AZIZ DAR Vs. GH HASSAN WANI

JUDGEMENT

(1.) THIS Letters Patent appeal arises out of a suit for specific performance of a contract and payment of Rs. 2,000/ - as damages based on an agreement dated 28 -5 -66 registered on 23 -9 -1966. The defendant had executed an agreement dated 28 -5 -1966 in favour of the plaintiff agreeing thereby to sell 14 kanals 15 marlas of land situate in various survey members in village Wangipora tehsil Sonawari for a consideration of Rs. 20,000/ - which was received in full by the defendant. In case of failure of the defendant to execute the sale deed as stipulated in the agreement, the plaintiff had the option to bring a suit for specific performance against the defendant and in addition the defendant had agreed to pay Rs. 15,000/ - as damages for non -performance of the contract. A plea was taken by the defendant that he was an Agriculturist and therefore the suit would be triable under the provisions of the Agriculturist Relief Act. This point was the subject matter of issue No. 4 before the learned single judge, which ran as under: - "Is the defendant an agriculturist and the suit for damages is triable under the provisions of the Agriculturist Relief Act and therefore the suit has been brought in a wrong forum? O. P. D." The learned Judge held that the suit was not triable under the provisions of the Agriculturist Relief Act (hereinafter referred to as the Act in this judgment) because in his opinion the Act was enacted to give relief to indebted agriculturists and further he held that it was not a debt but a contingent debt or a contingent claim the enforcement for money of which does not necessarily bring the suit within the four corners of section 3 of the Act.

(2.) THE present appeal has been directed against this finding of the learned Judge.

(3.) WE have heard Mr. Raina, the learned counsel for the appellant as well as Mr. Nahvi, the learned counsel for the respondent.