SOMAYYA
Annakutty Moothans sons Maniappa Moothan – Appellant
Versus
Ullattil Gopalan Nayar – Respondent
Somayya, J.
1. S.A. No. 1145 of 1941.--After hearing exhaustive and elaborate arguments on the meaning to be attached to the several Malayalam expressions used in Ex. F-1 and other documents, I see no reason to differ from the conclusion arrived at by the learned District Judge. The Subordinate Judge no doubt took a different view but having had the benefit of the full arguments and after consulting the dictionaries I have no hesitation in saying that the District Judge is right.
2. The sole question for decision is whether land of no paras of seed covered by Ex. F-1 was dry land converted into wet land within Section 5 of the Malabar Tenancy Act. Wet land is, for the purposes of that Act, land which is adapted for the cultivation of paddy--see Section 3, Clause (x). Dry land is defined by Section 3, Clause (d) as land which is neither a wet land nor a garden land. We are not concerned with garden land in this case.
3. Under Section 5 of the Act in the case of a dry land converted into wet by the tenants labour, the fair rent is less than what it is in cases of other wet lands not falling within Section 5. The quantum of a fair rent determines the amount payable for a renewa
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