VATSAVAYA VENKATA SUBHADRAYAMMA Vs. POOSAPATI VENKATAPATI

JUDGEMENT

(1.) The suit out of which this appeal has arisen was instituted in the Court of the Subordinate Judge of Vizagapatam on April 4, 1913, by the plaintiff--the present appellant--the widow of the Rajah of Tuni deceased, who died in the year 1911, against the six respondents named to recover the sum of Rs. 1,68,629 and to obtain a declaration that this sum was well charged upon a certain sum of money received by the respondents, under a certain decree dated March 12, 1913, styled a compromise decree, made in a suit, No. 18 of 1903. and also for payment of three thirty-seconds of what remained of the sum received under such compromise after payment of the sum of Rs. 1,68,629. The Subordinate Judge, on December 6, 1915, made a decree in favour of the appellant, the plaintiff in the suit, for the sum of Rs. 1,91,058, and also made the declaration asked for to the effect that this sum was well charged on the sum paid to the respondents in pursuance of the compromise decree. The learned Subordinate Judge decided against the appellant on the other matters claimed, and no appeal has been taken by her against this decree on these latter matters. An appeal was, however, taken by the defendants to the High Court of Judicature at Madras. That Court pronounced a decree dated March 21, 1918, reversing the decree of the Subordinate Judge and dismissing the appellant's suit with costs. From this latter decree, the appellant has appealed to this Board.

(2.) The original suit No. 18 of 1903 was decided by the first Court against the respondents Nos. 2 to 4 in 1908, and they preferred an appeal to the High Court, which was numbered Appeal No 114 of 1909.

(3.) In 1913 a compromise petition was tiled in the above Appeal No. 114 of 1909 in the High Court, and on March 12, 1913, a decree was passed in accordance with the compromise by which the first respondent in this appeal was to receive a sum of Rs. 2,50,000 on behalf of and for the benefit, of all the respondents, the second respondent was to receive an annuity of Rs. 2,400, respondents Nos. 3 and 4 were to receive an annuity of Rs. 866-10-8 each, and the first respondent was to get a house for and on behalf of all the respondents.