MAHALINGASWAMI DEVASTHANAM, TIRUVADAMARUDUR Vs. A T SAMBANDA MUDALIAR,

JUDGEMENT

(1.) Sri Mahalingaswami Devastanam, Thiruvadamurudur, leased out a large block of lands belonging to it of an extent of about 185 acres 1 cent of wet lands and 28 acres 27 cents of punja lands to A.T. Sambanda Mudaliar for a period of five faslis, 1358 to 1362 (1-7-1948 to 30-6-1953). The lessee, Sambanda Mudaliar, executed a registered lease deed in favour of the devastanam on 20-2-1948. He agreed to pay paddy rent consisting of 350 kalams in Kuruvai harvest and 2650 kalams in samba harvest, cash rent or Rs.50 and to deliver 555 bundles of straw every fasli year.

(2.) It appears that the lessee sub-let large portion, of his holding to various tenants about 40 in number. After the advent of Madras Ordinance IV of 1952, and Madras Act XIV of 1952 which came into force on 23-8-1952, 36 out of the 40 sub-lessees, of the lessee, Sambanda Mudaliar, filed applications before the Conciliation. Officer under S.13 of the said Act praying for fixation of fair rent. These applications were preferred by the sub-tenants of Sambanda Mudaliar impleading only Sambanda Mudaliar as party respondent. It is obvious that the sub-tenants of Sambanda Mudaliar who had no privity of contract with the Sri Mahalingaswami Devastanam, could not have agitated for fixation of fair rent as against the devastanam,

(3.) The devastanam filed the suit O.S. No.27 of 1956 on the file of the court of the Subordinate Judge, Kumbakonam, against its tenant Sambanda Mudaliar, for recovery of arrears of rent. For fasli 1361, the value of the paddy claimed was at the rate of Rs.6-13-6 per kalam and for fasli 1362 the value of the paddy was claimed at the rate of Rs.10 per kalam. The value of the hay bundles was claimed at the rate of one rupee per bundle. Arrears of cash rent was also claimed. The advance of Rs.4000 returnable by the devastanam to the lessee was adjusted towards the dues of the lessee and the net amount of Rs.9072-3-11 was the subject matter of the plaint claim. Interest at the rate of 51/2 per cent per annum was also claimed on the arrears due.