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PETITIONER: SHRIMANT APPASAHEB TULJARAM DESAIAND OTHERS
Vs.
RESPONDENT: BHALCHANDRA VITHALRAO THUBE
DATE OF JUDGMENT: 28/10/1960
BENCH: IMAM, SYED JAFFER BENCH: IMAM, SYED JAFFER SARKAR, A.K. DAYAL, RAGHUBAR
CITATION: 1961 AIR 589 1961 SCR (2) 163
ACT: Watan Property--Building on watan land-- constructions subsequent to creation of watan-Building, whether watan property--Building belonging to an agriculturist-Liability for attachment and sale-" Agriculturist "meaning of Bombay Hereditary Offices Act, 1874 (Bom 3 of 1874), s. 4 Code of Civil Procedure, 1908 (Act 5 of 1908), s. 60(1), proviso (b) (c).
HEADNOTE: In respect of a decree passed against T, who was the owner of certain watan properties, a building standing on watan land comprised in the said properties, was sought to be attached and sold in execution of the decree. The appellant, who was the legal representative of T, claimed that the building:was not liable for attachment and sale because (1) the building, being part of watan property within the meaning of s. 4 of the Bombay Hereditary Offices Act, 1874, was not saleable property under sub-s. (1) of s. 60 of the Code of Civil Procedure, 1908, and (2) in any case, he was an agriculturist and the building belonging to and occupied by him was protected from attachment and sale by cl. (c) of the proviso to sub-s. (i) of s. 6...