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Judgment
We accept the findings that the property in dispute is included in the lease and that the tenant was not put into possession and is, therefore, entitled to damages. For Faslis 1308 and 1309 the landlord claims as rent Rs. 631 and Rs. 830 respectively as the balance due to him. He is entitled to this amount less the sum of Rs. 300 being Rs. 150 for each of those years.
The question raised next is whether the tenant is entitled to a reduction of Rs. 150 for each of the Faslis 1305, 1306 and 1307 in which the rent was fully or almost entirely paid. It is contended on behalf of the landlord that this cannot be recovered because the payments were made voluntarily by the tenant with full knowledge of all the facts. The lease, however, contained a condition according to which if the full rent were paid in any year the tenant could be evicted from the whole land and the lease forfeited, and a payment of the whole rent in view of the threat held out by this condition cannot, in our opinion, be regarded as a voluntary payment.
The tenant is, therefore, entitled to a reduction of Rs. 150 for each of these three years, and the landlord is entitled to the balance of Rs. 10 unpaid for Fasli 1307.
In the result, the tenant is entitled to a deduction of Rs. 750 from the total rent decreed with interest from the end of each Fasli year of payment in each year at 6 per cent, up to date of plaint.
We modify the decree accordingly.
Parties will pay and receive proportionate costs throughout.