Nk Rajendra Mohan vs Thirvamadi Rubber Co. Ltd And Ors

The appellant, one of the plaintiffs in the suit instituted before Munsif Court (II), Kozhikode along with others against the respondent No. 1 herein, seeking eviction of the latter from the land involved and damages for the use and occupation thereof, in his relentless pursuit for redress is before this penultimate institutional forum, having successively failed at all the intermediate tiers. The procrastinated tussle spanning over three decades eventually seeks a quietus at this end.

2. We have heard Mr. A. S. Nambiar, Senior Advocate for the appellant and Mr. A. M. Singhvi, Senior Advocate for the respondent No.1. Incidentally, the co-plaintiffs have been arrayed as other respondents in the instant appeal.

3. The salient facts, which make up the edifice of the lingering contentious dissent, however lie in a short compass. As adverted to hereinabove, the appellant alongwith others did institute a suit, being OS 569/1982 before Munsif Court (II), Kozhikode against the Respondent No. 1 praying for its eviction from the suit land and realization of arrear rent, damages etc, the pleaded case being that the suit land had belonged to their Tarwad and was a private forest. On 21.6.1918, an area of 963.75 acres was leased out to one Mr. Campbell Hunt for a period of thirty six years vide Exh. A 1 whereunder, the lessee was liable to pay a sum of Rs. 693.75 per annum towards annual rent. Eventually, through intervening transactions, the respondent-company stood inducted to the suit land with the same status. According to the plaintiffs, they were the joint owners of the property and asserted that neither the original lessee Mr. Campbell Hunt nor his successors did derive fixity of tenure or right of ownership either under the lease deed or the provisions of the Kerala Land Reforms Act 1964 (hereinafter referred to as Act 1963), brought into force on and from 01.04.1964 or any other tenancy laws prior thereto. The plaintiffs averred, that at the time of handing over the property to Mr. Campbell Hunt in the year 1948, the same was a private forest under the ownership and possession of their Tarwad. The lease which was for a period of 36 years with effect from 01.04.1918 lapsed with efflux of time and the respondent- company had no right to retain the possession thereof. The Plaintiffs admitted that it (respondent-company) had raised a rubber estate on the suit land. It was alleged that the respondent-company also did not pay the lease rent as fixed i.e. Rs. 693.75 per annum for the year 1979, 1980 and thereafter. That in inspite of several requests, it did not vacate the land by removing its buildings etc. therefrom for which a notice was addressed on 10.11.1980 to the respondent-company to vacate and deliver possession of the suit land was stated. According to the plaintiffs, in terms of the notice, the tenancy stood extinguished from 21.6.1981. However in response to the notice, the respondent-company claimed in its reply, that it had acquired the right of fixity of tenure on the suit land. In this factual premise, the plaintiffs instituted the suit, for the above reliefs claiming inter alia arrear lease rent at the rate of Rs. 693.75 per annum from 01.04.1979 to 20.06.1981 and damages at the same rate for the period subsequent thereto for use and occupation thereof.

4. The respondent-company in its written statement, resisted the suit. While admitting, the lease deed Exh. A 1, in favour of Mr. Campbell Hunt in the year 1918, it elaborated that out of total land leased, the cultivable area was 925 acres and that the lease was granted with the right to cultivate coffee, tea, pepper, cinchona, rubber etc. and any other produce as the lessee would consider proper, by cleaning the area. The respondent- company claimed fixity of tenure under the Malabar Tenancy Act 1929 (for short hereinafter referred to as Act 1929) as well as the Act 1963, and pleaded for the dismissal of the suit.

5. The learned Trial Court in the face of the respondent-company’s claim of fixity of tenure, referred the issue to the Land Tribunal, Kasargod which sustained this plea and consequently the suit was dismissed. The appeal preferred by the plaintiffs met the same fate. Being still aggrieved, they (appellants) did take the challenge before the High Court of Kerala. By the judgment impugned, the High Court has sustained the adjudication of the Courts below.

