SAMANTHAN KARAKKATTITATHIL CHANDUKUTTI NAMBIAR AND ANR. Vs. AMMAD KUTTIS SON KATHER KUTTY KARNAVAN AND MANAGER AND ORS.

JUDGEMENT

(1.) THE appellants filed a suit for rent due under a registered marupat, dated 7th December, 1928, to the plaintiffs as representing the jenmi's interest. It is common ground that the documents under which the land was held provides for payment of rent in kind. The only question argued in appeal is whether the Courts below were right in fixing the commutation rate with reference to the terms of Section 51(2) of the Malabar Tenancy Act or whether plaintiffs are entitled to the market price of the produce as on the date of the plaint. Section 51(2) runs as follows:

(2.) IN these circumstances, we do not see sufficient reason to differ from the line of decisions, and we hold that the plaintiffs were entitled to convert the rent at the market price prevailing as on the date of the suit. The appeal is, therefore, allowed with costs and the plaintiff will have a decree as prayed for.