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Hira Jitajishet Marwadi Vs. Daula Khetajishet Marwadi - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtMumbai
Decided On
Case NumberFirst Appeal No. 112 of 1925
Judge
Reported in(1926)28BOMLR539; 95Ind.Cas.259
AppellantHira Jitajishet Marwadi
RespondentDaula Khetajishet Marwadi
DispositionAppeal allowed
Excerpt:
.....arrest of judgment-debtor-agriculturist at the time of arrest.; under section 21 of the dekkhan agriculturists' relief act 1879, a person is exempt from arrest in execution of a decree for money only if he is an agriculturist at the time of the arrest. - maharashtra scheduled castes, scheduled tribes, de-notified tribes (vimukta jatis), nomadic tribes, other backward classes and special backward category (regulation of issuance and verification of) caste certificate act (23 of 2001), sections 6 & 10: [s.b. mhase, a.p. deshpande & p.b. varale, jj] caste certificate petitioner seeking appointment against the post reserved for member of schedule tribe his caste certificate was invalidated subsequently held, his appointment would not be protected. the observations/directions issued by.....norman macleod, kt.,c.j.1. the appeal must be allowed. the decision in mulji v. goverdhandas : air1923bom36 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.' so that the question is whether a person sought to be arrested is an agriculturist at the time of the arrest, and if he is, then he is exempt.2. 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.
Judgment:

Norman Macleod, Kt.,C.J.

1. The appeal must be allowed. The decision in Mulji v. Goverdhandas : AIR1923Bom36 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.' So that the question is whether a person sought to be arrested is an agriculturist at the time of the arrest, and if he is, then he is exempt.

2. 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.


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