Keyword(s):
Commercial Site, Court, Cultivate, Dry Land, Garden Land, Eviction, Fair
Rent, Janmi, Kanam-Kuzhikanam, Kavaru and Kutumba, Pay, Tenant, Rent
Court, Landlord, Melcharth, Michavaram, Verumpattamdar, Ulkudi, Wet
Land
WHERI:ASit is necessary and expedient to define,
declare, alter and amene, to thc extent, in the manner,
and for the purposes herztnafter appearing, the law
relating to lalldlord and tenant in 3rthe Gudalu1 These words were substituted for the word ” Madras ” by tTamil Nadu Adaptation of Laws Order, 1969, as amended by the
Tarnil Nadu Adaptation of Laws (Second Amendment) Order, 1969,
which came into force on the 14th January 1969.
2 The Malabar Tenancy Act, 1929 (Tamil Nadu Act XIV of 1930)
printed in this Code was edited by the Secretary to the Government
jn the Law Department In pursuance of section 26 of the Malabar
Tenancy (Amendment) Act, 1954 (Tamil Nadu Act V1L of 1954).
References only to the amendments made subsequent tothe aforesaid
Tamil Nadu Act VII of 1954 have been given in the fom of foot-
notes.
For Statement of Objects and Reasons, see Fort St. George
Gozrtle, dated the 30th July 1929-Part IV, pages 134-136.
Tiis Act was deemed to have been repealed in its application to
janmam estates with eRect on and from the date appointed by the
State Government under sub-section (4) of section 1 of the Gudalur
Janmam Estates (Abolition and Conversion into Ryotwari) Act,
1969 (Tamil Nad~lAct24 of 1969) and save as otherwie expressly
provided in the said Act ;and every janmam estate stood transferred
to the Government and all enactments applicable to ryotwari lands
applied to such ertate. Please see sectio’l 3 of the said Act,
The provisions of the Tamil N?du Cultivating Tenants (Special
provisions) Act, 1968 (Tamil Nadu Act 16 of 1968), the
Tamil Nadu Cultivating Tenants Arrears of Rent (Relief) Act,
1972(Tamil Nadu Act 21 of !972) andthe Tam! Nadu Indebted
Agriculturists (Temporary Relref) Act, 1975 (Tam11Nadu Act 10 of
1975) shall have effect notwithstanding anything inconsistent th~re-
with contained in this Act. Please see section 9 of Tamil Nadu
Act 16of 1968,section 9 of Tamil Nadu Act 21 of 1972 and section 7
ofTamil Nadu Act 10 of 1975.
8 These words were substituted for the words “the district of
Malabar and certain neighbouring areas in the State of Madras”
by clause 3 of, and the Scheduleto, the Madras Adaptation of Laws
Order,1957.
*Brought into force in the Gudalur taluk of tbe Nilgiris district
on tho 15th Match 1952,
preamblesanction of the Governor-General has been obtained
to the passing of this Act ; It is herebj enacted as
f0;lows :-
Tenancy 1. (1 Act, ) Tbis Act 1929. nlay be called the Malabar
P short title.
LOC~Iextent. (2) It extends l[ ] to the Gudalur taluk of
the Xilgiris district *[ 1.
Cornn1enc.:-
ment.
(3) It shnll conle into force Slitl any of the
areas to uhich this Act extends,] on such date as the
Sfate Go\ernment may by notification in the Forf
Si. Georgr Oozefte,appoint in respect thereof.
hcmpt,o,,s. 2. Nothing in this Act sl~allapply to-
(1) lands transferred by a landlord for felling
timber or for planting tea, coffee, rubber, cinchona or
any other bpecial clop prescribed by a rule made
by the State Government or the erection of anv build-
ing for the purpose of, or allciilary to, the cultivation
of such clLop,or the preparation of the same for the –
market 01 ‘1
vation :
J Innd let only for fugitive culti-
Pro\ idcd that no rule under this clause shall
affect any land in respect of which any tenant has a
right of lisity of tenure under this Act, so long as
such sight subsists,
or
omitted by clause 3 of, and the Schedule to, the Madras Adaptationof
Laws Order, 1957.
Tht words ” and to the villages in the South Kanara distriot
specified in the Schedule “were omitted by i&d.
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II
19304 T.N. Act XIV] Malabar, Temncy YO9
(2) any t~ansactionrelating only to the usufruct
of trees,
or
(3) any building owned by a landlord including
a house, shop or warehouse, and the site thereof,
together with the garden or land appurtenant thereto
but not including a hut belonginp to a landlord, in
any ulkudi ‘[ 1.
