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State of Kerala - Section

Section 5 in Kerala Land Reforms Act, 1963

5. Certain mortgagees with possession to be deemed tenants.

(1)Notwithstanding anything to the contrary contained in any law or in any contract, custom or usage, or in any judgement, decree or order of court, a mortgagee with possession of immovable property situate in Cochin shall be deemed to be a tenant, if :
(a)the property comprised in the mortgage consists of agricultural land other than land planted with rubber, coffee, tea or cashew; and
(b)the interest on the mortgage amount is less than forty per cent of the total rent fixed in the mortgage document.
(2)[ ***] [Omitted by Act No. 16 of 1989.]