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.