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1966 Supreme(Ker) 19

T.S.KRISHNAMOORTHY IYER
DAMODARAN – Appellant
Versus
PARAMESWARA PANICKER – Respondent


Judgment :-

1. The second appeal filed by the second defendant arises out of orders passed in execution of a decree for redemption of Ext. A dated 16101087 and Ext. C dated 23 81095. The sole question to be decided in the Second Appeal is whether the transaction evidenced by Exts. A and C is a lease or mortgage. The courts below found that the second defendant is not a tenant and the relationship between the parties evidenced by Exts. A and C is that of mortgagor and mortgagee. The question has now to be decided in the light of the provisions of the Kerala Land Reforms Act, 1963 (Act I of 1964). As was decided by the Supreme Court in Ramdhan Puri v. Sankey Bihari Saran AIR. 1958 S. C. 941 the decision will depend upon the intention of the parties gatherable from the documents to be interpreted and if the intention was to create a debtor and creditor relationship the transaction is a mortgage, otherwise it is one of tenancy. The extent of the property comprised in Exts, A and C is 96 cents and the consideration for Ext. A is Rs. 282/-. A further amount of Rs. 50/-was borrowed under Ext. C on the security of the same properties. In view of this, it is not possible to say that the int

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