HAJI AHMAD BHAT Vs. SHABAN GANAI

JUDGEMENT

(1.) THIS revision petition raises an important question regarding the constitutional validity of S. 5 of the J&K Agriculturists Relief Act of 1933 (hereinafter referred to as the Act).

(2.) THE original appeal out of which the present proceedings have arisen was heard by a Division Bench consisting of Jaswant Singh and Gurtu J. J. and on the interpretation of the language employed in S. 5 of the Act they held that no appeal lay in suits tried under the Act which were dismissed or where the amount decreed in favour of the plaintiff did not exceed Rs. 3000/ - and the decree was passed by the Sub -Judge. As the petitioners suit had been dismissed by the Sub Judge, the learned J J Consequently held that the appeal was not maintainable. The appeal was, however, treated as a revision and the petitioner was allowed to file an amended memorandum of revision and was permitted to raise all such legal pleas as might be available to him. This amended revision was, therefore, presented in which the vires of S, 5 of the Act was challenged and we are now called upon to decide this point.

(3.) WE have heard the learned counsel for the parties and the learned Advocate General appearing on behalf of the State at length. It has streneously been contended on behalf of the petitioner that S. 5 of the Act is violative of Art. 14 of the Constitution of India in as much as the impugned section causes dismrimination between the same .group of persons who are similarly circumstanced. On the one hand S. 5 (1) (4) of the Act gives right of appeal to the defendant if the suit is decreed against him, but gives no such right to the plaintiff whose suit is dismissed. This discrimination, it is submitted is arbitrary and unreasonable and violates the guarantee of equal protection of laws embodied in Article 14 of the Constitution of India.