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september 1966

Supreme Court of India · 1966-09-12

CHERUMANALIL LAKSHMI AND ORS. vs MULIVIL KUNNINAMKANDY NARAYANI AND ORS.

Citation / case number
SC 1964/90549
Court
Supreme Court of India
Petitioner
CHERUMANALIL LAKSHMI AND ORS.
Respondent
MULIVIL KUNNINAMKANDY NARAYANI AND ORS.
Bench
BACHAWAT, R.S.

Judgment text excerpt

The Supreme Court ruled that the transactions in question were kanam-kuzhikanam and not usufructuary mortgages, clarifying the distinction between the two under the Kerala Land Reforms Act, 1963, specifically Section 2(23). The Court emphasized that kanam-kuzhikanam involves a lease granting the right to enjoy property, while a mortgage secures repayment of a debt. The appeal was dismissed, affirming the lower courts' decisions that recognized the respondents as kanam-kuzhikanamdars entitled to fixity of tenure under Section 13 of the Act.

CHERUMANALIL LAKSHMI AND ORS. vs MULIVIL KUNNINAMKANDY NARAYANI AND ORS. · Niyam