RAJALAKSHMI AMMAL Vs. DURAISWAMY GOUNDER

JUDGEMENT

(1.) THESE two appeals arise out of the judgment and decree of the court of the Subordinate Judge of Udamalpet in O. S. No. 339 of 1978. The plaintiff is the appellant in A. S. No. 653 of l980 while the defendants are the appellants in A. S. No. 75 of 1984.

(2.) THIS is a suit for recovery of arrears of rent from the defendants for the periods 1974-75, 1975-76 and 1976-77 on the following averments. The schedule properties of a total extent of Ac. 6-94 in S. Nos. 84 and 85-A of Vadaboothinatham village in Udumalpet taluk belong to the plaintiff by virtue of a deed of settlement exsecuted in her favour on 2-12-1959 by the plaintiffs brother Muthusami Nadar. One Krishnaswami Gounder, father of defendants 1 to 7 and husband of the 8th defendant, was the tenant of the scheduled properties on an annual rent of Rs. 1,000. The said Krishnaswami died in August, 1973 and the defendants being his heirs have become the statutory tenants. The scheduled lands were leased out for raising paddy crop, but, the said Krishnaswamy began to cultivate sugarcane and the defendants also have continued to cultivate sugarcane crops. The plaintiff has been demanding equitable rent as the defendants were deriving a large income utterly disproportionate to the rent agreed upon. As the defendants failed to pay fair and equitable rent or reasonable compensation, the plaintiff filed a suit in o. S. No. 157 of 1976 on the file of the court below demanding equitable rent or reasonable compensation for the year 1973-74 for raising sugarcane crops. The learned Subordinate Judge decreed the suit for Rs. 8,341. 20 as the equitable rent for the year 1973-74. Both the parties preferred appeals before this court in A. S. Nos. 709 of 1978 and 392 of 1979 (the said appeals have since been disposed of and this court has fixed the reasonable compensation at Rs. 13,265 for the year 1973-74 ).

(3.) THE points that arise for consideration in these appeals are: 1. Whether the suit claiming equitable rent or reasonable compensation for raising sugarcane crops in the suit lands is maintainable in law" 2. To what amount of equitable rent or reasonable compensation is the plaintiff entitled" 3. Whether any portion of the suit claim is barried by time".