AIR 1969 KERALA 11 ::1968 Ker LT 428 ::1968 Ker LJ 397 ::ILR (1968) 2 Ker 29

Kerala High Court

Hon'ble Judge(s): M. Madhavan Nair, T. S. K. Iyer, V. Balakrishna Eradi , JJJ

Kerala Land Reforms Act (1 of 1964) , S.31, S.2(60), S.2(8), S.13(1), S.35, S.8, S.10(3)— Tenancy Laws - "Varamdar" defined in latter part of S.2(60) is entitled to apply for fixation of fair rent u/S.31 - Varamdar is "a deemed tenant" and is included in definition of 'tenant' - He has cultivating possession and is lessee - Essentials of lease. Transfer of Property Act (4 of 1882) , S.105— Civil P.C. (5 of 1908) , Preamble— Interpretation of statutes - "Deeming" provisions in definition - Inclusive definition, scope of. Section 31 of the Kerala Land Reforms Act insists that the determination of fair rent has to be done at the instance of the cultivating tenant or any landlord.(Para 5) 'Cultivating tenant' defined in Sec. 2 (8) means 'a tenant who is in actual possession of, and is entitled to cultivate, the land comprised in his holding'.(Para 6) Under Sec. 2 (45) 'possession' in relation to land includes occupation of land by a person deemed to be a tenant under Ss. 4, 5, 6, 7, 8, 9 or 10.(Para 17) A lease is not a mere contract but is a transfer of an interest in immovable property. Section 105, T. P. Act recognises also a lease of immovable property in consideration of a share of crops. The fundamental conception of a lease is that it is the separat....