RAMCHANDRA Vs. LADU LAL

JUDGEMENT

(1.) THIS petition for writ is preferred to challenge order dated 7.1.2011 passed by the Civil Judge (S.D.) cum Agriculture indebtedness Court, Kapasan, District Chittorgarh. The trial court by the order impugned decided the objection raised by the applicant pertaining to issue no. 1 i.e. 'whether the defendant is an agriculturist or not?' After examining the material available on record, learned trial court arrived at the conclusion that the petitioner's main source of income is agriculture, therefore, as per Section 3 of the Rajasthan Relief of Agricultural indebtedness Act, 1957 he is an agriculturist. While challenging the finding aforesaid, it is submitted by learned counsel for the petitioner that as a matter of fact, the applicant is a contractor and is mainly involved in that profession with the aid of a tractor, hence, he cannot be treated as an agriculturist. To substantiate the contention, he has placed reliance upon the documents (Annex. 1, 2, 3 and 4). Annex. 1 is a certificate issued by the Sarpanch, Gram Panchayat Balarda, Panchayat Samiti Kapasan, District Chittorgarh certifying that the petitioner is having a tractor and with the aid of that he supports his family and he earn his livelihood by this mode. Annex. 2 is an experience certificate issued by Pradeep Upadhyaya Thekadar, and according to that livelihood of the petitioner was resting upon the tractor available with him. Annex. 3 is a cheque, that is said to be paid to the petitioner by the President, Vidhyalaya Vikas Avm Prabhandan Samiti, Kachhiyar Khedi, however, this cheque nowhere discloses the reason for the amount said to be paid to the petitioner. Annex. 4 is the cash memo dated 22.10.2009 said to be issued by the petitioner himself for carrying 242 Trip Gravel for construction of Kachya Khedi to Khati Khedi gravel road.

(2.) I have considered the documents aforesaid and also the order impugned.

(3.) THE learned trial court had also taken into consideration availability of agricultural land with the petitioner and further has admitted agriculture operations over it.