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PREAMBLE.
, i'l
!:I
SECTIONS
:
PRELI'MINARY
1. ( I ) Short title.
(2) Locdl extent.
(3) Commencement.
2. Exemptions.
CHAPTER I.
DEFINITIONS.
3. Definitions.
CHAPTER [I.
FAIRRENTS.
4. Interpretation clause.
5. Fair rent of dry Iands converted into wct by
tenant's labour.
6. Fair rent of other wet lands.
7. Fair rent of wet lands in Wynaad and Gudalur
taluks. I
8. Calculation of produce of double-crop wet lands.
9. Fair rent of garden lands.
10. Fair rent of drq lands.
11. Fair rent of lands within rnunicipitr or
cantonment limits.
12 Fair relit of wet land not used by tenall1 as such
13. Fair rent of protected ulkudis.
14, Exclusion of certain lands from liability to
fair rent,
\
15, Rent Courts.
16, Dztermination of fair rent by Rent Court.
\
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"*I"
2%:
SECI'IONS : ,.
/
21. Right of certain classes of tenants to fixity of
tenure.
i
22. Right to prove real nature of transaction.
7 2j:Ore~ds for eviction of cultivating verum-
pattamdar.
24. Tenant's right to sue for restoration. ofposces-
sion of laad in certain cases.
CHAPTER I V .
RENTS.
$8 , &L." ,
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1930 : T.N. Act XIV] Malabar Tenancy 305
CHAPTER V.
KUDIYIRUPPUS ULKUDIS.
AND PROTECTED
SECTIONS,
34. Kudiyiruppu-holder's right to purchase his
landlord's rights in certain cases.
35. Landlord's right to sue Tor possession of kudi-
yiruppu in certain cnscs.
36. Landlord's rights in relat'on to protected ulkudi.
CHAPTER VJ. -
MISCCLLANEOUS.
37. Tenant's rights to bc heritable and alienable.
I
I
3s. Tenant's right to avail h'imsclf or'the provisions !
of Chapter TIT in certain cases.
39. Arrears of michavaram and rent to be a first
charge on holding after revenue.
40. (1) Right of holder of de,.ree for cvjction of
kuztiikanamdar or kanam-kuzl~ikanamdar to !
apply f01 sale of holding.
(2) Right of tcnant to bid at such solc.
41. (1) Ljmitatio~~ for suits for rertoration undcr
seotions 24 and 26.
(2) Pcrs~)l~se ~ ~ t i t l ctdo ~.cstoration.
42, SUrrcrldcl.of 11oldi11gs.
1
the Act.
125-14-20
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cy [1930: T.N. Act XIV
- -
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transferee ; / 1) I
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(15) 'Kanam-kuzhikanam' means and includes 'Kanan- l l
occupation ; I
'The words and figures " but does not include a mulgenidar as
defined in the Mulgeni Rent E+awment Act, 1920, in tho villages
rn the South Kanara d~str~ctspecfied in the Schedule wereomittec
by clause 3 of, and the Schedule to, the Madras Adaptation of Law:
Order,1957.
8 Tho words " outside Fort Cochin " wore omittcd by {bid,
I --<.- --
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I
I
I 'wet land'. (30) ' Wet land ' means land which is adapted for
the cultivation of paddy.
I
I
CHAPTER11-FAIR RENTS.
Int.rp--
tation 4. In this Chapter-
clause.
> * *
I..^ , , - - A --- - &--
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I ,
that is to say, were neither unduly favourable nor
unduly unfavourable, on the class of land to which /I'
'1
it belongs and in the same situation and possessing the
same advantages, as determined by the Rent Court
in accordance with such rules as may be prescribed :
Provieed that the ~ o r m a produce
l of any land a I
, I st
1 ij
Provided that where a coconut t'iee has been I
let for tapping, its produce of nuts for the purposes i 1'
1 ,
of this sub-section during the said three years shall be
deemed to be the same0asthe produce of nuts during
the three years of a tree of a similar description and
with similar advantages in the neighbourhood
which has not been let for tapping. I / j
I I
(3) As regards areca trees and pepper vines 1 1
I
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whichever is higher :
Provided that in the case of a kudiyiruppu
situated within the said limits, fair rent shall be-
(i) if the kudiyiruppu is twenty-five cents
or less in extent, the fair rent determined under sections
5 to 10 or the fair rent determined under sub-section
(a) of this section, whichever is less ;
(ii) if the kudiyiruppu exceeds twenty-five
cents in extent, the fair rent determined under clause (i)
up to twenty-five cents, and in respect of the extent
in excess thereof, the fair rent determined under
sections 5 to 10 or the fair rent determined under
sub-section (a) of this section, whichever is higher,
coconut trees, areca trees and pepper vines, if any,
on the kudiyiruppu being deemed for the purposes
of this paragraph to be evenly distributed over the
entire extent of the kudiyiruppu.
