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Adhiragi Chetty Vs. Billa Tyampu - Court Judgment

LegalCrystal Citation
SubjectProperty
CourtChennai
Decided On
Reported in(1910)20MLJ944
AppellantAdhiragi Chetty
RespondentBilla Tyampu
Cases Referred and Narayana Kamti v. Handu Shetty
Excerpt:
- 1. exhibit b modifies the terms of the lease exhibit a. it provides that on default of payment by the due date the rent in arrears shall be paid with interest with the next year's rent. if default is made even then, the property shall be surrendered to the lessor. following the decisions in naraina naikan v. vasudeva bhath i.l.r. (1903) m. 389 and narayana kamti v. handu shetty (1901) m.l.j. 210 the defendant is not entitled to be relieved against the forfeiture. it is, moreover, found that the tender in the suit was not of the whole amount due.2. we must reverse the decree of the district judge and restore that of the munsif with costs in this and the lower appellate court.
Judgment:

1. Exhibit B modifies the terms of the lease Exhibit A. It provides that on default of payment by the due date the rent in arrears shall be paid with interest with the next year's rent. If default is made even then, the property shall be surrendered to the lessor. Following the decisions in Naraina Naikan v. Vasudeva Bhath I.L.R. (1903) M. 389 and Narayana Kamti v. Handu Shetty (1901) M.L.J. 210 the defendant is not entitled to be relieved against the forfeiture. It is, moreover, found that the tender in the suit was not of the whole amount due.

2. We must reverse the decree of the District Judge and restore that of the Munsif with costs in this and the lower appellate Court.


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