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1976 DIGILAW 161 (KER)

NADESAN PILLAI v. THANKAVELU PILLAI

1976-07-28

G.BALAGANGADHARAN NAIR

body1976
Judgment :- 1. The short question in this revision is whether the defendant-petitioner who is a tailor by profession is an "artisan" within S.2 (2) of the Debtors (Temporary Relief) Act, Act 30 of 1975 who can claim stay of the suit, under S.3, there being no dispute that the suit is for "a debt" and that as he is not otherwise disentitled, he would be a "debtor" as defined in the Act, if he answers the definition of "artisan" "artisan" being one of the class of debtors to whom the Act applies. The court below rejected the claim for stay holding that a tailor is not an artisan within the Act. The definition of the term 'artisan' includes "a person who normally earns his livelihood by practising craft either by his own labour or by the labour of the members of his family". The point in dispute is whether the petitioner falls within this inclusive part of the definition, the earlier part having admittedly no application to him. That the petitioner normally earns his livelihood through his professional labour as a tailor was not the subject of controversy. What requires consideration therefore is whether when he thus earns his livelihood he is practising a craft. 3. The word'craft' is not defined in the Act. It is however given the following meanings in the Standard Dictionaries: Shorter Oxford Dictionary: A calling requiring special skill and knowledge; esp. a manual art. The Dictionary illustrates the use of the word by quoting Johnson, "The crafts of the shoemaker, tinman, plumber and potter." Webster's Third New International Dictionary: "An occupation, trade, or pursuit requiring manual dexterity or the application of artistic skill." Corpus Juris Secundum: "Manual occupation; some mechanic art in which the person practicing may acquire and exhibit dexterity and skill; the occupation or employment itself, a trade". I might also refer to the meanings given to the word "artisan' in these works. Shorter Oxford Dictionary: "One occupied in any industrial art; a mechanic, handicraftsman, artificer." Webster's Third New International Dictionary: "One trained to manual dexterity or skill in a trade." Corpus Juris Secundum: "'A term that signifies one skilled in some kind of mechanical craft; one trained for manual dexterity in some mechanic art or trade; a handicraftsman; a mechanic; one who is employed in an industrial or mechanic art or trade; a skilled mechanic. The term has been held to include architects, carpenters, painters, floor finishers." Passing to judicial decisions, Maniklal Upadhya v. Ramesh Chandra Acharya AIR. 1955 Calcutta 290, and C. C. Sramik Union v. Manager, M. T. Estate AIR. 1960 Assam 123, cited by counsel for the respondent have no application, for the Calcutta case only decided that a motor driver is not an "artisan" as he only does something and makes nothing and therefore bis claim for arrears of salary fell within Art.102 and not Art.7, Limitation Act (1908), and the Assam decision which was concerned with a'carpenter' merely held that he is an artisan within the Minimum Wages Act. In Vithoba v. Babulal, AIR. 1923 Nagpur 289, the Court held that a sewing machine of a tailor is the "tool of an artisan" within S.60(1), proviso (b), CPC., which exempts "tools of artisans" from attachment and observed that "A complicated room or a sewing machine is certainly an instrument used by a craftsman or labourer at his work". The Allahabad High Court in Ahmad Sayeed v. Kanizak Zohra, AIR. 1941 Allahabad 157, had to consider an identical question and following AIR. 1923 Nagpur 289 observed that "There can be no doubt that a tailor who uses a sewing machine is an artisan and that the sewing machine is an artisan's tool." 4. The two cases cited by the respondent are of no help but on the last two cases cited by the petitioner and the dictionary meanings noticed above I am clear that the petitioner is an artisan who is practising a craft. AIR. 1923 Nagpur 289 and AIR. 1941 Allahabad 157 are definite that a tailor is an artisan, and the former decision even describes him as a craftsman. Johnson's description that the work of a shoemaker, tinman, plumber and potter is a craft certainly justifies application of the word "craft"' to a tailor. It is a calling requiring special manual dexterity and artistic skill; it might even be a mechanical art requiring dexterity and skill - and these the tailor must possess. The petitioner is an artisan within the definition of the term "artisan" and the suit requires to be stayed. 5. I reverse the order of the learned Munsiff and stay O. S.207 of 1974 under S.3 of Act 30 of 1975. Parties will bear their costs in the revision. Allowed.