SREEMATI ANNAPURNA DEVI Vs. BAIDHAR SINGH AND ANR.

JUDGEMENT

(1.) PLAINTIFF is the Petitioner. The suit is for recovery of Rs. 199.50 nP. inclusive of interest. Defendant No. 1 is the father of Defendant No. 2 and they are members of a joint family. Both of them entered into an agreement with the Plaintiff to remain as her farm servants. They were in service till the end of Falgun 1365. From Chaitm 1365 to Falgun 1366 Defendant No. 1 wanted to serve under the Plaintiff as a farm servant for half of each day and Defendant No. 2 wanted to serve for the full day during the same period. Defendant No. 1 had taken an advance of Rs. 60/ - in the previous year and that was renewed for the current year. Defendant No. 2 received Rs. 120/ - and both of them executed the document containing the terms of the agreement. In accordance with the terms of the agreement, Defendants 1 and 2 served till the end of Falgun 1366 and continued to serve for another year till the end of Falgun 1367. According to the practice prevailing in the locality, these field -servants were to refund the account advanced after the termination of the period of service. As the Defendants did not return the same the suit is for recovery of the amount with interest. The Defendants were ex -parte.

(2.) THE learned S.C.C. Judge found in favour of the Plaintiff that the Defendants had taken Rs. 180/ - jointly under the agreement which they did not refund after the termination of their services. He, however, dismissed the suit holding that the agreement (ext. 1) was hit by Section 6 of the Bihar and Orissa Kamiauti Agreements Act, 1920 (Bihar and Orissa Act VIII of 1920).

(3.) IT is, therefore, necessary to examine the various provisions of this Act. The preamble of the Act states: