Section 12 in Malabar Compensation for Tenants Improvements Act, 1899
12. Value of improvement to be ascertained in the way most favourable to the tenant.
- Notwithstanding anything contained in sections 9, 10 and 11, the amount of compensation to be awarded for an improvement shall be ascertained in the way prescribed by any of the said sections which is most favourable to the tenant.Illustrations(a)The compensation to be awarded for a jack tree as a fruit-tree is ascertained under section 9 to be Rs. 7, but for the same tree as a timber-tree, it is ascertained under section 10 to be Rs. 10.(b)The compensation to be awarded for an immature casuarina plantation is ascertained under section 10 to be Rs. 20, but under section 11 to be Rs. 100.In each case, the Court shall award the higher amount.
