L CHUNI LAL Vs. L SOHAN LAL SHAH

JUDGEMENT

(1.) THIS is an application in revision against an order of Subordinate Judge, Bhaderwah, dated 30 -12 -1957 by which he has held defendant No. 3 to be an agriculturist within the meaning of S. 2 of the Agriculturists Relief Act.

(2.) THE plaintiff filed a suit for rendition of accounts against the defendants and defendant No. 3 in the suit took a plea that he was an agriculturist and the suit should, therefore, be tried in accordance with the provisions of the Agriculturists Relief Act. Thereupon the Court below framed an issue on the question as to whether defendant No. 3 was an agriculturist and having come to a finding that defendant No. 3 was an agriculturist registered the suit as one under the Agriculturists Relief Act.

(3.) MR . Bhalgotra learned counsel for the petitioner has submitted before us that on the finding of the learned Subordinate Judge and inferences drawn by him defendant No. 3 was wrongly held by him to be an agriculturist. In order to appreciate this contention of Mr. Bhalgotra it is necessary to set out the important findings of the learned Judge which have been relied upon by the learned counsel. The learned Judge after considering the evidence has come to the following conclusion: