KRISHNAPUR MUTT UDIPI Vs. P GOPALAKRISHNAYYA

JUDGEMENT

(1.) The appellant-Mutt filed against the respondent Original Suit No. 193 of 1956 on the file of the District Munisiff at Mangalore for recovery of arrears of mulgeni rent for 5 years claimed as due from the respondent at the rate of 19 muras of Kuchige rice plus enhanced assessment and half the cess payable in respect of the holding. The mulgeni is an ancient one, the original document in respect of which is not available. The respondent contended that though originally the rent stipulated was 19 muras of rice, it had been long ago, during the life time of his grandfather Venkappiah, permanently commuted into cash rent of Rs. 28-8-0 per year. He accepted his liability to pay enhanced assessment and half the cess, although before the institution of the suit he appears to have disputed his liability in respect of the latter. He also denied the plaintiff's right to recover interest on the ground that the plaintiff had unlawfully refused to receive rent tendered by him at the above commuted rate He deposited into Court the admitted amount due by him which was later paid over to the plaintiffs Advocate.

(2.) The trial Court accepted all the contentions of the defendant, dismissed the suit with costs and also directed the plaintiff to pay a sum of Rs. 50 to the defendant by way of compensatory costs in addition to the ordinary costs of suit.

(3.) The plaintiffs appeal No. 140 of 1957 before the subordinate judge's Court at South Kanara having been dismissed, it has presented this Second Appeal.