AYYAPPAN Vs. SREEDHARAN NAMBOODIRI
HIGH COURT OF KERALA
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(1.) These revision petitions filed under S.103 of Act I of 1964, arise out of proceedings for fixation of fair rent under the said Act.
(2.) The contention of the respondent being the landlord who is the same in both cases is that the properties which are the subject matter of these petitions are usually cultivated with Mundakan crop besides Viruppu and Puncha crops and all the three crops should be taken into consideration for fixation of fair rent. The Tribunal took into account only Viruppu and Puncha crops for fixation of fair rent. The Subordinate Judge, on appeal by the landlord held that the produce of all the three crops has to be taken into account for fixation of fair rent and the applications were therefore remanded to the Tribunal for revising the fair rent fixed.
(3.) The question raised in these petitions relates to the mode of fixation of fair rent in the case of nilam on which more than one crop of paddy is ordinarily raised in an agricultural year. According to S.27 of Act I of 1964, the fair rent in respect of a holding shall be the rent payable by the cultivating tenant to his landlord and it shall be the rent calculated at the rates specified in Schedule.3 applicable to the class of lands comprised in the holding or the contract rent, whichever is less. In respect of nilams Schedule.3 provides for fixation of fair rent on the basis of the gross produce. S.2, sub-s.(16) of Act I of 1964 defining "gross produce" made thus:
''gross produce, in the case of nilam, means the normal produce of that nilam less the cost of harvesting and in the case of a garden or dry land, means the normal produce of that garden or dry land:
Provided that in determining the gross produce in the case of any double crop nilam account shall be taken as though only a single paddy crop, which shall be the principal crop, has been raised on the land, if it had been converted from single crop into double crop nilam at the tenant's expense, and as though two paddy crops have been raised on the land in other cases.
Explanation.-- For the purposes of this clause, "normal produce" in respect of any land means the produce which would be raised if the rainfall and the seasons were of a normal character;".;
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