KRISHNANKUTTY MENON Vs. CHIRUKANDAN

JUDGEMENT

(1.) THE short point that arises for consideration in this CRP is whether the order of the learned District Munsiff amending the decree in O.S.296 of 1954 on his file,is justified under the provisions of S.7(1)of Madras Act XXII of 1956 read with S.32 of the Malabar Tenancy Act.

(2.) THE facts are not in dispute.The petitioner is the landlord of the suit items within the definition of that term as contained in S.3(19)of the Malabar Tenancy Act.The respondent had executed a Kana Kychit to the petitioner on 17 -4 -1946 agreeing to pay a rent of 78 Kozhikode paras of paddy in respect of the land taken on lease by him.As the rent was in arrears for 1129 M.E.the petitioner obtained a decree on 7 -6 -1955 for the said rent against the respondent in O.S.296/1954 District Munsiff's Court Kozhikode.

(3.) THE order of the Rent Court is Ext.A1,and the report of the commissioner on the basis of which a compromise was arrived at in CMA 119/1955,is Ext.A2.The Appellate order of the learned Subordinate Judge is Ext.A3.