JAISINGH Vs. GANPATBAPU

JUDGEMENT

(1.) This revision application a question regarding the maintainability of a proceeding under the Maharashtra (Vidarbha Region) Agricultural Debtors Relief Act, 1969. The original re- ion petitioner Raghunathsingh whose have been brought on record had no presented an application to the civil Judge, Senior Division, Nagpur for adjudication that the transfer dated 24-6-1950 was a mortgage and for ancillary rejected. The application was titled as an application under Section 3 read with Section 20 of the Maharashtra (Vidarbha Region) Agricultural Debtors Relief Ordinance 1969 which was subsequently turn into the a Act referred to above.

(2.) According to the petitioner, were was surrounding circumstances connected with the transaction, such as the accompanying agreements to recover the property which show that the transaction which purported to be out and out sale as in fact a mortgage.

(3.) This application was opposed by an non-applicant-creditor, inter alia, on the ground that the same was not maintainable under the Maharashtra (Vidarbha Region) Agricultural Debtors Relief Act, 1969, Mr. M.R Deshpande, the then Joint Civil Judge, Senior Division , Nagpur negatived objection and held that the petition was maintainable . The appeal preferred against that order was allowed to Mr. A.D. Tated, Second Extra Assistant Judge, who held that the applicant was not a debtor as defined by the Act.