Judgement

Consolidated Appeal from a judgment and several decrees of the High Court (September 21, 1910) reversing decrees of the District Judge of Madura and restoring decrees of the Sub-Collector of Dindigul Division.

The respondents severally instituted suits in 1903 against the appellant, their landlord, under the Madras Rent Recovery Act (Mad. Act VIII. of 1865) for the grant of proper pattas. They claimed that the pattas should be at the rate for dry crops (i.e. 4 fanams per guli), and not at the rate for garden crops (i.e. 8 fanams per guli). The appellant pleaded (1.) that there was an implied contract for payment at the garden crop rate; (2.) that in the villages of the zamindari there was a long-standing custom or local usage by which the rents varied with the nature of the crops, and that 8 fanams a guli

Law Rep. 45 Ind. App. 195 ( 1917- 1918) Raja Jagaveera Rama Ettappa V. Arumugam Chetti

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was in conformity with local usage.

ft appeared from the evidence, or was admitted, that formerly a uniform rent at the dry rate (4 fanams per guli) had been paid; that each of the respondents at his expense had constructed a well upon the land of which he was tenant, and had therea