CHINTAKAYALA THAMMIAH NAIDU GARU Vs. ATTILI MUSALIAH (DEAD)

JUDGEMENT

(1.) The question in this case is whether a licensee under the holder of a Dharimila Inam in a Zamindari for a period of 10 years with a right to tap date trees is a tenant within the meaning of the Section 73 of the Madras Act V/s. of 1884, so as to be liable to his licensor for the land-cess payable by the latter under the Act. The plaintiff is an intermediate landholder and had under decree Ex. B to pay Rs. 131- 2-6 to his landlord as land-cess for Faslis 1324 to 1326 plus costs of suit and he seeks to recover half of that sum from the licensees, the defendants.

(2.) The word "tenant" in the Act is defined to include all persons who occupy lands under a landholder. This definition is not illuminating, and considerations of the meaning of the word as used in other enactments do not afford much assistance either. It has no doubt been held, e. g., that the ryotwari holder of a tree patta is an occupier of land within the meaning of Section 6 of the Madras Forests Act [see Reference under Section 39 of the Madras Forests Act (1889) I L R 12 M 203 (F B)]. It would be unsafe to infer from that that a licensee of the right to tap date trees in a Zamin inam is a tenant within the meaning of the definition in Act V/s. of 1884.

(3.) I think the question has to be looked at from a different point of view. The tax which plaintiff has to pay to ths Zamindar is a "tax on the annual rent value of land." It is calculated under Section 64(3) of the Act on "the annual rent payable to the landholder by his tenants," and the landholder is bound to furnish the Collector under Rule 65, with a statement of the annual rent value of the lands occupied by his tenants or by himself. The word "rent" is not defined in the Act, and it is not clear whether or not it is intended to mean only the rent payable by an estate tenant as defined in the Madras Estates Land Act. I think it may be taken that the Local Boards Act does not contemplate any radical difference between the method of calculation of the rent value on ryotwari land and of the rent value on land held under any other tenure. Now in the case of ryotwari lands it is clear that the rent value is based on the assessment payable to Government for the land. Every one knows what that is, and I do not think it could be seriously argued that, if a ryotwari holder leased out date trees on his holding for tapping, the amount of that lease could be taken into account for the purpose of calculating the rent value of the land under Section 64(i) of the Act. A ryotwari holder is bound so long as he holds the land and therefore so long as he holds the right to lease out the trees upon it, to pay the assessment on the land. It is that and not the lease amount on which the ta x will have to be calculated.