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Damara Kumara Thimmia Nayamni Bahadur Varu Vs. Pullama Naidu and ors. - Court Judgment

SooperKanoon Citation

Subject

Property

Court

Chennai

Decided On

Judge

Reported in

5Ind.Cas.510

Appellant

Damara Kumara Thimmia Nayamni Bahadur Varu

Respondent

Pullama Naidu and ors.

Excerpt:


lease deed - remission for excess or failure of rains--what it means. - - exhibit a, however, makes no provision for remission in middling years,'but only for remission in, case of excess or failure of rains, and clearly abnormal seasons were alone contemplated.1. the subordinate judge finds that the season was middling 'one and that the defendants are entitled to partial remission. exhibit a, however, makes no provision for remission in middling years,' but only for remission in, case of excess or failure of rains, and clearly abnormal seasons were alone contemplated. we modify the decree of the subordinate judge by restoring the decree of the district munsif with costs in this and the lower appellate court.

Judgment:


1. The Subordinate Judge finds that the season was middling 'one and that the defendants are entitled to partial remission. Exhibit A, however, makes no provision for remission in middling years,' but only for remission in, case of excess or failure of rains, and clearly abnormal seasons were alone contemplated. We modify the decree of the Subordinate Judge by restoring the decree of the District Munsif with costs in this and the lower appellate Court.


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