The Malabar Compensation for Tenants Improvements Act, 1899

 
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The Malabar Compensation for Tenants Improvements Act, 1899 
 
Act 1 of 1900 
 
 
 
 
 
 
 
 
Keyword(s): 
Tenant, Ejectment, Improvement, Compensation 
 
4#8 Rcgwtrdim oj Birth and Death (1899 : T.N. Aet III 
8~rwationfor Tenant8 Improvemcntr [I900 : T.N. Act1 
(4) for the oustody, produotion and trader 
of the registers and other reoords kept by regiatrarr ; 
(6) for the oorreotion of olerioal errors whioh 
may be disoovered in the registera of bfrthr or 
registers of deaths ; 
(6) generally to omy out the provision6 of +hie 
Aob. 
l(TABSIL NADU) ACT No. I OF 19001. 
[THI UABAB COWPEWSATIOX BOR TSXWIY) 
~BOVP~XTS ACT, 1800.) 
(Received the asaent oj the Governor on the 4th Dcclnnbcr 
1899, and that of the Governor-General on tht 3rd 
January 1900 ; the assent of the Qovem-Benerd 
was published in the Port St. George Gazette ejtllc 
9th January 1900.) 
An Act to secure to tenants in ' [certain arw 
in the State of Tamil Nadu adjacent to the 
brritoq which ilnmediately before the firat 
day of November 1956 was comprised in the 
Malabar district] compensation for improve- 
ments. 
rrmbl. WEEBEAS it ia e@ent to +mend the hwrehtbg 
to oompenaation for improvements made by tenant# 
in '[oertain meas in the State of Tamil Nadu adjwmC - - 
1 Theme word. were substituted for the word " &d?~ " by the Tamil Nadu Adaptation of Lawn Order, 1969, M amended by 
the Tamil Nsdu -4daptation of laws (Second Amendment) Old.1, 
1969, whioh oame into force on the 14th Jauuery 1969. 
~Po1Stat~tntofObjwbd~uaP~6y. Gborg 
Chze~Sa t.daM~~I#b~I~; SmRcpald 
U*.VJn=U1r.Uhlllr*.Uad3**li *~=in~~~ibidddedth,~~~~~~, 
p. 9 ; ard i&% dated tha 12th hmber 1899, p. 16. 
8 The words " 00& areas in the stet8 of Ma&- rrdjaorn( to the territory whioh immediately before the lat day of Novemh 
1966 wsa cornprieed in the Mslsbar dietriot" were rubatituted 
for the words " the Malabar dietriot snd certain neighbourty 
uese in the State of Madras " by th7'Madxaa Adaptetio? of Lawr 
Ordey. 1?!7 and for the expreaaion State of Msdru . tbs a. presslon State of Tamil N.duS* ass aubatituted by the Td Nedu Adeptation of Laws Order, 1970. which WM desmbd to h.re 
aome into force on the 14th January 1969. 
1900 : T.N. Ad l(1 Oompemat;on for Tenankr Itnpovcmerrrb 459 
,' 
to the territory whioh immediately before the lab 
day of November 1966 was oomprised in the Malabm 
listriot] ; It is hereby eneoted as follows :- 
'[I. Thiu Aot my be oalled the &labar Compen- shm vtle. 
sation for Tenants Improvements Aot, 1899.1 
2. [Re~eal of Act I of 1887.1 Rep. by the Repealing 
md Amding Act, 1901 (Central dct XI of 1901). 
8. In this Aot, unless there is something repugnant Intarprr*tia- 
in enbject or oonted,- rlaWJ0. 
(1) " hnant," with its grammatical variations lqe-rsv. 
mil eo<mate expressions, includea a person who as 
lassee, aub-lessee, mortgagee or sub-mortgagee or in 
good faith believing himaelf to be lessee, sub-lessee, 
momagee or sub-mortgagee of land is in possession 
thereof, or who, with the bona$.de intention of attorn- 
iag and prying the oustomary rent to the person 
entitled to dtivate or let waste-land, but without 
the permission of suoh person, brings suoh land 
rnder onltivation and is in oooupation thereof a# 
dtivstor : 
(a) " ejeotment " inoludea redemption or recover;r "Ejsotmont". 
of poaaoasion of land mortgaged. 
(3) " improvement " means any work or product ,qmpreTc- 
of a work whioh adds to the value of the holding, ment9*. 
is suitable to it and oonsistent with the purpose for 
whioh the holding was let, mortgaged or oooupied : 
4. Until the oontrary ie shown the following worku mar 
or the produots of suoh works shall be presumed wmea to b. 
fo be improvements for the purposes of this Act- impzoremant.. 
(a) the ereotion of dwelling houses, building3 
rppnrtenant thereto, and farm buildings ; 
1Thio motion wm mbs~titubd by the Madras Adaptation of 
Zawr Or&, 1967, for the origind aeotion 66 mended by we- 
Uon 48 (3) of the Xkf8bberTemoy (hmldlpmt) dot, 1961 (Ta 
W.da Aot XXXm of 1061). whloh aame into foroe on the 16th 
y.lrh 196%. 
460 Compe7wafion for Te~nd8 ~~memcnts [I900 : T.N. Act 1 
(b) the oomtruotion of tanks, welis, ohannels, 
dams and other works for the storage or supply of 
water for agricultural or domestio purposes ; 
(c) the preparation of land for irrigation ; 
(a) the conversion of one-orop into two-mop 
land ; 
(e) the drainage, reolamation from rivers or 
other waters, or proteotion from Fob, or from 
erosion or other damage by water, 4, land used for 
agrioultural purposes, or of waste land whioh is 
culturable ; 
Cf) the reclamation, olearance, enolosure or per- 
manent improvement of land for agrioulturel pur- 
poses ; 
(g) the renewal or re-oonstruotion of any of the 
foregoing works, or alterations therein or additions 
thereto ; 
: 
(h) the planting or proteotion and maintennnoe 
of fruit-trees, timber-trees and other useful treer 
and plants. 
5. (,I) Every tenant shall on ejeotment be entitled 
T~~t *ntitled to compensation for improvements which have been b eompsnse- +,ion on @jeot. made by him, his predecessor in interest, or by 
-t. any person not in oocupation at the time of the ejeot- 
ment who derived title from either of them, and for 
whioh oompensation has not, already been paid; 
and every tenant to whom oompensation is eo due 
ohall, notwithstanding the determination of the 
tenancy or the payment or tender of the mortgage- 
money (if any), be entitled to remain in pomwsion 
until ejootment in execution of e deoree or order of 
Court. 
(2) A tenant so continuing in poesesaion shall 
during suoh oontinuance hold ss a tenent subjead 
to the terms of hi, lease or of the mortgage, rs the 
obse may be, 
6. (1) In a suit for ejeotment instituted against! e in 
tenant in whioh the p1aintiiT suoc8eds and the defen- ejectment to be 
dant establishes a olaim for oompensation due under ~y'~~~al :; 
tkction 6 for improvements, the Court shall asoertain amount of corn- 
as provided in sections 9 to 18 the amount of the pensation aecer- 
oompensstion and shall pass a deuree declaring the zp& oyt:t 
amount so found due and ordering that, on payment diffewnce bet- 
b;y the plaintiff into Court of the amount so found ween it and the amount, if my, due and also the mortgage-money (if any), ' [on or adjudged to the 
before such date within six months from the date of plaintiff from 
Che deuree as the Court may fix] the defendant shall the defendant. 
pat the plaintiff into possession of the land with the 
improvements thereon. 
(2) If in suoh suit the Court finds any sum of 
money due by the defendant to the plaintiff for renb 
or otherwise in respeot of the tenancy, the Court shall 
set-off such sum against the sum found due under 
sub-motion (I), and shall pass a decree deolaring 
es the amount payable to him on ejectment the 
amount (if any) remaining due to the defendant 
after such set-off : 
@Povided that, where there are several defen- 
dants in a suit, the oourt shall not set-off under this 
sub-sedion any sum of money due by any one of the 
defendants for rent or otherwise in respect of the 
denanoy against the sum due under sub-section (1) 
tm any of the other defendants ih that suit.] 
(3) The amount of compensation for improve- cornpensetion 
ments made subsequent to the date up to which for mbmquent 
oompexmtion for improvements has been adjudged improvements 
in the deoree, and the revaluation of an improve- r:eztet; 
ment for whioh oompensation has been so adjudged, improvemente 
when and in so far as such re-valuation may be neoes- at the time of 
aary with refereno8 to the condition of such improve- Ojecmen*o 
ment at the time of ejectment as well as any sum of - 
Thee3 words were added by section 46 (iii) (a) of the Malabar 
eenanoy (Amendment) Act, 1961 (Tamil Nadu Act XXXILI: of 
1961). which me into fome on the 16th Maroh 1962. 
