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1934 Supreme(Mad) 109

VENKATASUBBA RAO
Chennuri Appalanarasiah Chetty Garu – Appellant
Versus
Makka Chittavadu – Respondent


JUDGMENT

Venkatasubba Rao, J.

1. The rent at one time payable on the suit lands was Rs. 132-3-6. In Fasli 1334 the defendant executed a muchilika agreeing to pay increased rent (the increase being at the rate of 2 as. per rupee), on the understanding that the plaintiff would repair his irrigation sources. The rent at the increased rate would amount to Rs. 148-12-1. The finding is, that the defendant executed the muchilika voluntarily and received, better irrigation facilities in return for the enhanced rent. The defendant urges that the agreement to pay increased; rent is not enforceable, being opposed to : Section 24, Madras Estates Land Act. Both the lower Courts have held that this contention must be upheld and in my opinion rightly. Section 24 says, "the rent of a raiyat shall not be enhanced except as provided by this Act." That shows that we must turn to the provisions of the Act to ascertain what course it prescribes for getting the rent enhanced. Section 30 enacts that a landholder may for that purpose file a suit before the Col-lector. Among the grounds available to him in such a suit it mentioned that during the currency of the existing rent the productive powers of the lan










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