MATHU Vs. PALIAM ESTATE AND ORS.

JUDGEMENT

(1.) THIS appeal is by the 1st Defendant and arises out of a suit filed on behalf of the Palish Estate for recovery of certain plots of land, aggregating in area to 1 acre 49 cents, on the basis of a with rent dues past and future. The original lesee was one Crashing Remain but by sockeye assignments, the Defendants 1 to 4 had come into possession of separate portions of the leasehold. Under the original lease arrangement, rent was due at the rate per year of 53 paras 7 Edangazhies and 8 Visams of paddy besides Rs. 2 -7 -10 pies way of tax, this tax portion having been reduced from 1114 to Rs. 1 -7 -3 pies.

(2.) ALL the Defendants contested the suit. Their contentions were however generally repelled by the court below and decree was passed in plaintiff's favour in terms of the plaint subject only to payment of certain improvement value ascertained by the commissioner's report in the case to the several Defendants.

(3.) TAKING up the first contention, as 1st Defendant's personal liability for rent, the 1st Defendant's case is that Ext. II assignment dated 24 -10 -1104 in his favour had provided for liability of 5 Paras of paddy and 3 annas only and it was only on that basis that rent and tax was paid by him and accepted by the Paliam estate. Vide Ext. 111 series of receipts between 1104 to 111. It was argued on his behalf that this rate must accordingly be taken to be the proper rate as between him and the estate.