The Malabar Compensation for Tenants Improvements Act, 1899

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PRS or any persons connected with it shall not be in any way responsible for any loss, damage, or distress to any person on account of any action taken or not taken on the basis of this document. The Malabar Compensation for Tenants Improvements Act, 1899 Act 1 of 1900 Keyword(s): Tenant, Ejectment, Improvement, Compensation 4#8 Rcgwtrdim o j Birth and Death (1899 : T.N. Aet III 8 ~ r w a t i o n f o r Tenant8 Improvemcntr [I900 : T.N. Act1 (4) for the oustody, produotion and t r a d e r of the registers and other reoords kept by regiatrarr ; (6) for the oorreotion of olerioal errors whioh may be disoovered in the registera of bfrthr or registers of deaths ; (6) generally to o m y out the provision6 of +hie Aob. l(TABSIL NADU) ACT No. I OF 19001. [THI UABAB COWPEWSATIOX BOR TSXWIY) ~ B O V P ~ X T S ACT, 1800.) (Received the asaent o j the Governor on the 4th Dcclnnbcr 1899, and that of the Governor-General on tht 3rd January 1900 ; the assent of the Qovem-Benerd was published in the Port S t . George Gazette ejtllc 9th January 1900.) An Act to secure t o tenants in ' [certain arw in the State of Tamil Nadu adjacent to the b r r i t o q which ilnmediately before the firat day of November 1956 was comprised in the Malabar district] compensation for improve- ments. r r m b l . WEEBEAS it ia e@ent to +mend the hwrehtbg to oompenaation for improvements made by tenant# in '[oertain meas in the State of Tamil Nadu adjwmC - - 1 Theme word. were substituted for the word " & d ? ~ " by the Tamil Nadu Adaptation of Lawn Order, 1969, M amended by the Tamil Nsdu -4daptation of laws (Second Amendment) Old.1, 1969, whioh oame into force on the 14th Jauuery 1969. ~ P o 1 S t a t ~ t n t o f O b j w b d ~ u a P ~ 6 y . Gborg C h z e ~ S a t . d a M ~ ~ I # b ~ I ~ ; SmRcpald U*.VJn=U1r.Uhlllr*.Uad3**li * ~ = i n ~ ~ ~ i b i d d d e d t h , ~ ~ ~ ~ ~ ~ , p. 9 ; ard i&% dated tha 12th h m b e r 1899, p. 16. 8 The words " 00& areas in the stet8 of Ma&- rrdjaorn( to the territory whioh immediately before the lat day of Novemh 1966 wsa cornprieed in the Mslsbar dietriot" were rubatituted for the words " the Malabar dietriot snd certain neighbourty uese in the State of Madras " by th7'Madxaa Adaptetio? of Lawr Ordey. 1?!7 and for the expreaaion State of Msdru . tbs a. presslon State of Tamil N.duS* ass aubatituted by the T d Nedu Adeptation of Laws Order, 1970. which WM desmbd to h.re aome into force on the 14th January 1969. 1900 : T.N. A d l(1 Oompemat;on for Tenankr Itnpovcmerrrb 459 ,' to the territory whioh immediately before the lab day of November 1966 was oomprised in the Malabm listriot] ; It is hereby eneoted as follows :- '[I. Thiu Aot m y be oalled the &labar Compen- shm vtle. sation for Tenants Improvements Aot, 1899.1 2. [Re~eal of Act I of 1887.1 Rep. by the Repealing md A m d i n g Act, 1901 (Central d c t X I of 1901). 8. In this Aot, unless there is something repugnant Intarprr*tia- in enbject or oonted,- rlaWJ0. (1) " hnant," with its grammatical variations lqe-rsv. mil eo<mate expressions, includea a person who as lassee, aub-lessee, mortgagee or sub-mortgagee or in good faith believing himaelf to be lessee, sub-lessee, momagee or sub-mortgagee of land is in possession thereof, or who, with the bona$.de intention of attorn- iag and prying the oustomary rent to the person entitled to d t iva t e or let waste-land, but without the permission of suoh person, brings suoh land rnder onltivation and is in oooupation thereof a# dtivstor : (a) " ejeotment " inoludea redemption or recover;r "Ejsotmont". of poaaoasion of land mortgaged. (3) " improvement " means any work or product ,qmpreTc- of a work whioh adds to the value of the holding, ment9*. is suitable to it and oonsistent with the purpose for whioh the holding was let, mortgaged or oooupied : 4. Until the oontrary ie shown the following worku mar or the produots of suoh works shall be presumed wmea to b. fo be improvements for the purposes of this Act- impzoremant.. (a) the ereotion of dwelling houses, building3 rppnrtenant thereto, and farm buildings ; 1Thio motion wm mbs~titubd by the Madras Adaptation of Zawr Or&, 1967, for the origind aeotion 6 6 mended by we- Uon 48 (3) of the Xkf8bberTemoy (hmldlpmt) dot, 1961 ( T a W.da Aot XXXm of 1061). whloh aame into foroe on the 16th y.lrh 196%. 