P. A. CHOUDARY, J.

( 1 ) S. A. No. 804/77 is by a landlord against his tenant. He filed this second appeal complaining against a judgment a decree of dismissal of his suit O. s. No. 663 of 1973 passed by the District Munsifs Court. Tadepalligudem. In O. s. No. 663 of 1973 the landlord sued his tenant for recovery of an amount of Rs. 1,081-95 representing the arrears of rent. The landlord claimed the rent as payable to him by the respondent-tenant for three faslies of 1379 1380 and 1381 with respect to the plaint scheduled temple lands under the terms of a lease dated 19-8-68. The tenant bound himself to pay to the landlord rent of eight bags of paddy for each acre for each fasli before 31st January of each succeeding fasli. But the tenant failed to pay rent for the fasli year 1379. The tenant pleaded that his crops failed in 1379 fasli due to heavy cyclone But according to the terms of the lease deed. The rent was payable by the tenant even when crops failed due to excessive rains (Ativrusti and Anavrushti ).

( 2 ) THE suit was filed on the basis that the tenant failed to keep those corents as agreed to. To the suit claim the tenant set up a defence of invalidity of the term of abs

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