VASUDEVAN NAMBEESAN Vs. MARIMUTHU PANDARAN

JUDGEMENT

(1.) In this appeal filed by the plaintiff, the main question that arises for consideration is the rate at which the price of paddy due to the plaintiff by way of jenmikaram has to be calculated. The courts below on the basis of the Notification No. E4-16727/56 RD dated 22 11 1957 (published in the Kerala Gazette dated 3 12 1957) issued under S.49 of the Kanam Tenancy Act, 1955 (XXIV of 1955) directed that the price of paddy has to be fixed at Re. 1 nP. 75 per para having a capacity of 480 ounces. The learned advocate for the appellant submitted that 480 ounces which is given as the capacity of one standard para in the above notification is a mistake for 440 ounces and in support of his submission he relied on the decisions in Hrishikesan Nambudiripad v. Madhavan 1965 KLT 989 and Koodalmanikkam Devaswom v. Kumaran, C. R. P. 734 of 1964.

(2.) S.49 clause (1) of the Kanam Tenancy Act, 1955 (Act XXIV of 1955) is in the following terms:

(3.) In their proceedings dated 31st March, 1956, the Government constituted a committee under S.49 clause (3) of the Kanam Tenancy Act, 1955 (Act XXIV of 1955) to advise them for fixing the rate of commutation for paddy and other commodities for the purposes of payment and recovery of Jenmikaram in the Cochin area. The report of the Committee is dated 7th of July 1957. In Para.6 of the report, it was stated thus: