SRIPADA SATYANARAYANA SARMA Vs. RAVIKANTI VENKATARAMAMURTHY

JUDGEMENT

(1.) This appeal coming on for hearing, upon perusing the grounds of appeal, the judgment and decree of the lower Court and the material papers in the suit and upon hearing the arguments of Mr. Y. Suryanarayana, Advocate for the appellant, and of Mr. B. Jagannadha Das Advocate for respondents 1 to 3 and Mr. G. Lakshmanna Advocate for respondent 1 and respondent 5 not appearing in parson or by pleader, it is ordered that the District Judge of Ganjam do within two months from the date of the receipt of this order submit findings on the following issues, namely: (1) Whether the receipt of rent on 14 December 1926, by defendant 1 as set forth in Ex. I-A amounts to waiver by defendants 1 to 3 of the right of forfeiture within the terms of Ex. A. (2) Whether the failure to pay instalments due upon 15 Jauuary 1927 and 15 February, 1927, amounts to a failure to pay consecutively for three yean within the terms of Ex. A, and entails forfeiture and that the parties be at liberty to adduce fresh evidence thereon and it is further ordered that the parties be at liberty to file objections, if any, to the said finding within 10 days after notice of the receipt of the same shall have been posted up in the notice board of the High Court.

(2.) In obedience to the above order the District Judge of Ganjam submitted the (following findings:

(3.) I have been directed by the High Court to submit findings on the following issues:? (1) Whether the receipt of rent, on 14 December 1926, by defendant 1 as set forth in Ex. 1-A amount to a waiver by defendants 1 to 3 of the right of forfeiture within the terms of Ex. A. (2) Whether the failure to pay instalments due upon 15 January 1927 and 15 February, 1927 amounts to a failure to pay consecutively for three years within the terms of Ex. A and entails forfeiture. Issue 1. - I find therefore that on issue 1 that the receipt of rent on 14 December 1926, by defendant 1 as set : forth in Ex. I-A amounts to a waiver by defendants 1 to 3 of the right of forfeiture within the terms of Ex. A. Issue 2. - It is clear that, as the forfeiture incurred by the end of Fasli; 1336 has been waived, no forfeiture can be Incurred until three years after that date. The failure to pay instalmanta duo on 15 January 1927 and 15 February 1927 does not therefore amount to a failure to pay consecutively for three years within the terms of Ex. A. In relation to the question of forfeiture it amounts only to a failure to pay for one year within the terms of Ex. A.