RAJBIR SINGH Vs. TEJ PAL

JUDGEMENT

(1.) SHRI Rajbir Singh and Ishwar Chand alias Ishwar Singh, have filed the present Revision and it has been directed against the order dated 6.3.2000 passed by the Court of Additional Civil Judge (Sr. Division), Kurukshetra, who dismissed the objections of the petitioners by holding that the petitioners-objectors are not the agriculturists nor there is any evidence on the record to prove that they are agriculturists or that they are covered under the provision of Section 2(h) of the Haryana Relief of Agricultural Indebtedness Act, 1989 (hereinafter called "the Act").

(2.) SOME facts can be noticed in the following manner. Shri Tej Pal son of Karta Ram, filed a money suit for a sum of Rs. 28,750/- against the defendants alleging that the father of the defendants Lala Ram borrowed a sum of Rs. 23,000/- in cash from the plaintiffs to repay instalment of the tractor belonging to him and he also executed a pronote and receipt in favour of the plaintiff. The money was not paid. Hence the suit.

(3.) AFTER passing of the money decree, the plaintiff filed the execution petition. In the execution, objection was taken by the judgment-debtors that they are agriculturists and their main occupation is agriculture and in view of Section 17 of the Haryana Relief of Agricultural Indebtedness Act, the execution is not maintainable against the J.Ds. Moreover, the decree-holder has no locus-standi to file the present execution and that he has no cause of action. The learned Executing Court for the reasons given in the impugned order dated 6.3.2000 and specially in para Nos. 5 to 10 and 11 of the order dismissed the objections and in this manner the present revision has been filed.