PERIASWAMI KALIYARAYAR Vs. PERIASWAMI PADAYACHI
LAWS(MAD)-1950-10-5
HIGH COURT OF MADRAS
Decided on October 10,1950

PERIASWAMI KALIYARAYAR Appellant
VERSUS
PERIASWAMI PADAYACHI Respondents

JUDGEMENT

- (1.) This is a petn. by the pltf. to revise the order of the Subordinate Judge, Kumbakonam, dismissing his suit, S. C. S. No. 278 of 1948.
(2.) The suit was for arrears of rent. Govindammal, the owner of the properties, leased them to Periaswami Padayachi, the deft. for a term of 3 years commencing from 7-7-1945. On 30-10-1946, Govindammal granted a second lease of the properties in favour of one Koorathalwar for 10 years. It will be noticed that the currency of the second lease partially overlaps the currency of the first lease. It appears that on 8-11-1946 Koorathalwar issued a notice to Periaswami Padayachi informing him of the lease in his favour. On 7-1-1947, when both these leases had yet sometime to run, Govindammal granted a usufructuary mtge. of the properties in favour of the pltf. Thereafter, on 28-11947 Govindammal sent a notice to Periaswami Padayachi, the original lessee, informing him of the usufructuary mtge. that she had created. On 31-1-1947 the pltf. too sent a similar notice. On 15-9-1947 the pltf. sent a second notice through a vakil & as the rent he claimed was not paid, he instituted the action out of which the present revision petn. arises.
(3.) Periaswami Padayachi pleaded that on receipt of the pltf's. notice, he informed him that he was willing to pay him the arrears of rent, provided the pltf. would indemnify him against loss arising from the claims of Kurathalwar, that the pltfs. failed to comply with this requirement A therefore he paid the amount to Koorathalwar & that the pltf. is, therefore, not entitled to recover any rent from him.;


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