Malabar Manual

Adima, from Dravidian adi ( bottom, base, foot), means slavery, feudal dependency. Tittu, from Dravidian tinduka (= to touch, defile), means a writ from a superior to an inferior.

In Malabar there are few castes under the rank of Nayar who did not, and who do not still, acknowledge a feudal dependence upon some superior lord, and who are not Adiyans or vassals. Persons of this description were not formerly allowed to possess land in Janmam right ; and therefore, when a Janmi made over land to a person in the condition of an Adiyan, it was called an Adima deed or grant, although he might not be his own vassal, and although the proprietor might have received the full Janmam value for the land. The right of proprietorship continued with the Janmi, and the tenant paid him a small sum of money—not more, perhaps, than two fanams annually—by way of acknowledgment of proprietorship. The tenant, however, could not be dispossessed, and the Iand descended to his heirs, and only reverted to the Janmi on failure of heirs.

The Adima grant of a paramba or garden was also often conferred by a superior lord, or Tala Udaya Tamburan, upon his own Adiyan or vassal ; but here it was in the feature of an Inam or gift, no consideration having been received for it by the proprietor. An annual trifling tribute of superiority is, however, reserved to the proprietor to prevent the garden being entirely alienated. The garden reverts to the proprietor on failure of heirs on the part of the Adiyan and if the Adiyan takes a part with the enemies of his patron, the latter may resume the property. Under any other circumstances the Adiyan cannot be dispossessed, and he has the right of burial within the garden.

Notes.—1. See Kudima, Changngatam.

2. In this the land is made over in perpetuity to the grantee, either unconditionally as a mark of favour, or on condition of certain services being performed. The terms Adima and Kudima mean a slave, or one subject to the landlord, the grant being generally made to such persons. A nominal fee of about two fanams a year is payable to the landlord to show that he still retains the proprietary title. Land bestowed as a mark of favour can never be resumed, but where it is granted as remuneration for certain services to be performed, the non-performance of such services involving the necessity of having them discharged by others will give the landlord power to recover the land. The non-payment of the annual fee will form no ground for ousting the grantee, but it will be recoverable by action. The hereditary property of Native princes cannot be conferred on this tenure, the ruling prince having only the right of enjoyment during life, without power to alienate —(Proceedings of the Court of Sadr Adalat, No, 18, dated 6th August 1856.)

3. A grant on condition of performing service is irredeemable so long as the grantee is ready and willing to perform the service.—S.D.C. 522 (1876), 113 (1877), 663 (1879).

ADIMA PARAMBU.

Adima (q. v.) Parambu (Dravidian) = higher or dry ground laid out in terraces, all fields too high for irrigation, an orchard, garden, compound.

Is a garden given to a slave (not a Cheruman or a person who can be sold), rather a vassal under the lord’s particular protection. A certain pattam is taken sometimes, and sometimes none. Land so given can never be taken away, but remains with the vassal till his death. If he dies without heirs, it reverts to the lord paramount. A Vettuvan or salt manufacturer who had got such a piece of land at Calicut said it was a place where he could be buried. He seemed to consider it a privilege insured to him.

Note.—See Parambu.

ADIYAN.

From Dravidian adi ( == base, bottom, foot), means servant, slave.

Is literally slave both in Tamil and Malayalam, and in the Northern Division of Malabar it is applied to the real slaves, but in South Malabar it means generally vassals. Under the old system, where every Tiyan was under a kind of vassalage to some superior, to some patron, to a Tamburan as he is commonly called, the patron was bound to protect him and to redress any petty wrongs he might sustain, and the client or vassal acknowledged his dependent state by yearly presents, and was to be ready with his personal services upon any private quarrel of his patron. This kind of dependency gave the patron no right of disposal of the person of his vassal as a slave, nor did it acquit the dependent individual of a superior obligation to the Raja or his representatives, the Desavali, and Neduvali, upon a public emergency.

Individuals were often clients of the church, which, by means of its representatives, the Uralar, was bound to protect them. Even at the present day an individual will immediately say who his Tamburan or patron is, and the yearly presents are still kept up.

