KUNHI AMMA Vs. NARAYANAN NAMBOORIPAD

JUDGEMENT

(1.) Two grounds were pressed in this O. P. One was that the courts below were wrong in disregarding the Revenue Inspectors report. His report is only an item of evidence in the case and not a conclusive piece of evidence. The courts below have considered the report and given good reasons for discarding the same.

(2.) The second point is based on S.9(5) of the Malabar Tenancy Act. Under S.9(1) of that Act the fair-rent is a share ascertained of the gross produce, and the courts below have fixed the fair rent in terms of commodities. But the rent payable as per the lease deed is Rs. 3/- per year, and this was the rent payable in 1949-1950. Under S.9(5) the fair rent should not in any case exceed twice the rent payable in 1949-1950. Although the fair rent has to be fixed under S.9(1) in terms of the produce, such rent for garden lands other than the pepper lands is payable under S.18 only in money. It would follow from these sections, that although fair rent for garden lands other than pepper land may or has to be fixed in terms of the commodities produced by the land, it has to be paid in money; and since the rent payable in 1949 as per the lease deed was only Rs. 3/- it would also follow that in the years when the price of the commodities payable on account of the fair rent is more than Rs. 6/- the tenant need pay only Rs. 6/- as fair rent. This was the second contention of the petitioner, and this contention has to be upheld as perfectly sound in view of the above sections.

(3.) The O. P. is allowed to the extent indicated in Para.2 above and dismissed in other respects. Parties will bear their respective costs.