RAJA RAJESWARA SETUPATI Vs. MUTHANAN SERVAI

JUDGEMENT

(1.) These are two suits which were brought by the Raja of Ramnad, as plaintiff against the cowledar, who held a lease of certain villages, as defendant. The two suits relate to two different villages. The date of the leases is 1894, and, there being no practical difference between them, it will be sufficient to quote one lease.

(2.) The lease, which is termed a cowlenama, was executed on December 10, 1894, and was in these terms:- Whereas cowle has been given to you for 30 faslis from fasli 1303 last with a poruppu of Rs. 420-10-10 per fasli according to peshkash rate, in respect of Vahaikudi village situate within the four boundaries mentioned below and, attached to Kottakudi division, Rajasingamangalam taluk, which is of the extent of nanja seed land kalams. 187-3-0 and punja kurukams 3-0-0 whose average per fasli for the aggregate 10 faslis from fasli 1289 to fasli 1298 works at Rs. 972 3-2, you shall enjoy the same together with mavadai maravadai thittuthidal, etc., in the said village and duly pay the said poruppu amount of Rs. 420-10-10, each fasli commencing from fasli 1303 last according to kistbund instalments whether you make cultivation or let the lauds or run waste and whether there be or be not any yield. In default, you shall make payment with interest at 1 per cent, per mensem from the date of default. You shall conduct repairs to the tanks, etc., in the said village. You shall be rendering accounts showing particulars of collections in. respect of cultivation made:in the village every fasli. Along with the said poruppu amount you shall pay the amounts for road cess, jari mahamai, dharma mahamai, etc., to be fixed bearing on the aforesaid accounts. In default of payment of the said poruppu amount, etc., you shall be liable to the following, viz., your being proceeded against under Act VIII of 1865, the said village being liable to the said amount falling due, your having no concern in the avarampattai, etc., lease and proceedings being taken according to law in case of default in any part hereof. Yourself and your heirs are bound to cause to be rendered every year the services to the Devastanam temples and the palace which have to be rendered during the Navaratri and Sankranthi and for dragging the car, as also to pay uluppai, etc, and you shall deliver possession of the village to the estate in the beginning of fasli 1333 when the cowle expires. To this effect is the cowlenama executed. An income of about Rs, 100 is derivable from the said village in respect of Dharma mahamai, Jari Mahamai, road cess, etc.

(3.) Then the particulars and the boundaries are set out.