CHOCKALINGA NAYAKAN Vs. ARUNACHALAM CHETTIAR

JUDGEMENT

(1.) One Kolandaiswamy Devar obtained a lease for 30 years of the village in dispute from the Zamindar of Sivaganga in 1882. In 1886 he executed Exhibit I to the defendant. Exhibit F is the muchilika from the defendant to Kolandaisawmy. In March 1887 the suit village and other villages were permanently assigned to Kolandaisawmy by the Zemindar. The right of the assignee was purchased in Court-auction by the present plaintiff and he sues to recover arrears of rent from the defendant. The defendant pleaded that under Exhibit I he was bound to pay only the rent provided in the document and that plaintiff was not entitled to demand waram.

(2.) The main issue in the case was whether Exhibit I conferred a permanent right on the defendant. Both the Courts below were of opinion that it was not a permanent patta and that it was open to the plaintiff to revert to waram.

(3.) We are unable to agree with this con-elusion. The document on the face of it fixes a permanent rate of rent for all time to come. The words for ever and ever" occur in three places and are coupled further with words of inheritance, namely, the property shall descend to heirs. We are unable to hold that Exhibit I is merely a lease for a fixed period.