1. In the written statement the defendant stated that Rs. 1-6-0 was a fair price per kalam of paddy. The Collector found that Rs. 1-6-0 was a fair rate, The defendant at the trial in that Court did not claim more. The District Judge has not given reasons for admitting additional evidence at the hearing of the appeal, and he was not justified in accepting the list of prices prepared in the Collector's office without further proof that these were prices actually prevailing in that locality during the years in question. The Court of first instance had evidence before it from which it might have decided what was the actual average out turn in grain on the suit lands in Aduthorai, during the preceding ten years, excluding famine years, as prescribed by Section 40, Clause (3)(a), of the Madras Estates Land Act, and thus had no need to base its finding on the out turn of grain in the adjoining village of Vichitrarajapuram, although under Clause (3)(6) the Court might have taken into consideration money-rents paid on lands of a similar description in neighbouring villages. We must call for a fresh finding on issue No. 3 from the present District Judge on the evidence on record, the decision to be based on the considerations laid down in Section 40 of the Act.
2. The finding should be returned within one month of the re-opening of the District Court of Tanjore after the mid-summer recess. Seven days will be allowed for filing objections to the finding of the District Court after notice of the return of the said finding shall have been posted up in the High Court.
3. In compliance with the order contained in the above judgment, the District Judge of Tanjore submitted the following
4. I record a finding, therefore, that the proper rate of rent is 125 kalams 6 3/8 marakals of kuruvai per veli for 1st crop and 62 kalams and 9 3/8 marakals of sambha per veli of 2nd crop on double crop lands and 68 kalams 10 3/8 marakals of sambha per veli on single crop lands.
5. The High Court has held, in the order of remand, that Rs. 1-6-0 is the proper price per kalam of paddy. I find, therefore, that the money-rent payable on commutation is Rs. 172-9-8 per veli for kuruvai 1st crop and Rs. 88-5-2 per veli for sambha 2nd crop on double crop lands and Rs. 94-11-0 per veli for sambha on single crop lands, and return a finding accordingly.
6. This second appeal coming on for final hearing this day after the return of the finding of the lower Appellate Court upon the issue referred to it for trial, the Court delivered the following