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Judgment
Subba Rao, C.J.—This is an appeal-against-the order of -our learned brother Satyanarayana Raju, J., dismissing the Writ Petition-filed by the Appellants under Article 226 of the Constitution of India to quash the order of the Manager, Vizianagaram Estate: dated 31sC July o (2) The facts are not in dispute and may he briefly stated. The temples of Ramalingeswara Bwami and Sri Kanyakaparameswari at Gajapathinagaram owned an extent of about 70 acres m Puritipenta village in the Vizianagaram taluk. The Appellants are ryots in possession of the said land. The village was notified under the Madras Estates Land (Reduction of Rent) Act, 1947 (hereinafter referred to as the Act). At the time the Act came into force, the Appellants were paying a rent of Rs. 1,200 for the land. But, under the provisions of the Act, the Special Estate Deputy Tahsildar reduced the rent to Rs. 480.
The Appellants preferred a revision to the Manager, Vizianagaram Estate claiming that a sum of Rs. 504-8-0 was paid as rent for the land from 1929 to 1944, that the rent was illegally enhanced to Rs, 1,200 in the year 1944 and that, therefore, the rent lawfully payable for the land, i. e.j Rs. 504-8-0 should have been taken by the special Estate Deputy Tahsildar as the basis for reducing the rent under the Act. The manager rejected'' the revision. The writ was filled against that order but, as aforesaid, it was dismissed by Satyanarayana Raju J. Hence, the appeal.
Mr. Deekshitulu, learned Counsel for the Appellants, argues that the rent reducible under the Act is the rent lawfully payable under the Madras Estates Land Act at the time when the Act came into force and, therefore, the rent payable in respect of the Appellants'' land was the rent payable u/s 28 of the Estates Land Act Ignoring the illegal enhancement made in the year 1944. Mr. Venkatesam, learned Counsel, argues that the purpose of the Act is to give temporary relief to the ryots who were paying high rents till final settlement of rent was made by reducing the rents approximately to the level of the assessment levied on lands in ryotwari areas and therefore the rents that were being paid actually at the, time the Act came into force were the basis for relief under the Act.
To appreciate the rival contentions, some of the inelegant provisions of the Act and also of the Madras Estates Land Act may be read:
The Madras Estates (Reduction of Rent) Act:
Preamble.
Whereas the rents now payable by ryots in .estates governed by the Madras Estates Land Act 1908, are in many cases substantially higher than the assessments levied on lands in ryotwari areas in the neighborhood; and Whereas it is expedient to provide for the le-diction of such rents approximately to the level of the ryotwari assessments in the neighborhood; and for the collection of such rents exclusively by the State Government.
Section 2. (1) The State government may appoint a Special Officer for any estate or estates for the purpose of recommending fair and equitable rates of rent for the ryoti lands in such estate or estates: (2) The Special Officer shall first determine In respect of each village (hereinafter in this section referred to as "principal village") in an (a) the average rate of cash rent per acre prevailing at the commencement of this Act, for each class of ryoti land in the principal village, such as wet, dry and garden
(b) the average rate of assessment per acre prevailing at such commencement in respect of each, of the said classes of land in the nearest ryotwari area in which conditions are generally similar to those obtaining in the principal village, (3) The Special Officer shall then compare the average rates of cash rent as determined under Clause (a) of Sub-Section 2 with the average rates of assessment as determined under Clause (b) of that Sub-section ....................determine (i) the extent, if any, to which the rates of rent payable for each class of ryoti land in the principal village should, in his opinion, be reduced, and (ii) the rates of rent payable for each such class of land after such reduction.
The Madras Estates Land Act: Section 2 (11). ''Rent'' means whatever la lawfully payable in money or in kind or in both to a land-holder by a ryot.............
Section 28.- In all proceedings under this, Act the rent or rate of rent for the time being lawfully payable by a ryot shall be presumed to be fair and equitable until the contrary is proved:
Provided that in the case of an estate within the meaning of Sub-clause (d) of Clause 2 of Section 3 the rent" or rate of rent lawfully payable by a ryot or tenant on the first day of November, 1933 shall be presumed to be fair and equitable at the commencement, of Madras Estates Land (Third Amendment) Act, 1936, until the contrary is proved.
