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

1943 Supreme(Mad) 94

SOMAYYA
Annakutty Moothans sons Maniappa Moothan – Appellant
Versus
Ullattil Gopalan Nayar – Respondent


JUDGMENT

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






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