SELVARASU Vs. K.A. GANESAN AND ORS.

JUDGEMENT

(1.) THE defendant is the appellant in this second appeal. He is admittedly the lessee in the suit properties consisting of 1 acre of land and 2 acre 39 cents of cocoanut thope in which the plaintiffs have 1/5 share, on an annual rent of Rs.1,000/ -. The plaintiffs' case is that the rent is too low compared to the income from the properties especially considering the 290 cocoanut trees and therefore the rent must be increased to Rs.2,900/ - per annum for the cocoanut trees and Rs.2,000/ - for the 1.00 acre of nanja land. Their further case is that for several years the defendant has not paid the rent and they are claiming arrears for three years past either as rent if he is a tenant or damage if he is not a tenant, and the plaintiffs share comes to Rs.980/ - per year. As stated above it is not in dispute that the plaintiffs are owners/sharers in respect of the suit land and thope. It is also not in dispute that both for the land and the thope the rent fixed was Rs. 1,000/ - per annum. The defendant resisted the suit contending that when the rent has been agreed to be Rs.1,000/ -, the plaintiffs cannot come to Court for fixing enhanced rent considering the income from the properties.

(2.) THE trial Court accepted the case of the defendant and dismissed the suit holding that the Civil Court cannot fix or enhance the rent over and above the agreed rent. On appeal by the plaintiff the first appellate Court however held the view that the Civil Court can enhance the rent considering the income from the land and it fixed the rent at Rs.400/ - per year for the plaintiffs' share for three years which aggregates to Rs. 1,200/ - in respect of cocoanut thope. In respect of Cultivable land it dismissed the spit. Aggrieved the defendant has come up in second appeal.