Judgment:- This appeal arises out of an application for fixing fair rent under section 11 of the Malabar Tenancy Act, 1929. The landlord who is the appellant in the present C.M.S.A. objected to the maintainability of the petition on the ground that the original tenants are not the applicants, but that was met by the respondents by relying on a partition in the family of the tenants under which the tenant’s interests in the suit properties were allotted to the petitoners in O.P. No.42 of 1943 the application for fixing the fair rent. The fair rent was fixed at a certain rate. Both the Courts took the same view as regards the rate of the rent and as regards the maintainability of the petition. I see no ground to interfere with the view taken by both the lower-Courts. Mr. Subramania Ayyar urged that under the present Act as amended by Act VII of 1954, it is not the Civil Court that has now the jurisdiction to fix the fair rent, but it is the Rent Court provided under the new Act by virtue of section 16 of the Act. Section 16 provides that “If any dispute arises as to the amount of fair rent payable in respect of any land under the foregoing provisions of this chapter, either the tenant, or after the expiry of three years from the commencement of the Malabar Tenancy (Amendment) Act, 1954, the landlord may apply to the Rent Court for the determination of the fair rent and on such application being made the fair rent shall be determined by the Rent Court: Provided that such determination shall take effect in respect of any agricultural year, only if the application is made in that year or within three months of the expiry thereof”. The provision obviously cannot apply to the present case as any application for fixing of fair rent under section 16 of the present Act would only have effect in respect of any agricultural year in which the application is made or within three months of the expiry of the year. Whatever rights the landlord may possess in respect of the future notwithstanding the applicability of the present Act to all pending proceedings, section 16 will have no application to the facts of the present case. Whatever rights the landlord may possess in respect of the future notwithstanding the applicability of the present Act to all pending proceedings, section 16 will have no application to the facts of the present case. It will have application only for future rents and a reading of section 16 shows that the landlord may apply for the fixing of fair rent before the Rent Court only after the expiry of three years from the date of commencement of the Malabar Tenancy (Amendment) Act, 1954. In so far as his rights under section 16 to. apply for fair rent for the future to the Rent Court are concerned any decision in the present proceedings will not affect. In the result the appeal is dismissed with costs. No leave. K.C. ----- Appeal dismissed.