(1.) This is a petition to revise the judgment and decree of the learned District Munsif, Masulipatam in S. C. S. No. 1038 of 1956.
(2.) The material facts are briefly these: Manikyam as the sole plaintiff filed S. C. S. No. 1038 of 1956, against two defendants. The first defendant is the son of Venkataswamy by his first wife. The second defendant is the second wife of the deceased Venkataswamy. The case of the plaintiff was that he pledged a certain jewel "Kasula Peru" on 24-6-53 with Venkataswamy, borrowed a sum of Rs 230/-which was repayable with interest at 6 per cent per annum and that he was entitled to redeem the jewel. He asked for a decree against the two defendants for delivery of the pledged article after he deposited the sum due under the loan or, in the alternative, for the defendants to pay him the value of the gold article with interest thereon after deducting the amount due under the loan. The first defendant filed a written statement denying the pledge and contending that Venkataswamy and his wife, the second defendant were living in a village different from the one where the first defendant lived, that the suit had been filed by the plaintiff falsely at the instigation of his enemies and that it was not maintainable on the small cause side as it wag for recovery of specific move-able property. The second defendant alleged that she was not aware of the pledge, that the first defendant and Venkataswamy were looking after the family affairs, that, after the death of Venkataswamy, the plaintiff came and asked for the jewels and that the first defendant then acknowledged to the plaintiff that he (D. 1) had the jewel with him and was willing it to be redeemed. It was also pleaded that the plaintiff and the first defendant were colluding together to cause her loss and if there was to be any decree, it should be only against the share of the first defendant.
(3.) Both sides let in oral and documentary evidence. The learned Additional District Munsif, after a careful appreciation of the evidence, awarded a decree, in favour of the plaintiff against both the defendants so as to make them liable, to the extent of the assets of Venkataswamy, which came to their hands, for the return of the jewel or its value fixed at Rs. 520.00 and made the plaintiff liable for the loan amount fixed at Rs. 292-12-7. The second defendant has not filed any revision petition.