Kirtarath Gir vs Raghunandan Ram and Others

This is a judgment debtor''s appeal. The decree-holder has sought to attach and sell certain trees standing on land. The land is part and parcel of a certain zemindari of which the judgment debtor is a permanent lessee. Objection was taken that the property could not be attached and sold in view of the terms of Section 20 of the Tenancy Act, which lays down that the interests of a thekadar are not transferable. The Count below has rejected the objection. It is pointed out that the decree-holder only seeks to attach and sell the timber of the trees which belong to the judgment-debtor.

In our opinion the decision of the Court below is quite correct. In attaching and selling these trees it cannot be said that the interest of a lessee is being transferred or attached. It must be clearly understood, however, that no right in the land is being attached and sold and that the auction-purchaser, whosoever he may be, will have only the tight to out and remove the trees within a reasonable period. He will have no right to maintain the trees upon the land as they now stand. We, therefore, dismiss the appeal with costs.