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State of Kerala - Section

Section 12 in Kerala Land Reforms Act, 1963

12. Right to prow real nature of transaction.

- [(1) Notwithstanding anything in the Indian Evidence Act, 1872, or in any other law for the time being in force, or in any judgment, decree or order of court, any person interested in any land may prove that a transaction our porting to be a mortgage, otti, akaripanayarn, panayam, nerpanayam or licence of that land is in substance a transaction by way of kanam, kanam-kuzhikanam, Kuzhikanam verumpattam or other lease, under which the transferee k entitled to fixity of tenure in accordance with the provisions or Section 13 and to the other rights of a tenant under this Act.
(2)Where under Sub-section (1) the Land Tribunal holds that the transferee is entitled to fixity to tenure in accordance with the provisions of Section 13, it shall be lawful for the Land Tribunal in pass an order containing directions regarding the application of the sum, if any, advanced to the landlord and making other- suitable alterations in the terms recorded in the instruments executed by the parties.] [Substituted Act No. 35 of 1969.]
(3)Notwithstanding anything in the Indian Evidence Act, 1872, or in any other law for the time bciii8 in force, a person described as an Agent or servant in a document evidencing the contract for the curation of any nilam, may prove that he is a licensee.