so much of his land, as would, after such sale or transfer or foreclosure leave with him land the local rate payable in respect of which would be at least rupees twenty-five per annum :Provided that in the permanently settled areas of the Benaras Division and the Azamgarh District the local rate on the agriculturists' land shall, for the purpose of this section, be deemed to be twice the local rate actually payable on it:[Provided further that in Oudh the local rate recoverable from an under-proprietor shall, for the purposes of this section, be deemed to be the local rate payable by the superior proprietor in respect of the land held by the under-proprietor as such] [Inserted by section 3 of U.P. Act VI of 1942 made by the Governor in exercise of the powers assumed by him under section 93 of the Government of India Act, 1935. It was re-enacted and continued by U.P. Act XIII of 1948.]:Provided [also] [Substituted for 'further' by U.P. Act No. VI of 1942.] that the court may execute a decree to which this Act applies by granting to the decree holder a self-liquidating usufructuary mortgage, for a period of not more than twenty years, of such land as is protected from sale, transfer or foreclosure by the provisions of this section :Provided also that when a mortgage has been granted under the provisions of this section the same land shall not be mortgaged in execution of any other decree to which this Act applies against the same debtor or his heir or successor if the term of the mortgage together with the terms or term of previous mortgage or mortgages exceed twenty years.
