- (1.)THIS Civil Revision arises in the following circumstances:
(2.)OPPOSITE party No. 1 is the first wife and opposite parties 2 and 3 are the minor daughters of the petitioner. The opposite parties filed Title Suit No. 64 of 1969 in the court of the Subordinate Judge, Sambalpur claiming future and past maintenance at the rate of Rs. 160/-per month (Rs. 100/- for opposite party no. 1 and Rs. 60/- for opposite parties 2 and 3 ). They also claimed that the immovable properties described in Schedule A of the plaint should foe charged for realisation of the decretal dues. The suit was compromised on the terms that all the movable and immovable properties of the defendant-petitioner should be divided into four equal shares. The defendant and his mother together would take one share, his second wife Padmavati one share, his son radheshyam Patel one share and the plaintiff No. 1 the remaining share to which she would have full title in lieu of her claim for future maintenance. It was also agreed between the parties that within two and half months from the date of compromise the movable and immovable properties of the defendant would be divided and the costs of registration and preparation of map etc. would be borne by the defendant and on defendant's failure to get the properties divided within the stipulated period, the plaintiff No. 1 would get her share partitioned through court by appointment of a Commissioner. As regards past maintenance it was agreed that the defendant-petitioner would deliver 25 pudugs of paddy and Rs. 400/- in cash within 21/2 months from the date of compromise failing which the plaintiffs would be entitled to realise the same by execution.
(3.)THE order passed by the learned Subordinate Judge on the petition of compromise is quoted below:
"i have perused the terms contained in the compromise petition. There are many matters in the petition which do not relate to the subject-matter of the suit. I would therefore record the compromise in so far as they relate to the subject-matter of the suit. The suit is decreed in terms of the compromise in so far as they relate to the suit. The compromise petition in so far as they relate to the claim in the suit do form part of the decree. "