Skip to content


Muthiah Chetty and ors. Vs. Peyandi thevan and anr. - Court Judgment

LegalCrystal Citation
SubjectProperty
CourtChennai
Decided On
Judge
Reported in4Ind.Cas.1063
AppellantMuthiah Chetty and ors.
RespondentPeyandi thevan and anr.
Excerpt:
madras rent recovery act (viii of 1865), section 4 - patta--dates of payment but amount of rent not specified. - .....information is not necessary and as it is not required by the act, i think the patios are not improper. interest is not charged from any date before the close of the fasli. i would, in these circumstances, allow the appeals and remand the suits for disposal by the court of first instance.3. costs will abide and follow the result.pinhey, j.4. it is admitted that both the lower courts have erred in fact in stating that the dates of the various instalments are not given.5. the patta exhibit a shows that the rent is to be paid before the 15th of the marginally noted months.6. it is contended that as the amounts of the instalments are not given in the vacant space provided for the purpose, section 4 of act viii of 1865 has not been complied with. section 4 merely requires the patta to state.....
Judgment:

Miller, J.

1. The pattas contain the dates on which payments of rent are to be made, though they do not contain a statement of the amount payable on each of those dates. They were tendered late in the Fasli after the last of the date was past and there is, therefore, nothing in the omission which can in any way mislead the tenant or injure him and nothing which introduces any uncertainty into the contract for the year. On the other hand, the tenant is, it may be, benefitted by having the use of his money till the end of the Fasli.

2. Section 4 of the Rent Recovery Act does not in terms require the entry in the patta of the amount payable, at each period on which payment is to be made, but it may be that nevertheless a patta ought to be held to be improper, if it does not give the tenant the necessary information on this point when such information is essential to enable him to know what he has to pay. In the present case the whole rent was due before the patta was tendered and such information is not necessary and as it is not required by the Act, I think the patios are not improper. Interest is not charged from any date before the close of the Fasli. I would, in these circumstances, allow the appeals and remand the suits for disposal by the Court of first instance.

3. Costs will abide and follow the result.

Pinhey, J.

4. It is admitted that both the lower Courts have erred in fact in stating that the dates of the various instalments are not given.

5. The patta Exhibit A shows that the rent is to be paid before the 15th of the marginally noted months.

6. It is contended that as the amounts of the instalments are not given in the vacant space provided for the purpose, Section 4 of Act VIII of 1865 has not been complied with. Section 4 merely requires the patta to state the periods at which payments are to be made. Exhibit A does this. There is no uncertainty. In the absence of specified instalments, a Court interpreting the document would be bound to presume that equal instalments were intended. I would allow the appeal and remand the suit for disposal according to law. Costs will abide and follow the result.


Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //