Skip to content


Peyyety Gopalam Garu Vs. Adusumilly Gopalakrishnayya Garu - Court Judgment

LegalCrystal Citation
CourtChennai
Decided On
Judge
Reported in92Ind.Cas.416
AppellantPeyyety Gopalam Garu
RespondentAdusumilly Gopalakrishnayya Garu
Excerpt:
civil procedure code (act v of 1908), section 60 - 'agriculturist', who is--exemption of house from sale. - 1. neither the district judge nor the official receiver has directed his attention to the real issue, in this matter, viz., whether the insolvent's chief means of livelihood is agriculture. it is not enough that he be an agriculturist, or that he be a trader. the point is, which profession forms his chief means of livelihood.2. we set aside the district judge's order and direct him to pass a fresh order in the light of the above remarks. fresh evidence may be given. costs up to date will abide the result.
Judgment:

1. Neither the District Judge nor the Official Receiver has directed his attention to the real issue, in this matter, viz., whether the insolvent's chief means of livelihood is agriculture. It is not enough that he be an agriculturist, or that he be a trader. The point is, which profession forms his chief means of livelihood.

2. We set aside the District Judge's order and direct him to pass a fresh order in the light of the above remarks. Fresh evidence may be given. Costs up to date will abide the result.


Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //