KELAPPAN NAIR Vs. PAYINGATEN

JUDGEMENT

(1.) The question for consideration in this revision petition is whether a Rent Court constituted under S.15 of the Malabar Tenancy Act, 1929, had jurisdiction to fix the fair rent of a kanom holding prior to the Malabar Tenancy (Amendment) Act, 1956 - Act 22 of 1956 - which came into force on 27-10-1956. The lower court held that such a jurisdiction did not exist prior to Act 22 of 1956, and the petitioner before us - a kanom tenant - questions the correctness of that decision.

(2.) According to Ansari, C. J , in C.R.P. No. 135 of 1960, decided on 5-4-1961, and in C.R.P. 134 of 1956 (K) decided on 9-6-1961, the Rent Court did not have any such jurisdiction. According to Raghavan, J., in his order of reference to a Division Bench dated 30-5-1961, it did have such a jurisdiction, and our task is to decide which of the two views is correct.

(3.) S.16 of the Malabar Tenancy Act, 1929, omitting the proviso thereto, reads as follows: -