AIR 1941 MADRAS 196

Madras High Court

Hon'ble Judge(s): Wadsworth, Patanjali Sastri , JJ

Madras Agriculturists Relief Act (4 of 1938) , S.15— Suit by jenmi, against tarwad for redeeming kanom - Tarwad not agriculturist as paying land revenue over Rs.500 - Tarwad partitioned and kanom right in suit assigned to tavazhi - Tavazhi paying land revenue less than Rs.500 held agriculturist and entitled to apply u/S.15 - Application of S.15 to such case does not amount to repeal of Malabar Tenancy Act (14 of 1930), S.24. The jenmi filed a suit against tarwad for redemption of the kanom right. The tarwad paid land revenue over Rs.500 and was not therefore an agriculturist within the meaning of S.3 (ii), Proviso D of the Act. During the pendency of the suit, the tarwad was partitioned and the kamorn right was assigned to the tavazhi, lesser group of the tarwad which as a whole was liable to pay rent. The tavazhi admittedly paid land revenue less than Rs.500: Held that the tavazhi on assignment of the kanom right and liabilities after partition was under liability to pay rent such as entitled it to the benefit of S.15, and that the application of S.15 to the case in question did not amount to repeal of S.24, Malabar Tenancy Act: AIR 1939 Mad 186 and AIR 1941 Mad 44, Rel. on. (Para 197C1) .....