UKKAYUMMAKUTTY UMMA Vs. CHOIYI CHOYIKUTTY

JUDGEMENT

(1.) THE respondents filed a petition for the fixation of fair rent in respect of R. S. Nos. 119/1, 119/2, 121/1 and 121/2 of Vazhur Amsom in the Emad Taluk before the Rent Court at Manjeri (R. C. No. 364/94-55 ). The petitioner before us contended before the Rent Court that Ext. B1 which is styled a panaya kychit does not spell a tenancy, that the respondents were not tenants within the meaning of that expression as defined in the Malabar Tenancy Act, 1929, and that the case should be dismissed on that ground. The Rent Court repelled her contention and fixed a sum of Rs. 60/- as the fair rent payable from the agricultural year 1954-55 as against the liability of Rs. 185/- specified in Ext. B.

(2.) THE petitioner applied to the Subordinate Judge of South Malbar, Kozhikode, but without success. The two points considered by the Subordinate Judge in his judgment are: (1) Whether the respondents were in possession of the property as mortgagees or as tenants, and (2) Whether the fair rent fixed was correct. Regarding the first point the Subordinate Judge said:

(3.) ACCORDING to the petitioner the jurisdiction of a Rent Court to fix the fair rent is confined to those cases where it is either admitted that the relationship between the parties is one of landlord and tenant or it has already been held to be such by an ordinary court of competent jurisdiction. In this case the nature of the relationship created by Ext. Bl is still in controversy and if the petitioner's submission is correct the action of the Rent Court was without jurisdiction and its order which has been confirmed by the Subordinate Judge in C. M. A. No. 29 of 1956 has to be quashed by an appropriate writ or direction from this court.