21. 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 [xxx] [The words 'or a kudikidappu ' were omitted by clause 3 of and the Schedule to, the Madras Adaptation of Lam Order, 1957.] 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 ([Tamil Nadu] [Substituted for the word 'Madras' by Tamil Nadu Adaptation of Laws Order, 1969, as amended by the Tamil Nadu Adaptation of Laws (Second Amendment) Order, 1969.] Act XXXIII of 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] [Substituted for the words 'in South Malabar sixty per cent, of the value of the janmi's rights in the holding, and in other places forty per cent of the value of such rights' by clause 3 of, and the Schedule, to, the Madras Adaptation of Laws Order, 1957.], 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-(i)in the case of a kanam existing on the date of the commencement of the Malabar Tenancy Act, 1929 ([Tamil Nadu] [Substituted for the word 'Madras' by Tamil Nadu Adaptation of Laws Order, 1969, as amended by the Tamil Nadu Adaptation of Laws (Second Amendment) Order, 1969.] Act XIV of 1930), at twenty times the excess of (a) the annual fair rent of the holding as payable on that date under that Act over (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 ([Tamil Nadu] [Substituted for the word 'Madras ' by Tamil Nadu Adaptation of Laws Order, 1969, as amended by the Tamil Nadu Adaptation of Laws (Second Amendment) Order, 1969.] Act XXXIII of 1951), at twenty times the excess of (a) the annual fair rent of the holding as payable under the Malabar Tenancy Act, 1929 ([Tamil Nadu] [Substituted for the word 'Madras ' by Tamil Nadu Adaptation of Laws Order, 1969, as amended by the Tamil Nadu Adaptation of Laws (Second Amendment) Order, 1969.] Act XIV of 1930), on the date of the kanam over (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 under the Malabar Tenancy Act, 1929, as amended by the Amendment Act aforesaid, over (b) the annual assessment then payable thereon, and if and to the extent the kanam relates to garden or dry land, at twenty-five times such excess.
