Skip to content


Rajah P. Ramakrishna Rayaningaru Vs. Rangachariar and anr., and Audi Lakshmi Ammal - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtChennai
Decided On
Judge
Reported in32Ind.Cas.737
AppellantRajah P. Ramakrishna Rayaningaru
RespondentRangachariar and anr., and ;audi Lakshmi Ammal
Cases Referred and Alagappa Chettiar v. Tirunagawali
Excerpt:
landlord and tenant - remission--claim for remission of 'savi'--custom or contract not proved--claim, whether can be legally enforced. - 1. the plaint does not allege any custom to grant remissions in case of 'savi'. there is no finding of the existence of any such custom and the evidence as to custom is insufficient. the plaintiff in paragraph 3 of the plaint alleged an agreement to grant remissions but there is no evidence of any such agreement. in the absence of the proof of custom or contract the obligation to grant remissions is purely moral, and not legal, and cannot be enforced by suit. [thandavaraya moodaliar v. ramaswamy mudaliar sudder adalut reports of 1859, p. 105 and alagappa chettiar v. tirunagawali 13 m.l.j. 377 we reverse the decrees of the lower courts and dismiss the suits with costs throughout.
Judgment:

1. The plaint does not allege any custom to grant remissions in case of 'savi'. There is no finding of the existence of any such custom and the evidence as to custom is insufficient. The plaintiff in paragraph 3 of the plaint alleged an agreement to grant remissions but there is no evidence of any such agreement. In the absence of the proof of custom or contract the obligation to grant remissions is purely moral, and not legal, and cannot be enforced by suit. [Thandavaraya Moodaliar v. Ramaswamy Mudaliar Sudder Adalut Reports of 1859, p. 105 and Alagappa Chettiar v. Tirunagawali 13 M.L.J. 377 We reverse the decrees of the lower Courts and dismiss the suits with costs throughout.


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