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Section 12: Rzght to prove real nature of transaction

The Kerala Land Reforms Act, 1963 (No.1 of 1964)State Act of Kerala · Act 1 of 1964

( I) Notwithstanding anything in the Indian Evidence Act, 1872 (Central Act l of 1872), or in any other law for the time being in force, any person interested in any land may prove that a transaction purporting to be a mortgage, otti, karipanayam, pan a yam .or nerpanayam of that land is in substance a transaction by way of kanam, kanamkuzhikanam, kuzhikanam, verumpattam or other lease, under wh1ch the transferee is entitled to fixity of tenure in accordance with the provisions of section 13 · and to the other rights of a tenant under this A~t.

(2) Where under sub-section ( l) the court or the Land Tribunal holds that the transferee is entitled to fixity of tenure in accordance With the provisions of section 13, it shall be lawful for the court or the Land Tribunal to pass a decree or order containing direc­ tions regardmg the application of the sum, if any, advanced to the landlord and making other suitable alteratiOns in the terms recorded in the instrument executed by the parties.

(3) Notwithstanding anything in the Indian Evidence Act, 1872, or in any other law for the time being in force, a person descri­ bed as an agent or servant in a document evidencing the contract for the cultivatiOn of any nilam, may prove that he is a licensee.

Fixity of Tenure

Where this provision sits

ActThe Kerala Land Reforms Act, 1963 (No.1 of 1964)
Section12
Marginal noteRzght to prove real nature of transaction
JurisdictionState of Kerala
StatusIn force as published by the source

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