CHORI OUSO Vs. SASOON HELEGUA
HIGH COURT OF KERALA
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(1.) THE common question that arises in all the cases is whether a varamdar defined in the latter portion of Section 2, Sub-section (60) of the Kerala Land Reforms Act, 1963 (Act 1 of 1964) has got the right to file an application for the determination of 'fair rent' under Section 31 of the said Act. Section 2 (13) of Act 1 of 1964 defines 'fair rent' as meaning 'the rent payable by a cultivating tenant under section 27 or Section 33' of the Act.
(2.) IN the orders which are the subject-matter of C. R. Ps. 675 to 678 of 1966 the subordinate Judge took the view that the cultivating tenant has no such right. Though the same question is raised in C. R. Ps. 1174 and 1175 of 1966 the point was not raised before the appellate Judge. In the Original petitions which challenge the orders of the Land Tribunal, Moovattupuzha, the Land Tribunal conceded the right to the Varamdar'.
(3.) THE latter portion of Section 2 (60) of the Kerala Land Reforms Act, 1963 (Act 1 of 1964), hereinafter referred to as the Act, defines Varamdar' as meaning, 'the person who undertakes cultivation under a varam arrangement' and according to the earlier part of the same provision 'varam' means 'an arrangement for the cultivation of nilam with paddy and sharing the produce, made between the owner or other person in lawful possession of the nilam and the person who undertakes cultivation under such arrangement, and includes the arrangements known as 'pathivaram, pankuvaram and pankupattom'. According to Section 2 (38), of the act, nilam means 'land adapted for the cultivation of paddy'.;
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