MOHD ABDULLAH DAR Vs. MOHD AKBAR

JUDGEMENT

(1.) THIS is a revision petition against the order of Sub -Judge Baramulla dated 18 -8 -1973 over ruling the objection of the defendant petitioner that he was an agriculturist within the meaning of section 2 (1) of the Agriculturists Relief Act.

(2.) I have heard the learned counsel for the parties. The plea taken by the defendant petitioner in the Court below was that his principal source of income is from agriculture and that he ordinarily engages personally in agricultural pursuits. The defendant did not examine any witness. He only put himself in the witness box and produced an uncertified copy of record of rights.

(3.) ON the other hand the plaintiff examined a number of witnesses. One of them namely Diraj Singh deposed that the defendant carried on fruit business with him and that the defendant derived an income of Rs. 50,000 to Rs. 60,000 from this source. Again, according to Ghulam Mohiuddin P. W. a clerk in the office of Divisional Engineer, Baramulla the defendant is also a contractor and has subsisting contracts with the department.