Note.—See Changngatam.

ALIPADAM.

From (Dravidian) ali == (the ocean, the deep) and (Sanskrit) padam (a range, especially of rice-fields).

Alam, means, as in Tamil, depth, lowness, and padam field. The word applies to the lowest rice-lands.

Note.—See Kandam.

ALI SILAVU.

Ali, properly alu or aluku (Dravidian), means the high wall round an orchard. Silavu, properly chelavu (Dravidian), means expense.

The expense of preparing gardens. It bears the proportion of 20 per cent to the established valuation of trees, which is settled in making the Kulikkanam. This being added to the value of the trees, which in most places is half a rupee a coconut tree, the proprietor must pay for both, or else the interest of the two sums, according to the usual rate of the place, is included in the Pramanam and deducted from the pattam.

AMSAPATRAM or Pakuti Ola

Amspatram, from Sanskrit Amsom (= share, part) and Sanskrit Patram (= a leaf, a letter).

PakutiOla, from Dravidian pakuti (= division, share) and Dravidian ola (= palm leaf, a writing leaf).

Is a deed of division of hereditary property among relations ; another kind of Panaya Ola Karanam for rice-lands ; it is also called Muri : the same deed is used for plantations, and it is called in addition Kettiadakkam on account of these words being in the deed, which show that it refers to plantations.

Is a deed under which a Janmi makes over land for money borrowed. The mortgagee pays himself the interest and gives to the Janmi the purapad or residue of the pattam after deducting the interest, and in some cases the land tax is also to be deducted. The land is to be restored on payment of the debt without any deduction, of Sakshi, and no Polichcheluttu is allowed under this deed. The interest is supposed to be rather high in this transaction compared with that of many other land tenures.

ANAKKOMBAN.

From Dravidian Ana (= elephant) and Dravidian kombu (= tusk ivory).

A species of fine paddy grown in the Palghat District in low rice-lands, which is ten months in coming to maturity. It is heating. It is generally exported to Coimbatore, where it fetches one-twentieth more than any other kind of paddy.

ANUBHAVAM or Anubhogam.

(Sanskrit) = enjoyment, usufruct.

A deed of gift of land as a reward for services performed, answering, perhaps, to Inam land. The holder cannot be dispossessed, and the right is hereditary; but if the grantee or any of his descendants die without heirs, the land reverts to the Janmi, and on the succession of heirs the Janmi is entitled to Purushantaram. In some instances a trifling payment of one or two fanams is made by the grantee to the Janmi in token of acknowledgment of proprietorship. An hereditary grant of Anubhavam of the purapad, or residue of purapad after deducting mortgage interest, which remains in the hands of a mortgagee, is sometimes made to the mortgagee himself, or to some other person not connected with the land to whom the mortgagee is required to pay it.

Notes. —1. See Adim Kulichchekam.

2. It was customary for princes, when conferring a title on any person, to grant him at the same time sufficient land, to enable him to maintain the dignity of his position. Grants under this tenure were also bestowed upon persons for special services rendered, or for the future performance of certain services. The tenant cannot be ejected except where there are conditions imposed and he fails to fulfil them ; but, on the other hand, he and his heirs have only the right of enjoyment and cannot alienate their title. A trifling annual fee is generally paid to the landlord to show that he has not surrendered the proprietary.—(Proceedings of the Court of Sadr Adalat, No. 18, dated 5th August 1856.)

APHALAM.

(Sanskrit) = unfruitful, from a (Sanskrit negative particle) and Sanskrit phalam (= fruit), perhaps from Dravidian palam (== fruit).

A tree past bearing.

ARECA or BETEL-NUT. (Areca Catechu)

The tree = Kamugu, Kamundu, Kavundu, or Kalungngu (Dravidian). Its fruit = Adakka, Adekka (Dravidian), whence Portuguese Areca.

The nut of the betel-nut tree (not the tree itself) in Malayalam, whence probably the botanical name areca.

