The main legal point established is the interpretation and application of the definitions of kanam and tenant under Kerala Act 7 of 1963, and the impact of these definitions on the rights and entitlements of the parties involved in the transaction.

1. The question before the courts below was whether the transaction embodied in Ext. P-1, dated 5th Kumbhom 1097 M.E. (16th February 1922 A.D.), under which the appellant judgment-debtor holds, is a kanam within the meaning of S.2(18) of Kerala Act 4 of 1961 so as to make him a tenant within the meaning of S.2(50), and, by reason of S.6, render him immune from eviction in execution of the decree for redemption obtained against him by the respondent-decree-holder. In view of the enactment of Kerala Act 7 of 1963, the question now is whether the transaction is a kanam as defined by S.3(8) of that Act, so as to make the appellant a tenant as defined by S.3(26) and require these proceedings for his eviction to be stayed by reason of S.5.

2. It is said on behalf of the appellant that Act 4 of 1961 is still in force in respect of land of the kind to which the suit property belongs (thanthu thettom) not having been struck down by the Full Bench decision in Govindaru Namboodiripad v. State of Kerala (1962 KLT. 913) so far as such lands are concerned, and that it may, therefore, be necessary to consider whether the appellant is entitled to fixity under S.6 of that Act in which case the execution application against him will have to be dismissed. But, in my view, the question of the applicability of Act 4 of 1961 can arise only if Act 7 of 1963 does not apply, in other words, only if the transaction in question is not a kanam within the meaning of the latter Act, but is a kanam within the meaning of the former Act, something which is not possible having regard to the definitions in the two Acts. Any transaction which is a kanam within the meaning of Act 7 of 1963 must necessarily be a kanam within the meaning of Act 4 of 1961, although the converse is not true in view of the addition of the words, "or by any other name" in the first paragraph of the definition in the former Act. If a transaction is a kanam within the meaning of Act 7 of 1963, any proceeding for the eviction of the kanamdar - and a proceeding like the present for delivery in execution of a decree for redemption would be such a proceeding - must necessarily be stayed under S.5 of that Act. And this notwithstanding that, under the provisions of Act 4 of 1961, the proceeding would have to be dismissed in view of the fixity granted to the kanamdar tenant.

3. Ext. P-1 runs as follows:

"Nadappupanayadharam executed by Vasudevan Nilakantan Namburippad in favour of Kuruvilla Kurien and Kuruvilla Ulahannan on the 5th Kumbhom,1097.

The nilam comprised in Survey No. 351/4 of Vadayar Village, Vaikom Taluk and having an extent of 82 cents and seed capacity of 6 paras is our thanathu thettom land . This land which had been demised on kanam to the Payyappalli house people was subsequently reduced to our possession after a court sale and delivery. Thereafter, you are in possession under a verumpattom given to you for that year and have raised crops thereon. We are giving you this Nadappupanayam for the said land on a pattam of 27 Sirkar paras and 2 edangalis of paddy (equivalent to 21 paras of our Illom patta para) and are in receipt of a panayartham of Rs. 35 made up of, (1) Rs. 15 which had been given by the second party as advance rent ap3]m«w on 12-11-1096 and, (2) Rs. 20 received in cash today. For the said sum of Rs. 35 you shall cultivate is the word used) the said land on payment at our Illom treasury of an annual michavaram of 23 paras, 4 edangalis of paddy (being the annual pattam less 3 Sirkar Paras 9 edangalies of paddy adjusted towards interest on the panayartham) and 6 annas towards Onakazhcha and obtain receipt therefor. x x x It is further agreed that the arrears if any will be realised with interest on the paddy portion at the rate of 2 per 10 and money portion at the rate of 12 per 100 from you and charged on the panayartham and that when the panayartham is paid you shall surrender (the property)."

4. It might be as well to extract the relevant portion of the d