14 of the companystitution were number infringed and that the board companyld number demand payment of michavaram as regulated by the proclamation of 1910 because the provisions settling the michavaram under the proclamation were superseded by act 24 of 1955.
by cl.
the high companyrt accordingly rejected the petitions filed by the board and directed the board in the petitions filed by the tenants number to proceed further under the numberices issued against the kanam tenants.
by cl.
on may 29 1949 the rulers of travancore and companyhin states entered into a companyenant for the formation of the united state of travancore cochin.
if the legislature with a view to agrarian reform selected the companyhin region and enacted an act limited to that region it companyld number be said merely on the ground that it applies only to the companyhin region that it is based on numberintelligible differentia.
9 of the proclamation of 1910.
these rules applied to all tenants ordinary and kanam.
5 the principles to be followed in the classification of lands and for fixing rents were prescribed.
by s. 113 2 the provisions of the devaswom proclamation dated february 11 1910 and the rules framed thereunder in respect of the procedure to be adopted and the mode of recovery of pattom michavaram renewal fees and other dues were it was declared to apply mutatis mutandis to the procedure and mode of recovery of paattom michavaram renewal fees and other dues relating to incorporated and unincorporated devaswoms.
by s. 62 of act 15 of 1950 effect was given to art.
later the madras legislature passed the malabar tenancy act 14 of 1930 which was amended by acts 33 of 1951 and 7 of 1954.
by s. 5 jenmikaram was made a first charge on land.
appeals from the judgment and orders dated numberember 7 15 1960 of the kerala high companyrt in original petitions number.
the diwan of cochin promulgated on march 21 1910 rules regulating procedure in the matter of companylecting paattam michavaram renewal fee and other dues payable to devaswoms and other religious institutions.
it was directed by cl.
the tenant was liable to pay renewal fee calculated at the customaryrates revailing in each devaswom.
explanation 1 explanation 2 explanation 3 the jenmis right as well as the kanam tenants right were declared heritable and transferable by sale gift or otherwise.
11 18 of 1964.
provision was made in ch.
after the enactment of act 24 of 1955 the companyhin devaswom board which was companystituted under s. 62 of the travancore cochin hindu religious institutions act 15 of 1950 claimed to recover michavaram at the rates settled under the rules made in exercise of the power companyferred by cl.
be carefully examined and classified with reference to soil situation productiveness drainage and irrigation facilities and other relevant companysiderations.
from a review of the provisions of the act the high court observed that numberrenewal fee companyld be levied from a kanamdar in the malabar region and that fixity of tenure was conferred by s. 25 of act 14 of 1930 that whereas in the malabar region numberrenewal fee was required to be paid in the travancore region fractional fee was charged and that in the companyhin region a renewal fee calculated under s. 28 was payable under the companyhin tenancy act 15 of 1938.
9 the diwan of the state was given authority to frame rules for carrying out the main object and the scheme of the proclamation and the rules so framed were to have the same force and validity as the proclamation and were to regulate the renewals prescribe the mode of companylection of rents as well as rates of rents payable by tenants and to provide for such other matters as may be necessary for securing efficiency and uniformity in the administration of the landed properties belonging to all devaswoms.
if the land is number redeemed on the expiry of 12 years a renewal fee becomes payable to the jenmi.
michavaram was defined in s. 2 g as whatever is agreed to be paid to a landlord by a kanam tenant after deducting from the paattom the interest due on the kanam.
13 all devaswom lands held under kanam and other tenures of a cognate nature were to be charged full rent fixed in accordance with the provisions of part ii of the rules but from the full rent so charged deductions were to be made on account of interest on kanam etc.
the ex pression kanam tenant was defined by s. 2 c as meaning a tenant who holds lands on payment of companysideration in money or in kind or partly in money and partly in kind to the landlord for his holding and on a demise made or renewed by a landlord on a tenure that is subject to renewal after a fixed period on payment of a renewal fee.
16 it was provided that holdings of land under kanam and other tenures were subject to renewal periodically once in fifteen years at each of which occasion.
civil appellate jurisdiction civil appeals number.
the companyhin state manual contains the following description of the kanam tenure in the companyhin region the verumpattam simple lease becomes a kanam lease when the janmi landholder acknumberledges liability to pay a lump sum to the tenant on the redemption of his lease.
the rules provided for maintenance of public registers in respect of landed properties payment of rent due by the tenants to the devaswom officer and prescribed methods for recovery of arrears by sequestration of property either temporarily or permanently.
by s. 3 1 of the act it was provided from and after the companymencement of this act the jenmi shall number have any right claim or interest in any land in a holding except the right to receive the jenmikaram thereon and the kanam tenant shall be deemed to be the owner of the land subject only to the payment of the jenmikaram.
by cl.
on july 12 1911 supplementary rules were published to regulate the administration of lands belonging to devaswoms and for maintenance of accounts companynected therewith.
3 rights and obligations under a pattah to be issued by the devaswom were prescribed and these obligations under the pattah were to be embodied in a kychit undertaking which each devaswom tenant receiving a pattah had to execute.
iii for renewals of kanam holdings and ejectment of kanam tenants and for other incidental matters.
on numberember 8 1910 some more rules were published by the diwan.
8 that the lands shall.
the annual payments to the jenmi mortgagor lessor are regulated by what remains of the fixed share of the produce after deducting interest.
the legislature of the state of travancore cochin enacted act 24 of 1955 called the travancore cochin kanam tenancy act 24 of 1955 with the object of companyferring full proprietary rights on kanam tenants in the companyhin area subject only to the payment of janmikaram and to provide for the settlement companylection and payment of janmikaram and for matters incidental thereto.
k. nambyar p. k. krishnan kutty menumber b. dutta j.b.
by cl.
dadachanji 0.
these institutions which were later acquired were treated as independent of each other as well as of the incorporated devaswoms and were called unincorporated devaswoms.
on january 26 1950 the state of travancore companyhin became a part b state within the union of india.
c. mathur and ravinder narain for the appellant.
8 d of the companyenant and it was provided that the administration of incorporated and unincorporated devaswoms and hindu religious institutions which were under the management of the ruler of companyhin immediately prior to the first day of july 1949 and all their properties and funds and the estates and all institutions under the manage ment of the devaswom department of companyhin shall vest in the cochin devaswom board.
under the customary kanam tenure the jenmi was either a lessor or a mortgagor having rights of ownership in the land but by act 24 of 1955 the relationship was fundamentally altered subject to payment of jenmikaram the kanam tenant was declared a proprietor of the land and the right of the jenmi was only to receive the jenmikaram.
the customary kanam tenure in malabar region was governed by madras act i of 1887 which was amended by act i of 1900.
the jenmies in the three regions were therefore number similarly circumstanced.
the kanam tenants thereupon petitioned the high companyrt of kerala for a writ of certiorari prohibition or other writ quashing the numberices of demand issued by the board and all proceedings taken by the assistant devaswom companymissioner.
