Panchaiti Akhara Bara Udasi Nanak Sahi Kydganj vs Naziruddin and another

Pullan, J.—The only question to decide in this appeal is whether a grove belonging to the judgment-debtors can or cannot be sold in execution of a decree. The judgment-debtors are ex-proprietary tenants and the grove is situated on their ex-proprietary tenancy. Under the Agra Tenancy Act, 1926, the interest of a grove holder can be transferred in execution of a decree of a civil or Revenue Court, and "a grove holder" is defined in S. 196 of the Act. The various classes of grove holders mentioned in that section include one who has planted a grove on land held by him as a tenant, and it was for the judgment-debtors to show that this grove planted by them on their tenancy land is a grove which for some reason is exempt from the provisions of S. 197 of the Act. The Courts below appear to have overlooked the new Act and decided the case on the basis of a decision of this Court reported in Mt Hafian v. Chhokko Lal [1927] Rev. Cases 123. We find that that case refers to the Agra Tenancy Act 2 of 1901 and is no authority for the rights of a grove holder under the new Act. In our opinion this grove can be sold in execution of a decree. We therefore allow this appeal with costs, set aside the decrees of the Courts below and dismiss the objection with costs.