Fair rent of 12. Notwithstanding anything contained in sec-
wet land not tions 5 to 11, where a wet land is not used as such
as such.
by by the tenant, the fair rent payable in respect of the
land shall not be less than the fair rent which would
have been payable if it had been used as wet land.
Fair rent of
protected 13. Notwithstanding anything contained in sections
ulkudis. 5 to 12, in the case of a protected ulkudi '[
rent be payable for the site of the protected ulkudi
2[
] under the permission granted
for occupation, then, fair rent shall be an amount
equal to twice the annual assessment payable in res-
pect of the extent of the site:
Provided that where the hut does not belong to
the holder of the protected ulkudi '1 ] the said
.
holder shall pay in addition to the fair rent aforesaid,
iluwu~ll-
I J&--L.--& --------1~~.~-*.~..i(*W~-~-.
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such rent for the hut as may be agreed on or h the
I
absence of agreement as may be determined by the
Rent Court in such manner as may be prescribed. 1
14. Notwithqtanding anything contained in &clution . I
smtio~ls5 t o 13, where any land included in a hold- gEi$$$,
ing is set apart for communal purposes, and is used to fair
for such pbrposes, the extent of the land so set
apart shall not be taken into account when determi 1-
ii:g the fair rent of th : holding in accordance with
those sections.
15. (1) The State Government may, by notifioa- P.ent
tion in the Fort St. George Gcrzttte, constitute for any CO"rts.
area specified therein, a Rent Court which shall be
presided over by an officer not brplow the rank of a
Tahsildar for the purpose of performing the functions
entrusted to a Rent Court by this Act.
(2) In hearing an application under this Act,
the Rent Court shall, so far as may be, have the same
I - powers as are vested in, and follow the same procedure
Central as is followed by, a Court of Small Causes hearing
1 Act IX a si~itor other proceeding under the Provincial Small -
Of '"'' Cause Coi~rtsAct, 1887, subject to the modification
that the Rent Court shall have the power to depute
any officer of the Revenue Department to make local
enquiry :tnd inspection and to collect data and the
report and the records submitted by such oficcr may
be read as cvidencc in the case.
16. If any dispute arises :is to tllc amount of fair Determina-
rent payablt: in respect of ally lantl ~~ncler
the ibregoing rent
tion by
of fair
Rent
provisions of this Chapter, either the teryallt '[(includ- Court.
ing a knnamdar or a custon~aryverumpattamdsr)]
or, after the expiry of three years from the commence-
l[Tamil ment of the Malabar Tenancy (Amendment) Act,
Nadu]
Act MI
1954, the landlord may apply to the Rent Court
of1954. far the determination of the fair re~lt; and on such
--- -- -"- .-
1 These words and br'icketb were imertcd by section 3 of tho
Maldbar Tenancy (A~nc~iJment) Act, 1956 (Tam11 Nndu Act XXII 1
of 1956).
1 These words were substituted for the word " Mddras " by tho
I
Tamil Nadu Addptation of Laws Ordcr, 1969, as amended by the ,
Tamil Nadu Adaptation OF Laws (Sccond Amendment) Ordcr,
1969, which came into force on the 14th January 1969.
125-14-2 1
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Tenant's right 24. (1) In any case in which eviction has been
to 31.10 for obtained on the ground specified in clause (5) of section
restoration
ofpossession 23, subject to thwrovisions of section 41, if in any
of land in one of the six agric~ltural years following such eviction,
certain cases. . the landlord, who has obtained such eviction, fail5
without reasonable excuse to use the major portior
of the lands, for the purpose for which such eviction
was obtained, or transfers any of the lands to any
person on any kind of lease or mortgage witn possession
or on kanam, kanam-kuzhikanam, kuzhikanam or
a
i
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a.
(ii) nothing contained in clauses (4) to (6)
ia shall apply to the holding or t b a ~portion nt the holding
wbich consists of a kudiyiluppu, '[or a protected
ulhdi] ; 1
I
I
(iii) no person whose right to evict arises
under an instrument of transfer inter vivos shall be
entitled to sue for eviction on the ground specified
in clause (4) or clause (5) until the expiry of two 1I
years from the date of the instlument :
J2r
Act
(a) in cases where the period of the lease has
expired before the commencement of the Malabar
xxxIn Tenancy (Amendment) Act, 1951, within one year
of 1951. from the date of such commencement and in every
twelfth year thereafter ; and
b) in other cases, within one year from the
expiry of the period of the lease and in every twelfth
year thereafter.