2s ThU prwid ru a&M by mstion 46 (iii) (b), W. .a 
462 Comp61~9ation for Tenants Improvements [I900 : T.N. Aet I 
money acoruing due to the plaintiff subsequent to 
the said date for rent or otherwise in respeot of the 
tenanoy, shall be determined by order of the Court 
executing the deoree and the deoree shell be varied 
in accordance with such order. 
(4) Every matter arising under sub-section (3) 
shall be deemed to be a question relating to the exe- 
oution of a deoree within the meaning of olause (c) 
of section 244 of the Code of Civi1,Procedure 1. 
Tonantmaf 7. Whenever a cknlrt passes a decree or order for 
remove ejeotment against a tenant and suoh tenant has 
~~~e;,wO$~ ereoted any building, oonstructed any work or planted 
deemed im- any tree which the hurt finds is not an improvemenb 
provements~ for which oompenstltion oan be claimed, but which within time to 
be eed. the Court finds oan be removed without substantial 
injury to the holding, suoh tenant may remove suoh 
building, work or tree within a time to be fixed by 
the Court in its decree or order. 
powere to make 
rdes for 
appointment of 8. The sfstate Government] may, from time to 
roremors, etc. time, by notification in the Port 8Sb. amge rmd a[ ] District Gaelte make rules requiring the Court to 
assooiate with itself, for the purpose of estimating 
the oompensation to be awarded under motion 6 for 
an improvement, suoh number of assessors as the 
%[State Government] thinks fit, determining the 
qualifioations of those assessors, the mode of seleoting 
them, the fee payable to them, and the prooedure 
to be followed in case of a difFerenoe of opinion 
between the judge and one or more of suoh esee-m. 
Improvement 9. (1) When the improvement is not an improve- 
p~~i~ an ment to which section 13 applies and has oa~leed 
inorem in the (UI increase in the value of the annual net produoe 
1 Sea now seotion 47 of the Code of Civil Prooeduld, 1008 (ha1 
Aot V of 1908). 
8 The wo* '' Provinoisl aOyt" wem mhstitutsd ib 
the words Looal Government by the Adaptetion OrQr of 
1987 and the word "Skate " waa eubstituted for " Provh&p 
by the Adaptation Order of 1950. 
8 The word "Mdabar" was omitted bp eeetion 46 (iv) of the 
&labar Tenancy (Amendment) ht, 1951 (Tam;l Nedu Ao) 
XXXIII of 1961), whioh oome into fome on the 16th &r~h lea 
i 1900 : T.N. Act Q Conqmnotionf' Tmank I~oI,~ ws 
of *he holding, the Court ehall determine, ae nearly ,dm, af 
as may be, the average net money value of suoh annual wt 
inorease end the number of years during whioh suoh P*~UW- 
inamam may ressonably be expected to oontinue, 
and ahall then asoertain the present value, at 6 per 
mt of an annuity equal to such money value for 
moh number of years, and also the cost of making 
the improvement determined in the manner presoribed 
in eeotion 11. 
(2) If the present value of the annuity does 
not exoeed the cost of making the improvement, the 
prwnt value shall be the c~mpensation to be awarded. 
(3) If the presen$ value of the annuity exoeeda 
bhe cost of making the improvement, the oompensa- 
tion to be awarded shall be the cost together with 
one-half of the excess. 
Expkmatim.-The value of the net produce meanr 
the amount remaining; after deducting from the value 
I of the gross produoe, the cost of dtivation and the 
Government assessment and oesses. 
I 
I I 1 10. When the improvement is not an improvement Impmvment 
to whioh motion 9 applies, but oomists of timber t- t:ey2P1Y$ 
a or of other useful trees or plants spontansously grown spontaneou#l~ 4 
during the period of the tenancy or sown or planted ggzw dm? 
1 by any of the persons mentioned in seotion 5, the 
oompensation to be awarded shall be three-fourthe by ien.nt.. 
of tihe sum whioh the trees or plants might reasonably 
be erpeoted to realize, if sold by publio auotion to be 
I 
oat and carried away. 
11. When the improvement is not an improvement other kin& of 
to whioh seotion 9 or 10 applies, the oompensation improvd. 
to be awarded shall be the oost of the labaur, including 
mpervision thereof, and of the materials, together 
wi$h other expenditure, if any, whioh would at the 
6ime of the valuation be required to make the improve- 
ment, less a rewonable deduotion on aooount of the 
deterioration, if any, whioh may have taken plaoe 
ege or obher mum. 
