PERIA MARI GOUNDAN Vs. P.K. RAMASWAMI GOUNDAN

JUDGEMENT

(1.) THE question raised in this Civil Revision Petition centres on the proper interpretation of the Madras Cultivating Tenants' (Payment of Fair Rent) Act, 1956. The petition was heard by our learned brother, Kunhamed Kutti, J., in the first instance who has referred the matter to a Division Bench in the view that there is a conflict of judicial pronouncements in the two decisions, the first in Muthukumara Padayachi v. Sambandam Pillai : (1960)1MLJ20 , and the next in the unreported decision in C.R.P. No. 928 of 1960.

(2.) THE facts giving rise to this petition are quite simple. The petitioner is a tenant holding agricultural lands of an extent of 19.68 acres comprised in S. Nos. 46, 47, 55, 56 and 57 of Puliyampatti village, Pollachi taluk under the respondent, who is admittedly the owner. The respondent purchased the properties from one Palaniappa Chettiar. The petitioner was a tenant even under the vendor of the respondent. He has been holding these lands on lease all these years on a fixed cash rent of Rs. 625. The respondent filed an application before the Rent Court of Pollachi on 8th August, 1957 praying for the fixation of fair rent of this holding by the petitioner. The petitioner raised various untenable contentions, and managed to have these proceedings pending for a long time until the Rent Court fixed the rent by its order dated 8th June, 1961. The Presiding Officer of the Rent Court personally inspected the lands, recorded evidence, oral and documentary, and reached the conclusion that the total normal gross yield from the lands would be Rs. 7,015, per year, and that the fair rent payable would be 331/3 per cent of Rs. 7,015 namely, Rs. 2,338. The Rent Court further held that this fixation of fair rent of Rs. 2,338 would take effect from the date of the filing of the application for fixation of fair rent, namely, 8th August, 1957.

(3.) BOTH the petitioner and the respondent preferred appeals against the aforesaid decision of the Rent Court to the Rent Tribunal of Udumalpet. It may be mentioned that the District Munsif of Udumalpet constitutes the Rent Tribunal. The petitioner's contention was that the fair rent fixed was excessive and the respondent pleaded that the rent fixed was not adequate and proper. Both the appeals were heard together and the Rent Tribunal, on a review of the entire evidence on record and on a personal inspection of the lands by the Presiding Officer took the view that the proper fair rent would be the sum of Rs. 3,100 per year. Of course this fair rent fixed by the Rent Tribunal was to take effect from the date of the filing of the petition.