Section 33
Special provtswns fo1· mortgages, executed by managers of ·Hmdu fam.zltes, karrr.navans oj -Mmumakkothc.yam Ta1·wads·or Tavazhts or of Nambudtrt llloms, etc.- (1) Where a mortgage executed 10 favour of the Central Mortgage Bank or a primary mortgage bank, or after the commencement·of-tlus Act, ts called 10 quPstlOn on the ground that 1t was execuifd by the manager of ajomt Hmdu famtly or the karanavan of a Marumakkathayam tarwad or tavazhi or of a Nambudlri Illom, or·the manager of a Thiyya or Ez11ava fam1ly, or the ejaman or e3amanathi of an ·Ahyasantana family, for a purpose not bind10g on the members thereof, whether majors or nunors, the ·burden of prov10g the same shall, notw1Lhstandmg any law to the contrary,·be·on the party ratsmg it.
33. Special provtswns fo1· mortgages, executed by managers of ·Hmdu fam.zltes, karrr.navans oj -Mmumakkothc.yam Ta1·wads·or Tavazhts or of Nambudtrt llloms, etc.- (1) Where a mortgage executed 10 favour of the Central Mortgage Bank or a primary mortgage bank, or after the commencement·of-tlus Act, ts called 10 quPstlOn on the ground that 1t was execuifd by the manager of ajomt Hmdu famtly or the karanavan of a Marumakkathayam tarwad or tavazhi or of a Nambudlri Illom, or·the manager of a Thiyya or Ez11ava fam1ly, or the ejaman or e3amanathi of an ·Ahyasantana family, for a purpose not bind10g on the members thereof, whether majors or nunors, the ·burden of prov10g the same shall, notw1Lhstandmg any law to the contrary,·be·on the party ratsmg it.
(2) A mortgage executed m favo_,r ot the Central Mortgage Bank or a pnmary mortgage bank by the manager of a jomt limdu fam1ly or the ka anavan of a· Marumakkathayam tarwad or tavazhi or of a Nambudir1-Illom or the manager of a Thtyya or Ezhava .famtly or the eJaman or e)amauatlu of an Ahyasantan<\ family shall be bmdmg on the ,members thereof, whether
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majors or n;inors, 1£ the loan secured by the mortg&ge was granted for any of lhe following purpo.sPs, namely . -
(a) the lrnlJrovement of agrlCulturalland or of the methods of cultlVatlon; and
(b) the purchase of land,
34, Special provisions for mo1·tgages by tenants.-Where a tenant mortgages his holdmg in favour of a primary mortgage bank, the following provlSlon.s shall apply so long as the mort· gage subsists, notw1thstandmg anyth1ng to the contrary con· tained in any law to tenancy or m any custom or contract-
(i) both before and after granting the loan secured by the mortgage, the pnmary mortgage bank shall give nohce in writing to the landiord of the tenant, and if such landiord 1s the tenant of another landlord, also to that landlord, and hkewise to every superior landlord £1om whom mterest m the holdmg is derived, up to and including the landuwner ;
every landlo1·d to whom notice 1s given under clause (1) shall g1ve not less than fifteen days' notice in writ· mg to the pnmary bank before institutmg a suit for bringing the holding of his tenant gg g
(lii) the tenant who has mortgaged the holdmg to the primary mortgage bank shall not except with the previous permiSSIOn of the Bank, surrender his holding or any part thereof to·h1s landlord or deal with 1t in any other manr1er, and no such transac· t10n entered into by the tenant w1th >Ut such per· miss10n shall affect in any way the mterest of the Bank in the holding ; .
(iv) in a smt for ev1ctwn mst1tuted against the tenant who has mortgaged the holumg to the pr,mary mortgage bank, the Bank shall, on apphcation to the court m whtch the l>Uit is mstituted, be entllled to be patd out of the amount of compensalwn, 1f any, deposited in court under sechon 5 o£ the Kerala Compensation for Tenants Improvements Act, 1958, the moneys due to the Bank under the mortgage;
(v) 1£, on the expiry of the tenancy of the tenant who has mortgaged the holding to the primarv mortgage bank, the tenant does not renew the tenancy, the Bank shall be entitled to oblam a renewal of the tenancy on behalf of the tenant and any re.1ewal fee pc.id by the Bank shall be added to the prmcipal money due the mortgage;
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(vl) 1f tl·e tenant who has mortgaged the holding to
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the primary in lrtgage bank makes default m the payment \lf any rent or michavaram or jenmikaram due to his landlord or the Government, as the case may be, the Bank shall be entitled to pay the same to the Iandi rd or the Government and the amount so patd shall be added to the principal money due under the mortgage.
Explanation.-In so far as the rent ot michavaram is payable in kind, the primary mortgage bank shall have the right to pay the value thC'reof calculated at the rate or rates notified by the Government from time to tlme in the Gazette;
(vii' where the primary mortgage bank pays any renewal fee, rent, michavaram or Jenmikaram clause ( V) or C}au,e (vi) , it shall be en 11 tled to I egard the whole of the mortgage money as having become p able and, after glVing a reason 1ble opportunity to the tenant to repay the whole of the said money or such portion thereof as may be determmcd by the Bank, to bring the holdmg to sale under the provtslons of Chapter IV of this Act.