Chotu Ram vs Kunan Mal

Govind Mathur

This petition for writ is preferred to question correctness, validity and propriety of the judgment dated 05.2.2009 passed by the learned Additional District Judge, Bhadra affirming the judgment dated 29.8.2007 and decree dated 10.9.2007 passed by the Debt Relief Court (Civil Judge) (Senior Division), Bhadra.

The factual matrix necessary to be noticed is that the respondent Kunan Mal preferred an application before the Debt Relief Court in accordance with provisions of the relief to Agricultural Indebtedness Act, 1957. The Debt Relief Court under its order dated 19.8.2007 accepted the application and held that the present petitioner is liable for payment of the amount advanced in tune of Rs. 37,350/- with interest @ 6% per annum.

The revision petition preferred by the petitioner to challenge the order aforesaid also came to be rejected under order dated 05.2.2009. As per the averments contained in the petition for writ, submission of learned counsel for the petitioner is that the courts below failed to appreciate that no evidence was available to establish the dues.

I do not find any merit in the argument advanced. The documents A-1 and A-2 having relied by the trial court and the documents concerned as per the averments made in the orders impugned, clearly depicts advancement of the amount concerned. Beside the above, the findings given by the Debt Relief Courts are pure findings of facts and those do not require any interference of this Court while exercising powers under Article 227 of the Constitution of India.

The petition for writ is dismissed accordingly.