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Raja Kamadana Venkatanarasimha Ramachandra Row Bahadur Zamindar Garu, Zamindar of Guruza (Died), and ors. Vs. Konduri Chinna Venkayya and anr. - Court Judgment

LegalCrystal Citation
CourtChennai
Decided On
Judge
Reported in25Ind.Cas.57
AppellantRaja Kamadana Venkatanarasimha Ramachandra Row Bahadur Zamindar Garu, Zamindar of Guruza (Died), and
RespondentKonduri Chinna Venkayya and anr.
Cases ReferredVide Armugam Chetty v. Maja Jagaveera Rama Venkateswara Ettappa
Excerpt:
landlord, and, tenant - agreement to pay higher rate of rent executed before madras estates land act (i of 1903)--without consideration--void. - - 1. it is argued that the appellant is entitled to the rent claimed on the basis of an agreement (exhibit a) executed prior to the enactment of the madras estates land act whereby the tenant, after digging a well and making a garden, undertook, to pay a higher rate of rent.1. it is argued that the appellant is entitled to the rent claimed on the basis of an agreement (exhibit a) executed prior to the enactment of the madras estates land act whereby the tenant, after digging a well and making a garden, undertook, to pay a higher rate of rent. no consideration is alleged for this agreement and it is not enforceable as a contract. vide armugam chetty v. maja jagaveera rama venkateswara ettappa 8 ind. cas. 330 : 35 m 134 : 9 m.l.t. 76.2. the appeal is dismissed with costs.
Judgment:

1. It is argued that the appellant is entitled to the rent claimed on the basis of an agreement (Exhibit A) executed prior to the enactment of the Madras Estates Land Act whereby the tenant, after digging a well and making a garden, undertook, to pay a higher rate of rent. No consideration is alleged for this agreement and it is not enforceable as a contract. Vide Armugam Chetty v. Maja Jagaveera Rama Venkateswara Ettappa 8 Ind. Cas. 330 : 35 M 134 : 9 M.L.T. 76.

2. The appeal is dismissed with costs.


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