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    <title>1996 (9) TMI 600 - Supreme Court</title>
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    <description>Section 4A of the Kerala Land Reforms Act applies only where the claimant was a mortgagee in possession on the date the provision commenced and had continuously held the land as mortgagee for at least fifty years immediately before that date. The non obstante clause does not waive these statutory conditions. After the mortgagor deposited the mortgage amount in execution, the mortgage relationship ended and the appellants&#039; later possession was only as judgment-debtors in unlawful possession. The Court also held that the statutory deeming fiction must be confined to the express text and cannot be expanded by ignoring the word &quot;immediately&quot; or by stretching the provision beyond its terms.</description>
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    <pubDate>Wed, 11 Sep 1996 00:00:00 +0530</pubDate>
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      <title>1996 (9) TMI 600 - Supreme Court</title>
      <link>https://www.taxtmi.com/caselaws?id=168379</link>
      <description>Section 4A of the Kerala Land Reforms Act applies only where the claimant was a mortgagee in possession on the date the provision commenced and had continuously held the land as mortgagee for at least fifty years immediately before that date. The non obstante clause does not waive these statutory conditions. After the mortgagor deposited the mortgage amount in execution, the mortgage relationship ended and the appellants&#039; later possession was only as judgment-debtors in unlawful possession. The Court also held that the statutory deeming fiction must be confined to the express text and cannot be expanded by ignoring the word &quot;immediately&quot; or by stretching the provision beyond its terms.</description>
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      <pubDate>Wed, 11 Sep 1996 00:00:00 +0530</pubDate>
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