MUHAMMED SHAHEER Vs. NANU VIDYADHARAN

JUDGEMENT

(1.) THE short question arising for consideration in these appeals is this : Are the defendants in the suits from out of which these appeals arise, who admittedly are claiming the benefit of S.106 of The Kerala Land Reforms Act, entitled to have the question relating to the said tenancy referred to the Land Tribunal under S.125(3) of the K. L. R. Act.

(2.) BEFORE we go into the merits of this point, it is necessary to understand the content of S.106. S.106 provides that notwithstanding anything contained in this Act, or in any other law, or in any contract, or in any order or decree of court, where on any land leased for commercial or industrial purpose, the lessee has constructed buildings for such commercial or industrial purpose before the 20th May, 1967, he shall not be liable to be evicted from such land, but shall be liable to pay rent under the contract of tenancy, and such rent shall be liable to be varied every twelve years. On a reading of this section it can be seen that it is a code by itself. That means the rights of the parties are to be determined only with reference to the provisions contained in this Section. That is the intention of the legislature can be seen from the non obstante clause employed in the Section namely "notwithstanding anything contained in this Act". If the tenant proves that he constructed the building for the commercial and industrial purpose for which the land has been taken on lease, and the said construction was before the 20th May, 1967, the tenant is not liable to be evicted from such land though he will be liable to pay rent under the contract of tenancy. The rent that is liable to be paid under the contract of tenancy however is liable to the varied every twelve years.

(3.) THE appellate court nonetheless has set aside the judgment and decree and remanded the case to the Trial Court with a direction that the Trial Court shall refer the question, whether the defendants are entitled to the benefit of S.106, to the Land Tribunal. It may in this connection be borne in mind that only questions which can be considered and decided by the Land Tribunal need be referred to the Land Tribunal under S.125(3). A tenant who is entitled to the benefit of S.106 continues to be a tenant unlike in the case of the tenants entitled to fixity of tenure. It should in this connection be remembered that on and from 1-1-1970 the only tenancy recognised under the K.L.R. Act is the one governed by S.106