MERLA SURAMMA Vs. KAKILETI SAITA RAMASWAMY AND ANR.

JUDGEMENT

(1.) THIS second appeal is brought by the Plaintiff O. C. 100 of 1950 on the file of the District Munsif Court Kakinada against the decree of the Subordinate judge, Kakinada modifying that of the District Munsiff. The Appellant brought the suit for recovery of (lie value of 105 bags of paddy for the year 1949 -50. lie leased out the land to the Defendant under Ex. A -l on a central of 105 bags a year. The lease deed inter and provided that the rent was fixed irrespective of heavy rains or draught, etc. (athivrishti anavrishti doshamula vagaira) and whether the tenant cultivated the land or not. As the lessee defaulted in raiment of rent, the Plaintiff was obliged to file the suit.

(2.) THE suit was opposed chiefly on the plea that the Defendant was not liable to pay the lull rent as owing to unforeseen cyclone in October 1949 there was damage to the crop on the suit land and it yielded only 60 bags in all.

(3.) THE view of the Subordinate Judge is canvassed before me. It is urged by Mr. Krishna Rao that the lower court erred in thinking that the word "athivrishti" embraced cyclone also, and that since the rent was fixed taking into consideration the vicissitudes of nature it is not open to a tenant to ask for abatement of rent on the occurrence of any of the contingencies envisaged in the lease deed.