FATTA Vs. QADIR WANI

JUDGEMENT

(1.) THIS is and civil first appeal against the order of the learned Addl : District Judge, Srinagar dated 29 -8 -1968 whereby the plaint of the plaintiff has been returned to her for presentation in a court of competent jurisdiction because the learned Judge has held the defendant to be an agriculturist and held that the suit was not as such cognizable by that Court.

(2.) THE brief facts that have given rise to this case are that the plaintiff appellant brought a suit for (1) cancellation of the document which had been got executed by the plaintiff (2) for a declaration that the partnership deed dated 31st March 1956 registered on 10 -5 -1956 was still subsisting between the parties and (3) further for rendition of accounts and cancellation of the partnership deed Among other pleas in the written statement the defendant had pleaded that he was an agriculturist and therefore the suit was not triable by the court of Addl : District judge, Srinagar.

(3.) TWO issues No. 3 and 4 were framed about this contention of the defendant. Issue No 3 being Whether the defendant was an agriculturist and was mainly dependent on the income from agriculture and issue No. 4 was if the above issue was replied in affirmative, what will be its effect on the suit.