MOHAMED Vs. NARAYANAN NAIR

JUDGEMENT

(1.) These second appeals, of which S. A. 548 of 1962 is by the 8th defendant and S. A. 583 of 1962 is by the 9th defendant, have arisen from the suit O. S.580 of 1120, which was instituted by the respondent, for redemption of a kanam, evidenced by the kanam deed Ext. B dated the 1st Vrischigom, 1070, pursuant to which the appellants are in possession of the suit property. The first court dismissed the suit on the ground, that the demise by Ext. B is a kanapattam within the meaning of the Travancore Jenmi and Kudiyan Act, 1071, and is irredeemable and the learned Subordinate Judge in appeal allowed redemption, holding that it is neither such a kanapattam nor a kanam under the second part of the definition in S.2(18) of Kerala Act 4 of 1961 particularly applicable to the non Malabar area of the State, if it may be so called, that Act having come into law at the time.

(2.) In these second appeals, the question arose at an early stage, whether having regard to the provisions of Kerala Act 7 of 1963, the hearing of the appeal was liable to be stayed, and this was answered in the affirmative by Mr. Justice P. T. Raman Nayar, who held inter alia, that Ext. B is a kanam as defined in the first part of the corresponding definition in S.3(8) of that Act. After that Act was superseded by Kerala Act 1 of 1964, these appeals were posted for hearing and have been referred to us.

(3.) The case now falls to be decided under Kerala Act I of 1964. The definition of 'kanam' is in S.2(22), and is as follows: -