PARAPPUR CHURCH PARAPPUR Vs. LONAPPAN

JUDGEMENT

(1.) In these appeals preferred by kanam tenants governed by the Travancore Cochin Kanam Tenancy Act, 1955, the only controversy is of the correctness of calculation of jenmikarams payable by them to their jenmis under the Act. It has been ruled by Krishnamoorthy Iyer J. in S. A. Nos. 1150 and 1151 of 1962 and by Narayana Pillai J. in S. A. Nos. 1533 and 1534 of 1965 that neither land revenue, nor a remission allowed for natural vicissitudes, can be deducted in the calculation of 'michavaram' within the meaning of the abovesaid Act. Counsel for appellants here challenges the correctness of those dicta.

(2.) Jenmikaram is defined in the Act as the sum total of michavaram and fractional fee. The fractional fees fixed by the Court below are not disputed: the controversy here is only as to the correctness of michavarams found.

(3.) Michavaram is defined in S.2 of the Act thus: