AITA PEDDA PULLAIAH SHETTI Vs. MOINUDDIN AHMED

JUDGEMENT

(1.) This Revision Petition is directed against an Order of the Munsif- Magistrate, Alampur, given on 27th January, 1960 directing the transfer of O.S. No. 35 of 1959 to the Sub-Court, Mahbubnagar.

(2.) The material facts necessary for the disposal of this Revision Petition are that the petitioner who is the plaintiff filed a suit on 27th January, 1959 before the Munsif Magistrate, Alampur, on the basis of a promissory note dated 21st August, 1956 for Rs. 4,798-2-2. The respondent filed an application on 20th April, 1959 under section 19 of the Hyderabad Agricultural Debtors Relief Act (XVI of 1956), hereinafter referred to as the Act, alleging that he is a debtor and that the total amount of debts due from him is nearly Rs.15,000. He, therefore, requested the Court to transfer the suit under section 19(1) of the Act to the Sub-Court, Mahbubnagar.

(3.) The trial Court, after hearing the parties, through an order dated 24th April, 1959 dismissed the application filed by the respondent herein. The respondent, therefore, came before this Court in a revision (C.R.P. No. 872 of 1959)Reported in (1960) 1 AnW.R. 131. This Revision Petition was allowed by Mohammed Ahmed Ansari, J., as he then was, on 22nd October, 1959, Reported in (1960) 1 AnW.R. 131. and the case was remanded with a direction that the Munsif should satisfy himself with the two conditions mentioned in section 19 (1) of the Act. In pursuance of this order of the High Court, the learned Munsif-Magistrate passed an order on 27th January, 1960 directing the transfer of the suit to the Subordinate Judge's Court, Mahbubnagar under section 19 of the Act. This Revision Petition is directed against the said order.