HASTIMAL KOTHARI Vs. JASWANT SINGH CHHAJED & OTHERS

JUDGEMENT

(1.) A challenge has been made to the judgment dated 17-8-2012 in Revision Petition No.3/2009 passed by Additional District Judge No.1 Ajmer quashing and setting aside the order dated 15-3-2008 passed by Additional Civil Judge (Senior Division) Beawar.

(2.) The facts of the case are that petitioner-applicant (hereinafter 'the applicant') took proceedings under Section 6 of the Rajasthan Relief of Agricultural indebtedness Act, 1957 (hereinafter 'the Act of 1957') before the Debt Relief Court claiming that he was an agriculturist/ debtor within the meaning of the Act of 1957, ordinarily resident of village Hanumatia Tehsil Beawar District Ajmer. It was claimed that the applicant was earning his livelihood from agriculture. Jamabandi as also a certificate issued by Patwari stating the applicant to be an agriculturist was filed. The application disclosed all outstanding amount against the applicant and details of immovable property were also set out. It was prayed that applicant's debt be determined in accordance with the Act of 1957.

(3.) On receipt of summons to the application reply of denial was filed by the respondent-non-applicant (hereinafter 'the non applicant'). It was denied that the applicant was an agriculturist. It was submitted that jamabandi was in the name of applicant's father, and subsequent to his death even mutation has not been opened in favour of the applicant. It was stated that in a suit filed by the applicant, before the Additional District Judge the applicant had not stated that he was an agriculturist. It was submitted that applicant's livelihood was not wholly or fundamentally from agriculture and in fact he was engaged in business. It was prayed that the application be dismissed.