KOCHU VARKEY Vs. COCHIN THIRUMALA DEVASWOM

JUDGEMENT

(1.) The plaintiff in O.S. No. 77 of 1121 of the District Court of Anjikaimal is the appellant in this case. The plaint schedule properties belong to the Cochin Thirumala Devaswom which on the date of the suit was under the management of the Cochin Government. The Devaswom is now managed by its own trustees. The properties have been originally leased to one Puthenangadi Cheriathu Ouseph on 31.9.1194. Ext. A is the lease deed. The extent of the properties is 11 acres and 15 cents. They consist of paddy lands and cocoanut gardens. According to the plaintiff, the paddy land on the date of the lease, was 4 acres and 57 cents in extent, the remaining area being garden land. The annual rent is Rs. 306 As. 11 Ps. 7 inclusive of puravaka consisting of one bunch of cocoanuts and 451 cocoanut leaves valued at Rs. 20-1-11. The plaintiff took an assignment of the lease hold right from Cheriathu Ouseph.

(2.) According to the plaintiff a sum of Rs. 1531-11-2 was due to the Devaswom as arrears of pattom for the years 1116 to 1120. But the Devaswom claimed a much larger amount as arrears of pattom and took steps under the Cochin Revenue Recovery Act to realise the same. The plaintiff was therefore forced to pay Rs. 2069-11-7 in different instalments. It is alleged that the Devaswom collected an excess sum of Rs. 538-0-5. The suit is for reimbursement of the amount with interest at 6% per annum.

(3.) The Devaswom calculated pattom in respect of the garden land on the basis of S.5 sub-s. 2 of the Cochin Verumpattamdars Act VII of 1118. S.5 sub-s. 2 of that Act reads thus Where cocoanut is the major produce of a garden land and the pattom fixed therefor under the contract of tenancy is payable in money, it shall be obligatory on the part of the verumpattomdar to give and the lessor to accept the pattom accruing due after the commencement of this Act in kind computed on the basis of the market value of cocoanuts prevailing on the date of the contract of tenancy or the money value thereof computed at the market rate prevailing on the date on which such pattom accrues due. On the basis of this sub-section the Devaswom treated the pattom in respect of the garden land as one payable in kind computed on the basis of the market value of cocoanut prevailing on the date of the lease deed and claimed its money value computed at the market rate prevailing on the date on which pattom accrued due. It was on that basis that the Devaswom realised Rs. 2069-11-7 as arrears of pattom from 1116 to 1120.