The Travancore-Cochin Compensation for Tenants Improvements Act, 1956 (President's Act 10 of 1956)

IOl ~.) h A-e)r2J7~ 
L? rr. 
THE TRAY ANCOR'E-COCHIN COMPENSATION FOR -
TENANTS IMPROVEMENTS ACT, 1956. 
(President's Act No. X of 1956) 
CONTENTS 
Sections: 
1. Short title, extent and commcnceme,nt. 
2. Definitions. 
3. What are presumed to be in1proveme~ts. 
4. Tenant entitled to compensation for Improvements. 
5. Decree in ~viction to be conditional on payment of 
compensation. 
6. Tenant's right to remove .buildings, works or trees 
deemed not improvements. 
7. Improvement producing an increase in the value of 
the annual net produce. 
8. Trees or plants spontaneously grown. 
9. Other kinds of improvements. 
10. Value of improvement to be ascertained in the way 
most favourable to the tenant. 
11. ImprovcmeJlt consisting in protection and maintenance 
of trees a:o.d plants. 
12. Power to frame tables of maximum and minimum rates 
of compens,ation. 
13. Power to pr~pare tables of prices of produce etc. 
14. Values how a::~certnined when no table has been pre-
pared or the presumption is rebutted. 
15. Tables to be published. 
16. Compensation when area is ovcrplanted. 
17. Contracts affe.cting .compeusation for improvements to 
be invalid. 
18. Repeal. 
THE TRAVANCORE-COCHIN COMPENSATION FOR 
TENANTS IMPROVEMENTS ACT, 1956 
No. X OF 1956 
EN ACTED BY THE PRESIDENT IN TilE SEVENTH YEAR OF THE 
REPUBLIC OF INDIA. 
An Act to make provision for payment of compensation 
for improv~ments .made by tenants in the State of 
Travancore-Coohin. 
In exercise of the powers conferred by section 3 of the 
Tr.avancore-Cochin State Legislature (Delegation of Powers) 
Act, 1956 (29 of 1956) the President is pleased to enuct as 
follows:·-· . 
1. Sho-rt title, extent and commencement. (1) This Act may 
be called the Travancore-Cochin Compensation for Tenants 
·I.m:Prov.ements Act, -1956. 
Republished m the Gazette Extraordinary dated 31st October, 19:5&. 
31-781 
104 
(2) It extends to the whole of the State of Travancore­
Cochin. 
(3} It shall come into force at once. 
2. Definitions. In this Act, unless the context otherwise 
requires,-
(a) "eviction" means the recovery of possession of land 
from a tenant; 
(b) "improvement" means any work or product of a 
work which adds to the value of the holding, is suitable 
to it and consistent with the purpose for which the holding 
is let, mortgaged or occupied, but does not include such 
clearances, embankments, levellings, enclosures, temporary 
wells and water channels as are made by the tenant in the 
ordinary course of cultivation and without any special ex­
penditure or any other benefit accruing to land from the 
ordinary operations of husbandry; 
(c) "State" means the State of Travancore-Cochin; 
(d) "tenant" with its grammatical variations and 
cognate expressions, includes a person who, as lessee, sub­
lessee, mortgagee or sub-mortgagee or in good faith believ­
ing himself to be lessee, sub-lessee, mortgagee or sub­
mortgagee of land, is in possession thereof or who,with the 
bona fide intention of attorning and paying a resonable rent 
to the person entitled to cultivate or let waste-land but 
without the permission of such person, brings such land 
under cultivation and is in occupation thereof as cultivator. 
3. What are presu;med to be improvements. Until the con­
trary is shown, the following works or the products of such 
works shall be presumed to be improvements for the purposes 
of this Act,-
(a) the erection of dwelling houses, buildings appur­
tenant thereto and farm buildings; 
(b) the construction of tanks, wells, channels dams and 
other works for the storage or supply of water for agri­
cultural or domestic purposes; 
(c) the preparation of land for irrigation; 
(d) the conversion of one-crop into two-crop land; 
(e) the drainage, reclamation from rivers or other 
waters or protection from floods or from erosion or other 
damage by water, of land used for agricultural purposes 
or of waste-land which is culturable; ' 
(f) the reclamation, clearance, enclosure or permanent 
improvement of land for agricultural purposes; 
(g) the renewal or reconstruction of any of the fore­
going works or alterations therein or additions thereto· and ' 
(h) the planting or protection and maintenance of 
fruit trees, timber trees and other useful trees and planti;J, 
·......__ ___ ------------
t 
los 
4. Tenant entitled to ccnnpensation for improvement~. (1) 
Every tenant shall, on eviction, be ent!tled ~o compensatio!l ~or 
improvements which were made by hi~, his prede~essor-m-m­
terest or by any person not in occupation at the bme of ~he 
eviction who derived title from either of them and for which 
compensation had not already been paid;, and ev~ry tenant to 
whom compensation is so due shall, notwithstandmg the geter­
mination of the tenancy or the payment or tender ?f ~he mort­
gage money or premium, if any, be entitled to remam m posses· 
sion until eviction in execution of a decree or order of court: 
Provided that nothing herein contained shall be construed 
as affecting the provisions of the Travnncore-Cochin Land 
Conservancy Act, 1951 (XIX of 1951). 
