Registered release deed interpreted as assignment of kanom rights, giving transferee tenants protection from eviction under land reform law.

A registered release deed executed for consideration may operate as an assignment if its operative terms show an intention to transfer the transferor's entire rights, liabilities, and claims, regardless of the label used or the word "surrender." The prior admission that the underlying transaction was a kanom remained relevant because the statutory definition of kanom was materially unchanged. On that construction, the deed transferred the kanom rights to the contesting defendants, who became kanomdars entitled to the statutory protection of fixity of tenure and immunity from eviction under the Kerala Land Reforms Act, 1963.

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Issues: Whether the contesting defendants acquired kanom rights by assignment under the registered release deed and, as kanomdars, were entitled to the status of tenants with fixity of tenure and protection from eviction under the Kerala Land Reforms Act, 1963.

Analysis: The earlier admission that the underlying transaction was a kanom was treated as binding for the purposes of the later statute, whose definition of kanom was substantially the same. The crucial question was the true construction of the registered deed executed by the holder of the kanom rights. Though styled as a release and using the word "surrender," the instrument was executed for consideration, was registered, and in substance expressed an intention to transfer the executant's entire rights, liabilities, and claims under the earlier kanom deed. A deed so framed is not confined by its label and may operate as a conveyance if its operative words clearly pass title.

Conclusion: The deed operated as an assignment of the kanom rights in favour of the contesting defendants, who became kanomdars and were therefore protected from eviction under the Kerala Land Reforms Act, 1963.

Ratio Decidendi: A registered release deed executed for valuable consideration may operate as an assignment or conveyance where its operative terms clearly show an intention to transfer the transferor's rights, regardless of the label affixed to the instrument.

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