SREE CHELIKANI VENKATARAYANIM GARU Vs. MAHARAJA OF PITTAPURAM

JUDGEMENT

(1.) The question which arises in these Letters Patent Appeals is one under Section 26(3) of the Madras Estates Land Act which reads as follows: Except as provided by Sub-section (1) no rate of rent at which land may have been granted by a landholder shall be binding upon the person entitled to the rent after the lifetime of the landholder if such rate is lower than the lawful rate payable by the ryot before the date of the grant upon the land or upon land of similar description and with similar advantages in the neigho bourhood.

(2.) The facts of the case have been very fully set out in the order of Madhavan Nair, J., in Second Appeals Nos. 140 to 144 of 1928 calling for a finding from the District Judge upon the question: Whether the rates now paid are lower than the lawful rates paid by these ryots on the suit holdings and, if lower, what were the rates that were paid before?

(3.) The learned District Judge's finding is that "the rates now paid are in fact lower than the rates agreed to by these ryots on the suit holdings."