SIVARAMA AIYAR Vs. AHILAMBAL AMMAL

JUDGEMENT

(1.) This is a Civil Revision Petition against an order of the Principal Subordinate Judge of Trichinopoly dispaupering the plaintiff under Order 33, Rule 9 of the Civil P. C. on the ground of his having entered into an agreement with one Manickam Pillay with reference to the subject-matter of the suit. The execution of the agreement was admitted, but it was alleged that the agreement was neither in respect of the subject-matter of the suit, nor had any person obtained an interest in such subject-matter. After the agreement was produced by Manickam Pillai, the plaintiff alleged subsequently that the agreement was altered in material particulars after its execution and that he did not know of such alteration until it was produced in Court.

(2.) After recording evidence in the proceedings, the learned Subordinate Judge found it as a fact that the agreement was not altered. The petitioner now asks me to interfere with this finding on the ground that it is erroneous. After hearing his counsel's arguments who led me through the evidence, I find myself in agreement with the finding of the Court below. Even if I had not arrived at the same conclusion, I would not have been entitled to interfere with it. The lower Court was entitled to come to a finding and having determined the question of fact against the petitioner, it cannot be said to have acted either illegally or with any material irregularity. It is thus clear that this ground is neither correct nor open to the petitioner in revision.

(3.) It was then contended on behalf of the petitioner that even if the agreement was accepted as genuine, it did not create any right in the subject-matter of the suit. A reference was made by his counsel to Section 54 of the Transfer of Property Act and Section 17 of the Registration Act, which was in my opinion wholly irrelevant in this case. Under the terms of the present agreement Manickam Pillai had advanced a sum of Rs. 500 to the petitioner towards the expenses already incurred by him in conducting the suit till then and had also agreed to advance another sum of Rs. 500: For taking steps and for the expenses that may be necessary hereafter till the disposal of the suit in the Sub-Court, Trichinopoly.