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2000 Supreme(Raj) 589

N.P.GUPTA
Nanda Ram – Appellant
Versus
Punjab National Bank Bhilwara – Respondent


Advocates Appeared:
B.S. Jodha, for Petitioner Jagdish Vyas, for Non-Petitioner

Honble GUPTA, J.–The matter comes up for consideration of stay petition, however, with the consent of the learned counsel for the parties, the revision petition itself is heard finally.

(2). This revision petition is directed against the order of learned court below dated 10.11.99, whereby the learned court below has negatived the objection of the petitioner about executability of the decree. The contention of the learned counsel for the petitioner is that the petitioner had raised many other objections in his application dated 5.11.99 and the Court below has not dealt with any of the objections.

(3). The learned counsel has read to me the application dated 5.11.99. One of the objections canvassed before me as raised in the application is by virtue of Sec. 37 of the Rajasthan Tenancy Act, the Civil Court cannot proceed to seize, attach or sale the rights of the tenant in the holding and as such since the Court below is proceeding to sale the agriculture land, the proceedings are without jurisdiction. Suffice it to say that this contention is sufficiently taken care of by the provisions of Sec. 12 of the Rajasthan Agricultural Credit Operations (Removal of Difficulties) Act, 1974, whi




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