4tU Cmpmation for Tenmeta Impmvemcnk [I900 : T.N. Act 1 
/Vdqe of im- 12. Notwithstanding anjthing aontained in ma- 
evewnt to tions 9, 10 and ll, the amount of aompell~~tion 
8ecertaineato be awarded for an improvement shall be asoer- in the way 
-t favourable tained in the way presoribed by any of the said seci- 
to the tenant. tions which is most favourable to tho tenant. 
(a) The compensation to be awardedfor o jack tree as a fruit-tree is mcerta'ned under section g to be Rs. 7, but for the 
same tree au a timber tree it is ascertained under section 10 to be 
Rs. 10. 
(b) The compessation to be awarded for an immature cam. arina plantation in ascertained under beetion 10 to be Rs. 20, but 
under ~Ootion 11 to boRs. 100. 
In each case, the Court shell award tho higher amount. 
Improvement 13. When the improvement oonsists in the proteo- 
consirtin13 in tion and maintenance of timber or fruit treos or of the protection 
,d -,ten. other useful trees or plants not sown or planted 
snce of trees by any of the persons mentioned in section 3, or of 
and plants not such trees or plants spontaneously grown prior to the sown or planted 
by tenants and commenaement of the tenanoy, the compensation 
of trees and to be awarded shall be the proper cost of auah protec- 
p'atssp0nt8ne*tion OUSI~ grown and maintenance ascertained as provided in 
prior to ten. seotion 11. 
en0 y. 
Power to frBme 14. The [State Government] may prepare %[for tables of maxi- mumand mini. any low1 area] tables showing the maximum and 
mum rates of the minimum rates of oompenaation to be awarded, 
oompenoetion. under this Aot for all or any olass of improvements, 
and when such tables have been published the amounb 
awarded as aompensstion under seotions 9, 10, 11 
and 12 shall not, exoept where the Court is ea;ti&ed 
1 The words "'Provincial Gbvernment " were substituted for 
the words " Lood ,$lovernment " by the Adapta$on Order 7j 
1837 and the word State " WM rubatitutad for Provinoid 
by the Adaptation Order of 1060. 
*Them wor& were rubmtituted for the wor& *' for (h, wholo 
or 411y part of the Malehu dietriot :' by seotion U (v) of the, Maknbar Tenenoy (Amendmenf) dot, 1961 (Td Netia Ibt 
. x~x111; d 1961), vbiohasms inbo toroo op tbs 1- l~t~ 
900.: T.N. Act I] bompemd~on fov Tenants fmprovdments 4611 
that there has been exceptional oare, skill or enter- 
prise on the part of the tenant, exceed suoh maximum 
rates, nor shall it in any oase be less than suoh 
minimum rates. 
15. (1) For the purpose of determining the amount Power to pre 
of oompensstion to be awarded under this Aot, the ;;ym","fb,";Od$ 
'[State Government] may prepare tables a[for any dB, the cost of 
looal area] showing all or any of the following matters : oultivating 
. I 
paddy, protect~ng, planting, and (a) the price of ooconpts, arecanuts, 3[oranges, ma,taining 
oashemuta, graft mangoes, tamarind], pepper and treesmdplants. 
paddy ; 
(b) the oost of- 
(i) oultivating and harvesting a crop of paddy ; 
(ii) planting, proteoting and maintaining a 
cooonut tree, an areoanut tree, a jaok tree, 4[an 
orange tree, a oashewnut tree, a graft mango tree, 
a tamsrind tree] and a pepper vine until the tree 
or vine is in bearing ; 
(iii) proteoting and maintaining a coconut 
tree, an arecanut tree, a jack tree 4[an orange tree, 
a oashewnut tree, a graft mango tree, a tamarind 
tree] and a pepper vine for one year when in bearing. 
\ 
(2) The tables prepared under this section shall such tables ,to be presumptive on publication be reoeivable in evidenoe, and the evidence that 
rates and amounts therein speoified shall be presumed the prices and 
to be the proper rates and amounts until the contrary z2ione;herz 
is proved : Provided that, in so far as suoh tables 
presoribe prices of produots, the presumption shall 
not be rebuttable exoept by proof of the average 
prioe as provided in section 16. - 
1 The words "Provinoial &vemnt " were substituted for the 
war* " Lo6d &ve-nt" by the Adaptation Order of 1937 
and the word " State" waa substituted for "Provinnial" by the 
Adaptation Order of 1960. 
1 These words were substituted fpr the words "for the whole OF 
any part of the Malabar district by section 46 (vi) (a) of the 
Melabar Tenanny (Amendment) Act, 1961 (Tamil Nadu Aot 
XXXIII of 1951), which came into force on the 16th Bkah 1952. 
