GOVINDA KAMATH Vs. ANNAMMA

JUDGEMENT

(1.) On the application filed by the first respondent the Land Tribunal fixed quantum of rent payable by the revision petitioner as Rs.75/- per month from January, 1985. Admittedly revision petitioner is holding the property as a commercial lessee. Appeal filed by the revision petitioner was dismissed by the Appellate Authority (Land Reforms).

(2.) Contention of the revision petitioner is that the Land Tribunal and the Appellate Authority went wrong in fixing the rent solely on the basis of the market value of the property in the locality. The short point that arises for consideration is whether it was competent to the authorities below to enhance the contract rent on the basis of the prevailing market value of the land in the locality.

(3.) S.106(1A) of the Kerala Land Reforms Act empowers the Land Tribunal on the motion of the lessor or lessee in the case of a commercial or industrial lease to vary the contract rent. S106(1) provides that a lessee of a property let out for commercial or industrial purpose 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. S.106(1A) mandates the authority to take into consideration such matters as may be prescribed to vary the contract rent. R.142(1) of the Land Reforms (Tenancy) Rules enables the lessor or lessee to file application after the expiry of twelve years from the date of the contract of tenancy or the date of re-fixation of rent for variation of the contract rent. R.142(2) envisages notice on such application to the opposite party. Land Tribunal is directed to make enquiry before passing the order on the application. R.142(3) provides that the Land Tribunal shall have regard to the rates of rent prevailing in the locality in respect of lands used for similar purposes.