BOMMADEVARA NAGANNA NAIDU Vs. RAVI VENKATAPPAYYA

JUDGEMENT

(1.) THE appellants are the Zamindars of North Vallur Estate in Kistna district, and the respondents are the occupancy tenants of certain villages in the said estate.

(2.) IN 1904 the Zamindar, father of the appellants, brought before the Court of the Head Assistant Collector of the Bezwada Division, Kistna district, forty-nine summary suits under Section 9 of the Madras Rent Recovery Act, 1865, against the respondent raiyats to enforce the acceptance by them of pattas or leases for faslis 1314 and 1315 (1904 and 1905) which had been tendered to them. The Zamindar demanded asara or varam rates for wet lands. The tenants on the other hand denied the claim of the Zamindar, pleading that certain rates had been fixed in fasli 1292 (1882), which were alone recoverable and not the asara or varam rates (produce sharing system) demanded by the Zamindar. The suits were dismissed by the Head Assistant Collector, Bezwada Division, finding as a fact that the conversion of the asara rates into cash payment in 1283 fasli, which was confirmed in 1292 fasli, and had been acted upon ever since, was a permanent arrangement, and that the plaintiff (the said Zamindar) was not therefore entitled to impose on the tenants pattas on the asara basis. On appeal by the Zamindar, the District Judge affirmed the decrees of the Collector in respect of the finding of fact relative to the character of the arrangement of 1283 fasli, and upheld the orders dismissing the suits. On further appeal to the High Court of Madras, the High Court set aside the orders of the lower Courts, holding that the pattas tendered by the plaintiff were proper pattas, and that the defendants must accept them.

(3.) ON the one hand, on the 2nd October 1914, the appellants brought the present suits against the respondents, claiming dry cash cist (rent) for dry lands and claiming ambaram (rent in kind, or its equivalent in money) for wet lands, whilst the tenants (respondents) contended that the Zamindar was only entitled to dry cash rate on all the lands, and that the order of the Privy Council had so decided.