Judgement

Appeal from a judgment and decree of the High Court (November 4, 1916) varying a decree of the

31 Law. Rep. 48 Ind. App. 31 ( 1920- 1921)

Radhakrishna Ayyar V. Swaminatha Ayyar 132

District Judge of Tanjore, which decree varied a decree of the Revenue Divisional Officer of Kumbakonam.

The suit was instituted by the respondent in the Revenue Court under the Madras Estates Land Act (I. of 1908), s. 77, to recover from the appellants, occupancy ryots, Rs. 4560 as rent for three years. The appellants had refused to accept puttahs which had been tendered to them ; they disputed the basis upon which the rent was provided for and denied that they were bound to accept puttahs in the terms decreed in a former suit brought against the predecessors of the appellants under the Madras Rent Recovery Act (Mad. Act VIII. of 1865). Issues were framed with regard to the basis upon which the rent was payable.

The Revenue Court gave the respondent a decree for Rs. 4367 ; upon appeal to the District Court the amount was reduced to Rs. 3953 ; but upon a further appeal to the High Court the decree of the Court of first instance was restored. The High Court held that under s. 53, sub-s. 3, of the