(a) Agriculturist:
Explanation V to S. 60, C.P.C. lays down that for the purposes of the proviso to S. 60 exempting particulars of property from attachment and sale, the expression “agriculturist” means a person who cultivates land personally and who depends for his livelihood mainly on the income from agricultural land whether as owner, tenant, partner or agricultural laborer.
Explanation VI says that for the purpose of Explanation V an agriculturist shall be deemed to cultivate land personally if he cultivates land—(a) by his own labour, or (b) by the labour of any member of his family, or (c) by servants or laborers on wages payable in cash or in kind (not being as a share of the produce), or both.
i.ytimg.com
ADVERTISEMENTS:
(b) House and buildings of an agriculturist:
Under Section 60 (c) of the Code of Civil Procedure houses and other buildings (with the material and the sites thereof and the land immediately appurtenant thereto and necessary for their enjoyment) belonging to an agriculturist or laborer or a domestic servant and occupied by him are not liable to attachment and sale in execution of a decree.
(c) Receipt of pension by an agriculturist:
ADVERTISEMENTS:
It has been held by the Allahabad High Court on similar facts that the receipt of pension by a retired soldier or policeman would not affect his status as an agriculturist and he would be entitled to the protection given by Section 60 (c), C.P.C., which prohibits the attachment or sale of a house and other buildings belonging to an agriculturist and occupied by him.
It was observed that there was no reason to limit the scope of the protection given by Section 60 (c), to those whose main source of income was derived from the cultivation of land.
The intention of the Legislature obviously was to preserve and promote the efficient cultivation of the land, that is to say, to encourage agriculture which was the main industry of this country.
If that be the underlying policy of Section 60 (c), there was no reason to deprive a person of the benefit and protection of this section, if he fulfilled the test of a person engaged in agriculture and also had other sources of income such as pension or profit from investment.