C MANI ALIAS RAMAN Vs. DAMODARA WARRIAR

JUDGEMENT

(1.) hese civil revision petitions which have been filed under Art.227 of the Constitution should have been numbered as original petitions.

(2.) The two revision petitions arise from proceedings for fixing the fair rent of the properties involved in two cases, under the Malabar Tenancy Act. S.4 of the Malabar Tenancy Act was amended by Act 22 of 1956 [Madras] by which an explanation was added to the section. The explanation reads as follows:

(3.) S.4 was amended while appeals were pending before the lower courts. S.7(2) of Act 22 of 1956 [Madras] states that the principal Act as amended by this Act shall also apply to petitions, appeals and other proceedings pending at the commencement of this Act. It is therefore clear that fair rent should have been fixed by the lower courts on the basis of the amended section.