(2) A tenant so continuing in possession shall, during 
such continuance, hold as a tenant subject to the terms of his 
lease or mortgage, if any. 
5. Decree in eviction to be conditional on pa?t,ment of com­
pensation. (1) In a suit for eviction instituted against a 
tenant in which the plaintiff succeeds and the defendant esta­
blishes a claim for compensation due under Eection 4 for im­
provements, the court shall ascertain as provided in sections 7 
to 16, the amount of the compensation and shall pass a decree 
declaring the amount so found due and ordering that on pay­
ment by the plaintiff into the court of the amount so found 
due and also the mortgage money or the premi11m, as the case 
may be, the defendant shall put the plaintiff into possession of 
the land with the improvements thereon. 
(2) If in such suit the court finds any sum of money due 
the defendant to the plaintiff for rent, or otherwise in respect 
of the tenancy, the court shall set off such sum against the 
sum found due under sub-section (1) , and shall pass a decree 
declaring as the amount payable to him on eviction the amount 
if any, remaining due to the defendant after such set-off: 
Provided that the court shall not set off any sum of money 
due for rent as aforesaid, if such sum is not legally recoverable. 
(3) The amount of compensation for improvements made 
subsequent to the date up to which compensation for improve­
ments has been adjudged in the decree and the re-valuation ot 
an improvement, for which compensation has been so a.djudged 
when and in so far as such re-valuation may be necessary with 
reference to the condition of such improvement at the time of 
eyiction as well as any S)Jm of money accruing due to the plain­
tiff subsequent to the said date for rent, or otherwise in respect 
of ~he tenancy shall be determined by order of the court exe­
c~tmg the decree and the decree shall be varied in accordance 
with such order. 
(4) Every matte~ arising: under sub-section (3) shall be 
d~e~ed to be a .question rclati?g to the execution of a decree 
wtthm the meamng of sub-sectiOn (1) of section 47 of the Code 
of Civil Procedure, 1908 ( 5 of 1908) . 
106 
6. Tenant's right to remove buildings, works or trees deemed 
not improvements. Whenever a court passes a decree or order 
for eviction against a tenant and such tenant has erecte.d any 
buildmg, constructed any work or plante~ any tree wh~ch the 
court finds IS not an improvement for which compensatw.n can 
be claimed, but which, the court finds can be removed without 
substantial injury to the holding, such tenant may remove su~h 
building, work or tree within a time to be ~ed by t~e court m 
its decree or order and the court may, from time to tlme, extend 
the time so fixed. 
7. Improvement producing an increase in the value of the 
annual net produce. When th~ improvement is not a!l improv~­
ment to which section 11 applies and has caused an mcrease m 
the value of the annual net produce of the holding, the court 
shall c;letermine as nearly as may be, the average net money 
value of such increase and shall award &s compensation for the 
improvement, three-fourths of the amount arrived at by capita­
lising such net money value at 20 times. 
Explanatwn 1.-The value of the net produce means the 
amount remaining after deducting from the value of the gross 
produce the ~ost of cultivation and the ·Government assessment 
and local taxes. 
Explanation 2.-In determining the net money value of the 
increase, regard shall also be had to the condition of the im­
provement and probable duration of its effects and the labour 
and capital required for making such improvement. 
8. Trees or plants spontaneously grown. When the im­
provement is not an Improvement to which section 7 applies 
but consists of timber trees or of other useful trees or plants 
spontaneously grown during the period of the tenancy or sown 
or planted by any of the persons mentiOned in section 4, the 
compensatiOn to be awarded :!!hall be three-fourths of the sum 
whichf the threes obr
1
.plants .mightbrcasonably be expected to rea- )t , 
lise :i sold y pu 1c auctwn to e cut and carried away. 
9. Other kinds of i.mprovements. When the improvement 
is not an improvement to which section 7 or section 8 applies, 
the compensation to be awarded shall be the cost of the labour 
including supervision thereof and of the materials together 
with other expendtture, if any, whi~h would, at the time of the 
valuation, be required to make the improvement, less a reaso­
nable deduction on account of the deterioration, if anv which 
may have taken place from age or other cause. • ' 
10. Value of improvement to be ascertained in the uay most 
(avourffbl.c to the tenant. Notwithstanding anything contained 
m sections 7, 8 and 9, the amount of compensation to be awarded 
for an improvement shall be ascertained in the way prescribed 
by any of the said sections which is most favourable to the 
tenant. 
