POTTELLA RAGADU Vs. POONDLA LAKSHMINARAPPA REDDY

JUDGEMENT

(1.) IN my opinion the language of Section 22 of the Cattle Trespass Act (I of 1871) is not wide enough to enable a Magistrate to award pleader's fees to a successful complainant. The Magistrate can award "reasonable compensation for the loss caused by the seizure or detention" of the cattle. It is obvious that pleader's fees cannot come under this head. He can also award "all fines paid, expenses incurred by the complainant in procuring the release of the cattle".

(2.) IN this case the expenses of releasing the cattle had all been paid, and the cattle had been released, long before the complainant engaged a pleader or filed his complaint. Therefore the learned Magistrate could not award pleader's fees under this head either. This item is approximately Rs. 63 and I direct that if the compensation has been collected Rs. 9 be refunded to each of the accused from whom the amount of Rs. 12 has been collected.