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Randupurayil Kunhisow, Karnavan and Manager of His Tarwad Vs. Neroth Kunhi Kannan and ors. - Court Judgment

LegalCrystal Citation
SubjectTenancy
CourtChennai
Decided On
Reported in(1908)18MLJ98
AppellantRandupurayil Kunhisow, Karnavan and Manager of His Tarwad
RespondentNeroth Kunhi Kannan and ors.
Cases ReferredMalikan v. Shankunni I.L.R.
Excerpt:
- .....the question which has been referred to us is that in the case of a contract made prior to january 1st, 1886, the rate of compensation is governed by the terms of the.....
Judgment:

1. We are of opinion that Section 7 of the Act of 1887, which is reproduced as Section 19 of the Act of 1900, precludes parties from contracting themselves out of the Act by any contract made after anuary 1st, 1886, but that it does not affect the validity of contracts made prior to January 1st, 1886, whether the improvements were made before or after the coming into operation of the Act of 1887. As regerds Viru Mammad v. Krishnan I.L.R. (1893) M. 149 a refeence to the printed papers shows that the contacts of the defendants other than the 6th defendant were in fact made after Janury 1st, 1886. We are unable to agree with the decision in Malikan v. Shankunni I.L.R. (1898) M. 502.

2. Our answer to the question which has been referred to us is that in the case of a contract made prior to January 1st, 1886, the rate of compensation is governed by the terms of the contract.


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