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Judges : KOSHI,KUMARA PILLAI
Neelakantan Neelakantan Namboori - Appellant
Versus
Kurien - Respondent
Case No : A. S. No. 306 of 1955
Decided On : 10/22/1956
Advocates Appeared :
V. Sankara Menon; For Appellant P. A. Krishna Iyer; For Respondents
S.16 - Verumpattomdar's Act - The court discussed the rights of the Verumpattom tenant to obtain a one-eighth share of the land value and the equitable rule regarding the sharing of land value when land outstanding on an irredeemable kanom is acquired by the State.
Fact of the Case:
The Verumpattom tenant sought a one-eighth share of the land value from the Kanomdar, based on S.16 of the Verumpattomdar's Act.
Finding of the Court:
The court found that the Verumpattom tenant was entitled to a one-eighth share of the land value and that the land value should be shared equally by the landlord and the kanomdar, as per the equitable rule.
Issues: Rights of the Verumpattom tenant under S.16 of the Verumpattomdar's Act, and the equitable rule for sharing land value when land outstanding on an irredeemable kanom is acquired by the State.
Ratio Decidendi: The Verumpattom tenant is entitled to a one-eighth share of the land value, and the land value should be shared equally by the landlord and the kanomdar, as per the equitable rule.
Final Decision: The appeal was dismissed, and the Verumpattom tenant was entitled to the one-eighth share of the land value without costs.
1. S.16 of the Verumpattomdar's Act created a new right in the Verumpattom tenant to obtain a one-eighth share of the land value and he must therefore get that whether that be from the share of the Jenmi or the intermediate land-holder, in this case the Kanomdar.12 Cochin Law Reports 237 (FB) evolved an equitable rule that when land outstanding on an irredeemable kanom is acquired by the State the land value should be shared equally by the land-lord and the kanomdar. What is available here for the two together is only the seven-eighth share. Applying the rule of the 12 Cochin case that has to be shared equally by the landlord and the kanomdar. That is exactly what the learned District Judge decided. There is therefore no merit in the appeal and we dismiss it, but in the circumstances of the case without costs.
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