JUDGMENT :- This Second Appeal is preferred against the decree and judgment of the learned District Judge of Cuddalore in A. S. No. 104 of 1956, confirming the decree and judgment of the learned Subordinate Judge of Cuddalore in O. S. No. 97 of 1954.

2. The appellant before me Ahmad Maraicair is the owner of Ac. 76-47 cents of Nanja lands in four villages and a cocoanut garden and a bungalow in the village of Keelachavadi. He intended to go to Java on business. Therefore, he executed a re-filtered lease deed Ex. A. 1 dated 21-4-1951 in favour of the respondent Muthuvalliappa Chettiar for a period of five years for an annual rent of 1825 kalams of paddy and Rs. 100 cash.

Subsequently, the parties entered into a fresh agreement of lease Ex. A-2 whereby the period of lease was reduced to three years. The dispute between the parties, so far as these legal proceedings are concerned, has been in respect of rent payable for the third and last year, as the rent payable for the first two years has admittedly been paid. The case for the appellant, who filed O. S. 97 of 1954 and out of which this second appeal arises, was that there was some damage on account of floods only in respect