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1972 Supreme(Ker) 203

K.BASKARAN
DAMODARA MENON – Appellant
Versus
VARIATH – Respondent


Judgment :-

1. A short, but rather interesting and important, question arises for decision in this revision filed under S.103 of the Land Reforms Act. The question is whether a lessee inducted into possession of the property by a person having life interest alone is entitled to apply for fixation of fair rent in respect of the holding.

2. The Land Tribunal without going into the merit of the case and without recording a finding on the pleadings relating to the genuineness of the lease set up by the respondents herein (the petitioner and the legal representative of the 3rd respondent before the Land Tribunal), held that inasmuch as the party arrayed as the landlord had only a limited interest, the question of fixation of fair rent did not arise. The

Land Tribunal, for its conclusion, placed reliance on cl. (vi) of sub-s. (1) of S.3 of Act 1 of 1964 as amended by Act 35 of 1969, which reads as follows:

"3. Exemptions. (I) Nothing in this Chapter shall apply to

(vi) tenancies in respect of land or of buildings or of both created by persons having only life interest or other limited interest in the land or in the buildings or in both:"

The Appellate Authority, however, reversed the finding







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