RAJA OF PITHAPURAM THROUGH M SUBBARAYADU GARU, DEWAN AND AUTHORISED AGENT Vs. JONNALAGODDA VENKATASUBBA ROW

JUDGEMENT

(1.) The defendant was let into possession before the Madras Estates Land Act under Exhibit III which fixed the rent at Rs. 221 per fasli. Settlement operations began in the zemindari, and the Settlement Officer recommended that a rent of Rs. 394 should be levied on the holding.

(2.) Consequently in July 1907 the defendant agreed to pay Rs. 394 and odd a year, as he understood that to be the recommendation of the Settlement Officer. Meantime the Madars Estates Land Act came into force, and the defendant became a permanent tenant. After the first year was over, disputes arose regarding the rate of rent. Nothing was paid for Fasli 1318. Then the officials of the zemindari suggested that the rent should be brought down to Rs. 285. The defendant agreed to this, but stipulated that this rate should not apply to Fasli 1318. The defendant paid at the rate of Rs. 285 for Faslis 1318, 1319 and 1320. The present suit is to recover the balance due on the footing of the rent agreed in July 1907.

(3.) The Deputy Collector gave the plaintiff a decree for rent at the rate claimed by him. The District Judge held that he is not entitled to anything more than 285 rupees a year. We think the lower Appellate Court is right. It was argued before us that as the only binding agreement was that entered into in July 1907, under Section 52 of the Act, it is enforceable for the suit faslis. We are unable to uphold this contention. Chapter IV deals with permanent occupancy ryots. The agreement come to at a time when the defendant was only a yearly tenant cannot apply to his changed status. Further, we are of opinion that Section 52 only applies to pattas and muchilihas exchanged since the Act came into force. Under the old Act, pattas and muchilikas remained in force only for a year and we see no ground for giving retrospective operation to Section 52. The only provisions which enable Courts to fix the rent are contained in Sections 27 and 28. There were payments at the rate of Rs. 285 for a number of faslis. This was in pursuance of a compromise arranged between the parties. Although there were disputes regarding some unessential particulars, we think that the parties were agreed on the main question as to fixing the rent at Rs. 285. This was the amount lawfully paid in faslis 1318 to 1320 and was lawfully payable in the subsequent fasli under Section 28 of the Act.