According to Arshad Beg’s Settlement of 1783-84 or 959 of the Southern District, exclusive of Palghat.-

Total Trees 3,361,195

Aphalam or Sisu 2,161,115

Productive 1,200,080

HoonsS.C.Or about one-third assessable Revenue20,018 0 0

59 productive trees per hoon, or 20 productive trees per rupee.

The number according to the Janmi Pymaish account of 981, furnished by the Collector, Mr. Vaughan, was 4,409,843 ; of this past bearing 1,326,652, pupils 1,376,846, productive 1,706,345. Their revenue of that year, deducting past bearing and pupils, Rs. 58,656 1 qr, 32 3/4 reas; average assessment per productive tree 13 3/4 reas.

Note.—The number according to the Jamabandi accounts of Fasli 1289 (1879- 80) was 8,167,552, of which 1,661,003 were returned as past bearing 3,304,740 too young to bear, and 3,201,189 as productive. The revenue, assessed on the productive trees alone, was returned as Rs. 81,311—12—0, giving an average of nearly1 5 pies per productive tree.

NOTEs: Correct average = 4215740/246293 pies. END OF NOTES.

ATTIPPETTOLA or Attipperu.

From Dravidian Atti (= causal of a verb signifying to be close, contiguous to, hence causal form, == to come in contact) and Dravidian peru (= birth, bringing forth), and Dravidian ola (= palm-leaf, leaf for writing.) The full phrase is Nir Atti peru, meaning the birthright (peru) obtained by coming in contact (Atti) with nir (= water).

Per in Malayalam corresponds with the Sanskrit word, Janmam, which means born, created, acquired, and more generally property. Atti means to join, mix. These two words united give but an imperfect meaning, and the word nir is generally prefixed. Nir-atti-per thus means the Janmam combined with water is given up. The Janmi reserves no purapad (balance of rent after deducting mortgage interest) or anything to himself. He cannot, after the execution of this deed, redeem the mortgage, and the relinquishment of the proprietary right is absolute under it. At the time of executing and delivering the deed, the following persons must be present. A Sva-jati, a person of the same caste ; Bandhu, a relative ; Putran, literally the son, but in Malabar construed to mean the heir, whether a nephew or son ; Narapati, the Raja ; the writer of the deed ; Tatra Sambandhi, a resident round the spot. In practice the attendance of the Raja, or the execution of the deed before the Raja, is dispensed with. It is only necessary that he should be apprised of the transaction. The mortgagee gives two fanams, which is placed in a small vessel of water ; the mortgagor, holding the deed in his hand, pours the water over it, which the mortgagor receives as it falls, and either swallows it, or puts it upon his head, or upon his feet, or upon the ground, according to the relative caste of the two parties. The deed is then delivered to the mortgagee. This deed mentions generally that the full value of the property disposed of has been received, and states the boundaries of it, but it does not specify the amount received.

Notes.—1. See Janmam and Perumartham and Sthana-mana-avakasam.

2. The purchaser, in coming into possession, is bound by all obligations which attached to the proprietor. He cannot disturb those who may be holding the property or any portion of it on Kanam mortgage, but merely receives the surplus rent produce in place of the former landlord. On the other hand, he comes into all the rights and privileges of the former landlord and may pay off Otti mortgages and sell or transfer the property as he pleases.—(Proceedings of the Court of Sadr Adalat, No. 18, dated 6th August 1856.)

ATTUVEPPU.

From Dravidian Aru (= river) and Dravidian veppu := (placing, planting).

Plantations bordering the seashore and rivers.

Notes.—1. One of the classes into which coconut gardens are divided.

2. As matter of fact, such gardens do not always border on the shore or river.

CHANGNGATAM.

(Sanskrit) == convoy, guard, income of Rajas from granting such guards, grants of land to persons liable to such service, companion.

