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, Kerala, Madras and Pondicherry.- (1) In sub-rule (1) after “yet been stored” add: “Unless the Court decides to proceed under the provisions of sub-rule (2), hereunder.” (ii) In sub-rule (2) after the words “being stored” insert “or can be sold to greater advantage in an unripe stage” and after the words “and gathered” insert “or in such unripe state”. (9.6.1959). Assam, Nagaland, Calcutta and Andaman and Nicobar Island.- Insert “or can be sold to greater advantage in an unripe state (e.g. as green wheat)” after “stored” and cancel the word “and” between “tending” and “cutting”. Bombay, Dadra and Nagar Haveli.- For the existing sub-rule (2), substitute the following:— “(2) Where the crop from its nature does not admit of being stored, or where it appears to the Court that the crop shall be sold to greater advantage in an unripe state, 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.”. (1.10.1983) See also Goa Gaz. 12.10.1987 Ext. No.28 p. 386 (1.4.1987). Delhi, Himachal Pradesh and Punjab.- In sub-rule (2) after the word “stored” insert “or can be sold to greater advantage in an unripe state”. Karnataka.- Delete Rule 75 and substitute the following: “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). Madhya Pradesh.- In sub-rule (2) after the words “being stored” insert the words “or, where it appears to 3 the Court that the crop can be sold to greater advantage in an unripe state.”(16.9.1960). Orissa.- Deleted (14.5.1984). Patna.- Substitute for Rule 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 he 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 being reaped before the sale.” (7.1.1936).
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