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1965 Supreme(Raj) 5

KAN SINGH, D.S.DAVE
RAO BAHADUR MOOLCHAND NEMICHAND – Appellant
Versus
DISTRICT JUDGE – Respondent


Advocates Appeared:
M.C.Bhandari, M.M.VYAS, S.D.Kalla

Judgment


KAN SINGH, J.

( 1 ) THIS is a writ petition under Article 226 of the Constitution by R. B. Moolchand nemichand, a creditor of respondent No. 2. Shri Sohan Chand, and is directed against the decision of the Debt Relief Court (Civil Judge) Chittorgarh dated 28-101963, whereby the Debt Relief Court held in a proceeding under Section 6 of the rajasthan Relief of Agricultural Indebtedness Act, 1957, hereinafter to be called the "act", that Shri Sohan Chand was an agriculturist within the meaning of section 2 (a) of the Act. The creditor first went up in revision to the Court of the district Judge, Partabgarh, but the latter dismissed the revision by his order dated 9-4-64, holding that the Debt Relief Court was correct in coming to the conclusion that Shri Sohan Chand was an agriculturist. Consequently the petitioner is questioning the correctness of the decision of the learned District Judge as well.

( 2 ) RESPONDENT No. 2 Shri Sohan Chand approached the Debt Relief Court with the allegation that he was an agriculturist within the meaning of the Act, and that he was indebted to the tune of about Rs, 20,000/ -. Respondent No. 2, specified R. B. Moolchand Nemichand and the Stat
























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