SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2003 Supreme(Raj) 563

P.C.TATIA
Ratan Lal – Appellant
Versus
S. B. B. J. – Respondent


Advocates Appeared:
Manish Shishodia, for Petitioners O.P. Punglia, for Respondents

Honble TATIA, J.–Heard learned counsel for the parties.

(2). Perused the impugned order dated 4.03.1995 against which the petitioner preferred this revision petition.

(3). The brief facts of the case are that the plaintiff- respondent No. 1 Bank obtained a decree for Rs. 72,079/- on 16th Dec., 1978. The execution petition was filed for recovery of the said amount by sale of the mortgaged property by the decree holder non-petitioner No. 1. In the execution petition, the judgment-debtor submitted an application raising objection that since, the property mortgaged is an agriculture land, therefore, it cannot be put to auction and there is bar against the attachment and sale of the agriculture land.

(4). The Executing Court observed that there is no provision in the CPC, which puts bar against attachment and sale of agriculture land. Special provisions for sale of agriculture produce has been given in Order 21 Rules 74 & 75 CPC. It is also held that after coming into force of the Rajasthan Agricultural Credit Operations (Removal of Difficulties) Act, 1974 (for short `the Act of 1974) whereby all restrictions, if it were there against the attachment and sale by procedure of Court in the ma







Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top