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