ANANTHANARAYANA IYER Vs. NACHAMMAL

JUDGEMENT

(1.) The only point in dispute in this C R.P. under S.103 of the Kerala Land Reforms Act, for short the Act, is relating to the compensation due to the petitioner landlord in respect of a land in the possession of the respondents cultivating tenants. The right, title and interest of the landlord vested in the Government by virtue of the provisions of S.72 of the Act, that came into force on 1-1-1970. The respondents made an application under S.72B of the Act for assignment of the right, title and interest vested in the Government. The Land Tribunal has fixed the compensation payable to the landlord on the basis of the fair rent under S.27 of the Act ignoring an earlier fixation of fair rent under S.33. The order of the Land Tribunal is confirmed by the Appellate Authority.

(2.) As per sub-s.(1) of S.72A, every landowner and intermediary whose right, title and interest in respect of a holding have vested in the Government under S.72 shall be entitled to compensation as provided for in sub-s.(2). The relevant portion of sub-s.(2) of S.72A is extracted below:-

(3.) In the present case fair rent of the holding was fixed as per the provisions of S.33 by order of the Land Tribunal dated 8-4-1965, on a joint application for fixation of fair rent filed by the landlord and the cultivating tenants on 4-4-1965. The fair rent fixed under S.33 should, therefore, be accepted as the fair rent of the holding notwithstanding the provisions of S.27 of the Act. Counsel for the respondents cultivating tenants submits that the fair rent fixed under S.33 exceeds the fair rent under S.27 and the Land Tribunal in fixing the fair rent has ignored the first proviso to S.33. That may be an illegality committed by the Land Tribunal in fixing the fair rent. But that does not render the order fixing the fair rent invalid. The Tribunal is vested with jurisdiction to fix fair rent under S.33 of the Act, and the order, in spite of the mistake pointed out, is binding on both parties. The compensation under S.72A and the purchase price under S.72D are to be determined on the basis of the fair rent fixed as per the orders of the Land Tribunal binding on both the parties. Any mistake in the order of the Land Tribunal cannot be set aside collaterally in these proceedings, and the fair rent already determined in accordance with S.33 is to be accepted as the fair rent notwithstanding the provisions in S.27 of the Act.