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1968 Supreme(Ker) 202

V.R.KRISHNA IYER
CHACKO KOCHUVARGHESE – Appellant
Versus
NARAYANI AMMA GOURI AMMA – Respondent


Judgment :-

1. A tenant so I have eventually found him to be, in this appeal seeks to resist the execution of a decree for redemption of a mortgage, and in so doing, has raised the ancient and never finally resolved question of how to tell a mortgage from a lease. The clarification by judges of the juridical ideas behind the two does not yet serve to give us simple litmus tests by which a given transaction may be said to be this or that. The legislature, by insensible degrees and sometimes by revolutionary leaps, has endeavoured to give protection to tenants and in that process has brought in categories otherwise understood to be mortgages for classification as tenancies. The same legislature, in its compassion towards debtors, has attempted to save mortgagors in their unfortunate lot as debtors and allowed them to redeem their property on concessional terms from creditors figuring as mortgagees. This cross-ruff has produced provisions of law of which S.2 (22) of The Kerala Land Reforms Act, 1963 (Act 1 of 1964) and S.5 of The Kerala Agriculturists Debt Relief Act, 1958 (Act 31 of 1958) are excellent examples. Quite often, as in the case of Ext. P1 in this appeal, the transaction p



























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