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TMI Blog1971 (9) TMI 193X X X X Extracts X X X X X X X X Extracts X X X X ..... he year 1967-68 at 15 pallas of paddy, 14 maunds of areca and 500 bundles of hay or its value Rs. 2575/-from the respondent-tenant. The learned Munsiff, N. R. Pura who heard the said proceedings, by his order dated 31-3-1970 held that the petition filed for recovery of rent was barred by limitation. The learned Judge however fixed the fair rent at 12 1/2 quintals of paddy and 6 maunds & 6 seers of areca. The correctness of this order was challenged by the landlord before the court of the District Judge at Chickmagalur. The learned District Judge by his order dated 2nd December 1970 has dismissed the same. The learned Appellate Judge has held that the court awarding rent is not competent to determine the fair rent. It was also held that the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nually and the maximum that the landlord is entitled to recover has also been provided. For the purpose of determination of the gross produce or its value, it is provided in Sub-section (2) of Section 8 that gross produce per acre in any year of any land in each local area specified by the State Government by notification shall be the average yield for that year of the principal crops grown on that class and grade of land in that local area published under Sub-section (4). Sub-section (4) provides for publication of the average yield determined under Sub-section (3). The other sections which are relevant for the purpose of consideration are Sections 9 and 22 of the Act. Under Section 9 it is provided that "where the rent payable is a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... which it is possible for him to do. The tenant on account of having held the land belonging to the landlord, is required to pay the rent. Under Section 22 of the Act, tenant will be deemed to have failed to pay the rent if he does not pay it before the end of June next after the expiry of the year. Therefore whether the end of the year is 31st March or 31st June as stated in the Land Revenue Code, it is clear that so far as the payment of rent is concerned, the tenant is deemed to have failed to pay it, only when it is not paid till the end of June next after the expiry of the year. The rent, therefore, becomes due to the landlord by the end of June and if it is not paid by then, the cause of action for institution of the proceedings for re ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 6. In C. R. P. No. 715 of 1971, the only difference is that the landlord is the same but the tenant is a different person. The application for recovery of rent is for the year 1967-68 and it was filed on 7-2-1969. The trial court has rejected the application on the ground of limitation and that has been confirmed by the appellate court. Having regard to the view expressed by me in C. R P. No. 557 of 1971, it has to be held that the orders passed by both the courts below even In this case is erroneous and accordingly they are set aside. The learned trial Judge is now directed to determine the rent that the landlord will be entitled to recover and dispose of the proceedings in accordance with law. In the circumstances of the case, parties w ..... X X X X Extracts X X X X X X X X Extracts X X X X
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