Special provisions for mortgages executed by managers of joint Hindu families, karanavans of Marumakkathayam tarwads or tavazhis or of Nambudiri Illoms, etc.

(1) Where a mortgage executed in favour of the Central Mortgage Bank or a primary mortgage bank, either before or after the commencement of this Act, is called in question on the ground that it was executed by the manager of a joint Hindu family or the karanavan of a Marumakkathayam tarwad or tavazhi or of a Nambudiri Illom, or the manager of a Thiyya or Ezhava family, or the ejaman or ejamanathi of an Aliyasantana family, for a purpose not binding on the members thereof, whether majors or minors, the burden of proving the same shall, notwithstanding any law to the contrary, be on the party raising it. (2) A mortgage executed in favour of the Central Mortgage Bank or a primary mortgage bank by the manager of a joint Hindu family or the karanavan of a Marumakkathayam tarwad or tavazhi or of a Nambudiri Illom or the manager of a Thiyya or Ezhava family or the ejaman or ejamanathi of an Aliyasantana family shall be binding on the members thereof, whether majors or minors, if the loan secured by the mortgage was granted for any of the following purposes, namely:-(a) the improvement of agricultural land or of the methods of cultivation; and (b) the purchase of land.