Pulavarthi Venkata Subba Rao and Ors. v. Valluri Jagannadha Rao & Ors.

310 SUPREME COURT REPORTS [1964] VOL.

1963

PULAVARTHI VENKATA SUBBA RAO AND ORS.

v.

VALLURI JAGA.NNADHA RAO & ORS.

(P. B. GAJE;<;DRAGADKAR, M. HIDAYATIJl.I,AH and

j. C. SHAH jj.)

Relief to agriwlturiat.-Scali711J down of d'bl•-Compromi.e d•.cree-Nature-Whelher can be scale</ down-Whether re< judicata-Jfadras Agriculluri't. Relief (Amendment) Act, 1948 (Mad. 23 of 1!148), •· 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 aiiriculturists. The suit was compromised for Rs. 37 ,000/-. Some payments were also made.

fn 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 br.ncfits of the Act of 1938 as amended in 19{8. The contention of the decree-holder was that the Amendiug Act'"" not applicable in view of the provisions of s. 16 (ii) of the Amending Act as the compromise decree had becorr1c final. i-loreo'cr, the earlier compromise decree op...:ratcd as re.~ j¹ tdir:'ll'L Another contention \Vas that the judgment-dcbt0rs \Vere not agriculturi5ts as they \Vere a joint Hindu family o\vning an estate for which a 1'"/tka•h 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 . .\ct. ·rhc matter \'as taken to the High Court in revision. ·rhc High Court directed the trial court to take evidence and submit its finding on the point ,,·hether the appellants \Vere agriculturists or not. 'fhe finding of the trial court \Va., that the judgrnent-<lebtors con. stituted a joint Hindu family which vwned an estate flir which peshkash of more than Rs. j00j- w8' payable and hence were not agricultrists.