460 Compe7wafion for Te~nd8 ~ ~ m e m c n t s [I900 : T.N. Act 1 (b) the oomtruotion of tanks, welis, ohannels, dams and other works for the storage or supply of water for agricultural or domestio purposes ; (c) the preparation of land for irrigation ; (a) the conversion of one-orop into two-mop land ; (e) the drainage, reolamation from rivers or other waters, or proteotion from F o b , or from erosion or other damage by water, 4, land used for agrioultural purposes, or of waste land whioh is culturable ; Cf) the reclamation, olearance, enolosure or per- manent improvement of land for agrioulturel pur- poses ; (g) the renewal or re-oonstruotion of any of the foregoing works, or alterations therein or additions thereto ; : (h) the planting or proteotion and maintennnoe of fruit-trees, timber-trees and other useful treer and plants. 5. (,I) Every tenant shall on ejeotment be entitled T ~ ~ t *ntitled to compensation for improvements which have been b eompsnse- +,ion on @jeot. made by him, his predecessor in interest, or by -t. any person not in oocupation at the time of the ejeot- ment who derived title from either of them, and for whioh oompensation has not, already been paid; and every tenant to whom oompensation is eo due ohall, notwithstanding the determination of the tenancy or the payment or tender of the mortgage- money (if any), be entitled to remain in pomwsion until ejootment in execution of e deoree or order of Court. (2) A tenant so continuing in poesesaion shall during suoh oontinuance hold ss a tenent subjead to the terms of hi, lease or of the mortgage, rs the obse may be, 6. (1) In a suit for ejeotment instituted against! e in tenant in whioh the p1aintiiT suoc8eds and the defen- ejectment to be dant establishes a olaim for oompensation due under ~ y ' ~ ~ ~ a l :; tkction 6 for improvements, the Court shall asoertain amount of corn- as provided in sections 9 to 18 the amount of the pensation aecer- oompensstion and shall pass a deuree declaring the zp& oyt:t amount so found due and ordering that, on payment diffewnce bet- b;y the plaintiff into Court of the amount so found ween it and the amount, if my, due and also the mortgage-money (if any), ' [on or adjudged to the before such date within six months from the date of plaintiff from Che deuree as the Court may fix] the defendant shall the defendant. pat the plaintiff into possession of the land with the improvements thereon. (2) If in suoh suit the Court finds any sum of money due by the defendant to the plaintiff for renb or otherwise in respeot of the tenancy, the Court shall set-off such sum against the sum found due under sub-motion (I), and shall pass a decree deolaring es the amount payable to him on ejectment the amount (if any) remaining due to the defendant after such set-off : @Povided that, where there are several defen- dants in a suit, the oourt shall not set-off under this sub-sedion any sum of money due by any one of the defendants for rent or otherwise in respect of the denanoy against the sum due under sub-section (1) tm any of the other defendants ih that suit.] (3) The amount of compensation for improve- cornpensetion ments made subsequent to the date up to which for mbmquent oompexmtion for improvements has been adjudged improvements in the deoree, and the revaluation of an improve- r:eztet; ment for whioh oompensation has been so adjudged, improvemente when and in so far as such re-valuation may be neoes- at the time of aary with refereno8 to the condition of such improve- Ojecmen*o ment a t the time of ejectment as well as any sum of - Thee3 words were added by section 46 (iii) (a) of the Malabar eenanoy (Amendment) Act, 1961 (Tamil Nadu Act XXXILI: of 1961). which m e into fome on the 16th Maroh 1962. 