DAMODARA MENON Vs. VARIATH

JUDGEMENT

(1.) A short, but rather interesting and important, question arises for decision in this revision filed under S.103 of the Land Reforms Act. The question is whether a lessee inducted into possession of the property by a person having life interest alone is entitled to apply for fixation of fair rent in respect of the holding.

(2.) The Land Tribunal without going into the merit of the case and without recording a finding on the pleadings relating to the genuineness of the lease set up by the respondents herein (the petitioner and the legal representative of the 3rd respondent before the Land Tribunal), held that inasmuch as the party arrayed as the landlord had only a limited interest, the question of fixation of fair rent did not arise. The Land Tribunal, for its conclusion, placed reliance on clause.(vi) of sub-s.(1) of S.3 of Act 1 of 1964 as amended by Act 35 of 1969, which reads as follows:

(3.) The learned counsel for the revision petitioner contends that this view taken by the Appellate Authority is unwarranted by the provisions contained in clause.(vi) of sub-s.(1) of S.3 of the Act. According to him, it is immaterial whether or not the lease by the person having life interest is with the consent of other persons interested in the property. His argument is that if the lease is by a person who is having only a life interest, the exemption provision contained in S.3 comes into operation, and the petitioner before the Land Tribunal is precluded from applying for fixation of fair rent, as nothing contained in Chap.2 which deals with fixation of fair rent is applicable to tenancies created by a person having only life interest or limited interest in the property leased.