AIR 1992 SUPREME COURT 503 ::1992 AIR SCW 86 ::(1992) 1 MahLR 674 ::1992 (1) UJ (SC) 328 ::1992 (1) SCC 497 ::1992 Bom LR 94 152 ::1992 (1) BankCas 231 ::1991 (4) Bom CR 683 ::1992 (1) GujLH 135 ::1992 ( ) Mah LJ 365 ::1993 (1) BankLJ 380 ::(1991) 5 JT 398 (SC) ::1991 (5) JT 398

Supreme Court Of India

Hon'ble Judge(s): M. M. Punchhi, G. N. Ray , JJ

Bombay Tenancy and Agricultural Lands Act (67 of 1948) , S.2(2), S.63— Agriculturist - Firm can be agriculturist - Cultivation of land by partners - Constitutes personal cultivation by firm. Civil P.C. (5 of 1908) , S.47— S.A. No. 625 of 1975, D/-12-1-1979 (Bom), Reversed. It could not be said that a partnership-firm being an inanimate person could not cultivate land personally and cannot therefore be an agriculturist or non-agriculturist. A firm is a name given compendiously to a group of people who comprise its partners, and those people have naturally to be live persons. When we talk of a firm cultivating land we mean to convey that it is the partners of the firm who cultivate the land and in that sense the firm cultivates it personally. The firm may be inanimate but the partners comprising thereof are people in flesh and blood. Whether the firm is agriculturist or non-agriculturist would depend upon the activities of its partners. S.A. No. 625 of 1975, D/-12-1-1979 (Bom), Reversed.(Para 4) Where a firm purchased, in an auction sale held in execution of money decree, some agricultural lands of the judgment-debtor and the partners of the firm who were members of a joint family were found to be agriculturist holding agricultural land beyond the ceiling limits, the auction sale in their favour was ....