NARAYANA PILLAI RAGHAVAN PILLAI Vs. NARAYANI AMMA PONNAMMA

JUDGEMENT

(1.) - This appeal by special leave is against the judgment and order dated April 7, 1976 passed by a learned single Judge of the Kerala High Court in S. A. No. 956 of 1973.

(2.) The parties herein are successors-in-interest of the original set of mortgagors and mortgagees, being plaintiffs-respondents and defendants-appellants respectively. For the sake of convenience we would keep referring to them as mortgagors and mortgagees. It stands established on the record that by means of mortgage deed Exhibit P-1 dated 18-3-1096, (Malayalam year) (1921 of the Gregorian year) the mortgagors mortgaged the suit land in favour of Parameswaran Pillai and his wife Gauri Amma for a total consideration of Fanams 6850/-. Fanam statedly was the currency in the erstwhile Travancore State. Deed Exhibit P-1 embodies an admission that the suit property since the Malayali year 1083 stands mortgaged to Parameswaran Pillai for a sum of Fanams 4750 and adjusting the same at that juncture, the same property was being mortgaged for a sum of Fanams 6850/-, the balance of Fanams 2100/- having been received from Gauri Amma (the added mortgagee). The mortgagors filed a suit for redemption of the mortgage before the Trial Court on 1-1-1969. In the meantime S. 4A(I)(a) of Kerala Land Reforms (Amendment) Act, 1969, (Act 1 of 1964) appearing on the scene with effect from 1-1-1970 gave an ostensible defence to the defendants-mortgagees that they had become deemed tenants and hence possession could not be sought from them on the basis of the mortgage. That provision is set out below:

(3.) The defence set up by the mortgagees appealed to the Trial Judge, who took the view that a period of fifty years had elapsed, reckoned immediately preceding the amendment of Kerala Land Reforms Act, 1965. The Lower Appellate Court affirmed that view. The High Court, however, upset the view which has given rise to this appeal.