NARIKKAL CHATHAN OF MUTHUVANNACHA AMSOM AND DESOM Vs. VEETHIYOTTILLATH KESAVAN NAMBOODIRI KARNAVAN AND MANAGER OF HIS ILLOM OF MUTHUVANNACHA AMSOM AND DESOM

JUDGEMENT

(1.) This second appeal has been placed before a Bench because there are conflicting decisions of Judges sitting alone with regard to the interpretation of Section 20, Clause (5) of the Malabar Tenancy Act, 1929. Section 20 opens with these words: No suit for eviction of a customary verumpattamdar, kuzhikanamdar or kanamdar shall lie at the instance of his landlord except on the following grounds.

(2.) There are six clauses in which the grounds are set out and Clause (5) is in these terms: That the period of the verumpattam, kanam or kuzhikanam, as the case may be, has expired and there has been no renewal and the landlord requires the holding bona fide for his own cultivation or for that of any member of his family or tarwad or tavazhi who has a proprietary and beneficial interest therein.

(3.) The question which falls for decision is whether the words "requires the holding bona fide" mean that the jenmi may, in? the circumstances stated at the beginning of the clause, resume occupation if there is a genuine intention to cultivate or whether he must show a real need to do so.