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1974 Supreme(Ker) 41

MADHAVAN THAMPI – Appellant
Versus
PADAMAVATHI ANOTHER – Respondent


Judgment :-

1. Plaintiff is the appellant. His suit for redemption was dismissed by the lower appellate court on the ground that as the mortgage sought to be redeemed is more than 50 years old the property could not be recovered as per as new Land Reforms Act. Ext. P1 mortgage is of the year 1086. It is in renewal of an earlier mortgage and prima facie S.4A of Act 1 of 1964, as amended by Act 33 of 1969 is applicable to it. By virtue of that provision the respondents become deemed tenants. But, the plaintiff's counsel contended that the property 17 cents in extent is situate within the Corporation limits of Trivandrum and is a non-agricultural land and therefore Act 1 of 1964 is not applicable to this property. In support of his contention that the Act does not apply to non-agricultural lands be relied on the Full Bench decision of this Court in Narayanan Nair v. State of Kerala (1970 KLT. 659) and Sankaran Nambissan v Sarvotham Rao (1972 KLT. 891). Reference is also made to the decision of the Supreme Court in Malankara Rubber & Broduce Co. v. State of Kerala (1972 KLT. 411) In these cases it was held that Act 1 of 1964 being a measure of agrarian reform, would apply to agricultur


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