SITARAMASWAMI TEMPLE Vs. CHUNDURI SATYANARAYANA MURTHY

JUDGEMENT

(1.) S. A. No. 804/77 is by a landlord against his tenant. He filed this second appeal complaining against a judgment a decree of dismissal of his suit O.s. No. 663 of 1973 passed by the District Munsifs Court. Tadepalligudem. In O.s. No. 663 of 1973 the landlord sued his tenant for recovery of an amount of Rs. 1,081-95 representing the arrears of rent. The landlord claimed the rent as payable to him by the respondent-tenant for three faslies of 1379 1380 and 1381 with respect to the plaint scheduled temple lands under the terms of a lease dated 19-8-68. The tenant bound himself to pay to the landlord rent of eight bags of paddy for each acre for each fasli before 31st January of each succeeding fasli. But the tenant failed to pay rent for the fasli year 1379. The tenant pleaded that his crops failed in 1379 fasli due to heavy cyclone But according to the terms of the lease deed. The rent was payable by the tenant even when crops failed due to excessive rains (Ativrusti and Anavrushti).

(2.) The suit was filed on the basis that the tenant failed to keep those corents as agreed to. To the suit claim the tenant set up a defence of invalidity of the term of absolute liability contained in the lease deed. The tenant pleaded that as in the fasli year of 1379, there was a total failure of crops due to a devastating cyclone in the coastal area of Andhra the rent for that year had not become payable. The tenant pleaded that he appended his signature to a printed paper purporting to be a lease deed without his fully knowing what he was doing and it would therefore not bind him. The tenant pleaded that due to a heavy cyclone of that fasli of 1379. There was a total loss of crop in the coastal districts of Andhra pradesh. He also said that the Revenue authorities accepting these facts had also granted to the farmers remission of and revenue payable to the Government for that year. The defendant-tenant also stated that the Executive officer of the plaintiff-temple inspected the suit land immediately after the cyclone and satisfied himself of the total failure of crops on account of cyclone. He further pleaded that he requested the commissioner of Hindu Religious and charitable Endowments Department through a written application to grant remission of maktha for the 1379 fasli.

(3.) The above factual pleas of the tenant were found by the courts below to be substantially correct.