MUTHIAH CHETTY Vs. PEYANDI THEVAN

JUDGEMENT

(1.) The pattas contain the dates on which payments of rent are to be made, though they do not contain a statement of the amount payable on each of those dates. They were tendered late in the Fasli after the last of the date was past and there is, therefore, nothing in the omission which can in any way mislead the tenant or injure him and nothing which introduces any uncertainty into the contract for the year. On the other hand, the tenant is, it may be, benefitted by having the use of his money till the end of the Fasli.

(2.) Section 4 of the Rent Recovery Act does not in terms require the entry in the patta of the amount payable, at each period on which payment is to be made, but it may be that nevertheless a patta ought to be held to be improper, if it does not give the tenant the necessary information on this point when such information is essential to enable him to know what he has to pay. In the present case the whole rent was due before the patta was tendered and such information is not necessary and as it is not required by the Act, I think the patios are not improper. Interest is not charged from any date before the close of the Fasli. I would, in these circumstances, allow the appeals and remand the suits for disposal by the Court of first instance.

(3.) Costs will abide and follow the result. Pinhey, J.