SATYANARAYANA RAO, SOMASUNDARAM, P.V.RAJAMANNAR, VISWANATHA SASTRI, PANCHAPAGESA SASTRI
Muruga Mudaliar (deceased) – Appellant
Versus
Subba Reddiar – Respondent
The suit in this case is for damages for breach of an agreement of lease. The document evidencing the agreement has been ruled out by both the Courts below for want of registration. The question is whether it has been rightly so ruled out.
A typed translation of the document has been placed before me by the learned counsel for the respondent, which has been accepted by the learned counsel for the appellant as correct. It-runs as follows:-
"Agreement, dated 30th May, 1942, executed by R. Subba Reddiar residing at Chinnakavanda-nur, Velliyanai village, Karur taluk in favour of R. Muruga Mudaliar of Mohanur village, Namakkal taluk.
Having agreed this day for a lease on a rent of Rs. 600 per year in respect of four acres known as Onnekalkani, etc., belonging to me in Vangal, I have received this day Rs. 100 as advance.
You having agreed for 3½ years (in respect of) the above lands you shall pay the rent at the end of Kalavati each year and shall get receipt therefor."
It is argued for the appellant that the Courts below are in error because the document on its true construction must be regarded as nothing more than a receipt acknowledging payment of Rs. 100 as advance by the plainti
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