- (1.) THIS is a decree-holder's Execution Second Appeal against an appellate order of the Senior Civil Judge, Jalore holding that a house belonging to Prabha judgment-debtor is exempt from attachment and sale under Section 60 (1) (c), C. P. C.
(2.) AS to who is an agriculturist under Section 60 (1) (c) was laid down by their lordships of the Supreme Court in Appasaheb v. Bhalchandra, AIR 1961 SC 589. It was held that: "the word 'agriculturist' in this clause must carry the same meaning as the word 'agriculturist' in Clause (b) and the house must be occupied by him as such. Even if it is not necessary that a person must till the land with his own hands to come within the meaning of the word agriculturist he must at least show that he was really dependent for his living on tilling the soil and was unable to maintain himself otherwise. Where a person is an agriculturist in the widest sense of the term, he is not an agriculturist within the meaning of the clauses, if he is not really dependent for his maintenance on tilling the soil and is able to maintain himself otherwise".
(3.) THE attention of the lower courts was not drawn to this decision. They have followed Smt. Chandrawati Tewari v. U. P. Government, AIR 1961 All 183; Shiamlal v. Smt. Sahodra Devi, AIR 1960 All 429 and Gowardhandas Surajmal Marwadi v. Mohanlal Surajmal, AIR 1938 Nag 366. The decision in Shiamlal's case, AIR 1960 all 429 was overruled by the Full Bench in Chandrawati's case, AIR 1961 All 183. The law laid down in the Full Bench case also is not quite the same as that laid down by their Lordships of the Supreme Court.;