MAHABIR PERSHAD BAJRANLAL Vs. AHMED HUSSAIN

JUDGEMENT

(1.) A firm called Mahabir Pershad Bajran Lal, through its two partners, filed S.C.S. No. 473/2/1959 in the court of the chief Judge, Small Causes at Hyderabad claiming that a certain sum was due to them from the sole defendant, Ahmed Hussain. The defendant appeared in Court and contended that he was an agriculturist and that, therefore, the suit had to be transferred under Section 19 of the Hyderabad Agricultural Debtor's Relief Act (Hyderabad Act XVI of 1956) to Shorapur in Mysore State which was his place of residence. Even in the plaint the residence of the defendant is shown as Shorapur. The learned Chief Judge accepted this contention and passed an order dated 15-6-1960 transferring the suit to the Court of the district Munsiff at Shorapur in Gulbarga District. The plaintiff-firm felt aggrieved with that order and filed this petition to revise it.

(2.) The sole contention raised before me by the learned Advocate for the petitioner, Shri C. Narsimhacharya, is that the transfer order under Section 19(1) is not tenable. Section 19(1) runs as follows:-

(3.) The word 'Court' has been defined in Section 2(4) of the Act as follows:-