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Niadar Singh Vs. Sabit Khan and ors. - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtAllahabad
Decided On
Judge
Reported inAIR1919All222(2); 51Ind.Cas.553
AppellantNiadar Singh
RespondentSabit Khan and ors.
Excerpt:
civil procedure code (act v of 1908), section 60 execution of decree - agriculturist, house belonging to, whether can be sold. - .....to sale in execution of a decree, provided that it did not appertain to his agricultural holding. as in this case it has been found that the house appertains to the agricultural holding of the respondents, it is not liable to sale having regard to the provisions of section 60 of the code of civil procedure. we dismiss the appeal with.....
Judgment:

1. The question in this case is whether the house of an agriculturist, which has been found to be appurtenant to his agricultural holding, is liable to sale in execution of a decree obtained upon a mortgage of the house made by the agriculturist. The appellant relies on the decision of the Full Bench in Bhola Nath v. Musammat Kishori 11 Ind. Cas. 646 ; 34 A. 25 ; 8 A.L.J. 1045. In that case the view seems to have been taken that the house of an agriculturist which was mortgaged by him was liable to sale in execution of a decree, provided that it did not appertain to his agricultural holding. As in this case it has been found that the house appertains to the agricultural holding of the respondents, it is not liable to sale having regard to the provisions of Section 60 of the Code of Civil Procedure. We dismiss the appeal with costs.


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