Rajamannar, C.J.-This appeal against the judgment of Rajagopalan, J. arises in the following circumstances: The contesting respondent (Respondent No.2), the landlord, filed an application on 21st May, 1954 in the Revenue Court, Tanjore, under section 10 of Madras Act XIV of 1952 for eviction of the appellant on the ground that he had failed to pay the arrears of rent. The arrears, according to the landlord, amounted to 49 kalams and 6 measures of paddy and a sum of Rs.265 as cash rent for the punja, 18 kalams of blackgram, and the landlord’s share of the gingelly crop. The appellant pleaded in defence that the rent claimed was not fair rent and the yield was very poor and the paddy already delivered by him to the 2nd Respondent was sufficient in the circumstances. He denied liability to pay the cash rent, because most of the coconut trees in respect of which the rent was payable had been uprooted in the cyclone of 1952. During the pendency of the petition, the appellant applied to the Conciliation Officer to fix the fair rent. He, therefore, prayed for a postponement of the hearing of the eviction petition till the Conciliation Officer had fixed the fair rent. On 12th July, 1954, t

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