Exp1nnarion.-In the case of a landlord governed
by a law other than the Marumakkattayam law or
the Aliyasantana law, 'the wife or husband and the
father, mother and children of thc landlord shall be
deemed to be tnenlbers of the landlord's family
having a proprietary and beneficial interest in the
holding.
26. (1) In any case in which eviction is obtained Tmutr right ; ,
on the ground specified in clause (4) of section 25, of I::;''En ,
subject to the provisions of section 4 1 if in any oae porrcrrion of I
of the six agricultdral years following such eviction, land in certai~. I
the landlord, who has obtained such eviction, fails"'"' I
I I /
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ir
assessment payable
P the Governrne~zt as also thc between
lardlord and
local Gesses, on any nd on which no rent is payable cultivating
under this A:t, and (b) any special charges levinbic tenant.
by the Government for special or additional crops
raised on the wet lands.
Deduction
29. Tf tlic asscssment or local cesses, or any
from rent, portion the~cofwhich is not payable by a tenant
is recol ered from him, he shall be entitled to deduct
the amount so rccovered. from the renb payable by
him to his immediate landlord.
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1930: T.N. Act XIV] Malabar Tenancy
*[Tamil 32, Where, by the operation of the Malabar Reduction
Nadu] Tenancy (Amendment) Act, 1951, "or the M;!abar in the rent
gix~u Tenancy (Amendment) Act, 1954 (l[Tarnil Nadu] Act P,a,Y&"&
0~1951. VII of 1954), an intermediary becomes entitled t o I
receive from his tenant by way of re ~t less than what bi
he would have been otherwise entitled to receive,
and the rent which the intermediary has to pay to his 1;
landlord under this Act, as amended by "the Acts 11
II
\
a Thwc words wcrc subsl~tutcdfor thc u u ~ d "rltc: s Act aforesaid"
by ihrtl.
4 Thcze word\ wore s \ i i ~ ~ ~ t t u fo! ~ " [he
t c dt l ~ c\ \ o tls
A L a~ lorcs,r~d" hy I ~ J ~ I / . 1I
\
*rrr-c -
f
I
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CHAPTERV-'[ KUDIYIKUPPUS
AND PROTECTED
ULKUDIS].
3.4. Where n separate or separable kitdiyiruppu has
Ku'yiruppu bee11in the occupation of n tenant or the members of
holder's
right to his family, tarwad, tavazhi, illom, kuti~mbaor kavaru
purchasehis for a period of not less tllnn ten consecutive years,
rights in whether before or aftcr the commencement of the
certain
rases.
hlalabar Tenancy (Amcndme:lt) Act, 1951, the tcuant '[Tamil
sh;lll be entitled to pu:clcisc the rights of his imrnr-
diate landlord therein on payment to such landlord of xxx~rr
a$']
the current market price of such rights and the arrears of 19s1.
of rent, if any :
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5
35. (1) If the tenant of a kudiyiruppu transfers his Landlord's ,i +i
,I
rights therein, and the transferee or any person claiming ;
under him uses or permits the use of the kudiyiruppu sion of
or any substantial part thereof otherwise than as F Z g g p u
a k u d i y i r ~ p p u ~ t hlandlord
e shall be efititled to sue
for the possession of the kudiyiruppu:
- CHAPTERVI-MISCELLANEOUS.
Tenant's 38. (1) Any tenant whose holding has been granted
right to on melcharth may, when sued for eviction, avail him-
avail himself
of the provi- self of the provisio~lsof Chapter 111.
sions of
Chapter 11I
in certain (3) No Ilolde'r of a melcharth can, when suing
cases. for eviction, claim possession on grounds (5) and (6) of
section 23 or on grouncis (4) and (5) of scction 25, as
the case mny bc.
125-14-22
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_.__
---
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A&.
.'-
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1930 : T.N. A&-&] MuZubnr Tenancy 341
\
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1 These words were substituted for the word " Madras a by the
Tamil Nadu Adaptation of Laws Order, 1969, as amended by the
Tamil Nadu Pdaptation of Laws ( W n d Amendn~ent)Order, 1969,
wllich came Into force on the 14th January 1969.
I
1
i -
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i<k .: ,*k., 3, i
. P ~ A M I *ADI.J~
L ACT PO. X'WII OF 1951.8 ,
d7Ta3-. ..:.a.
