Case: Ramachandraiah Etc Vs. Land Acquisition Officer, Sagar

appear to have been issued to them either by the Special Acquisition Officer or by District Judge though some of them did appear as witnesses for the claimants for deposing to the income of the land. Presumably, no such notices were issued to them on the ground that they were annual tenants and had, therefore, no alienable interest in the lands cultivated by them. We do not know whether by the expression annual tenants was meant that their tenancy was for one year only and would lapse on the expiry of the year. Even if it were so, by the time the notification under Ss. 4 and 6 of the Act were issued, (in April and August 1960), the Mysore Tenancy Act XIII of 1952 had come into force. Section 4 of that Act provided that a person lawfully cultivating any land belonging to another person shall be deemed to be a tenant if the conditions there set out are satisfied. Under S. 5 (1), there can be no tenancy for less than five years and all tenancies in force on the date of the commencement of the Act shall be deemed to be tenancies for a further period of five years from such date of the commencement of the Act. Under sub-sec. (2) of S. 5, no tenancy is terminable before expiry of the period of five years except on the grounds set out in S. 15, e.g., default by such a tenant in paying rent or the fair rent fixed under the Act as the case may be.5. The Mysore Tenancy Act, 13 of 1952 was amended first by Mysore Act, 16 of 1957, and again by Mysore Acts 24 of 1962 and 12 of 1963. Section 4 of Act 16 of 1957 provided that every tenancy in respect of which the period of five years specified in S. 5 of Act 13 of 1952 was due to expire during 1957 shall be deemed to be a tenancy for a further period of one year from the date on which the said period of five years was due to expire. Sub-sec. (3) of Sec. 4 further provided that notwithstanding anything contained in any law, notice given before the 11th day of March, 1957 by landlords to tenant terminating their tenancies at the expiry of the period of five years referred to in sub-sec. (1) on the ground of such expiry or on the ground that the landlord required the land for his personal cultivation shall be deemed to have been cancelled and shall have no effect and all applications made by landlords for possession of lands in pursuance of rent notices shall on the 11th March, 1957 stand dismissed. In 1961, the Mysore Legislature passed the Mysore Tenants (Temporary Protection From Eviction) Act, 37 of 1961. The Act was to remain in force till March 31, 1962 or such other date not later than one year after that date as the State Government may by notification specify. Section 3 of the Act provided that notwithstanding anything contained in any law or agreement, decree or order of a civil or revenue Court or a tribunal, no tenant shall be evicted from the land held by him as a tenant during the period that the Act remained in force. Section 4 of the Act stayed during the operation of the Act all suits and proceedings in execution of decrees or orders and other proceedings for the eviction of tenants from the lands held by them as such. The result of these provisions would appear to be that though the tenants of the lands in these appeals were inducted thereon originally as annual tenants, they got a fixed and secured tenure for additional periods and as deemed tenants they ceased to be persons entitled to possession only for one year as provided by their original leases. The point, therefore, is whether they acquired as a result of these provisions any share in the compensation.6. In view of these provisions the Special Land Acquisition Officer and the District Judge ought to have ascertained (which neither of them did) whether the tenants had any interest in the land and whether they were entitled to any share in the compensation payable in respect of lands under their cultivation. In the absence of the tenants before us, we find it difficult to go into these questions. Nonetheless, we do feel that in fairness to the tenants (if they are still on the land) their interests ought to have been ascertained and if they are entitled in law to any share, compensation according to the market value of the land should be ascertained afresh and their share, if allowable to them, should be allowed to them. If this were to be done, the annual income of the lands in question will have to be ascertained afresh from the evidence on record or otherwise and the net total income after deducting the costs of cultivation and other outgoings ascertained in order to arrive at the correct market value. If the position of the tenants as a result of the operation of the Tenancy Act has changed so as to make them entitled to a part of the compensation, that also will require to be ascertained. This is, of course, subject to the bar of limitation under S. 18 of the Act, for, it would prima facie appear that the tenants by appearing as witnesses for the claimants knew of the acquisition and the award and yet had made no application to be made parties to the reference before the District Judge. Even if it is found that the tenants are not entitled to any share in the compensation, the lands under tenants cultivation and those personally cultivated by the claimants cannot be valued on the same footing or the grounds set out earlier. A fresh calculation of compensation in any event of lands under the claimants cultivation is called for on the principles set out herein above.