2s ThU prwid ru a&M by mstion 46 (iii) (b) , W. .a 462 Comp61~9ation for Tenants Improvements [I900 : T.N. Aet I money acoruing due to the plaintiff subsequent to the said date for rent or otherwise in respeot of the tenanoy, shall be determined by order of the Court executing the deoree and the deoree shell be varied in accordance with such order. (4) Every matter arising under sub-section (3) shall be deemed to be a question relating to the exe- oution of a deoree within the meaning of olause (c) of section 244 of the Code of Civi1,Procedure 1. Tonantmaf 7. Whenever a cknlrt passes a decree or order for remove ejeotment against a tenant and suoh tenant has ~ ~ ~ e ; , w O $ ~ ereoted any building, oonstructed any work or planted deemed im- any tree which the hurt finds is not an improvemenb provements~ for which oompenstltion oan be claimed, but which within time to be e e d . the Court finds oan be removed without substantial injury to the holding, suoh tenant may remove suoh building, work or tree within a time to be fixed by the Court in its decree or order. powere to make rdes for appointment of 8. The sfstate Government] may, from time to roremors, etc. time, by notification in the Port 8Sb. amge rmd a[ ] District Gaelte make rules requiring the Court to assooiate with itself, for the purpose of estimating the oompensation to be awarded under motion 6 for an improvement, suoh number of assessors as the %[State Government] thinks fit, determining the qualifioations of those assessors, the mode of seleoting them, the fee payable to them, and the prooedure to be followed in case of a difFerenoe of opinion between the judge and one or more of suoh esee-m. Improvement 9. (1) When the improvement is not an improve- p ~ ~ i ~ an ment to which section 13 applies and has oa~leed inorem in the (UI increase in the value of the annual net produoe 1 Sea now seotion 47 of the Code of Civil Prooeduld, 1008 (ha1 Aot V of 1908). 8 The wo* '' Provinoisl a O y t " wem mhstitutsd ib the words Looal Government by the Adaptetion OrQr of 1987 and the word "Skate " waa eubstituted for " Provh&p by the Adaptation Order of 1950. 8 The word "Mdabar" was omitted bp eeetion 46 (iv) of the &labar Tenancy (Amendment) h t , 1951 (Tam;l Nedu Ao) XXXIII of 1961), whioh oome into fome on the 16th &r~h lea i 1900 : T.N. Act Q Conqmnotionf' Tmank I ~ o I , ~ ws of *he holding, the Court ehall determine, ae nearly ,dm, af as may be, the average net money value of suoh annual wt inorease end the number of years during whioh suoh P*~UW- inamam may ressonably be expected to oontinue, and ahall then asoertain the present value, a t 6 per mt of an annuity equal to such money value for moh number of years, and also the cost of making the improvement determined in the manner presoribed in eeotion 11. (2) If the present value of the annuity does not exoeed the cost of making the improvement, the p r wn t value shall be the c~mpensation to be awarded. (3) If the presen$ value of the annuity exoeeda bhe cost of making the improvement, the oompensa- tion to be awarded shall be the cost together with one-half of the excess. Expkmatim.-The value of the net produce meanr the amount remaining; after deducting from the value I of the gross produoe, the cost of dtivation and the Government assessment and oesses. I I I 1 10. When the improvement is not an improvement Impmvment to whioh motion 9 applies, but oomists of timber t- t:ey2P1Y$ a or of other useful trees or plants spontansously grown spontaneou#l~ 4 during the period of the tenancy or sown or planted ggzw dm? 1 by any of the persons mentioned in seotion 5, the oompensation to be awarded shall be three-fourthe by ien.nt.. of tihe sum whioh the trees or plants might reasonably be erpeoted to realize, if sold by publio auotion to be I oat and carried away. 11. When the improvement is not an improvement other kin& of to whioh seotion 9 or 10 applies, the oompensation i m p r o v d . to be awarded shall be the oost of the labaur, including mpervision thereof, and of the materials, together wi$h other expenditure, if any, whioh would at the 6ime of the valuation be required to make the improve- ment, less a rewonable deduotion on aooount of the deterioration, if any, whioh may have taken plaoe ege or obher mum. 4tU Cmpmation for Tenmeta Impmvemcnk [I900 : T.N. Act 1 /Vdqe of im- 12. Notwithstanding anjthing aontained in ma- e v e w n t to tions 9, 10 and ll, the amount of aompell~~tion 8ecertaineato be awarded for an improvement shall be asoer- in the way -t