Bombay High Court
Balchand Chaturchand vs Chunilal Jagjivandas on 19 February, 1913
Equivalent citations: (1913)15BOMLR387, 19IND. CAS.901
JUDGMENT Heaton, J.
1. In this case the First Class Subordinate Judge of Nasik has applied Section 20 of the Dekkhan Agriculturists' Relief Act to the case of a judgment-debtor who was not an agriculturist when the decree was obtained, but who by discarding trade and limiting himself more exclusively to profits in land had become an agriculturist at the time of the execution. We do not think that he was empowered to do this. There has been a great deal of argument as to the meaning of Section 20, in the light of the definition of the word ' agriculturist' in the Act, but it seems to us to be quite clear that Section 20 cannot apply to the case of a person who was not an agriculturist when the decree was obtained, whatever his status may be thereafter when execution comes to be taken out against him. And therefore as the Subordinate Judge had no power to make the order which he did, granting instalments, we must set that order aside and direct that the execution proceedings should go on according to law.
2. The appellants must have their costs here and in the Court below.
3. The cross objections by the respondent are dismissed with costs.