DAEVAKI AMMA Vs. K P SREEDHARAN

JUDGEMENT

(1.) Defendants 3, 5 to 8 and 12 to 15 in a suit for redemption of a mortgage and for recovery of possession of the plaint schedule property are the appellants. They are the legal representatives of the deceased second defendant. The respondent is the plaintiff.

(2.) The plaint schedule property, having an extent of 68 cents with a building thereon, was mortgaged to one Kumara Pillai for an amount of Rs. 294/- on 7-1-1923 ME. The first defendant is an assignee of the rights of Kumara Pillai under the mortgage as per deed dated 6-12-1954, and be settled his rights over the plaint schedule property and three others to the second defendant by the deed of settlement Ext. D1, dated 6-11-1964. The suit was filed meanwhile for redemption and recovery of possession, in the year 1961.

(3.) A preliminary decree for redemption was passed on 22-11-1962. The plaintiff thereafter filed I.A. No. 5885 of 1965 for the passing of final decree. At the initial stages, the only objection of the second defendant was regarding the value of improvements payable, but after the amendment to the Kerala Land Reforms Act, 1963 (the Act) by Act 35 of 1969, he raised additional objections claiming the benefit of deemed tenancy under S. 4A(1)(b) of the said Act. His case was that he satisfied the prescribed requirement namely that the mortgage had constructed a building in the property for his own residence and that he was occupying the building for such purpose for a continuous period of not less than twenty years immediately preceding the commencement of the amending Act 35 of 1969, namely 1-1-1970. He also pleaded that he was not precluded by the proviso to the Section from claiming the benefit thereof as the extent of his other holdings was less than two acres as on the relevant date namely 16-8-1968 when the Kerala Land Reforms (Amendment) Bill 1968 was published in the Official Gazette.