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Rajai Thimmanayanim Bahadur Varu Vs. P. Rama Rayanim Garu - Court Judgment

LegalCrystal Citation
SubjectTenancy
CourtChennai
Decided On
Reported in(1908)18MLJ567
AppellantRajai Thimmanayanim Bahadur Varu
RespondentP. Rama Rayanim Garu
Cases ReferredBodda Goddeppa v. Maharajah of Vizianagaram I.L.R.
Excerpt:
- 1. we cannot interfere with the decision of the lower court as to the rate of rent payable by the defendant.2. on the other question raised, the judge's decision is opposed to the recent decision of this court in bodda goddeppa v. maharajah of vizianagaram i.l.r. (1906) m. 155 in which it was held that the landlord is entitled to restrain the tenant from cutting down fruit-bearing trees. the contention of the plaintiff that the tenant is not entitled to cut down other trees also on his holding cannot be accepted. the puttah must be amended; and the decree of the lower appellate court will be modified accordingly. no costs will be allowed.
Judgment:

1. We cannot interfere with the decision of the lower Court as to the rate of rent payable by the defendant.

2. On the other question raised, the Judge's decision is opposed to the recent decision of this Court in Bodda Goddeppa v. Maharajah of Vizianagaram I.L.R. (1906) M. 155 in which it was held that the landlord is entitled to restrain the tenant from cutting down fruit-bearing trees. The contention of the plaintiff that the tenant is not entitled to cut down other trees also on his holding cannot be accepted. The puttah must be amended; and the decree of the lower appellate Court will be modified accordingly. No costs will be allowed.


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