Varamdar treated as cultivating tenant, bringing fair rent and tenancy protections within the Kerala Land Reforms Act.

A varamdar under the Kerala Land Reforms Act, 1963 is treated as a cultivating tenant because the statutory definitions of "tenant" and "cultivating tenant," read with the deeming provisions, bring a varam arrangement within tenant status. The Act's notion of possession was held broad enough to include occupation for cultivation by a deemed tenant, so a varamdar cultivating nilam falls within the statutory scheme. On that basis, the provisions governing fair rent, fixity of tenure, resumption, purchase of landlord's rights, arrears of rent, and future tenancies were read as applicable to varamdars, and such a person is entitled to seek fixation of fair rent under Section 31.

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Issues: Whether a varamdar under the Kerala Land Reforms Act, 1963 is a cultivating tenant entitled to apply for determination of fair rent under Section 31.

Analysis: The definitions in Section 2 treat a varamdar as a person cultivating under a varam arrangement and, by the inclusive clauses in the definition of "tenant" and the deeming provisions, bring such person within the statutory category of tenant. The definition of "cultivating tenant" requires actual possession and entitlement to cultivate a holding, and the court held that the statutory notion of possession includes occupation by a person deemed to be a tenant. A varamdar's occupation of the nilam for cultivation was treated as sufficient for the Act, and the relevant provisions, including those on fair rent, fixity of tenure, resumption, purchase of landlord's rights, arrears of rent, and future tenancies, were read as applying to varamdars as well. The court also relied on the scheme of Schedule III and the explanation to Section 35 to confirm that the Act contemplates fair rent and related incidents for such cultivation arrangements.

Conclusion: A varamdar is a cultivating tenant and is entitled to apply for fixation of fair rent under Section 31.

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