G GOURAMMA Vs. LATTIPALLY YADGIR REDDY

JUDGEMENT

(1.) The question that arises for determination in this Civil Revision Petition is one under section 19 of the Hyderabad Agricultural Debtors Relief Act, XVI of 1956 (hereinafter referred to as the Act) The petitioner in this Civil Revision Petition is the plaintiff in O.S. No.176 of 1962 on the file of the Court of the Second Assistant Judge, City Civil Court, Hyderabad. She filed a suit to recover a sum of Rs. 3,025 from the defendant which is alleged to be due on a promissory note executed by the defendant in plaintiff's favour in the year 1959 for Rs. 3,000. In the written statement, among others, the defendant pleaded that he is an agriculturist within the meaning of the Act and that his residence is within the local jurisdiction of the Munsif's Court, Shadnagar, and that, therefore, the Court of the Second Assistant Judge, City Civil Court, Hyderabad, has no jurisdiction to try the suit. The second issue framed by the lower Court is as follows : " Whether the defendant is an agriculturist and the suit debt is a debt under Hyderabad Agricul" turist Debtors Relief Act, if so, what is its effect ?"

(2.) On this issue, the lower Court observed that prima facie the defendant is an agriculturist. While considering this issue, the lower Court pointed out that the two following questions arise for determination :- "(1) Whether the defendant is an agriculturist or debtor ; and (2) Whether the total amount of the debt due from him exceeds Rs. 15,000. " Therefore, under section 19 of the Act, the case has to be transferred to the file of the Court prescribed under sub-section (4) of section 2 of the Act, which is the Munsif's Court at Shadnagar. In that view, he passed an order transferring the suit to the file of that Court. This Civil Revision Petition is filed by the plaintiff questioning the legality of the said order.

(3.) Section 4 of the Act provided that any debtor ordinarily residing in any area within the territories to which this Act extends, or his creditor may, within such time as may be prescribed by the Government in this behalf make an application to the Court for the adjustment of his debts. It is stated by the Counsel appearing for the petitioner and the respondent before me that as per the rules framed under the Act, the last date before which an application for adjustment of the debts of an agriculturist or debtor could be made, is 4th of February, 1960. The date of the suit promissory note is 30th of September, 1959. The suit was filed on 30th of August, 1962 i.e., after the date notified under section 4 of the Act. Thercfore, it is contended by the learned Counsel for the petitioner that the Court below has no jurisdiction to transfer the suit to the file of the Court of the Munsif at Shadnagar, which would be the Court prescribed under the Act. The argument is that only suits filed before the notified date could be transferred to the Special Court prescribed under section 2 (4) of the Act. Section 19, clause (1) of the Act provided :