(1.) This is a revision petition against the order of the Munsiff, Sagar, in O. S. No. 121 of 50-61 on the file of his Court holding that the defendant is entitled to claim the reliefs under the Mysore Agriculturists Relief Act.
(2.) It was admitted that the defendant was a person ordinarily engaged in agriculture and that his income is about Rs. 500/- to Rs. 600/- per year. But it was contended that he cannot be-said to be a person ordinarily engaged in agriculture in the area to which this regulation applies for the time being or at the time or the suit transaction, as the village in which the defendant was residing was outside Mysore State, though it became part of the Mysore State before the suit was filed, under the provisions of the provinces and States (Absorption of Enclaves) Order 1950.
(3.) It was argued that it cannot be said that the Agriculturists Relief Act is applicable to the defendant as in the first place, the Agriculturists Relief Act has not been extended by notification in the official gazette by the Government to the village in which the defendant resides though now it forms part of Mysore State, and secondly that even otherwise he cannot be said to be a person engaged in agriculture in the area to which this Act applies for the time being or at the time of the suit transaction. As regards the first point it is no doubt true that the Agriculturists Relief Act can only come into operation after it is extended by notification of Government in the Official Gazette as stated in para 2 of S. 1 of the Agriculturist, Relief Act. The Act, however, had been extended to the whole of Mysore State by notification of Government in the Official Gazette by the the the village in question became part of Mysore. Under Section 8 of the Provinces and States (Absorption of Enclaves) Order 1950,