Judgment :- 1. The only point in dispute in this C R.P. under S.103 of the Kerala Land Reforms Act, for short the Act, is relating to the compensation due to the petitioner-landlord in respect of a land in the possession of the respondents-cultivating tenants. The right, title and interest of the landlord vested in the Government by virtue of the provisions of S.72 of the Act, that came into force on 1-1-1970. The respondents made an application under S.72B of the Act for assignment of the right, title and interest vested in the Government. The Land Tribunal has fixed the compensation payable to the landlord on the basis of the fair rent under S.27 of the Act ignoring an earlier fixation of fair rent under S.33. The order of the Land Tribunal is confirmed by the Appellate Authority. 2. As per sub-s. (1) of S.72A, every landowner and intermediary whose right, title and interest in respect of a holding have vested in the Government under S.72 shall be entitled to compensation as provided for in sub-s. (2). The relevant portion of sub-s. (2) of S.72A is extracted below: "(2) The compensation payable to the landowner and intermediaries under sub-s. (1) shall be the aggregate of (a) sixteen times the fair rent of the holding or part thereof, the right, title and interest in respect of which have vested in the Government; (b) the value of structures, wells and embankments of a permanent nature belonging to the landowner and the intermediaries, if any; and (c) one-half of the value of timber trees belonging to the landowner and the intermediaries, if any: Provided that where the aggregate of the value of structures wells and embankments and one-half of the value of the timber trees referred to in clauses (b) and (c) exceeds sixteen times the fair rent in respect of the holding or part thereof, as the case 'may be, such aggregate value shall, for the purpose of calculating the compensation under this sub-section, be limited to sixteen times such fair rent.
Explanation I - For the purposes of this section and S.721), "fair rent" means the fair rent under this Act as amended by the Kerala Land Reforms (Amendment) Act, 1969 " As per S.721) the cultivating tenant is liable to pay purchase price to the Government on the assignment of the right, title and interest of the landowner and the intermediaries, if any, to him. The price payable by the cultivating tenant is the same as the compensation due to the landlord and the intermediaries under S.72A of the Act. The compensation payable to the landlord is to be fixed at sixteen times the fair rent of the holding. "Fair rent" as per Explanation I of S.72A is the fair rent under the Act as amended by Act 35/1969. The fair rent of "nilam" as per S.27 of the Act is 50 per cent of the contract rent or 75 per cent of the fair rent determined under any law in force immediately before the 21st January, 1961, or the rent calculated at the rates specified in Schedule III of the Act applicable to the class of lands comprised in the holding, whichever is less. S.33 provides for fixation of fair rent on agreement between the landlord and the tenants and the fair rent so fixed shall be the fair rent of the holding notwithstanding anything contained in the earlier provisions of the Act. S.33 reads as follows: "Agreement as to fair rent. Notwithstanding anything contained in the foregoing sections, it shall be competent for the landlord and the tenants to agree as to what shall be the fair rent payable in respect of the holding and, where such an agreement signed by the landlord and the tenant is filed with the Land Tribunal, the Land Tribunal shall pass orders determining such agreed rent as the fair rent in respect of the holding: Provided that the agreed rent shall not exceed the fair rent under. S.27, in respect of the holding: Provided further that where there are intermediaries or other persons haying an interest in the holding, the landowner, the cultivating tenant and all the intermediaries and other persons interested shall be parties to such an agreement. Provided also that this section shall not apply to a case where the landlord is a religious, charitable or educational institution of a public nature." 3.
Provided also that this section shall not apply to a case where the landlord is a religious, charitable or educational institution of a public nature." 3. In the present case fair rent of the holding was fixed as per the provisions of S.33 by order of the Land Tribunal dated 8-4-1965, on a joint application for fixation of fair rent filed by the landlord and the cultivating tenants on 4-4-1965. The fair rent fixed under S.33 should, therefore, be accepted as the fair rent of the holding notwithstanding the provisions of S.27 of the Act. Counsel for the respondents-cultivating tenants submits that the fair rent fixed under S.33 exceeds the fair rent under S.27 and the Land Tribunal in fixing the fair rent has ignored the first proviso to S.33. That may be an illegality committed by the Land Tribunal in fixing the fair rent. But that does not render the order fixing the fair rent invalid. The Tribunal is vested with jurisdiction to fix fair rent under S.33 of the Act, and the order, in spite of the mistake pointed out, is binding on both parties. The compensation under S.72A and the purchase price under S.721) are to be determined on the basis of the fair rent fixed as per the orders of the Land Tribunal binding on both the parties. Any mistake in the order of the Land Tribunal cannot be set aside collaterally in these proceedings, and the fair rent already determined in accordance with S.33 is to be accepted as the fair rent notwithstanding the provisions in S.27 of the Act. 4. For the aforesaid reasons I set aside the impugned orders of the Land Tribunal and the Appellate Authority and remit the case back to the Land Tribunal for fixation of compensation under S.72A afresh on the basis of the fair rent fixed under S.33 of the Act. The C. R. P. is allowed as indicated above. No costs. Allowed.