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Claim of defendants to Kudikidappu right in a building in a suit for redemption of mortgage. Analysis: 1. The central issue in the Second Appeal was the defendants' claim to Kudikidappu right in a building within the context of a mortgage redemption suit. The defendants asserted their right as Kudikidappukars, contending that they were residing in the building even before the mortgage, and thus, upon redemption, their Kudikidappu right should revive. The primary argument against their claim was based on the cost of construction of the building, which was valued at Rs. 515.35 by the commissioner. However, due to an amendment in Explanation II of the Kerala Land Reforms Act, a dwelling house would be considered a hut if the cost of construction did not exceed Rs. 750, as opposed to the previous limit of Rs. 400. Therefore, the defendants could potentially succeed as Kudikidappukars if the building fell within the definition of a hut. 2. The interpretation of Explanation III to Section 2(25) of the Act was crucial in determining the applicability of Kudikidappu rights in cases involving mortgages. The respondent argued that Explanation III would not apply if the mortgage included both the land and the building where the Kudikidappu was situated. However, the court rejected this argument, emphasizing that the term "land" in Explanation III encompasses not only the soil but also the buildings standing on it. The court highlighted that the legislative intent behind the Act would be defeated if Kudikidappu rights were not revived in cases where the mortgage included the building in question. 3. The court further clarified that the term "land" should be construed broadly to include not just the soil but also any permanent structures on it, aligning with legal definitions that encompass everything above and beneath the surface. By adopting a comprehensive interpretation of "land," the court ensured that the purpose and object of the legislation were upheld, guaranteeing the revival of Kudikidappu rights for eligible individuals. The court emphasized that applying outdated definitions or disregarding subsequent amendments would undermine the intended scope of the Act. 4. Ultimately, the court concluded that the defendants were indeed Kudikidappukars entitled to Kudikidappu rights under the Kerala Land Reforms Act of 1964. As a result, the decree for redemption was modified to account for the defendants' rights, including the right to fixity in relation to Kudikidappu as recognized in Section 75 of the Act. The Second Appeal was allowed in favor of the defendants, with both parties directed to bear their respective costs.
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