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1995 DIGILAW 676 (RAJ)

Aijee Bai v. Gopi Lal

1995-07-28

P.K.PALLI

body1995
JUDGMENT 1. - A suit was filed before the Debt Relief Court for recovery of the amount which he had advanced as earnest money after entering into an agreement to sale in respect of agriculture land. The Debt Relief Court granted the decree to the petitioner and dis-satisfied with the judgment and decree a revision was filed which came to be decided by the learned District Judge. The learned District Judge after going through the facts and case law has accepted the revision and had held that the advanced would not fall within the purview of section 6 of the Rajasthan Relief of Agriculture Indebtedness Act. 2. After hearing the learned counsel for the petitioner, I find that the order passed by the learned District Judge as revisional authority under the aforesaid Act is perfectly just and proper. I entirely agree with the observations made therein. 3. The amount was admittedly advanced towards the purchase of land and there is an existing. agreement between the parties. In my opinion, the only remedy the petitioner could have availed of was by way of filing a suit for specific performance or damages. The petitioner is relegated to the appropriate remedy available to him under the law.With the aforesaid observations the writ petition is dismissed.Petition dismissed with observations. *******