RAJARAJA VARMA VALIYA RAJA Vs. MEENAKSHI AMMA

JUDGEMENT

(1.) This second appeal has arisen in a suit for rent for the years 1133 and 1134 M.E.

(2.) 1st defendant is the tenant and defendants 2 and 3 are subtenants under him. The rent is claimed against the 1st defendant and charged on the lessees interest in the property. The annual rent fixed by agreement, evidenced by Ext. A 1, is 146 paras and 4 edangazhies of paddy and Rs. 38.

(3.) In regard to the subtenancy between the 1st defendant on the one hand and defendants 2 and 3 on the other, there was a proceeding for fixation of fair rent, evidenced by Exts. B 15 and B 16; but the plaintiff was no party thereto and therefore he contended it not to have any effect as regards him. The Courts below overruled his plea and on the basis of the fair rent between defendant 1 and defendants 2 and 3 and in the light of 3. 32 of the Malabar Tenancy Act, decreed annual rent payable to plaintiff at 119 paras 6 edangazhies of paddy and Rs. 19.91 ps. (The judgment says 199 odd paras, which counsel on both sides agree is a mistake for 119 odd paras only). Hence this second appeal.