Dr.P. Justin Paul
Assistant Professor, Department of History, Government Arts College, Udhagamandalam.
Travancore was a land where people of diverse fashions and political beliefs had been able to forge a common ethos and find a common identity, yet the region comes into the limelight only in the 9th century A.D. The State of Travancore is blessed with plentiful and fairly assured rainfall, Travancore consists of people of various religions and castes. Most of the people of Travancore were agriculturists or ryots1.
The term ‘ryot’ means “one who owns land and pays tax directly to Government”. The ryot in Travancore was also an intelligent, industrious, loyal and law – abiding peasant – proprietor, but nevertheless by no means an affluent subject of the State. He lived from hand to mouth. The wants of the Travancore ryot were very few. The rice – conjee (porridge) was his chief diet, and for rest, succulent roots which the country supplied in abundance. Every householder possessed a small plot of land, and it gave him a feeling of ownership. There were at least 500,000 tax-paying ryots for this small State2.
The origin and development of Jenmi3 system in Travancore has been a subject of serious study in recent times. A Jenmi is often termed as a land-lord. Jenmam4 lands were precisely what were in Europe called alloidal properties as contra – distinguished from feudal. It must be clear from what had been stated that all the lands in Travancore belonged to a body of Jenmis. It seems reasonable to suppose that the Jenmis took for themselves all land nearest to their dwellings and that the distant mountainous and jungle tracts were ownerless till the shared grew up and acquired proprietary right over them5. The ruling chiefs must have then claimed these tracts as their own along with others acquired by them and granted them to the ryots for cultivation6.
The Nair chieftains gradually became subservient to the growing colony of Brahmin settlers and their estates became more extensive. With the advent of the Perumals, a simple imperial tax was levied to defray the expenses of the Perumal viceroy. This was the origin of the modern Rajabhogam7. Thus their lands increased from day to day and formed the nucleus of the present Sirkar lands. Thus arose the two classes of lands now extent in Travancore, as Sirkar and Jenman lands8.
The tenants cultivating them for the Jenmis did not alter their character, but the Jenmam tenure ceased the moment such land passed into the hands of the alien for money consideration, whatever be the nature of the transaction. The moment an alienation of the above kind took place, the land liable to a light tax called Rajabhogam. This light tax once imposed on the land continued for ever even though the land was registered in Sirkar accounts in the name of the ryot or cultivator9. The tax was levied from him only, and if he died heriless, the property was transferred to the Government. Similarly if the tenant abandoned the holding as unfit for cultivation, then to the Sirkar took up such land as Nirthal and gave them on lease for a lower pattom10 as Sirkar lands. The peculiarity of these Jenmam properties was that their owners has absolute control over them in connection with their revenue and rents.
From time-immemorial the Jenmi land – lords being owners of extensive tracts of land seldom or never cultivated their land themselves. But, simply leased them to the tenants under conditions of mutual rights and responsibilities11. This custom of the olden days when the relations between the Jenmis and the ryots were very smooth and soon disturbed by various causes, and in course of time the Jenmi began to complain that his dues were not properly paid nor in due time and the ryot was often compelled to pay more than he originally agreed to. An important question was raised and pressed by the Jenmis whether they had not the right to eject the ryot on repayment of the consideration or kanam12 amount received from them ages ago. Hence it was thought undesirable to refuse to an industrious tenantry for the benefit of the prescription that has arisen and that step would lead to the general Jenmi Ryot Regulation of 1933. According to this settlement, certain rights were framed for Jenmis as well as the Ryot13.
The Rights of Jenmis
- The Jenmi being the owner of the soil of the holding was entitled to everything standing or growing thereon. The ryot was entitled only to a share of the value of the improvement mad by him.
- The Jenmi was entitled to redeem the lease at the end of the term. But, subsequently this right was exercised only in exceptional cases, eg. if the ryot denied his Jenmis title or committed waste or allowed michavaram14 exceeding the amount of the kanam to fall into arrears.
