PASALAPUDI BRAHMAYYA AND ANOTHER Vs. TEEGALA GANGARAJU

JUDGEMENT

(1.) This Civil Revision Petition has been referred to a Bench of this Court by Narasimham, J., as it raises an important question as to the true interpretation of Section 74 of the Indian Contract Act and accordingly it has now come before us for decision.

(2.) The petitioners entered into an agreement in writing with the respondent on 31-7-1954 for rendering him service as his farm watchmen for the year 1954-55. The respondent agreed to pay to the petitioners 162 1/2 kunchams of jonna grain and 225 kunchams of paddy for the year. The services were to be rendered by the 2nd petitioner and his younger brother, Koopaiah. They are the sons of the 1st petitioner. It is stipulated under the agreement that the 2nd petitioner and Koopaiah should not absent themselves for a period exceeding 12 days in the year and that, if they absented themselves on more number of days, the 2nd petitioner should pay for the days he absented himself at the rate of Rs. 1/- per day and Koopaiah at the rate of Re. 0-8-0 per day.

(3.) It is the plaintiff-respondent's case that the 2nd petitioner absented himself for 182 days and that, therefore he is entitled to recover Rs. 182/-as damages as per the terms of the agreement in addition to an amount of Rs. 10/- being the Advocate's fee for the registered notice. Koopaiah also absented himself for 20 days and Rs. 4/- is claimed as damages on that account. After allowing certain deductions, the plaintiff claimed an amount of Rs. 91-1-9 from the petitioners.