MATHEVAN PILLAI PADMANABHA PILLAI versus ARULAPPAN NADAR YOVAN NADAR AND ORS.

MATHEVAN PILLAI PADMANABHA PILLAI versus ARULAPPAN NADAR YOVAN NADAR AND ORS.

Where it is factually established that the mortgagee was in continuous possession of land for not less than 50 years preceding 1.1.1970, Section 4A of the Kerala Land Reforms Act (as amended) is attracted, and the mortgagee is deemed a tenant regardless of the number of mortgages subsisting during that period.

Parties
Appellant: Mathevan Pillai Padmanabha Pillai; Respondents: Arulappan Nadar Yovan Nadar and Others
Jurisdiction
India
Judgment Date
04 September 1998
Procedural Posture
Civil Appeal / Supreme Court Appeal From Kerala High Court Judgment Dated 28.11.1985 in S.a. No. 774 of 1980
Outcome
Appeal dismissed
Legal Topics
Usufructuary Mortgage, Tenancy and Fixity of Tenure, Redemption of Mortgage, Deemed Tenancy Under Kerala Law
Property Law Tenancy Law Usufructuary Mortgage Tenancy and Fixity of Tenure Redemption of Mortgage Deemed Tenancy Under Kerala Law

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Parties

Mathevan Pillai Padmanabha Pillai

Appellant

Arulappan Nadar Yovan Nadar and Others

Respondents

Procedural Posture

Civil Appeal / Supreme Court Appeal From Kerala High Court Judgment Dated 28.11.1985 in S.a. No. 774 of 1980

Legal Issues

  1. 1 Whether the respondents/mortgagees can be deemed tenants under Section 4A of Kerala Land Reforms Act, 1964 as amended by Act 35 of 1969, having been in continuous possession for not less than 50 years prior to 1.1.1970?
  2. 2 Whether there was a break in the continuity of possession interrupting the period necessary for acquiring fixity of tenure?

Ratio Decidendi

Where it is factually established that the mortgagee was in continuous possession of land for not less than 50 years preceding 1.1.1970, Section 4A of the Kerala Land Reforms Act (as amended) is attracted, and the mortgagee is deemed a tenant regardless of the number of mortgages subsisting during that period.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed. No order as to costs.