Allahabad High Court
Habibul Razzaq vs Shiam Bahadur on 30 October, 1934
Equivalent citations: AIR1935ALL292, 153IND. CAS.511
JUDGMENT Bennet, J.
1. This is a second appeal by a judgment-debtor who claims exemption of the house in which lie resided from attachment and sale in execution of a simple money decree. The exemption is claimed on the ground that he is an agriculturist under Section 60(1)(c). I understand that an agriculturist refers to an occupation and that a man is an agriculturist who engages in the cultivation of land, that is, who ploughs land, sows the crop and attends to it. The appellant admittedly does not cultivate land himself by his own efforts. His occupation is that of a mukhtax-i-am. As part of his pay he receives from his master some land free of rent in a village which is 16 or 17 kos from his residential house in the town of Budaun. This land is cultivated by labourers hired by the appellant. I do not consider that the cultivation of land by hired labourers by a person who has a different occupation constitutes that person an agriculturist. Accordingly I dismiss this second appeal with costs.