- Tn this Act, unless there is something repug-
nant in the subject or context :-
(I) ‘Agricultural year ‘means the year commenc-
ing with the 15th March in any calendar year and
ending with the 14th March of the following calendar
year, or the year bctween such other dates as the
Collector may specify iii that behalf by t:otifica!ion in
the District Gazette, for ‘[the Gudalur taluk!;
(2) ‘ Commercial site ‘ means any land :L(r,ot
being a kudiyirupp:i, or an ulkudi)] whicll is u:ed
principally for the purposes of any trade, commerce,
industry, manufacture or business ;
(3) ‘ Court ‘ means the Civil Court lzaving
tral j~ttisdiction under the Code of Civil Proced~~rc,
v of ‘1908, to entertain a suit for tllc posscs\ion of thc
holding or part thereof to which any legal proccccling
under this Act relates ;
(4) ‘ Cultivate’, with its grammaticril variations,
means cultivate either solely by one’s ow11 labour or
with the help of the labour of the members of one’s
tarwad, tavazl~i,illom, kutumba, kavaru or family,
01 of hired laboutde~.sor both, or direcl or supcrvisc
culti\lation by sucl. members or hircci labourcr.~,
lThe words “or kudikidappu ” were omittedby the Madr,t\
Adaptation of Laws Order, 19.5:.
8 These words wye substituted for the words ” the wholc or any ‘
part of the district by ihid.
8 These words and brackets were substituted for the words and
braokcta “(not being a kudiyiruppu, an ulkudi or a kudikidappu)”
by !bid*
,
\
1
Definitions.jointly or separately, plovided that such members or
hired labourers bave not agreed to ay or take any
fixed proportion of the produce o !the land they
cultivate as compensation for being allowed to culti-
vate it or as remuneration for cultivating it ;
- (5) ‘ Dry land ‘means a land which is neither a
,#” wet land ‘nor a ‘garden land ‘;
‘DO land.’
4
‘Eviction.’ ,/
(6) ‘Eviction ‘means the recoveryof possession
of land from a tenant and includes the redemption of
a kanam or kanam-kuzhikanam ;
Warden
land.’
‘Fair rent.’ (7) ‘ Fair re~lt’ means the rent payable in
‘ — .ac?Kr&ance with the provisions of Chapter I1 ;
(8) ‘ Garden land ‘ means any land use0 princi-
pally for growixj coconut trees or areca trees or
both ;
‘Holding.’ (9) ‘Holding’ means a parcel or parcels of land
held under a single engagement by a tenant from a
landlord and shall include any portion of a holding as
above defined, which the landlord ana the tenant lnay
agree to trcat as a bepnratc holding ;
Nadul
~ctxXI
of 1933.
men t.’
(I 1) (0)the worct ‘ improvement ‘shall have the
same meaniag as it t.i:~s in tbe Improvements Act ;
‘[Tamil Nadu] Nambudri Act, 1932;
‘IIIO~.’
‘Improve-
(10) ‘Illom ‘shall have the samemeaning asin tte 8%:
ments Act.’ (I)) ‘ ImprovclnetsAcL’ means the Malabar # (12) ‘Intermediary’ means any pcrson who, not $&! Of ‘Improve- being a janmi, has an interest in land, and is entitled, bj reason of such interest, to possession thereof, but has tsarisferred suck possession to others ; (13) ‘Janmi ‘ means a person entitled to the absolute proprietorship of land and includes a trustee in respect thereof ; Compel,sation for Tcliants’ ImpsovemetsAct, 1899 ;’LTan’il
‘Intermedia-
ry.’
‘banmi.’
1 These words were substituted for the word ” Madras “by tha
Tamil Nadu Adaptation of Laws Order, 1969, as amended by the
Tamil Nadu Adaptation of Laws (Second Amendment) Order, $969,
which wobto force on tho 14th Jaauary 1969,–“——.-.*.-_,..,
I
1930 :TiN. Act XIV] Malabar Tenancy $11
(14) ‘Kanam ‘ means the transfer for conside- ‘Kanam.’
ration i~ money or in kind or in both by a landlord
of an interest in specificimmovable property to another
(callcd the <kanamdar’)for the latter’s enjoyment, the
incidents of which transfer inclua&
(a) a right in the transferee to hold the said
property liable for the consideration paid by him or
due to him which consideration is called ‘kanartham’,
(b) the liability of the transferor to pay to
the transferee interest on the kanartham, and
(c) the payment of, ‘michavaram’ by the
transferee ;.
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