P. B. GAJENDRAGADKAR, S. M. SIKRI, M. HIDAYATULLAH, K. N. WANCHOO, J. C. SHAH
Cochin Devaswom Board: Cochin Devaswom Board: Cochin Devaswom Board: Cochin Devasworn Board, Trichur: Cochin Devasworn Board, Trichur: Cochin Devasworn Board, Trichur – Appellant
Versus
Vamana Setti: Pulakode Kizhake Madom: Eralil Mathai Paul: Thottakkat Bhammathi Amma: Kallianikutty Amma: State Of Kerala – Respondent
JUDGMENT
J.C.SHAH, J.
(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)Whether the Act infringes the guarantee of equal protection of the laws and is on that account void?
(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: `The Verumpattam (simple lease) becomes a kanam lease when the janmi (landholder) acknowledges liability to pay a lump sum to the tenant on the redemption of his lease. In the old da
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