Kudikidappu rights revive on redemption even over land with a building, and the amended definition applies on invocation.
Explanation III to Section 2(25) of the Kerala Land Reforms Act was construed to include a mortgage with possession covering both the land and the building standing on it, because a narrower reading would defeat the statutory revival of kudikidappu rights on redemption. The provision was also held to be governed by the definition of "kudikidappu" as it stood when the claim was invoked, so the amended and more favourable definition applied. On that basis, the redemption decree was modified to preserve the defendants' kudikidappu protection.
Issues: (i) Whether Explanation III to Section 2(25) of the Kerala Land Reforms Act, 1964 applies where the mortgage with possession covers the land and the building standing thereon. (ii) Whether the meaning of "kudikidappu" in Explanation III must be read as it stood on the date of commencement of the Act or as amended.
Issue (i): Whether Explanation III to Section 2(25) of the Kerala Land Reforms Act, 1964 applies where the mortgage with possession covers the land and the building standing thereon.
Analysis: The expression "land" in Explanation III was construed in its legal sense as including not merely the soil but also the building standing on it. The provision for revival of kudikidappu right was held to presuppose an earlier extinction of that right by merger in the mortgage, and it would be rendered ineffective if confined only to mortgages of bare land. A construction excluding mortgages of land with the building would defeat the purpose of the provision.
Conclusion: Explanation III applies even when the mortgage with possession includes the building standing on the land, and the kudikidappu right revives on redemption subject to the statutory conditions.
Issue (ii): Whether the meaning of "kudikidappu" in Explanation III must be read as it stood on the date of commencement of the Act or as amended.
Analysis: The operative definition was held to be the Act as it stands when the provision is invoked, not the unamended text as originally enacted. The later amendment enhancing the cost limit for a hut was therefore applicable. On the finding regarding the value of the building, the claim could not be denied on the footing of the earlier lower limit.
Conclusion: The amended definition applies, and the defendants were entitled to claim kudikidappu protection on that basis.
Final Conclusion: The decree for redemption was modified so as to preserve the defendants' kudikidappu rights, and the second appeal succeeded to that extent.
Ratio Decidendi: In interpreting a remedial land reform provision, "land" may include the building standing thereon where that construction is necessary to give effect to the statutory revival of kudikidappu rights, and the provision in force at the time of invocation governs the claim.
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