PULPADAN MUHAMMED Vs. VADAKKUMPAT MANGALASSERY MANAKKAL KESAVAN

JUDGEMENT

(1.) In these two revision petitions a common question of law is raised, namely, whether in the case of a kanom transaction the 'contract rent' for the holding is the michavarom specified in the document or whether it is the figure mentioned in the document as the estimated "profits or pattom" derivable from the property with reference to which the michavarom is fixed after providing for deduction of interest on the kanarthom and the revenue, if any, stipulated to be paid by the kanomdar. In Vasudevan Namboodiripad v. Muhammed Kutty, 1975 KLT 727, a Division Bench of this court has taken the view that the contract rent in respect of a kanom transaction has to be taken as the total annual rent specified in the deed of demise without deducting from it land revenue, land cess and interest on the kanarthom. The correctness of that decision was doubted by another Division Bench before which these revision petitions originally came up for hearing and the revision petitions were, therefore, referred to a Full Bench. That is how the matter has come up before us.

(2.) The revision petitioners who were holding certain lands on kanam right under the respondent as per a demise dated 26-6-1909 filed O. A. No. 1153 of 1972 before the Land Tribunal, Manjeri under S.72B of the Kerala Land Reforms Act, 1963 (hereinafter called the Act) for assignment in their favour of the landlord's rights over the property comprised in the kanom deed. As per the terms of the kanom deed, out of the total profits derivable from the property estimated at 90 paras of paddy only 10 paras of paddy and 25 paise was payable to the landlord as michavarom after deducting the revenue and the interest on the kanom amount. It would appear that the revision petitioners are in possession of only some of the items comprised in the kanom deed and in respect of those items the proportionate michavarom had been fixed at 4 paras of paddy and 6 paise. The Land Tribunal held that the "contract rent" for the holding was the stipulated michavarom of 4 paras of paddy and Rs. 0.06 per year and since the petitioners had opted for fixation of the fair rent at 50% of the contract rent, the fair rent would be only 2 paras of paddy and Rs. 0.03 per year. The purchase price payable by the tenants was accordingly fixed by the Land Tribunal at Rs. 132196 being sixteen times the fair rent calculating the price of paddy at Rs. 4.14 per para. The respondent herein filed an appeal before the Appellate Authority (Land Reforms), Trichur A. A. No. 367 of 1975. The main contention urged in the said appeal was that the total "pattom" (profits) of 90 paras specified in the kanom deed as derivable from the property ought to have been treated as 'the contract rent' and that the Land Tribunal had acted illegally and erroneously regarding the michavarom payable under the document as the contract rent. This contention found favour with the Appellate Authority which held that the contract rent in respect of the portion of the property in the possession of the respondents was 36 paras of paddy and Rs. 2.40, being the proportionate share of the said portion out of the total "pattom" of 90 paras of paddy and Rs. 10 specified in the document. Accordingly the fair rent of the property was fixed at 18 paras of paddy and the purchase price payable for the landlord's rights in the land was fixed at Rs. 1212.62. The legality and correctness of the said decision of the Appellate Authority are under challenge in this revision petition.

(3.) The petitioner herein is the cultivating tenant in respect of an extent of 1.08 acres in R. S. No. 51/1 and 2 of Manoor Village. The property was being held by him under a kanom deed of 1934 which took in certain other lands also besides the lands under the cultivation of the revision petitioner. As per the recitals contained in that document the total pattom of the properties demised thereunder was specified as 106 paras of paddy and 8 annas and after deducting the interest from the kanom amount, 53 paras of paddy and 8 annas in cash was payable by the kanom tenant to the landlord as michavarom. The Land Tribunal took the view that the contract rent in respect of the holding is not the michavarom payable under the kanom document but the total pattom of the properties mentioned therein and that for the purpose of calculation of the purchase price payable by the petitioner for the lands under his cultivation the proportionate share of the total pattom had to be adopted as the basis for calculation. The result was that even though the michavarom actually payable to the landlord by the petitioner was only 23 1/2 paras of paddy per year the Land Tribunal fixed the purchase price at Rs. 3395.70 by treating the fair rent of the property as 55 paras of paddy. The said decision of the Land Tribunal was confirmed by the Appellate Authority (Land Reforms), Kozhikode in A. A. No. 1161 of 1974. The petitioner has approached this court with this civil revision petition filed under S.103 of the Act praying that the orders of the Appellate Authority and the Land Tribunal should be set aside and that the Land Tribunal should be directed to fix the purchase price afresh by treating the michavarom payable under the kanom deed as the contract rent for the purposes of the calculation of the fair rent of the holding and for determination of the purchase price payable under S.72D of the Act.