Somayya, J.

1. This second appeal raises an interesting question whether under Section 17, Clause (c), Malabar Tenancy Act, 14 [XIV] of 3930, which provides that where all the lands covered by a kanam are dry lands, the kanamdar is not entitled to a renewal, the question is to be determined on the state of the lands at the date of the application for renewal or at the date of the kanam. In this case the kanam in question was executed on 2nd December 1921. The jenmi filed Order Section No. 172 of 1940 for redemption of the kanam and for recovery of possession from the kanamdar. Thereupon the defendant kanamdar filed an application under Section 22, Malabar Tenancy Act, to compel the jenmi to execute a renewal of the kanam. Under Section 22, Clause (1) a kanamdar is entitled to apply to the Court for the execution of a renewal deed and this notwithstanding any contract to the contrary whether made before or after the commencement of the Act We must now turn to Section 17 which enacts when the kanamdar is entitled to a renewal. Clause (a) of that section says:

A kanamdar shall on the expiry of the kanam under which he holds be entitled to claim and his immediate landlord shall b