M TUPPAN NAMBUDRI Vs. VPCHINNA PARI KUTTI

JUDGEMENT

(1.) The material conditions in the kanom now in question may be summarised as follows: In consideration of an advance of Rs. 795-8-0 the mortgagee is to hold possession, for 12 years, of land yielding a pattam of 80 paras of paddy and Rs. 40 and is to pay a purappad of 12 paras of paddy and 12 fanams and 50 cocoanut leaves "having deducted interest and Government revenue."

(2.) The revenue having been increased at the recent settlement, the question is whether the difference between the old and the new is to be paid by the mortgagee or by the mortgagor.

(3.) It is conceded that the provisions of Section 76 of the Transfer of Property Act are to be applied to this case, but contended that the kanom "contains a contract to the contrary" within the meaning of that section so as to relieve the mortgagee of the payment of any taxes which were not payable at the commencement of the period covered by the kanom.