favourable tained in the way presoribed by any of the said seci- to the tenant. tions which is most favourable to tho tenant. (a) The compensation to be awardedfor o jack tree as a fruit-tree is mcerta'ned under section g to be Rs. 7, but for the same tree au a timber tree i t is ascertained under section 10 to be Rs. 10. (b) The compessation to be awarded for an immature cam. arina plantation i n ascertained under beetion 10 to be Rs. 20, but under ~Ootion 11 to boRs. 100. In each case, the Court shell award tho higher amount. Improvement 13. When the improvement oonsists in the proteo- consirtin13 in tion and maintenance of timber or fruit treos or of the protection ,d -,ten. other useful trees or plants not sown or planted snce of trees by any of the persons mentioned in section 3, or of and plants not such trees or plants spontaneously grown prior to the sown or planted by tenants and commenaement of the tenanoy, the compensation of trees and to be awarded shall be the proper cost of auah protec- p'atssp0nt8ne*tion O U S I ~ grown and maintenance ascertained as provided in prior to ten. seotion 11. en0 y. Power to frBme 14. The [State Government] may prepare %[for tables of maxi- mumand mini. any low1 area] tables showing the maximum and mum rates of the minimum rates of oompenaation to be awarded, oompenoetion. under this Aot for all or any olass of improvements, and when such tables have been published the amounb awarded as aompensstion under seotions 9, 10, 11 and 12 shall not, exoept where the Court is ea;ti&ed 1 The words "'Provincial Gbvernment " were substituted for the words " Lood ,$lovernment " by the Adapta$on Order 7 j 1837 and the word State " WM rubatitutad for Provinoid by the Adaptation Order of 1060. *Them wor& were rubmtituted for the wor& *' for (h, wholo or 411y part of the Malehu dietriot :' by seotion U (v) of the, Maknbar Tenenoy (Amendmenf) dot, 1961 ( T d Netia Ibt . x~x111; d 1961), vbiohasms inbo toroo op tbs 1- l ~ t ~ 900.: T.N. Act I] bompemd~on fov Tenants fmprovdments 4611 that there has been exceptional oare, skill or enter- prise on the part of the tenant, exceed suoh maximum rates, nor shall i t in any oase be less than suoh minimum rates. 15. (1) For the purpose of determining the amount Power to pre of oompensstion to be awarded under this Aot, the ;;ym","fb,";Od$ '[State Government] may prepare tables a[for any d B , the cost of looal area] showing all or any of the following matters : oultivating . I paddy, protect~ng, planting, and (a) the price of ooconpts, arecanuts, 3[oranges, ma,taining oashemuta, graft mangoes, tamarind], pepper and treesmdplants. paddy ; (b) the oost of- (i) oultivating and harvesting a crop of paddy ; (ii) planting, proteoting and maintaining a cooonut tree, an areoanut tree, a jaok tree, 4[an orange tree, a oashewnut tree, a graft mango tree, a tamsrind tree] and a pepper vine until the tree or vine is in bearing ; (iii) proteoting and maintaining a coconut tree, an arecanut tree, a jack tree 4[an orange tree, a oashewnut tree, a graft mango tree, a tamarind tree] and a pepper vine for one year when in bearing. \ (2) The tables prepared under this section shall such tables ,to be presumptive on publication be reoeivable in evidenoe, and the evidence that rates and amounts therein speoified shall be presumed the prices and to be the proper rates and amounts until the contrary z2ione;herz is proved : Provided that, in so far as suoh tables presoribe prices of produots, the presumption shall not be rebuttable exoept by proof of the average prioe as provided in section 16. - 1 The words "Provinoial & v e m n t " were substituted for the war* " Lo6d &ve-nt" by the Adaptation Order of 1937 and the word " State" waa substituted for "Provinnial" by the Adaptation Order of 1960. 1 These words were substituted fpr the words "for the whole OF any part of the Malabar district by section 46 (vi) (a) of the Melabar Tenanny (Amendment) Act, 1961 (Tamil Nadu Aot XXXIII of 1951), which came into force on the 16th Bkah 1952. 8 These words were inserted by eeotion 46 (vi) (b), ibu. $ , 6 These words were inserted by motion 46 (vi) (01, i b a . 