Is also a kind of vassalage, and is applied particularly to Nayars who have placed themselves in a state of dependency upon some Desavali, Naduvali or Raja. The word Adiyan would, with respect to them, be degrading and improperly used. Nayars have often agreed to give Changngatam or protection-money to some chief of authority, and to make yearly presents in consequence from 4 to 34 fanams to individual patrons, and as high as 120 to the church. The church, again, has often subjected itself to Changngatam money to Rajas to ensure the benefit of their power.

Notes.—1. “Those who desire to proceed thither should first pay a certain sum of money to the king of the country, who will then appoint people to accompany them and show them the way.” — Fah Hian's Travels, quoted at Indian Antiquary VII, p- 3. ‘‘Thither” meant the country called by Fah Hian the “Kingdom of the Dakshina” or of the South.

2. There were four classes of officers about the Raja, whose posts were not hereditary but within his gift, viz., (1) Munnalippad, attendants with a daily allowance of three Nalis of paddy, youthful attendants ; (2) Arunalippad attendants with double the above allowance ; (3) Pandarappad, treasury officials ; and (4) Changngatuppad (see heading).—(Gundert’s Dictionary.)

3. See Kudima, Kulichchakkaran, Revenue.

CHANGNGATIKKURI.

From Sanskrit changngati (—convoy, guard, companion, friend) and Dravidian Kuri (= lot, share, lottery, club).

May be construed a season of friendship, a periodical association the lodge of friendship, a society of friends. It was a meeting formerly very common in Malabar among the natives, and still partially kept up, for the purposes of conversation, of discussing any particular subject, of inquiring into the conduct of any individual. It is not, it appears, confined to people of the same caste, but the association was often composed of Nayers, Tiyars and Mappilas. Besides promoting social intercourse, it has a tendency to prudential consequences. It induces economy.

Where there is a variety of castes in the society, the entertainer gives to those who are not of his own caste a certain quantity of rice and allows them to dress it by their own people. It is supported by the subscription of the members in the following manner. Suppose there are 25 members ; that each contributes 4 fanams monthly, making a total stock for each month of 100 fanams ; that the society is limited to 25 months' duration, and every member is obliged to give an entertainment to the party once in the course of this period at his own house. It does not come to the members in regular turn, but is decided by lot, that is, every member places with his subscription a ticket with his name into the deposit, and a ticket is drawn every month by some indifferent person, and the person whose name appears on the ticket drawn gives the entertainment and is entitled to the amount in deposit for the month.

The entertainment is calculated to cost at most not more than 10 per cent, of one month’s' subscription of all the members, and the great advantage is derived from drawing a ticket at an early stage, on account of the interest upon the sum to the remaining period ; there is no other prize ; every member’s subscription amounts in the end to the whole principal gain which he can ever make.

The greatest disadvantages to any member are the drawing his ticket towards the close of the duration of the society, the consequent loss of interests on his monthly subscriptions, and the loss of principal expended in the entertainment to the extent of two or two and a half month's subscription.

But these are counterbalanced by his facility of procuring easy loans of money upon the security which the ultimate certainty of attaining a prize affords. The monthly subscriptions in the meantime are small and not felt, and induce a habit of saving which would not otherwise be practised.

The interest upon loans which the members thus procure is to be paid only till the prize comes up. The lender derives no benefit from the chance of its coming up early.

Notes.—1. See Changngatam.

2. The Kuri was of three kinds : (1) Nelkkuri, where the shares were paid in paddy ; (2) Arikkuri, where the shares were paid in rice ; and (3) Panakkuri, where the shares were paid in money.

KURI MUPPAN

Is the president of the society termed Changngatikkuri, whose duty it is to see the money collected, or, in failure, to forfeit to the prize-drawer double the deficient subscription. He is entitled to the privilege of giving the first month’s entertainment.

The society has of late years fallen into disuse, partly because the European authorities have discouraged it among all public servants as liable to abuse, and partly because it does not enjoy the necessary power to enforce its rules by degradation or other punishment, and members are not to be found who will support it from their own respectability. The contempt of its regulations can only be attempted to be remedied by a tedious, vexatious and expensive appeal to a judicial tribunal—an appeal likely to be more particularly ineffectual from the compact of the parties being rather understood than expressive, founded more upon a sense of honour than upon law or written agreement.

