MATTA JAGGILODU Vs. MATTA BYRAMMA

JUDGEMENT

(1.) This is an application by the defendant under Section 25, Small Cause Courts Act. The plaintiff is a widow of one Matta Ramayya, who happened to be the brother of the defendant. Matta Ramayya died about two years before the suit was filed.

(2.) The case for the plaintiff is that Matta Ramayya and the defendant separated about ten years before the date of the suit, and after separation Matta Ramayya acquired certain properties. There is a further allegation that after the death of Matta Ramayya while she was gathering her crops the defendant assaulted her and forcibly took away the crops. A criminal case was instituted by the plaintiff with the result that the defendant was convicted under Section 379, Indian Penal Code and sentenced to pay a fine of Rs. 30 along with another accused who was also sentenced to a similar term. Out of the fines if realised a sum of Rs. 30 was to be paid to the plaintiff as compensation.

(3.) On appeal the conviction was set aside, but during the pendency of the appeal an agreement was entered into between the parties on 26 April 1937. One of the paragraphs in the petition of compromise is of importance, because it is upon an interpretation of that paragraph that the result of this petition will depend. I have been supplied with a translation of that paragraph by Mr. Ratho appearing on behalf of the petitioner. It runs as follows: Subsequently there being criminal litigation I was fined. Therefore, in the presence of the respectable persons mentioned below, we have settled as below. That you keep the lands and house of your husband with you and enjoy them. That your 30 sheep do remain in my flock. You have to pay the wages for tending them. I shall give you the milk every day. If I misappropriate any of them and if it is so proved by the decision of the caste people I shall give the sheep together with any loss sustained by you. If the appeal is decided in my favour I shall pay you Rs. 30. I shall pay 2 bharanams of paddy and Rs. 30 relating to the crops of your land to...a creditor of my brother and 13 nowties of paddy to you for your maintenance. If you marry again all the properties of my brother and the child should be left with me. (Then comes the most important part of the agreement.) You should not contest the appeal either in person or through a pleader.