24. While repelling the impeachment of the statute qua the grounds enumerated in serial No. 1 and 2 as above, it was ruled that the lands held by the ryotwari pattadars as referred to therein and which had come to the State of Kerala by virtue of the States Re-organisation Act 1956 from the State of Madras were not estates within the meaning of Article 31 A (2) (a) of the Constitution and therefore the legislation under attack was not protected from the assailment under Articles 14, 19 and 31. Vis-a-vis the discord that the Act 1960 did effect a discrimination between areca and pepper plantations on one hand and certain other plantations on the other by not including these (areca and pepper plantations) in the definition of “plantation” provided by Section 2 (39) thereof, by totally disregarding the existing large number of areca and pepper plantations as comparable to tea and coffee and rubber plantations, this court sustained the same and being of the view that as the provisions relating to plantation contained in the assailed legislation were inseverable, adjudged the legislation as a whole to be unconstitutional. In concluding thus, this Court did explore the reasons impelling the legislature to treat these two categories of plantations as class different and observed that the objective of land reforms, including imposition of ceiling on land holdings as manifested by the statute under scrutiny, was to remove impediments arising from the agrarian structure inherited from the past, in order to increase agricultural production and create conditions, for evolving as speedily as possible an agrarian economy with a high level of efficiency and productivity as was underlined in the Second Five Year Plan. That thereunder, it was recognized that some exemptions would have to be granted from the ceiling, to ensure that the productions may not suffer, was taken note of as well. While referring to the Third Five Year Plan, dealing with land reforms and ceiling on agricultural holdings, this Court on an audit of the materials available, concluded that there was no appreciable difference between the economics of tea, coffee and rubber plantations and areca and pepper plantations so as to justify the differential treatment. The report of the concerned committee, that if areca gardens were brought under the ceiling, it would hamper production and would be against national economy and that it had recommended to the Planning Commission, the Central Government and the State Government that at par with tea, coffee and rubber plantations, orchards, areca nut gardens should also be similarly exempted from ceiling and that the result of the application of the ceiling and other provisions of Act 1960 would occasion breakup of the plantations with a likely result in fall in production, was also noted. While concluding that the same considerations as extended to tea, coffee and rubber plantations, were available as well to areca and pepper plantations, the omission of the respondent State, to set out adequate justification for exclusion of pepper and areca nut from the benefit of exemption granted to tea, coffee and rubber plantation was recorded. Adverting to the object and purpose of the Act 1960, and the basis on which exemption was granted thereunder to the plantations as defined thereby, it was held that there was no reason for making any distinction between tea, coffee and rubber plantations on one hand and areca and pepper plantations on the other, in the facts of the case. The contentions listed in serial No. 5 and 6 though, beyond the framework of the instant inquisition, suffice it to state, were answered in the affirmative in favour of the appellant.

The manner in which ceiling is fixed under the Act results in discrimination and is therefore violative of Art 14.

34. The consequences of the applicability of the Act, vis-a-vis the plantation need not detain us, as the same would be regulated by the provisions of the statute and as rightly asserted on behalf of the respondent-company, the course to follow would witness the State and the tenant as the parties thereto. With the enforcement of the Act 1963, the appellant would be left with no role in that regard.

35. On a totality of the consideration of all aspects, factual and legal as detailed hereinabove, we are of the unhesitant opinion that no interference with the findings recorded by the forums below is called for. The appeal lacks in merit and is thus dismissed.

36. No Costs.

For Appellant(s) Mr.A.S.Nambiar, Sr.Adv.

Mr. P. K. Manohar,Adv.

Ms.Shanta Vasudevan, Adv.

Hon'ble Mr.Justice Amitava Roy pronounced the Judgment of the Bench comprising Hon'ble Mr.Justice M.Y.Eqbal and His Lordship.

The appeal is dismissed, with no costs, in terms of the reportable Judgment.