CHANGNGATIKKURI KALYANAM.

See Changngatikkuri; Kalyanam (Sanskrit) = luck, happiness.

May be termed an association of friendship and pleasure among the natives of Malabar. It is an entertainment given by a respectable native, at which all his friends who are invited present a sum of money and a certain number of coconuts, plantains, betel-leaves and betel-nuts, every man according to his fancy, to the entertainer.

The host feeds all those who come and has diversions for the company. An account is kept of what each guest offers, and when these guests in their turn announce that an entertainment is to be given by them, the person who has formerly had the benefit of an entertainment is expected to be present and to make a return at least equal, but in general half as much again, and sometimes double, what he has received.

To any person who evades the invitation and does not send the proper present of money and fruit, a small vessel of arrack and the bone of a fowl are sent in derision to shame him into a more liberal spirit, and he is desired to eat and drink them and to return the money, etc., he formerly received. This, in general, was sufficient to ensure a compliance with the custom.

Note. —Kurikkalyanam is in some places used to signify Changngatikkuri. Such associations are still kept up.

CHAVER.

From Dravidian Chava (death) and Dravidian Eruka (= to arise, aseend), literally, those who went forth to death.

Or lands granted by Rajas to the families of deceased heroes who fell in performance of solemn vows to fight till death against the enemy. If any escaped this conflict they were excommunicated them caste and obliged to flee the country. The Ilaya Raja of Angadipuram states that much of his original rajyam in Vullatra was alienated from this cause in his wars with the Zamorin. It appears the private Janmams of conquered states were not respected by the conquerors.

Notes 1.—The name was applied to those persons who, for the honour of the Valluvakonatiri or Vellattiri elected to run, armed with swords and shields, the gauntlet of the Zamorin’s 30,000 spears at Tirunavayi in Ponnani taluk every twelfth year.

2. Their ostensible object was to elude the spears and to slay the Zamorin, who, armed with Cheraman Perumal’s sword awaited their onslaught. Conf. pp. 162—69 of the text.

CHERLABHAM.

Cherlabham, from Dravidian cheru (= wet soil) and Sanskrit labham ( = gain, profit).

Meaning generally the same as Kolulabham, but more literally the profit of the earth or soil—the cultivator’s share.

Note.—See Kolulabham.

CHERUJANMAM.

From cheru (Dravidian) = small, and Janmam (Sanskrit) = birth.

Inferior rights applied to the fees receivable by the carpenter and smith in Malabar.

Notes.—1 . See Janmam.

2. Hereditary rights and perquisites were claimed, within certain defined local limits, by (1) the Kanisan (astrologer) for feasts, (2) the Asari (carpenter) for dedication of houses, (3) the Tattan (goldsmith) for marriages, (4) the Malayan (musicians and conjurors) for devil feasts, (5) the Vannan (washerman), (6) the Velan (midwife, accoucheur), (7) the Vilakkattaravan (barber), etc.

CHERUMAKKAL.

From Dravidian cheru = chiru (= small) and Dravidian makkal ( = children).—(Gundert).

Slaves in general. It is supposed to be derived from cheru = soil, and makkal children : children of the soil, or sons of the earth. Others say from cheru, small, and makkal, children, indicating that they are to be treated as young children by their masters.

Notes.—1. From a census taken in 1857 of the slave population it appeared that they were then distributed as follows :

2. The bulk of the slaves being located in the ancient Cheranad (part of the Ernad taluk) and in the neighbourhood of it, it is not unreasonable to suppose they got their name as being the aborigines of Cheranad, or possibly of the still more ancient kingdom of Chera.

CHIRA.

(Dravidian) == enclosure, dam, tank.

