TMI Blog1965 (5) TMI 43X X X X Extracts X X X X X X X X Extracts X X X X ..... ies on lease from Baithan. Subsequently, by Ex. A-5 and later Ex. A-7, Mayan leased items 3 to 5 of the suit properties to Koran. In early 1939, Mayan (tied leaving defendants 7 to 13 as his heirs. By a deed (Ex. A-8) dated April 28, 1939, Abubacker obtained a surrender of the leasehold rights from Koran. On May 15, 1939, Abubacker executed a kanom (Ex. A-10) in respect of all the suit properties In favour of Kottiath Raman. Raman died shortly thereafter leaving defendants 1 to 5 as his heirs. By a registered deed (Ex. B-2) dated February 27, 1941, defendants 1 to 5 obtained from Baithan a surrender of his kanom rights under the deed dated February 5, 1929. the third defendant died during the pendency of the suit leaving defendants 18 to 23 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ict Court also held that the surrender deed (Ex. A-8), dated April 28, 1939 could not operate as assignment of the leasehold rights of Koran in respect of items 3, 4 and 5 of the suit properties and consequently the kanom (Ex. A-10), dated May 15, 1939 could not operate as a sub-lease of those properties by Abubacker to Raman and the defendants could claim no protection from eviction under Section 43 of the Malabar Tenancy Act. 3. During the pendency of the appeal to the High Court, the Kerala Stay of Eviction Proceedings Act, 1957 (Act 1 of 1957) came into force, and the appeal was stayed under the Act. On February 21, 1961, the Kerala Agrarian Relations Act, 1960 (Act 4 of 1961) came into force, and the appeal came up for disposal in a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... shall not be deemed to have conferred any right or imposed any liability on any person as if the said Act had not been enacted. The rights of the parties must now be decided in accordance with the provisions of the Kerala Land Reforms Act, 1963. Section 2 (22) of that Act defines kanom . By Section 2 (57), a tenant includes a kanomdar. Section 13 provides that notwithstanding anything to the contrary contained in any law, custom, usage or contract, or in any decree or order of Court, every tenant shall have fixity of tenure in respect of his holding, and no land from the holding shall be resumed except as provided in Sections 14 to 22 of the Act. The only question in this appeal is whether the contesting defendants are kanomdars and, ther ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d the kanom amount of ₹ 800, and which you have paid to me, the entire rights, liabilities, and claims belonging to me under the aforesaid kanom deed No. 266 and marupat deed No. 267, have been surrendered to you. It may be noticed that the kanom deed No. 266 is Ex. A-3 and the marupat deed No. 267 is Ex. A-4. 8. Exhibit B-2 was registered. It was executed for a consideration paid by defendants 1 to 5 to Baithan. It discloses an intention to transfer the kanom rights of Baithan to defendants 1 to 5; its operative words are capable of passing the title, and on its true construction, it operates as an assignment. Mr. Viswanatha Sastry suggested that Ex. B-2 was stamped as a release and not as an assignment. But the paper book doe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d of disclaimer the executants relinquished all their right, title and interest and claim in the properties in favour of the releasee upon the condition that the releasee would discharge certain debts and the executants would be under no liability to pay those debts. Though the deed was stamped only as a release and not with ad valorem stamp, Maclean, C. J. held that on its true construction it was a transfer. We think that a registered instrument styled a release deed releasing the right, title and interest of the executant in any property in favour of the releasee for valuable consideration may operate as a conveyance, if the document clearly discloses an intention to effect a transfer. In the instant case, Ex. B-2 clearly discloses an in ..... X X X X Extracts X X X X X X X X Extracts X X X X
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