LAWS(MAD)-1953-8-27

CHIDAMBARA IYER Vs. BHAVADASAN NAMBUDIRIPAD

Decided On August 10, 1953
CHIDAMBARA IYER Appellant
V/S
BHAVADASAN NAMBUDIRIPAD Respondents

JUDGEMENT

(1.) The question to be answered by the Full Bench. is whether a provision in a Kanom demise that a tenant shall pay to his landlord one-third of the price realised by leasing out the full growing forests for cutting trees is unenforceable as contravening the provisions of the Malabar Compensation for Tenants' Improvements Act (hereinafter to be referred to as the Act). The reference was necessitated by a conflict between two Bench decisions of this Court in -' Neelakantan v. Anantanarayana', AIR 1934 Mad 718 (A) and --'Sreedevi v. Kurikkal', AIR 1939 Mad 934 (B).

(2.) The suit out of which this reference arose was instituted in the Court of the District Munsif of Palghat for the recovery of Rs. 1336-12-11 being the one-third share of the amount realised by defendants by granting a felling lease of the reared forest comprised in the holding for Rs. 3800 and interest thereon The properties in question belonged in jenm Olappamanna Mana of which the plaintiffs are receivers appointed in O.S. No. 27 of 1938 Sub Court, Ottapalam, the defendants' family having held these properties on kanom demise ever since 1872. Part of the holding consists of a forest where fuel trees grow spontaneously and the mode of enjoyment of this forest is by granting a felling licence by the demises in four or five years. The material terms of the lease are as follows:

(3.) In the second appeal the only question agitated is as to the validity of the said provision in the lease. When it came on before our learned brother Satyanarayana Rao J. he felt that the case had to be decided by a Full Bench in view of the conflict mentioned above.