JUDGMENT

Bajpai, J. - This is a reference by the Munsif of Tilhar through the District Judge of Shahjahanpur on two questions of law on which the Court below entertains a reasonable doubt and they have been sub-mitted to us for our opinion. The facts are that one Kalyan Singh held a simple money decree, No. 939 of 1929 of the Small Cause Court of Tilhar against Ajudhia Prasad. The first application for execution of the decree was made on 11th March 1932, and the application which has given rise to the present reference is an application for execution dated 19th March 1937, and execution is sought by attachment and sale of the agricultural produce of Ajudhia Prasad, the judgment-debtor. Presumably the decree has been kept alive. Ajudhia Prasad has objected, and his contention is that he is an agriculturist within the meaning of the U.P. Agriculturists' Relief Act, Local Act 27 of 1934, and u/s 6 no decree passed by a Civil Court against an agriculturist shall be executed by attachment or sale of agricultural produce after a period of four years calculated from the date of the filing of the first application for execution. As we said before, the first application for execution was mad