Decision (1 = appeal accepted, 0 = rejected): 1

Explanation:
1[ds]It may be that resort may be had to fair rent as a true measure of income derived from a particular land by its proprietor for fixing the compensation by multiplying it by 20 years as has been done here by the High Court where no other method of valuation is possible. But where the acquired land has been under the personal cultivation of a claimant, the annual rent obtained by him from a tenant from another land may not be the correct or real income obtainable by the claimant. The rent of the land under a tenants cultivation may have been agreed upon several years ago or may not otherwise be the fair rent by reason of several factors. Quite apart from that, the two lands may not be equal in quality, situation and productivity and therefore the rent obtained for one cannot be the same for the other. Obviously, therefore, the annual rent obtained by a claimant from his tenant for one acquired piece of land cannot be applied as a measure for another piece of land which is personally cultivated by the claimant. The net return to the claimant from each of the two lands is bound to differ. Ordinarily, rent payable by a tenant would be fixed after calculating approximately the gross income less the tenants costs of cultivation, cost of labour expended by him and a certain amount of return for all the labour thrown in by him. In the case of land personally cultivated by a claimant, on the other hand, the income derived by such a claimant is arrived at by taking the gross income and deducting therefrom his expenses of cultivation, other expenses and outgoings. The net income thus arrived at is usually multiplied by 20 years purchase and the amount so calculated would be considered as equivalent to market value. In our view, the High Court was in error in equating the lands cultivated by the tenants and those under the personal cultivation of the claimants and applying to both a uniform measure, viz., the annual rent obtained from the former for fixing compensation. The two kinds of lands ought to have been separately treated and even if the rent in the case of tenant-occupied land was taken as a measure for such land, that could not properly be the measure for arriving at the market value of the land under the claimants personalresult of these provisions would appear to be that though the tenants of the lands in these appeals were inducted thereon originally as annual tenants, they got a fixed and secured tenure for additional periods and as deemed tenants they ceased to be persons entitled to possession only for one year as provided by their original leases. The point, therefore, is whether they acquired as a result of these provisions any share in the compensation.6. In view of these provisions the Special Land Acquisition Officer and the District Judge ought to have ascertained (which neither of them did) whether the tenants had any interest in the land and whether they were entitled to any share in the compensation payable in respect of lands under their cultivation. In the absence of the tenants before us, we find it difficult to go into these questions. Nonetheless, we do feel that in fairness to the tenants (if they are still on the land) their interests ought to have been ascertained and if they are entitled in law to any share, compensation according to the market value of the land should be ascertained afresh and their share, if allowable to them, should be allowed to them. If this were to be done, the annual income of the lands in question will have to be ascertained afresh from the evidence on record or otherwise and the net total income after deducting the costs of cultivation and other outgoings ascertained in order to arrive at the correct market value. If the position of the tenants as a result of the operation of the Tenancy Act has changed so as to make them entitled to a part of the compensation, that also will require to be ascertained. This is, of course, subject to the bar of limitation under S. 18 of the Act, for, it would prima facie appear that the tenants by appearing as witnesses for the claimants knew of the acquisition and the award and yet had made no application to be made parties to the reference before the District Judge. Even if it is found that the tenants are not entitled to any share in the compensation, the lands under tenants cultivation and those personally cultivated by the claimants cannot be valued on the same footing or the grounds set out earlier. A fresh calculation of compensation in any event of lands under the claimants cultivation is called for on the principles set out herein above.