466 , oompe~aion for Tenants Improvements [I800 : Value to be 16. In respect of any product for whioh no table aeoe*inea showing the price has been published, and whenever where no table has been prepar- the presumption under SeCti0ll 15 as to price is sought ed or the to be rebutted, the Court shall adopt as the money oorrectness Of value, for the purpose of awarding compensation the price men- tioned in the under section 9, the average price as nearly may be , table is d i a~u- ascertainable, in the taluk where the land is situated,. 1 fed. for a period of ten years immediately preceding the institution of the snit. 17. The tables prepared under this Aot shall be published '[in the Fort St. George a d District Gazettes in English and in such other language or languages as the State Government may by rules, prescribe] and shall be kept publicly posted in the Courts having jurisdiction over tho area to whioh the tables apply. The %[State Government] may by like publication omcel or vary from time to time the tables so published. Compe-tion 18, When trees are planted in excess of the following may be refused treee have scale, the Court, if satisfied that, in the circumstances been over- of the particular oase, the land is overplanted, may, planbd. notwithstanding anything hereinbefore oontained, either refuse to grant any oompensation, or may grant compensation at a lower rate, for so many of the trees as are in excess of the soale and are im- mature :- Coconut trees . . Areoesut trees . . Jmk trees . . . . 1 These words were substituted for the words " in English and Malaydam in thePort St. George and Malaba~Distriot Gazettee" by seotion 46 (vii) of the Malabar Tenanoy (Amendment) Aot, 1961 (Tamil Nadu Act XXXIII of 1961), whioh oame into foroe on the 16th Maroh 1952. a The wof? " Provincial Government " were substituted for the words Load Government " by the Adaptation Order :f 1937 and the word " State " was substitated for " hvinoia l by the Adaptation Order of 1960. 8 These figures were substituted for the m a " 120, 720, 60 " by seotion 46 (viii) (a) of the Malebm Tenanoy (Amendment) A&, 1951 (Tamil Nadu Aot XXXm of 196l), which oame into foroe on 4he 16th Yerob 1962. T.N. Act I] ~bmpemation for Teraataib Improuements 467 In the oase of a mixed garden eaoh tree s h d be allowed a proportionate fraction of an acre according to the above scale. '[Provided that in respect of the trees planted '&T;-d;I before the commencement of the Malabar Tenanoy of 1961. (Amendment) Act, 1961, the scale aforesaid shall be read as if for the figures '' 80 ", " 480 " and " 40 ", the figures " 120 ", " 720 " and " 60 " were respectively substituted. ] . Contracts 19. Nothing in any oontraot made after the first effecting day of January, 1886, shall take away or limit the tenant'sright to right of a tenant to make improvements and t o m ~ ~ s . i m p r O v e claim compensation for them in accordance with the provisions of this Act : *[Tamil Nadu] avothing contained in any contract made before xxx111 the first day of January 1886, shall take away or of 1961. limit the right of a tenant to make improvements after the commencement of the Malabar Tenancy (Amendment) Act, 1961, and to claim compensation for them in accordance with the provisions of this Act :] Provided that nothing herein contained shall affect any agreement in writing registered made after the effecting of the improvements settling the amount of compensation due therefor at the date of such agreement. 20. Nothing in this Aot shall be construed as taking 8wing O1au"* away the right of any person who may be entitled by law or custom to claim compensation for any improvements other than those dealt with under the provisions of this A@. - 1 This proviso wes added by section 46 (viii) (b) of the Malabar Tenancy (Amendment) Act, 1961 (Tamil N d u Act XXXIII-of 1061), which came into force on the 16th Maroh 1962. 3 These words were substituted for the word ' ' Madras " by the Tamil Nadu Adaptation of Laws Order, 1969, as amended by the Tamil Nadu Adaptation of Laws (Seoond Amendment) Oder, 1969. whioh oame into fome on the 14th January 1969. a This paragra h was inserted by section 46 (ix) of the Malabar Tensnop (~mengment) Aot, 1951 (Tamil NsduAct of 1961), whioh qame into force on the 16th M m h 1952.