GOVINDASAWMI PILLAI Vs. RAMASAWMI AIYAR

JUDGEMENT

(1.) This Letters Patent Appeal is against the judgment of a learned Judge of this Court who dismissed the Civil Revision Petition tiled by the defendant (petitioner and appellant) against the decree of the Subordinate Judge of Kumbakonam in S.C.S. No. 14S0 of 1913.

(2.) The defendant was lessee of a garden for live years under a registered lease- deed, Ex. B. The lease term expired in 1908. Then he executed an unregistered lease-deed, Ex. A in June 1909. But that lease-deed is inadmissible in evidence for want of registration. The rent reserved for the whole garden under Ex. B seems to have been Rs. 280 per annum. The plaintiffs originally owned one-fourth share in the garden and he purchased the other one-fourth share on 23rd October 1912 from the then owner thereof.

(3.) The suit was brought for rent due from the 1st September 1911 till 14th November 1912 at Rs. 210 per annum with interest and costs and also Rs. 50 damages for the alleged injury caused to the land by the defendant s acts. The Subordinate Judge gave a decree for Rs. 290, and proportionate costs disallowing the claim for the Rs. 50 damages.