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1914 Supreme(Mad) 224
IN THE HIGH COURT OF MARAS
Ayling, Napier
Raja Kamadana Venkatanarasimha
Versus
Konduri Chinna Venkayya And Anr.
Decided On : 14 July, 1914
An agreement lacking consideration is not enforceable as a contract.
Headnote:
Rent Claim - Agreement - The court held that the agreement executed prior to the enactment of the Madras Estates Land Act, whereby the tenant undertook to pay a higher rate of rent after digging a well and making a garden, was not enforceable as a contract due to lack of consideration.
Fact of the Case:
The appellant claimed entitlement to rent based on an agreement (Exhibit A) executed prior to the enactment of the Madras Estates Land Act, where the tenant agreed to pay a higher rate of rent after making improvements. No consideration was alleged for this agreement.
Finding of the Court:
The court dismissed the appeal with costs, stating that the agreement was not enforceable as a contract due to lack of consideration.
Issues: Entitlement to rent based on the pre-enactment agreement and the enforceability of the agreement as a contract.
Ratio Decidendi: The lack of consideration for the agreement rendered it unenforceable as a contract.
Final Decision: The appeal was dismissed with costs.
1. It is argued that the appellant is entitled to the rent claimed on the basis of an agreement (Exhibit A) executed prior to the enactment of the Madras Estates Land Act whereby the tenant, after digging a well and making a garden, undertook, to pay a higher rate of rent. No consideration is alleged for this agreement and it is not enforceable as a contract. Vide Armugam Chetty v. Maja Jagaveera Rama Venkateswara Ettappa 8 Ind. Cas. 330 : 35 M. 134 : 9 M.L.T. 76.
2. The appeal is dismissed with costs.
