COCHIN DEVASWORN BOARD TRICHUR COCHIN DEVASWORN BOARD TRICHUR COCHIN DEVASWORN BOARD TRICHUR COCHIN DEVASWORN BOARD TRICHUR COCHIN DEVASWORN BOARD TRICHUR COCHIN DEVASWORN BOARD TRICHUR Vs. VAMANA SETTI:2 PULAKODE KIZHAKE MADOM:3 ERALIL MATHAI PAUL:4 THOTTAKKAT BHAMMATHI AMMA:5 KALLIANIKUTTY AMMA:6 THE STATE OF KERALA

JUDGEMENT

(1.) Two questions fall to be determined in these appeals:(1) Whether the Travancore-Cochin Kanam Tenancy Act 24 of 1955 governs lands held from Devaswoms (religious institutions) in the Cochin region of the State of Kerala; and

(2.) Kanam tenure has a feudal origin. Broadly stated it is a customary transfer which partakes of the character of a mortgage and of a lease:it cannot be redeemed before a fixed number of years - normally twelve - and the (Kanamdar) mortgagee-lessee is entitled on redemption to compensation for improvements. The annual payments to the (Jenmi) mortgagor-lessor are regulated by what remains of the fixed share of the produce after deducting interest. If the land is not redeemed on the expiry of 12 years, a renewal fee becomes payable to the jenmi. The Cochin State Manual contains the following description of the Kanam tenure in the Cochin region:

(3.) On February 11, 1910, the Ruler of Cochin issued a Proclamation publishing rules to secure better administration of the Incorporated and Unincorporated Devaswoms. The rules provided that the endowments attached to and the income derived from the Devaswoms, whether "Incorporated" or "Unincorporated", shall be constituted into a Common Trust for all administrative purposes, that accounts shall be maintained as directed and that the surplus after defraying the expenses shall be appropriated in the manner prescribed. By Cl. 9 the Diwan of the State was given authority to frame rules for carrying out the main object and the scheme of the Proclamation, and the rules so framed were to have the same force and validity as the Proclamation, and were to regulate the renewals, prescribe the mode of collection of rents as well as rates of rents payable by tenants, and to provide for such other matters as may be necessary for securing efficiency and uniformity in the administration of the landed properties belonging to all Devaswoms. The Diwan of Cochin promulgated on March 21, 1910, rules regulating procedure in the matter of collecting Pattam, Michavaram, renewal fee and other dues payable to Devaswoms and other religious institutions. The rules provided for maintenance of public registers in respect of landed properties, payment of rent due by the tenants to the Devaswom Officer and prescribed methods for recovery of arrears by sequestration of property either temporarily or permanently. These rules applied to all tenants-ordinary and kanam.