Special provision for mortgage executed by managers of joint Hindu families, karnavans or Marumakkattayam tarwads or tavazhis or of Nambudri illoms, etc.

32.

1. (1) Where a mortgage executed in favour of a primary land development bank either before or after the passing of this Act is called in question on the ground that it was executed by the manager of a joint Hindu family or the karnavan of a Marumakkattayam tarwad or tavazhi or of a Nambudri illom, or the manager of a Thiyya or Ezhava family, or the ejaman or ejamanthi 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. (2) A mortgage executed in favour of a primary land development bank by the manager of a joint Hindu family or the karnavan of a Marumakkattayam tarwad or tavazhi or of a Nambudri illom or the manager of a Thiyya or Ezhava family or the ejaman or ejamanthi 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.