Section 9 in Malabar Compensation for Tenants Improvements Act, 1899
9. Improvement producing an increase in the value of the annual net produce.
(1)When the improvement is not an improvement to which section 13 applies and has caused an increase in the value of the annual net produce of the holding, the Court shall determine, as nearly as may be, the average net money value of such increase and the number of years during which such increase may reasonably be expected to continue, and shall then ascertain the present value, at 6 per cent of an annuity equal to such money value for such number of years, and also the cost of making the improvement determined in the manner prescribed in section 11.(2)If the present value of the annuity does not exceed the cost of making the improvement, the present value shall be the compensation to be awarded.(3)If the present value of the annuity exceeds the cost of making the improvement, the compensation to be awarded shall be the cost together with one-half of the excess.Explanation. - The value of the net produce means the amount remaining after deducting from the value of the gross produce, the cost of cultivation and the Government assessment and cesses.
