IN RE: A L A R R M ARUNACHALAM CHETTIAR, ZAMINDAR OF DEVAKOTTAH THROUGH HIS AGENT, D MINAKSHISUNDARAM AIYAR Vs. STATE

JUDGEMENT

(1.) Two questions are common to most of these second appeals and they are: Whether the zemindar (appellant) is entitled to charge 12 fanams per kurukkam on dry lands as rent or only to 10 fanams? Whether he is entitled to levy rent on the dry area left waste without the tenant s negligence?

(2.) The first question has been decided as a question of fact by the District Judge and we can see no grounds for interference on second appeal with that finding, which has been based on a consideration of the whole evidence.

(3.) On the second question the appellant s learned Vakil (Mr. A. Krishnaswamy Aiyar) relied on Section 4 of the Estates Land Act for his contention that neither custom nor contract could deprive the zemindar of his right to charge rent on the area left uncultivated. Butthe case reported as Segu Rowthen v. Alagappa Chetty 22 Ind. Cas. 83 : 26 M.L.J. 269 : (1914) M.W.N. 340 and the decisions in Second Appeals Nos. 1244 and 1245 of 1913 of this Court have held that agreements and customs entitling the tenants to claim non-liability for rent on the area left fallow can be successfully set up notwithstanding Section 4 of the Estates Land Act.