SRUGARAM APPANNA Vs. KADAGALA VENKANNA

JUDGEMENT

(1.) The only question in this second appeal is, what is the effect of the provisions of sec. 4 of the Madras Act XXX of 1947 (The Madras Estates Land (Reduction of Rent) Act, 1947) on the rights of parties in a suit for recovery of rent under sec. 77 of the Madras Estates Land Act.

(2.) The facts are:-The plaintiff is the landholder of the inam village of Bhyripuram. The defendant is a tenant under her. The plaintiff filed a suit, S.S. No. 770 of 1948 on the file of the Special Deputy Collector's Court, Vizianagaram, against the defendant for recovery of a sum of Rs.198,.00 being the rent alleged to be due to her as per the conditions of the muchilika, Exhibit P-1, dtd. 25/9/1943, executed by him in the plaintiff's favour. The defendant admitted the rent of 18 putties of paddy, but plea' led discharge of 10 putties and disputed the money value at which the rent was claimed. The Special Deputy Collector rejected the plea of discharge and decreed the full quantum of rent in kind. He calculated the price on the basis of the rate at which the Central Co-operative Stores, Ltd., Vizianagaram, acquired the second rate paddy from the defendant. In the result, he gave a decree for a sum of Rs.154.002-0 and costs of the suit. The plaintiff preferred an appeal to the District Judge of Visakhapatnam claiming that the rate should have been fixed at Rs.11.00 per putti instead of at Rs.8.009-0. The defendant preferred a memorandum of cross-objections in so far as the decree of the Special Deputy Collector went against him. The learned District Judge accepted the findings of the Special Deputy Collector. But, on the basis of the provisions of Act XXX of 1947, reducing the rent to i/nth of the existing rate, he gave a decree only for a sum of Rs.14.000-2. Hence the above second appeal.

(3.) The learned counsel for the appellant, Mr. Dikshitulu, contends that the provisions of Act XXX of 1947 have no application to a case where a suit has already been filed for recovery of rent, or, in any view, to a case where a decree has been obtained in respect of the rent claimed. The relevant provisions of the Act may now be read :