8 These words were inserted by eeotion 46 (vi) (b), ibu. 
$, 
6 These words were inserted by motion 46 (vi) (01, iba. 
466 , oompe~aion for Tenants Improvements [I800 : 
Value to be 16. In respect of any product for whioh no table 
aeoe*inea showing the price has been published, and whenever where no table has been prepar- the presumption under SeCti0ll 15 as to price is sought 
ed or the to be rebutted, the Court shall adopt as the money oorrectness Of value, for the purpose of awarding compensation the price men- 
tioned in the under section 9, the average price as nearly may be 
, table is dia~u- ascertainable, in the taluk where the land is situated,. 
1 fed. for a period of ten years immediately preceding the 
institution of the snit. 
17. The tables prepared under this Aot shall be 
published '[in the Fort St. George ad District 
Gazettes in English and in such other language or 
languages as the State Government may by rules, 
prescribe] and shall be kept publicly posted in the 
Courts having jurisdiction over tho area to whioh 
the tables apply. 
The %[State Government] may by like publication 
omcel or vary from time to time the tables so published. 
Compe-tion 18, When trees are planted in excess of the following may be refused treee have scale, the Court, if satisfied that, in the circumstances 
been over- of the particular oase, the land is overplanted, may, 
planbd. notwithstanding anything hereinbefore oontained, 
either refuse to grant any oompensation, or may 
grant compensation at a lower rate, for so many of 
the trees as are in excess of the soale and are im- 
mature :- 
Coconut trees . . 
Areoesut trees . . 
Jmk trees . . . . 
1 These words were substituted for the words " in English and Malaydam in thePort St. George and Malaba~Distriot Gazettee" 
by seotion 46 (vii) of the Malabar Tenanoy (Amendment) Aot, 
1961 (Tamil Nadu Act XXXIII of 1961), whioh oame into 
foroe on the 16th Maroh 1952. 
a The wof? " Provincial Government " were substituted for 
the words Load Government " by the Adaptation Order :f 1937 and the word " State " was substitated for " hvinoial 
by the Adaptation Order of 1960. 
8 These figures were substituted for the ma " 120, 720, 60 " 
by seotion 46 (viii) (a) of the Malebm Tenanoy (Amendment) A&, 
1951 (Tamil Nadu Aot XXXm of 196l), which oame into foroe 
on 4he 16th Yerob 1962. 
T.N. Act I] ~bmpemation for Teraataib Improuements 467 
In the oase of a mixed garden eaoh tree shd be 
allowed a proportionate fraction of an acre according 
to the above scale. 
'[Provided that in respect of the trees planted '&T;-d;I 
before the commencement of the Malabar Tenanoy of 1961. 
(Amendment) Act, 1961, the scale aforesaid shall be 
read as if for the figures '' 80 ", " 480 " and " 40 ", 
the figures " 120 ", " 720 " and " 60 " were 
respectively substituted. ] . 
Contracts 19. Nothing in any oontraot made after the first effecting 
day of January, 1886, shall take away or limit the tenant'sright to 
right of a tenant to make improvements and tom~~s.imprOve 
claim compensation for them in accordance with the 
provisions of this Act : 
*[Tamil Nadu] avothing contained in any contract made before xxx111 the first day of January 1886, shall take away or of 1961. 
limit the right of a tenant to make improvements 
after the commencement of the Malabar Tenancy 
(Amendment) Act, 1961, 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 made after 
the effecting of the improvements settling the amount 
of compensation due therefor at the date of such 
agreement. 
20. Nothing in this Aot shall be construed as taking 8wing O1au"* 
away the right of any person who may be entitled 
by law or custom to claim compensation for any 
improvements other than those dealt with under 
the provisions of this A@. - 
1 This proviso wes added by section 46 (viii) (b) of the Malabar 
Tenancy (Amendment) Act, 1961 (Tamil Ndu Act XXXIII-of 
1061), which came into force on the 16th Maroh 1962. 
3 These words were substituted for the word ' ' Madras " by the 
Tamil Nadu Adaptation of Laws Order, 1969, as amended by the 
Tamil Nadu Adaptation of Laws (Seoond Amendment) Oder, 
1969. whioh oame into fome on the 14th January 1969. 
a This paragra h was inserted by section 46 (ix) of the Malabar 
Tensnop (~mengment) Aot, 1951 (Tamil NsduAct of 
1961), whioh qame into force on the 16th Mmh 1952. 

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