RELAM SUBBA NAICKER AVERGAL Vs. SUNDARABALA KATHIRESA THEVAR

JUDGEMENT

(1.) The appellant sued the respondent for recovering a sum of Rs. 872-6-6 being the arrears of Thirva and cesses due to him for faslis 1351 to 1354. The appellant is the Zamindar of Sevalapatti while the respondent is a tenant in occupation of certain holdings within the Zamin-dari. Under the terms of the compromise decree Ex. P. 1 dated 26-4-1898 in O. S. No. 11 of 1896, the tenants have to pay the landholder cist at the rate of 14 annas per sangali of punja and Rs. 2-7-0 per kottai of nanja in addition to any new cesses or taxes that might be levied fay the Government. Calculated on that basis, the cist due to the plaintiff from the respondent comes to Rs. 135-3-0 per fasli. The suit claim in addition to the cist, comprises cesses which are said to have been newly levied by the Government and paid by the plaintiff.

(2.) The suit was contested by the respondent 'inter alia' on the grounds that the rates mentioned in the razinama decree included all the cesses then being levied and the plaintiff is therefore entitled to recover only the theerva of Rs. 135-3-0 and the cesses specified in the compromise decree and that the claim for faslis 1351 and 1352 is barred under Order 2, Rule 2, C. P. C. in that the plaintiff did not include arrears of cist and cesses that accrued upto that date in O. S. No. 158 of 1943 which was filed for the recovery of rent and cesses for faslis 1348 to 1350.

(3.) The trial Court decreed the suit for the entire amount claimed holding that the plaintiff was enti'led to Local Board cess & education cess paid by him to the Government as there were decree (sic) and secondly that Order 2, Rule 2, C. P. C. was not a bar to the plaintiff's claim for cist and cesses for faslis 1351 and 1352.