- (1.) Trilok Joshi for the petitioner.
(2.) By this writ petition under Article 227 of the Constitution of India, the petitioner has assailed the impugned judgment and decree dated 21.01.2014 (Annex.P/7) and Annex.P/8 respectively passed by the Additional District Judge, Raisinghnagar, whereby it has upheld the judgment and decree dated 10.02.2010 passed by the learned Debt Relief Court and Civil Judge (Senior Division) Raisinghnagar. 2. The facts, in brief, are that the third respondent, Niranjan Lal, filed an application under Section 6(2) of Rajasthan Relief Agricultural Indebtedness Act, 1957 (for short, 'the Act of 1957') before the learned Debt Relief Court, Raisinghnagar against the petitioner for recovering a sum of Rs.3,53,200/- including interest. While asserting his status as agriculturist, the third respondent has averred, in the application, that the petitioner borrowed a sum of Rs.2,30,000/- from him on 09.06.2001 and a promissory note was also executed to this effect. The amount borrowed by the petitioner was not repaid to the third respondent and in that situation application under Section 6 (2) of the Act of 1957 was laid. The application was contested by the petitioner and the learned trial Court after completion of trial by its judgment dated 10.02.2010 decided all the issues in favour of respondent and against the petitioner. The learned Debt Relief Court also recorded a finding that the respondent is an agriculturist and he is entitled for the requisite amount and accordingly a decree to this effect was passed.
(3.) After passing of the decree by the Debt Relief Court, the third respondent expired, and therefore, an appeal was preferred against the legal representatives of third respondent, who are also arrayed as respondents in the present petition. The appellate Court, i.e., learned Additional District Judge, by the impugned judgment dated 21.01.2014, fully concurred with the findings and conclusions arrived at by the learned trial Court and consequently dismissed the appeal of the petitioner.;