FIRM JANI KHUSHALJI JETHAJI Vs. MAHARAJ BHOPAL SINGH

JUDGEMENT

(1.) THIS is a writ application by a creditor under Arts. 226 and 227 of the Constitution of India,

(2.) THE facts giving rise to it are as follows : - THE non-petitioner No. 1 Maharaj Bhopal Singh was a jagirdar of a thikana called Khandu in the erstwhile state of Banswara. THE petitioner filed a suit against him for the recovery of a debt of Rs. 6,000/- in the court of the Senior Civil judge, Banswara. That court was also a Debt Relief Court under the Rajasthan Relief of Agricultural Indebtedness Act (No. 28 of 1957), which will be hereinafter referred to as the Act. "the non-petitioner No. 1, therefore, filed an application in that court under sec. 6 of the said Act. THE petitioner contested the said application on the ground that non-petitioner No. 1 was a wealthy person and an ex-jagirdar having large sources of income and, therefore, he did not come within the ambit of term 'agriculturist' as given in sec. 2 (b) of the Act. This objection did not find favour with the Debt Relief Court and so it was dismissed on 14th January, 1960. Aggrieved by this decision, the petitioner filed a revision petition in the court of the District Judge, Partabgarh, but he was not successful and hence he has approached this Court with the request that it should exercise its extra-ordinary jurisdiction under Art. 227 of the Constitution of India and set aside the impugned orders.