A reservoir of water or tank on a smaller scale ; it answers to eri or lake in the Dravida country. In the Palghat and Temmalapuram districts, it is used for cultivation. It is formed by a bank thrown across the higher parts of a tract of rice lands and resting at each end upon eminences. Cultivation of rice is carried on on land lower than its level ; and in the bed of it a kind of rice called Kuttadan is sown, which takes nine months to come to maturity. It is sown in Chithri or April, before the commencement of the heavy monsoon, and is cut in Margulli or December, and it shoots its head above the water, the depth of which is often six feet.

COCONUT.

In Malayalam tengnga contraction for tengngankayi, from Dravidian tekke (= south) and Dravidian kay (= ripening fruit)

According to Arshad Beg’s Settlement of 1783—84 or 959 of the southern districts, exclusive of Palghat there were:-

or about one-fourth assessable revenue 36,724 - 5½ fanams, or twenty trees per hoon, or 7 trees per rupee.

The number according to the Janmi Pymaish account of 981, furnished by the Collector Mr. Vaughan, was 6,124,367, past bearing 1,792,987, pupils 1,244,440, productive 3,086,939. Their revenue of that year, deducting past bearing and pupils, Rs. 3,15,115-0 qr. 75 ¼ reas ; average of assessment per productive tree 40 13½/16 reas.

In talking of the price of coconuts, it is always understood to be the nut without the husk, which latter is sold separately.

Note.—According to the jamabandi accounts of fasli 1289 (AD. 1879—80) the number of coconut trees was 9,519,567, of which 1,310,253 were past bearing, 3,611,506 were not yet come into bearing, and 4,597,808 were productive. The productive trees were assessed at Rs. 3,49,835-11-3, being at the rate of 1 anna 22799143/4597808 pies per productive tree.

COWLE.

(Arabic) qabul = engagement, cowle.

Notes.—1. A Government cowle for the cultivation of waste land confers a right of entry, and of compensation for improvements, but does not affect the Janmi’s right to rent.—S.D.C., 132 (1877), 79 (1878).

2. A Jamni is not at liberty to eject a squatter on waste land who has obtained a cowle from Government, if 12 years have elapsed from the date of entry SD.C, 195 (1878), 674 (1879).

3. A Government cowle does not confer any right as against a prior occupant. S.D.O., 47 and 48 (1878).

DASTA BAKKl.

From Persian dast ( = balance in hand) and Arabic bakki ( == remnant, surplus).

A balance of revenue collected from the person due, but not brought to the public credit by the Revenue Officers.

DESAM.

(Sanskrit) = region, country, parish.

A village, the same as Tara in the Malabar province. In the ancient Hindu histories a kingdom, of which there were 56 in India, is meant by it.

Note.—See pp. 87-90 of the Text. The Desam and the Tara were not the same thing. See Tara.

DESAVALI.

From Desam (q.v.) and Dravidian vali, from valuka, to live, live prosperously, reign.

Hereditary heads of villages. Before Hyder’s conquest some had one, some two or more villages , their places are now supplied by Mukhyastanmar.

The number of Nayars or fighting men attached to a Desavali was from 25 to 100 ; if it exceeded the latter number, he ranked as Naduvali.

Note—See pp. 87—90 of the Text. He was the military chief, not the civil chief of the Desam.

DESAKOYMA

From Desam. (q.v.) and Dravidian Koyma, modern form of Konma, from Kon (= king) , means sovereignty, authority.

Same as Desavali.

Note.—This word denotes the functions of a Desavali which were as follows:-

1. Desam

See Desam

2. Desadhipatyam

From Desam (q.v.) and Sanskrit adhipatyam = supreme authority.

3. Ambalappadi

From Dravidian ambalam (= place devoted for public use or assemblies, a temple) and Dravidian padi (=a step, bench).

4. Urayma

From Dravidian Ur (= village, town, parish) and Dravidian vayama modern form of vanma from valuka (= to live prosperously, reign) meaning authority, office.

Sthanams or dignities.

Ambalappadi is the seat of honour, a certain step or degree in a temple to which only particular persons are entitled. The claim to it is derived from ancestry, but the dignity is saleable. It is, however, understood that it cannot be disposed of except to a person of the proper caste and necessary respectability. It is, strictly speaking, confined to Brahmans but there have been interlopers of the Samunta caste.

