SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

1965 Supreme(Ker) 117

M.MADHAVAN NAIR
Ummerkutty Haji – Appellant
Versus
Assan Haji – Respondent


Judgment :-

1. This second appeal is in a suit for rent due under the kanom kychit, evidenced by Ext. A-1 dated September 28,1950.

2. Ext. B-1 dated January 18,1942, is the original kanom between the parties under which the kanom amount was Rs. 50/- and the annual rent Rs. 30/-. No definite term was stipulated in that deed. On August 11, 1944, it was renewed for a term of 6 years by Ext. B-2 raising the kanom amount to Rs. 100/-and the annual rent to Rs. 66/-. Ext. A-1 is a kychit, in renewal of Ext. B-2, executed by the defendant agreeing to pay an enhanced rent of Rs. 110/- per annum. It is conceded that the rent upto 1131 M.E. had been paid according to Ext. A-1 This suit is for the rent for 1133 M.E. (1957-58). The defendant contended that Exts. B-2 & A-1 are invalid and that therefore he is bound to pay only the rent stipulated under Ext. B-1. The courts below accepted his plea and decreed rent as per Ext. B-1. The plaintiff has come up in second appeal.

3. S.17, the Malabar Tenancy Act, 1929, originally, provided: "A kanamdar shall, on the expiry of the kanam under which he holds, be entitled to claim and his immediate landlord shall be bound to grant a renewal, enuring for a p












Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top