A SIVADAS Vs. SUBORDINATE JUDGE TELLICHRRY

JUDGEMENT

(1.) The question for decision is whether an order fixing the fair rent of a holding under S.16 of the Malabar Tenancy Act should be quashed under Art.226 and 227 of the Constitution.

(2.) The petitioner, a tenant, made an application in the Rent Court, Telli-cherry, for fixing the fair rent of his holding comprising of three items. The rent of each item had been fixed in the lease deed. The dispute now relates to the fair rent of item No. 3, a garden land 67 cents in extent. The rent for this land was 4 annas per annum under the lease deed. The Rent Court fixed the fair rent at 348 coconuts and 667 arecanuts per annum. On appeal, the Subordinate Judge of Tellicherry fixed the fair rent of this item at Rs. 132/- or 348 cocoanuts and 607 arecanuts, whichever was higher.

(3.) The main point urged by the petitioner is that item No. 3, being a garden land as defined by the Malabar Tenancy Act, fair rent should have been fixed under S.9 of the Act. Clause.5 and 6 of S.9 provide that the fair rent determined by the Rent Court under S.16 should not exceed twice the rent payable for the agricultural year 1949-50 and that if such fair rent exceeds the rent for the year 1949-50 the increase should be so spread over so that in no year the rent would be more than 1 1/4 times the rent payable for the previous year. According to the petitioner the enhanced rent should not therefore exceed more than a quarter of the original rent of 4 annas and in no case should it exceed 8 annas. The courts below fixed the fair rent under S.11 of the Act which relates to lands situated within the limits of any municipality or cantonment. The land in question admittedly is within the municipal limits of Tellicherry and fair rent was rightly fixed under S.11. Provision has been made in S.11 for fixing the fair rent of lands falling under two categories, namely, (1) those which are not built or planted upon or on which no crop is grown and (2) other lands, i. e , lands which are either built or planted upon or on which no crops are grown. The land in question falls under the latter category and fair rent had to be determined under S.11 clause (b) as was done by the Courts below. S.11 reads as follows: