JUDGMENT :- This second appeal is brought by the plaintiff in O. C. 100 of 1950 on the file of the District Munsif Court Kakinada against the decree of the Subordinate Judge, Kakinada modifying that of the District Munsif. The appellant brought the suit for recovery of the value of 105 bags of paddy for the year 1949-50. He leased out the land to the defendant under Ex. A-1 on a rental of 105 bags a year. The lease deed inter alia provided that the rent was fixed irrespective of heavy rains or draught, etc. (athivrishti, anavrishti doshamula vagaira) and whether the tenant cultivated the land or not. As the lessee defaulted in payment of rent, the plaintiff was obliged to file the suit.

2. The suit was opposed chiefly on the plea that the defendant was not liable to pay the full rent as owing to unforeseen cyclone in October, 1949 there was damage to the crop on the suit land and it yielded only 60 bags in all.

3. The trial court decreed the suit in full being of the opinion that the expression athivrishti" covered a case of a cyclone also, and the defendant is not entitled to any rebate in the matter. On appeal, the learned Subordinate Judge came to the opposite conclusion. In his o

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