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Damara Kumara Thimmia Nayamni Bahadur Varu Vs. Pullama Naidu and ors. - Court Judgment

LegalCrystal Citation
SubjectProperty
CourtChennai
Decided On
Judge
Reported in5Ind.Cas.510
AppellantDamara Kumara Thimmia Nayamni Bahadur Varu
RespondentPullama Naidu and ors.
Excerpt:
lease deed - remission for excess or failure of rains--what it means. - - exhibit a, however, makes no provision for remission in middling years,'but only for remission in, case of excess or failure of rains, and clearly abnormal seasons were alone contemplated.1. the subordinate judge finds that the season was middling 'one and that the defendants are entitled to partial remission. exhibit a, however, makes no provision for remission in middling years,' but only for remission in, case of excess or failure of rains, and clearly abnormal seasons were alone contemplated. we modify the decree of the subordinate judge by restoring the decree of the district munsif with costs in this and the lower appellate court.
Judgment:

1. The Subordinate Judge finds that the season was middling 'one and that the defendants are entitled to partial remission. Exhibit A, however, makes no provision for remission in middling years,' but only for remission in, case of excess or failure of rains, and clearly abnormal seasons were alone contemplated. We modify the decree of the Subordinate Judge by restoring the decree of the District Munsif with costs in this and the lower appellate Court.


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