LAWS(J&K)-1969-11-6

GH MOHD Vs. AB AZIZ

Decided On November 14, 1969
Gh Mohd Appellant
V/S
Ab Aziz Respondents

JUDGEMENT

(1.) THIS is an application to revise an order dated 10th May 1969 passed by the Munsiff Doda (in a suit for recovery of Rs. 500/. alleged to have been extorted by the defendants from the plaintiffs) holding that the suit was governed by the provisions of the Agriculturists Relief Act, 1983, hereinafter referred as to the Act and directed the plaintiffs to make the necessary amendment in the plaint. The learned Munsiff seems to have treated the suit as one falling under the last clause of Section 3 (b) of the Act.

(2.) MR . Kotwal appearing for the petitioners has urged that the order of the learned Munsiff is based on a total misconception of law and the suit has to be tried under the ordinary law and not under the Act.

(3.) MR . I. D. Grover, learned counsel for the respondents has however half -heartedly contended that the provisions of the Act apply to the present suit by virtue of the last clause of Section 3 (b) of the Act.