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Judgment
Madhavan Nair, J.—The only question in this appeal is whether the consideration promised for the grant of a right of prawn-fishing is within the exception (vi) to Section 2(c) of the Kerala Agriculturists'' Debt Relief Act, 1958. That exception is "any debt which represents the price of goods purchased for purpose of trade." The case here is not of a sale of prawns, but of a grant of the right to catch and carry away fish in a specified land over a specified period viz., from 5-5-1129 to 20-8-1129.
That amounts to a licence to enter on the land coupled with a grant to catch and carry away the fish, that is to say, it is a "profit a prendre". In England this is regarded as an interest in land because it is a right to take some profit of the soil for the use of the owner of the right. In India it is regarded as a benefit that arises out of the land and as such is immovable property. ( Ananda Behera and Another Vs. The State of Orissa and Another, ).
The consideration for the grant of such a right cannot be characterised as "price of goods sold". The contention fails.
No other question is raised here.
The appeal is without force and is dismissed. No costs.