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Venkata Narasimha Appa Row Vs. Nalla Kondayya and ors. and Lakshmanna - Court Judgment

LegalCrystal Citation
SubjectTenancy
CourtChennai
Decided On
Reported in(1904)14MLJ145
AppellantVenkata Narasimha Appa Row
RespondentNalla Kondayya and ors. and Lakshmanna
Cases ReferredVenkatagiri Raja v. Pitchana I.L.R.
Excerpt:
.....due is correctly given, we cannot hold that the omission to enter the dates on which the kists fell due is a material..........contract between the parties, that notwithstanding the fact that a well had been dug by the tenant garden rates should be paid on the land irrigated by it. as the judgment is not perfectly clear as to this and as the point is an important one, we direct the district judge to return a finding on the following issue :--' was there an implied contract on the part of the defendants to pay jarib rates on lands cultivated by aid of wells dug by themselves.'?2. the question as to whether there is or is not an implied contract is one that must be decided on the facts of each case. the mere fact that garden rates had been paid for a few years would not necessarily lead to the inference that there was any such contract. this, it is clear, is the view taken by the judges in venkatagiri raja v......
Judgment:

1. In Second Appeals 1035 and 1037 it is urged that there is no clear and distinct finding by the District Judge as to whether the landlord had shown that there was an implied contract between the parties, that notwithstanding the fact that a well had been dug by the tenant garden rates should be paid on the land irrigated by it. As the judgment is not perfectly clear as to this and as the point is an important one, we direct the District Judge to return a finding on the following issue :--' Was there an implied contract on the part of the defendants to pay jarib rates on lands cultivated by aid of wells dug by themselves.'?

2. The question as to whether there is or is not an implied contract is one that must be decided on the facts of each case. The mere fact that garden rates had been paid for a few years would not necessarily lead to the inference that there was any such contract. This, it is clear, is the view taken by the judges in Venkatagiri Raja v. Pitchana I.L.R. 9 M. 27. On the other hand, payment of garden rates for a lengthened period coupled with other circumstances may justify the finding that there was an implied contract. The findings should be arrived at on the evidence on record and should be submitted within 6 weeks from this date. Objections, if any, are to be filed within 7 days.

3. In second appeals 1035 and 1037 it is urged on behalf of the respondents that the notices served on them were bad inasmuch as they do not show the dates on which the arrears are alleged to have become due. It is the case that such dates are not clearly set out according to the several kists, but as the Fasli with respect to which the rent was due is correctly given, we cannot hold that the omission to enter the dates on which the kists fell due is a material irregularity. It should be noted that in second appeal 1037 of 1902 the distraint for Fasli 1309 is illegal.


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