section 12
Right to prove real nature of transaction
The Kerala Land Reforms Act, 1963(1) Notwithstanding anything in the Indian Evidence Act, 1872 (Central Act 1 of 1872), or in any other law for the time being in force, any person interested in any land may prove that a transaction purporting to be a mortgage, otti, karipanayam, panayam or nerpanayam of that land is in substance a transaction by way of kanam, kanamkuzhikanam, kuzhikanam, verumpattam or other lease, under which the transferee is entitled to fixity of tenure in accordance with the provisions of section 13 and to the other rights of a tenant under this Act. (2) Where under sub-section (1) the court or the Land Tribunal holds that the transferee is entitled to fixity of tenure in accordance with the provisions of section 13, it shall be lawful for the court or the Land Tribunal to pass a decree or 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 instrument executed by the parties. (3) Notwithstanding anything in the Indian Evidence Act, 1872, or in any other law for the time being in force, a person described as an agent or servant in a document evidencing the contract for the cultivation of any nilam, may prove that he is a licensee.
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