Anthony vs Ouseph and Others

This Second Appeal arises from an eviction suit. The District Munsiff of Irinjalalcuda, who heard it refused to grant eviction on the ground that the tenant was entitled to fixity of tenure under the Cochin Verumpattomdar''s Act, 3 of 1113. The temporary Additional District Judge who heard the Plaintiffs appeal from that decision reversed it and passed a decree for surrender of the holding. Defendant 1 who is an assignee of the lease-hold from the legal heirs of the original lessee has hence preferred this Second appeal.

The lease arrangement is evidenced by a registered document Ext. A and under it the plaint Church demised the plaint property on a simple lease receiving one year''s pattom as premium. The lease is for a term of twelve years and the document expressly authorises the lessee to convert the property which was a paddy land into a cocoanut garden. In lieu thereof remission is granted of a portion of the rent for the last four years of the term. The document further proceeds that after the expiration, of the term the lessee shall either continue to hold the property on "the rent fixed or accept a renewal on an enhanced rent as fixed by the lessor or surrender the holding on receipt of the premium and the value of improvements. The lessor (Church) had as a matter of fact made a demand for enhanced pattom.

It was conceded before us by the Respondent''s Counsel that to start with the lessee was a verumpattomdar within the meaning of that term as defined in Section 2(d) of Act 8 of 1118 and that he continued as such till the term of the lease expired. It was further conceded that the lease did not come within the purview of the exceptions mentioned in the definition. Section 4 of Act 8 of 1118 enacts that notwithstanding any law, custom or contract to the contrary, every verumpattomdar shall have fixity of tenure in respect of his holding and shall not be evicted therefrom except as provided in Section 8 of the Act. The learned Counsel for the Respondent also conceded that Section 8 had no application to the case. His point however was that there was no rent fixed if the lessee were to hold on after the expiration of the period. The suit was no doubt brought after the term expired but we fail to see how the lease arrangement could escape being hit by Section 4. Section 13 expressly states that notwithstanding any contract to the contrary express or implied no verumpattomdar shall be liable to pay to his lessor anything more than the pattom fixed under the contract of tenancy or other dues becoming payable by virtue of the provisions of the Act. It was therefore not open to the lessor to demand any enhanced rent.

The difficulty pointed out by the Respondent''s Counsel on the basis of which he sought to take the plaint lease out of the purview of the Verumpattomaar''s Act is met by Section 4, Cochin Tenancy Act 15 of 1113. Mr. Venkitaswara Iyer''s point was that after the twelve years'' period expired there was no pattom fixed under the document. Section 4 of the Tenancy Act provides ''inter alia'' that every tenant to whom compensation is due for improvements Shall, notwithstanding the determination of the tenancy or the payment or the tender of the premium be entitled to remain to possession until compensation is paid and that a tenant so continuing in possession shall during such continuance hold subject to the terms of his lease.

The Verumpattomdar''s Act confers fixity of tenure on verumpattom holdings on certain terms and conditions and a lessor cannot seek eviction except as provided by the Act. There is nothing to take the lease before us out of the purview of the Act nor did the lessor urge before us that, any grant sanctioned by the Act for eviction existed in the case. The second appeal has therefore to be allowed and we allow it. The lower appellate Court''s decree is reversed and the decree passed by the Munsiff restored with costs throughout. The plaint Church will be entitled to draw the pattom which the Appellant was from time to time paying into Court. If there is any balance due as on this date that will be paid and received out of Court or realised by a fresh suit.