Present : De Sampayo J.    1920.

VYRAMUTTU v. DISSANAYAKE.

24-C. R. Anuradhapura, 10,122.

Interpretation of deed-Agreement to pay rent in paddy-Valuation of paddy in deed for purpose of stamping deed-Action to recover value of paddy according to market rate in default of payment of paddy-Stamp Ordinance, s. 25.

Plaintiff leased to defendant a paddy field for the annual rent of 130 bushels of paddy. For the purpose of regulating the stamps to be affixed to the deed of lease the paddy was valued, in the bond itself, at Re. 1.50 per bushel.

In an action by plaintiff to recover arrears of rent in paddy, or in default damages at Rs. 3 a bushel, which was the market rate-

Held, that in the circumstances the plaintiff was entitled to claim damages at the market rate, and that section 25 of the Stamp Ordinance, No. 22 of 1909, did not bar the plaintiff from claiming damages according to the market rate.

THE facts appear from the judgment.

The deed in question was as follows :-

This indenture made and entered into at Anuradhapura, in the District of Anuradhapura, North-Central Province, this Twentieth day of October, A.D. One thousand Nine hundred and Sixteen, between Arumugam Vairamuttu, presently of Anuradhapura aforesaid (herein after called the lessor) of the one part, and Stephen Dissanayake of Abhayagiriya, in the town of Anuradhapura aforesaid (hereinafter called the lessee), of the other part, witnesseth:

The lessor in consideration of the rent and covenants hereinafter on the part of the lessee reserved and contained doth hereby let and demise onto the lessee his heirs, &c., all that divided portion out of land called Abhayagiriyakele described . . . . To hold the said premises unto the lessee and his aforewritten for the term of five years, commencing from the date hereof, yielding and paying therefor by way of annual rent one hundred and thirty bushels of good paddy free of chaff and other refuse in half-yearly instalments of sixty-five bushels at the end of each of the two sowing seasons of the year. Provided, and it is hereby expressly declared and agreed, that in case the said portion of land, together with other lands under the Bassawakulama tank, shall not be cultivated, or in case the paddy crops growing on the said land shall be withered and die away in any season of the said term for lack of sufficient water supply, the said rent shall not be payable in respect of the said sowing season (one bushel of paddy being valued at one rupee and cents fifty).

The lessee hereby convenants with the lessor that the lessee shall yield and deliver the said paddy rent in, manner hereinbefore reserved; and shall at the expiration of the said term peaceably and quietly deliver over possession of the said premises to the lessor. Provided, however, and it is hereby agreed that in the event of the lessee failing

refusing, or neglecting to deliver the said rent in manner hereinbefore reserved, it shall be lawful for the lessor to cancel and determine these presents and forthwith to eject the lessee from the said premises not-withstanding that the said term of five years has not elapsed, and to sue for and recover all arrears of rent then due. The lessor hereby covenants with the lessee that the lessor shall pay and discharge all taxes, rates, assessments, impositions, dues, and charges which are now or may hereafter be levied on or in respect of the said premises during the said term, and that the lessee paying the rent and performing the covenants herein on his part reserved and contained shall and may peaceably and quietly hold and enjoy the said premises during the said term without any interruption, hindrance, or disturbance by the lessor or any persons.

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In witness whereof, &c,
    Signed, witnessed, and attested.

J. S. Jayawardene, for defendant, appellant.