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1958 Supreme(Mad) 10

BALAKRISHNA AYYAR
M. T. Viswanathan Chettiar by Power of Agent Balasubramania Iyer – Appellant
Versus
Munian Samban – Respondent


Advocates:
G.R. Jagadisan and T.S. Srinivasan, for Petitioner.
S. Mohan Kurmaramangalam and K.V. Sankaran, for Respondents.

JUDGEMENT

It is convenient to deal with all these four Civil Revision Petitions together. The petitioner is a landlord and the respondents are his tenants. In February, 1953, they executed waram chits in his favour undertaking to pay rent at €0 per cent, of the gross produce. Year after year the crop was being divided on the ground at this rate. After Madras Act XXIV of 1956 came into force the respondents repudiated the provisions of the waram agreements they had entered into and wanted to convert their engagements into leases. They sent to the petitioner draft lease-deeds unilaterally fixing the rent at a certain rate. Not unntuarally the petitioner refused to accept their proposals. Subsequently in 1957 the respondents harvested the crops and, according to the petitioner, removed them without notifying him. There is no doubt that they did not share the crop on the thrashing floor. The petitioner thereupon filed four petitions before the Rent Court under section 6 of Madras Act XXIV of 1956. He asked for three reliefs. One was for division of the produce between himself and the respondents. The other was for assessing and fixing the amount of paddy due to him. And the third was fo








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