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1936 Supreme(Mad) 8

PANDRANG ROW
Addala Chinna Venkatraju – Appellant
Versus
Sri Kanchumarti Venkataseetha Ramachandra Rao Garu deceased – Respondent


JUDGMENT

Pandrang Roa, J.

1. These are appeals from the decrees of the District Judge of West Godavari dated 23rd January, 1931, affirming on appeal the decrees of the Revenue Divisional Officer of Nidadavole dated 29th June, 1929, in certain suits instituted under Section 30, Clause (1) of the Madras Estates Land Act for enhancement of rent on the ground of a rise in the prices of food grains. The enhancement claimed was two annas in the Rupee of the rent till then payable, and not two annas per putti as stated in the judgment of the lower appellate Court, the enhancement claimed being the maximum allowed by the Act. This enhancement has been allowed by both the Courts below. On the merits of this enhancement nothing need be said as the question is one of fact and there are concurrent findings thereon.

2. The only point argued in these appeals is whether the suits for enhancement of rent are maintainable in view of the provisions of Section 37(1) of the Madras Estates Land Act which runs as follows:

A suit for enhancement on the ground of a rise in prices shall not be entertained, if within the twenty years next preceding its institution, the rent has whether before or after the passi





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