SUBRAMANIAN CHETTIAR Vs. ARUNACHALAM CHETTIAR

JUDGEMENT

(1.) The material facts of this case were not in dispute before their Lordships, and they can be briefly stated.

(2.) The Raja of Ramnad was the proprietor of the zamindari of the same name. On the 4th July 1895, he executed a reversionary lease of portions of his zamindari in favour of Ramasami Chettiar. The lease recited that there were subsisting leases affecting the properties demised, some of which would not expire till the fasli year 1318, corresponding to A.D. 1911. The new lease was accordingly made to commence with the fasli year 1319; it was expressed to be perpetual, the annual rent was fixed, its recovery, as well as that of road-cess and other charges, was provided for; and the rights and obligations of both parties defined. A counterpart of the lease was executed; and both lease and counterpart duly registered.

(3.) During the negotiations for the lease it was agreed between the Raja and Ramasami that, in consideration of his obtaining the lease, Ramasami should pay to the Raja a sum of Rs. 500 a month for a period of ten years from July 1895.