.
.,
..-
B'h
1
, . THEMALABAR (AMENDMENT)
TBNANCY ACT, 1951;1
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JHk8 p-N-Aft, IurXIII] Malabar ~ n ) a n ~ ~225
(Amendmnt)
off
cl mpt -
ain
+
Repeqled by Tamil Nadu Act %WNIof 1955.
(Amendment) Act,
' 6 These words were substituted for the WOX&I '!arp ;irt&tf8 '
f rent " by section 24 (iii) ibid.
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Short title 1. (1) This Act may be called the Malabar Tenancy
I and (Amendment) Act, 1954.
mencement. (2) It shall come into force on*such date as the State
Government may, by notification in the tFort St. George
Gazette, appoint.
1-A-24. [The; etnondments made by sections 1-A to
24 have been il~corporatedin the respective principal
Acts.]
Repeal zf 25. (1) 'The l[Talnil Nadu] Tenants and Ry ots Pro.
$[Tail ~ dtection
~ lAct, 1949 (l[Tamil Nadu] Act XXIV of 1949), in
~ c XXIV
t so far as it applies to 3[ 1 the Gudaltur
of 1949 taluk oftheNilgirisctistrict" 3 and sections
Of 54 and 55 of the Malabar Tenancy (An~endment)ACT,
and 54
sections
and 55 of 1951 ('[Tamil Naduj Act XXXIII of 19511, are hereby
$[Tamil Nadu] repealed.
Act XXXIII ___-
-.__.*I,. *_-__- - _ --... -----
of lg51 IThese word:: were 5uba:itxted f o x thc worci "Madras" by the
Tamil Nadu Adaptation of Laws Order, 1969, ai :rniel~dedby the
Tamil Nadu Adaptation of Laws (Secon~iL L b ~ i ~ ~ r i ~ lOrder,
n l ~ ~ r t1969.
)
8 For Statement of Object. a z c i Reasonr, :;ce 1iSi.r St. Gcnrge G~zctte
Extraordinary, dated thC2Sfi1 h4arch 1953, Pitit 3t'.,i;, pages 54-56,
a The words " the;district c:f Mai? bar " werb3 omiiled by the
Madras Adaptalion of L,ai~sSjrder, 1957.
4 The words " and the vi1th~t.s ir, 'it - .& liar:
.w wGb3~E3
i:ib,trict
i ~i
are specified in the 2k haouie tu the Priccifrai Ac; ' UGCG oraitted bp
ibid.
*Came inta forcc GI tkc 19th Marcli 1954%
t l$ow tho Tatnil A k k Go vcrrrmenr Gugtblt1.
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----- - - - . ------ --
> $ I . : : : 5 ~ i i ) s t l t u t ~ dfo: the war- i
1 These ~{~orc!s "Madras" b
by thr I ~ m i N. b i ~=2,!n?t2tioii tF 1- i.:;?1'2 . A tf A~il:i~d
&2rl 1 :--4
- .--
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6
.tit'@ .I*This Act may be called the Malabar Tenmcy (Amc d -
rqent) Act, 1956. ?
,,",P?* G <
p.5
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XIV0f1930].
4 "
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' 3:
.ez;ReWal of
'
*
5. (1)Section
secfioo
4 of the Malabar Tenancy (Second -
of theAmendment) Act, 1945 (YTamil Nadu] Act XXIV of 1945)
yzgg is hereby repealed uad shall be deemed to have been repeal&
of 1945 and as from the date of Commencement of the Malabar
c o ~ w n(Tenancy
- Amendme~~t)Act, 1951 (l[Ti%mil Nadu] Act
xxxnr
,
. t*.pr- o f . 1951).
-
vistons.
-11-C
------------ -
'Thcs~~itjrdrrvwe su hiii r ufed fu rh: tyarLi *vhl:i&m* by the
Tamil Nadu Adaptilrio,l oc Laws Order, 1969, as amended by tha
Tamil Nadu Ada~jtario~ of Raws (Srcond Amendment) Order, 1969.
aFor Statemeni of Ohjccts anu ~.\;,,.,n,, sw pui,t n, G~~~~
Guzette, Part IV-A,d a t d the 5th September 1956, pews 141-142.
sfhis exprcssio~~m i susbs!ituted for the @xprossion *. M m r
Act " by the Tamil ~JaduAdaptatios of Lzws Order, 1 ~ 0 .
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' t
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606 Malabar Tenancy [ 1956: T.N. Act XXII
(Amendmen#)