PUZHAKKAL KUTTAPPU vs C. BHARGAVI AND OTHERS

The Supreme Court analyzed an 'otti deed' executed in 1894, determining whether it constituted a mortgage or a lease. The Court held that the predominant intention of the parties must be assessed, focusing on the document's terms and surrounding circumstances. It concluded that the deed lacked essential elements of a mortgage, specifically the transfer of property as security for a debt, and thus affirmed the High Court's classification of the deed as a lease, entitling the respondents to compensation under the Kerala Land Reforms Act, 1963.