Law: West Pakistan Relief of Indebtedness Ordinance (XV of1960)

Section: 2(c),7

Law: Civil Procedure Code (V of 1908)

Section: 60,60(1),60(b),60(c)

Law: Punjab Alienation of Land Act (XIII of 1900)

Section: 2(3),16

  West Pakistan Relief of Indebtedness Ordinance (XV of1960), Ss. 2(c) & 7-No evidence to prove that judgment-debtor, earned livelihood "mainly by agriculture"-Mere fact of being landowner in estate-Not sufficient to hold him to be a "debtor" House belonging to such judgment-debtor not exempt from attach ment and sale under S. 7-Civil Procedure Code (V of 1908), S. 60.   Civil Procedure Code (V of 1908), S. 60 (1), (b), (c) -"Agriculturist"-Term used in restricted sense and carries same meaning in both clauses (b) & (c)-Does not include person said to be agriculturist merely by reason of caste-Person to fall within meaning of term to be agriculturist by profession and solely dependent on agriculture for his livelihood.   Sant Ram v. Buta Khan A I R 1938 Lah. 72; Balwant Singh v. Anjaman Imdad Bahami Qarza and another A I R 1939 Lah. 40; Nihal Singh v. Sir! Ram and others A I R 1939 Lah. 388 and Shrimant Appasabeb Tuliaram Desai and others v. Bhalchandra Yithalrao Thube A I R 1961 S C 589 ref.   Punjab Alienation of Land Act (X111 of 1900), Ss. 2(3) & 16-'Land" not shown to have been "let or occupied for agri cultural purpose or purposes subservient to agriculture" Protec tion of S. 16 not available against sale of such land-Civil Procedure Code (V of 1908), S. 60.   Date of hearing: 24th January 1964.   JUDGMENT   This is an Execution Second Appeal by Asghar $amid, judgment-debtor. Mst. Naseem Akhtar got a simple decree for the recovery of Rs. 10,733-8-0 against Asghar Hamid and during the course of its execution certain houses and landed property belonging to the judgment-debtor were attached. Thereafter, on the 9th of June 1960, the judgment-debtor filed his objections under section 60 of the Code of Civil Procedure against the attachment of House No. M-46, Murree Road, Rawalpindi, and the land.. In his application the judgment-debtor alleged that he is agriculturist by profession and a Zamindar and is dependent on agriculture for his livelihood. As regards House No. M-46 situated on Murree Road, Rawalpindi, the case of the appellant is that it is his residential…