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Seetharama Iyer Vs. Robert Fischer - Court Judgment

LegalCrystal Citation
SubjectTenancy
CourtChennai
Decided On
Reported in(1914)27MLJ415
AppellantSeetharama Iyer
RespondentRobert Fischer
Excerpt:
- miller, j.1. the condition, in the patta tendered which obliges the ryot to cultivate the land in due season cannot be said to be unreasonable in a varam agreement, provided of course that it is not read as insuring, the rent in all seasons.2. here i am bound by the finding that the defendant might have cultivated the land had he chosen to do so.3. the measure of damages applied by the subordinate judge the average yield of neighbouring land, is in my opinion the right, one.4. the petition is dismissed with costs.
Judgment:

Miller, J.

1. The condition, in the patta tendered which obliges the ryot to cultivate the land in due season cannot be said to be unreasonable in a varam agreement, provided of course that it is not read as insuring, the rent in all seasons.

2. Here I am bound by the finding that the defendant might have cultivated the land had he chosen to do so.

3. The measure of damages applied by the Subordinate Judge the average yield of neighbouring land, is in my opinion the right, one.

4. The Petition is dismissed with costs.


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