Chennai Court November 1917 Judgments

Ramasami Servaigaran and anr. Vs. Athivaraha Chariar and ors.

Court: Chennai

Reported in: AIR1918Mad222; 44Ind.Cas.663

Sadasiva Aiyar, J.1. The defendants Nos. 1 and 2 are the appellants in this case. The plaintiffs are landlords and the defendants are tenants under the Madras Estates Land Act. The only questions involved in the second appeal and in the connected memorandum of objections are : (1) whether the plaintiffs are entitled to claim rent on the lands left waste in the defendants' holding if the defendants do not establish that the lands were so left waste without their default, (2) whether the defendants are bound to pay ordinary dry rate of rent on the area of a house site included in the defendants' holding and whether that question is res judicata in favour of the defendants (as the defendants contend) or in favour of the plaintiffs (as the plaintiffs contend), and whether the plaintiffs are entitled to claim rent for the house site, item 70, at Nanja rates and not merely at Punja rates.2. As regards the, first point, I have come to the conclusion (after the beat consideration that I have,,...