Laxman Mhasu v. Narhari Dadasa Gujar

1. The question on this second appeal is whether certain articles, which are described as Charak, an iron pot, used for the purpose of manufacturing gul from the sugar cane juice, and certain wooden planks required for the purpose, are implements of husbandry within the meaning of section 60, clause (b) of the cpc. The trial Court held that they were implements of husbandry, and it was prepared to hold if necessary, that they were tools of an artisan within the meaning of S. 60 clause (b).

2. In appeal, however, the learned First Class Subordinate Judge, with appellate powers, came to the conclusion that they were not implements of husbandry within the meaning of the section, and that they could not be treated as tools of an artizan, and accordingly he set aside the order made by the trial Court on this point.

3. After hearing the arguments we have come to the conclusion that these articles are within the scope of the expression “implements of husbandry” as used in the said clause.

4. The defendants who are appellants before us, are admittedly agriculturists and have reared sugar-cane crop on their field; and on that field, they have used articles, one Charak, a Kadhai and planks of timber for the purpose of extracting sugar juice, from the sugar-cane and of turning it into jaggery. It is not necessary for the purpose of this case and it is not easy to define the exact scope of the expression “implements of husbandry” used with reference to an agriculturist. But having regard to the nature of the articles in this case, and the use made thereof on the field by the agriculturist, we think that it would be giving effect to the intention of the legislature, to hold that they are implements of husbandry within the meaning of section 60, clause (b) of the cpc. We therefore modify the decree of the lower appellate Court by restoring the order of the trial Court with reference to that point. The appellants are to get their costs of this appeal from the plaintiff-respondent.

5. Appeal allowed.