Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Res Judicata Compromise Decree Madras Agriculturists Relief Act 1938 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Relief to agriculturists -Scaling down of debts -Compromise decree -Nature -Whether can be scaled down -Whether res judicata -Madras Agriculturists Relief (Amendment) Act, 1948 (Mad. 23 of 1948), s. 16 (ii) -Madras Agriculturists Relief Act, 1938 (Mad. 4 of 1938), s. 19. A suit was filed in 1941 for the recovery of Rs. 50,000. The respondents prayed for the scaling down of the amount due from them under tho Madras Agriculturists Relief Act, 1938, on the ground that they were agriculturists. The suit was compromised for Rs. 37 ,000/-. Some payments were also made. In 1949, another application was made by the respondents for the scaling down of the debt on the ground that they were agriculturists and hence were entitled to the benefits of the Act of 1938 as amended in 1948. The contention of the decree-holder was that the Amending Act was not applicable in view of the provisions of s. 16 (ii) of the Amending Act as the compromise decree had become final. Moreover, the earlier compromise decree operatedd as res judicata. Another contention was that the judgment-debtors were not agriculturists as they were a joint Hindu family owning an estate for which a peshkash of more than Rs. 500/- was payable. The trial court held that the decree was liable to be scaled down in view of the provisions of the Amending Act. The matter was taken to the High Court in revision. The High Court directed the trial court to take evidence and submit its finding on the point whether the appellants were agriculturists or not. The finding of the trial court was that the judgment-debtors constituted a joint Hindu family which owned an estate for which peshkash of more than Rs. 500/- was payable and hence were not agriculturists. The High Court came to the conclusion that the estate was not held jointly but in definite shares. The peshkash in respect of the two villages constituting an estate could not be aggregated. Under the circumstances, the peshkash paid by the individual judgment-debtors did not exceed Rs. 500/- and hence the judgment debtors were agriculturists. The High Court also held that the compromise decree could not be regarded as final for purposes of s. 16 (ii) of the Amending Act, and the principle of res judicata did not apply. lt was also held that the judgment-debtors were entitled to have the decree scaled down. The appellants came to this Court by special leave. |
Judge | Honble Mr. Justice M. Hidayatullah |
Neutral Citation | 1963 INSC 57 |
Petitioner | Pulavarthi Venkata Subba Rao And Ors. |
Respondent | Valluri Jagannadha Rao & Ors. |
SCR | [1964] 2 S.C.R. 310 |
Judgement Date | 1963-03-13 |
Case Number | 17 |
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