Illustrations.- (a) The compensation to be awarded for a 
,iack tree as a fruit tree is ascertained under section 7 to be 
---
t 
1\. Pt.D\1 
r6 1 Assts~nn
1
t ~ N_ !l F · • .. -.. 
. Tel .. "'~ . Rs. 7, but for .the sa1Jle tree as a timl?er tree it u~· ~cerla1ncd 
under section 8 to be Rs. 10 . 
(b) The compensation to be awnrdcd for an immature 
casuarina plantation is ascertamcd under section 8 to be Rs. 20, 
but under section 9 to be Rs. 100. 
In each case the court shall award the higher amount. 
11. Improvement consisting in protectimJ and maint~nance 
of trees and plarrts. When the improvem~nt consists m the 
protection and maintenan<!e of timber or frmt trees or of other 
useful trees or plants not sown or planted by any of the persons 
mentioned in section 4, or of such trees or plants spontaneously 
grown prior to the commencement of the tenancy, the com­
pensation to be awarded shall be the proper cost of such pro­
tection and maintenance ascertained as provided in section 9. 
12. Power to frame tables of ma.-rimum and minimum rates 
of compensatwn. The Government may pr·cparc for the whole 
or any part of the State, tables showmg the maximum and 
mmimum rates of compensation to be awarded under this Act, 
for all or any class of improvements and when such tables have 
been published, the amQunt awarded as compensation under 
sections 7, 8, 9 and 10 s)lall not ordinarily exceed such maxi­
mum rates nor shall it in any case be less than such minimum 
rates. 
13. Power to prepare tables of prices of produce, etc. (1) 
For the purpose of determining the nmount of compensation to 
be awarded under this Act, the Government may prepare tables 
for the whole or any part of the State showing all or any of the 
following matters.-
(a) the price of cocoanuts, arccanuts, pepper and 
paddy; 
(b) the cost of-
(i) cultivating and harvesting n crop of paddy· 
( ii) planting, protecting and maintaining a c~coanut 
tree, an arecanut tree, a jack tree, a mango tree and a 
pepper vine, until the tree or vine is in bearing; 
(iii) protecting and maintainmg a cocoanut tree an 
arecanut tree, a jack tree, n mango tree and a ~pper 
vine for one year when in bearing. 
( 2) The tables prepared under this section shall on 
publication be receivable in evidence and the rates and amounts 
therein speci~ed shall be presumed to be the proper rates and 
amounts unbl the contrary is proved: , 
Provided that, in so far as such tables prescribe prices of 
products, the presumption shall not be rebuttabl(' except by 
proof of the average price as provided in section 14. 
14. Values h~w ~certained when no table has been prepared 
or !he presumptwn ~s rcbutte~. In respect of any product for 
Which no table sho!VIng the priCe has been published and when­
ever the presumptiOn under section 13 is rebutted, the court 
lOA 
shalt adopt, as the money value for the purpose of awarding 
compensation under section 7, the average price, as nearly as 
may be ascertainable in tfie tal~k where th~ land i~ si~ua~d, 
for a period of 10 years, Immediately precedmg the msbtutlon 
of the suit. 
15. Tables to be publi8k6d. The tables prepared under this 
Act shall be published in English and in Malayalam or Tamil 
in the Gazette and shall be kept publicly posted in the Civil 
Courts having jurisdiction over the area to which the tables 
apply. 
The Government may, by like publication, cancel or vary, 
from time to time, the tables so published. 
16. Compensation when area. is overplanted. When trees 
are planted in excess of the following s~;a.le, the court, if satis­
fied that, in the circumstances of the particular case, the land 
is overplanted, may, notwithstanding anything hereinbefore 
contained either refuse to grant any compensation or may grant 
compensation at a lower rate, for so many of the trees as are 
in excess of the scale and are imm9.ture :-
Cocoanut trees 100 per acre. 
Arecanut trees 720 per acre. 
Jack trees 60 per acre. 
In the case of a mixed garden, each tree shall be allowed a 
proportionate fraction of an acre accordiDg to the above scale. 
17. Contracts affe«-'ting compensation for improvements to 
be invalid. Nothing in any contra.ct entered into before the 
commencement of this Act shall take away or limit the right 
of a tenant to make improvements 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 and made after the effecting 
of the improvements settling the amount of compensation due 
therefor at the date of such agreement: 
Provided further that this section shall not operate against 
any contrP.ct whereby the tenant's right to make improvements 
in the natu!"e of buildings or to claim value of improvements 
therefor has been taken away or limited. 
18. Repeal. The Cochin Tenancy Act, XV of 1113, is hereby 
repealed. ' 

‹ Prev All Kerala acts Next ›