Judgement

Appeal from a judgment and decrees of the High Court (October 13, 1908) reversing a judgment and decrees of the District Judge of Kistna (March 13, 1907) which affirmed a judgment and decrees of the Court of the Head Assistant Collector, Bezwada Division, Kistna District (August 24, 1906).

The respondent, under circumstances appearing from their Lordships’ judgment, brought before the Court of the Head Assistant Collector forty-nine summary suits under s. 9 of the Madras Rent Recovery Act, 1865, against appellant raiyats to enforce the acceptance by them of pattas tendered in respect of their holdings. The Head Assistant Collector found that the pattas tendered were not in accordance with the agreed terms and dismissed the suits. Upon appeals by the respondent to the District Court, this decision was affirmed. The respondent then appealed to the High Court, which reversed the decree of the District Court. The learned judges agreed with the Courts below that it was clear from the muchalkas that there was no contract as to rates of rent payable for wet cultivation, but they held that there being no contract the respondent was entitled under s. 11, sub-s. 3, of the Madras Ke