B RAJARAJESWARA SETHUPATHI Vs. TKKUPPAMMAL

JUDGEMENT

(1.) These are connected appeals. The question for decision in S.A. 1252 and 1253 of 1918, is whether the tenants are liable to pay an extra charge for vanpayir or garden crop raised on dry lands by means of wells dug at their expense. It is argued for the appellants that upon the evidence these wells should be deemed to have been dug about ten years before the filing of these suits. Though the trial- Court was of that opinion the finding of the lower appellate Court is otherwise. It has discussed the evidence both oral and documentary in paras. 4 and 5 of its judgment and found that the wells must have been dug long ago and that the vanpayir rate was being levied for over a century. The zamindar's claim for vanpayir is not therefore affected by Section 13, Clause 3, Estates Land Act. The finding of fact arrived at by the lower appellate Court has to be accepted in these second appeals.

(2.) S.A. Nos. 1252 and 1253 of 1918, are dismissed with costs (one fee for both.)

(3.) Two questions arise in the other two appeals.