- The Jenmi enjoyed a reasonable right of veto against the transfer of a portion of the holding by the ryot.
- If the ryot himself offered to surrender his holding he had to forfeit a fixed percentage of the Kanam amount, but the Jenmi was bound to accept the surrender and pay for the improvements.
- Instead of redeeming at the end of the term, and Jenmis used to renew the deeds, if the ryots paid a fee for such renewal. At the time of renewals, the right of the Jenmi to revise and readjust the terms of the tenancy was fully admitted and freely exercised15.
Rights of the Ryots
- A right to enjoy the land for twelve years.
- A right to sell, mortgage or otherwise alienate his interest in the holding and, with the Jenmi’s consent, a right to sell his interest in a portion of the holding.
- A right to make improvements suitable to the holding and to be compensated therefore at the time of eviction.
- A right to compel the Jenmi to accept surrender of the holding, and
- A right to cut down the branches of trees and trees yielding valuable timber for fuel or for other domestic purposes16.
Relationship between Jenmis and the Ryots
The Jenmis and the ryots generally exercised their respective rights without prejudice to each other. So long as the relations between the parties were smooth and cordial, as they admittedly were for a very long time, the absence of regulations defining their right was not felt to be a hardship. This happy circumstances was due to the social and political organization of the country.
The rich land-owners were feudal lords. The various classes of tenants have, unlike the Jenmis, been affected by the progress of western civilization. The monopoly in land and a sense of insecurity on account of the Jenmis right of eviction. This became cause of complaint by the cultivating peasants17.
The steady increase of population and the absence of any other profession except agriculture led more and more persons becoming dependent on land for their subsistence. The Jenmis having no source of income except their lands were compelled to exact as much as they could from their tenants ryots or and this only increased the discontent. The great demand for cultivable lands helped the Jenmi to let his lands to the highest bidder18. In Travancore the bulk of the lands was, in the possession of mortgages. It has also been stated that the interest of the mortgage amount was almost equal to the Jenmi Pattom and that consequently the michavaram due to the Jenmi was small19. They began to demand from their tenants larger sum of advances and larger rents. If a tenant failed to comply with the Jenmis demand, he would be promptly turned out of his holding. This led to serious discontent among the agricultural classes and complaints were made to the Government20.
References
- Nilkan Perumal, The Truth About Travancore, Madras, 1939.
- Shungonny Menon, P., A History of Travancore, Trivandrum, 1983.
- Jenmi – Land-lord who holds in absolute free hold and not liable normally to payment of tax to Government.
- Jenmam or Jenmom – The right of proprietorship which the owner has over his property. It literally means birth- right.
- Velu Pillai, T.K., The Travancore State Manual, Vol. II, Trivandrum, 1940.
- Hacker, I.H., A Hundred Years in Travancore, 1806-1900, London, 1908.
- Rajabhogam – Light rate or Quit rent levied in the case of favourable tenures.
- The Travancore Land Revenue Manual, Vol. II.
- Travancore Government Gazettee, dated 7thMakaram 1089 M.E.
- Pattom – A kind of lease.
- The Acts and Proclamations of Travancore, Trivandrum, Vol. I.
- Kanam – A kind of fee in Travancore
- Report of the State Reorganisation Commission, Trivandrum, 1995.
- Michavaram – Rent due to the Jenmi from the ryot or tenant.
- Travancore Legislative Council Proceedings, dated 9-12-1932.
- Raman Thampi, P., Report on Jenmi and Kudiyan, Trivandrum, 1938.
- Abraham, M.V., Concise History of Travancore, Thiruvalla, 1942.
- Travancore Administration Report, 1061 M.E.
- Huzur Central Vernacular Records, Huzur Sadhanam No. 7358, dated 31stMithunam 1056 M.E.
- Kunjuraman Nair, T., Report on Jenmi and Tenants’ Problems, Trivandrum, 1930.