SREEMANT RAJA YERLGADDA MALLIKARAJANA PRASADA NAIDU BAHADUR ZEMINDAR GARU Vs. BANDI RAMASAWMI

JUDGEMENT

(1.) The parties entered into a contract in Fasli 1308 that in the case of dry lands cultivated with wet crops a fixed rate of Rs. 3 an acre would be paid. The District Judge holds that there was no consideration for the contract. Apart from other reasons as to the mutuality of the obligations of the contracting parties, it is enough to say that, there being no contract, the landlord was entitled to revert to varam and the parties could very properly agree to a fixed rule for the future in lieu of a fluctuating varam. On the other question raised by Mr. Prakasam that no sanction of the Collector has been obtained, it is enough to say that it is too late in the day to question the ruling of this Court that a contract is enforceable even though the effect of it may amount to an enhancement of the rent without the Collector s sanction. We set aside the decrees of the District Judge and direct the defendant to accept the Pattahs as tendered by the Zemindar. The appellant is entitled to his costs in this and in the lower appellate Court.