It will be seen from the aforesaid provisions that, under the Estates Land Act, the rent payable is the amount lawfully payable to the landlord and that, in the case of an estate within the meaning of Clause (d) of Sub-Section 2 of Section 3 of the Estates Land Act, the rent lawfully payable on the 1st day of November, 1933 is presumed to be the fair and equitable rent till the contrary la established. It is, therefore, contended that, for the purpose of the Act the rent payable by the Appellants in 1933 ignoring the enhancement made in 1944, should afford a basis for reduction.
This argument, though it appears to be plausible, in our view, goes beyond the limited scope of the Act. Under the Act, ''rent'' has not been defined as rent lawfully payable under the Mad. ras Estates Land Act. The object of the Act to give temporary relief to the rack-rented ryots till a final settlement of rent is made. The provisions of the Act do not provide a machinery of making a roving enquiry into the illegal enhancement of rents made by land-holders or for fixing the lawful rents where the rents were legally liable to be enhanced. The scope of the enquiry under the Act as indicated in the aforesaid visions is a simple one.
The Officer appointed under the Act takes sample village referred to as principal village an estate and determines the average rate of rent per acre prevailing at the commencement ,t& the Act for each class of ryoti land In the protect pal village such as wet, dry and garden. Then he determines the average rate of assessment per acre prevailing at the commencement of the in respect, of each of the said classes of land in the nearest ryotwari area in which the conditions are generally similar to those obtaining in the principal village., Thereafter, he compares the average rates of cash rent as determined under Clause (a) of Sub-section (2) with the average rate at assessment as determined under Clause (b) of that Sub-section and determines the extent if any of which the rates rent payable for each class of ryoti land in the principal village should, in-opinion, be reduced and the rate of Respondent each such class of land after such reduction In due course the Government public notification fixing the rate of rent payable pact of each class of ryoti land in each village in the estate. After the said notification, pursuant to the rules made under the Act, every land-holder within .the prescribed time furnishes the necessary particulars in respect of every village in the estate to enable the Collector to determine and collect the rent due to the land-holder from the registered holders of ryoti land u/s 3 (4) of the Act, '' One of the particulars to be given is the rate of rent and the amount of rent due on each land in the holding for fasli 1357.
It is, therefore, clear that the basis of fixing the rate of rent payable in respect of each class of ryoti land in each village in the estate is the prevailing rate of rent in the principal village and the prevailing rate of rent in the nearest ryotwari area in which the conditions are generally similar to those obtaining in the principal village. After fixing the rate in each village, the rent payable in respect of the lands of a landholder from fasli 1,357 is fixed on the foot of the particulars of rent given by the land-holder in regard ,to the rate of rent prevailing in fasli 1357.
Under the Act, no duty is cast upon the officer appointed under the Act to determine the lawful rents payable under the Madras Estates Land Act. The ryots cannot have any grievance for the object of the'' Act is'' to reduce rents approximately to the ryotwari level and the fact that the prevailing rate of rents are adopted as the basis will not frustrate the object sought to be achieved. Whether the rent prevailing at the time the Act came into force was legal or otherwise under the Act they would be reduced to the ryotwari level. We cannot invoke the provisions of the Estates Land Act to construe the provisions of the Act enacted for a limited and stated purpose.
That apart Section 2 of the Act does not say that the- rents lawfully payable under the Estates Land Act at the time of the commencement of the Act should be reduced in the manner prescribed under the section. But it only enables the officer to recommend the fair and equitable rate of rent for ryoti lands in an estate after, making the necessary enquiry there under. On the basis of the enquiry, the Government fixes the rate of rent payable in respect of each class of ryoti land in the village.
In the circumstances the word ''payable" in the preamble, on which strong reliance is placed, can only mean the rents prevailing at the commencements of the Act. That construction accords with the express terminology used in Section 2 .and also with the object sought to be achieved by the Legislature. We, therefore, hold that the order of the Manager is correct and is in accordance with, the provisions of the Act.
In the result, the appeal fails and is missed with costs. Advocate''s fee Rs. 100.