R SHANMUGA RAJESWARA SETHUPATHI ALIAS NAGANATHA SETHUPATI AVL RAJAHOF RAMNAD, THROUGH HIS AUTHORISED DEWAN, RAO BAHADUR K SRINIVASA RAO AVL Vs. PERUMAL MOOPAN

JUDGEMENT

(1.) These appeals arise out of decrees in a number of suits brought by the Rajah of Ramnad (the appellant) anu the tenants (the respondents) against each other under Section 77, Madras Estates Land Act.

(2.) The Advocate-General for the appellant has argued that the findings of the District Court are erroneous under broadly speaking two headings: 1. That the rates awarded in respect of various crops are inadequate. 2. That the learned District Judge has put the burden of proving that waste lands, were uncultivated through no fault of the tenant on the landlord whereas it was for the tenant to adduce this evidence.

(3.) We. have after hearing the Advocate-General on point 1 indicated that in our view questions of the adequacy or inadequacy of rates (matters which have been most thoroughly investigated on evidence in the Courts below) do not call for an interference in second appeal being largely questions of fact and so far as this topic is concerned we dismiss the relevant appeals.