GOVINDASWAMY PILLAI Vs. RAMASWAMI AIYAR

JUDGEMENT

(1.) This Latters Patent Appeal is against the judgment of a learned Judge of this Court, who dismissed the civil revision petition filed by the defendant (petitioner and appellant) against the decree of the Subordinate Judge of Kumbakonam in Small Cause Suit No. 1480 of 1913.

(2.) The defendant was lessee of a garden for five years under a registered lease- deed, Exhibit B. The lease term expired in 1908. Then he executed an unregistered lease-deed, Exhibit A, in June 1909. But that lease deed is inadmissible in evidence for want of registration. The rent reserved for the whole garden under Exhibit B seems to have been Rs. 260 per annum. The plaintiffs originally owned one-fourth share in the garden and they purchased the other three-fourths share on 2 3rd October 1912 from the then owner thereof.

(3.) The suit was brought for rent due from the 1st September 1911 till the 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.