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Dekkhan Agriculturists Relief Act, 1879

Dekkhan Agriculturists Relief Act, 1879

Dekkhan Agriculturists Relief Act, 1879

[ACT No.17 OF 1879]

[29th October 1879.]

An Act for the relief of Indebted Agriculturists in certain parts of the Dekkhan

WHEREAS it is expedient to relieve the agricultural classes in certain parts of the Dekkhan from indebtedness; It is hereby enacted as follows:-

11. Agriculturists to be sued where they reside:-

Every suit of the description mentioned in section 3, clause (w){(Reproduced below:–

“(w) Suits for recovery of money alleged to be due to the plaintiff—

On account of money lent or advanced to, or paid for the defendant, or as the price of goods sold, or

On an account stated between the plaintiff and defendant, or

On a written or unwritten engagement for the payment of money not hereinbefore provided for;”.}

May if the defendant, or , when there are several defendants, one only of such defendants, is an agriculturist, be instituted and tried in a Court within the local limits of whose jurisdiction such defendant resides, and not elsewhere.

Every such suit in which there are several defendants who are agriculturists may be instituted and tried in a Court within the local limits of whose jurisdiction any one of such defendants resides, and not elsewhere.

Nothing herein contained shall affect sections 22 to 25 (both inclusive) of the Code of Civil Procedure.

56. Instruments executed by agriculturist not to be deemed valid unless executed before a Village registrar:

No instrument which purports to create , modify , transfer, evidence or extinguish an obligation for the payment of money or a charge upon any property, or to be a conveyance or lease, and which is executed after Act comes into force by an agriculturist residing in any local area for which a Village-registrar has been appointed, shall be admitted in evidence for any purpose by any person having by law or consent of parties authority to receive evidence, or shall be acted upon by any such person or by any public officer, unless such instrument is written by, or under the superintendent of and is attested by, a Village-registrar:

Provided that nothing herein contained shall prevent the admission of any instrument in evidence in any criminal proceeding, 1[or apply to any instrument which is executed by an agriculturist merely as a surety,] 2[or to any instrument required by section 17 of the 3Indian Registration Act, 1877, to be registered under that Act.]

1. Ins. by Act 23 of 1881, s.12.

2. Ins. by Act 23 of 1886, s.9.

3. See now the Indian Registration Act, 1908 (16 of 1908).

60. Registration under this Act to be deemed equivalent to registration under:

Every instrument executed and registered in accordance with the foregoing provisions shall be deemed to have been duly registered under the provisions of the 1Indian Registration Act, 1877; and no instrument which ought to have been executed before a Village-registrar but has been otherwise executed shall be registered by any officer acting under the said Act, or in any public office, or shall be authenticated by any public officer.

1. See now the Indian Registration Act, 1908 (16 of 1908).

62. Exemption of instruments to which the Government or any officer of the Government is a party:

Nothing in this Act shall be deemed to require any instrument, to which the Government or any officer of the Government in his official capacity is a party, to be executed before a Village-registrar 1

1. The words ” or any Society registered under the Co-operative Credit Societies Act, 1904″ ins.by Bom.Act, 1 of 1910 were rep.by Bom.Act 1 of 1912.

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