Right of certain classes of tenants to fixity of tenure

Notwithstanding any contract to the contrary, whether entered into before or after the commencement of this Act, every cultivating verumpattamdar, every customary verumpattamdar, every kanamdar, every kanam-kuzhikanamdar, every kuzhikanamdar, every tenant of a kudiyiruppu and every holder of a protected ulkudi [ ] shall have fixity of tenure in respect of his holding and shall not be evicted therefrom except as provided in this Act: Provided that no tenant of a commercial site shall have fixity of tenure in respect thereof unless immediately before the commencement of the Malabar Tenancy (Amendment) Act, 1951, he had fixity of tenure in such site or a right to obtain a renewal of his tenancy in respect thereof: Provided further that, in the case of a kanamdar whose kanartham exceeds [forty per cent of the value of the janmi's rights in the holding], the kanamdar shall not have fixity of tenure. Explanation.-For the purposes of the foregoing proviso, the janmi's rights in the holding shall be valued-

1. (i) in the case of a kanam existing on the date of the commencement of the Malabar Tenancy Act, 1929, at twenty times the excess of (a) the annual fair rent of the holding as payable on that date under that Act over

1. (b) the annual assessment then payable thereon;
   • (ii) in the case of a kanam created after such commencement and before the date of the commencement of the Malabar Tenancy (Amendment) Act, 1951, at twenty times the excess of ((a) the annual fair rent of the holding as payable under the Malabar Tenancy Act, 1929, on the date of the kanam over
2. (b) the annual assessment then payable thereon;
   • (iii) in the case of a kanam created on or after the date of the commencement of the Malabar Tenancy (Amendment) Act, 1951, if and to the extent the kanam relates to wet land, at thirty times the excess of (a) the annual fair rent of the holding payable on the date of the kanam over
3. (b) the annual assessment then payable thereon, and in the case of garden land or dry land, at twenty-five times such excess.