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.