The Urayma is the office to which is attached the general superintendence of the affairs of a temple; a person who has attained the Ambalappadi dignity in the village holds invariably also that of Urayma, that is, he is the Uralan of the temple, but the Uralan may be such without being an Ambalappadi (sic).

Desam means that a person possesses in proprietary right the whole property of the village or Desam He is the janmi or Mutalalan of the Desam.

Desadhipatyam is the office held by the Desadhipati or Desavali, which is the political ruler or representative of Government in the Desam; of the Desam and Desadhipatyam an individual may be possessed of the one or the other separately. The Desavali was not necessarily proprietor of all the lands of the village. But a person enjoying these four dignities collectively and in the same Desam is esteemed as one who has reached the summit of honour All the dignities were saleable, either separately or collectively, except the Urayma and the Ambalappadi, which went always together, and generally the Desam and Desadhipatyam.

Ambalam equals temple of the first order, called Maha Kshetram dedicated to the Hindu Trimurtti. There were 108 principal temples constructed by Parasurama between Gokarnam and Kannya Kumari (Cape Comorin), and the one opposite to Mr. Babington’s bungalow at Varakkal, near Calicut, is of the number.

Notes.—1. See pp. 87—90 of the Text ; also Tara and Ur.

2. A Desam was not Synonymous with a tara. Great confusion has arisen from thinking so.

3. The seat of honour in the ambalam is just outside the sanctuary. As Brahmans can enter the sanctuary itself, it was no honour to them to be seated on the ambalappadi. To be thought entitled to exclusive right to the ambalappadi was, on the other hand, a source of profit which Brahmans coveted. The ambalappadi was originally the seat of the chief man directing the proceedings of any public meeting, such as a temple feast ; he was, in short, chairman

4. Ambalappadi and Urayma were the privileges of the headmen, Karanavar of the tara (Dravidian teru — street, village) or of the Ur (Dravidian = village), along with other privileges, some of which are still observed, for example, Urpalli, the special place set apart in the village (Ur) for cutting up the carcases of deer, etc., killed in the village hunt, the headman of the Ur (a Taravattukaranavan) being entitled to a hind-quarter and other parts of the animal.

EDAM or Idam.

(Dravidian) = place, house, mansion.

Is the distinctive name of a house or palace occupied by a member of the family of the Palghat Raja; it is also used sometimes for the house of a Naduvali of consequence in the Palghat district. In the same part of the country the house of a common man is called a Vidu ; Edam in Tamil means place.

Note. —The use of the word is not confined to the Palghat taluk.

ELAM.

(Dravidian) —cardamoms.

A thousand rupees a candy the Wynaad cardamom sells for.

Note.—The best cardamoms now fetch from Rs. 1.200 to Rs, 1,400 per candy 700 lb.

ENNAM.

(Dravidian) = number, counting.

Counting. It is a term used for the expense of reaping, reckoned 10 per cent. In some places this proportion is given after the paddy is measured out , in others one out of ten sheaves is given in the field.

Note —The number of sheaves varies : in one part of Chirakkal taluk at the present time one out of twelve goes to the reapers. See Patam, Kolulabham, Cherlabham, and Pandakkaval.

ETTUKKONNU and Muppara.

Ettukkonnu, from Dravidian ettu ( == eight) and Dravidian onnu ( == one).

Muppara, from Dravidian munnu (= three) and Dravidian para (= a measure, bushel).

Meaning one to eight, and three paras ; it expresses the nature of the land-tax in the Travancore province. On the garden land one in eight (of the pattam or rent) is said to be taken, and on rice-lands three paras (out of ten).

FANAM.

From Dravidian Panam = coin, fanam, money in general.

Old Viray or Gold = 4 to a rupee. There are 12½ Malabar pice to one fanam.

New Viray or Gold = 3½ to a rupee. There are 141/4 Malabar pice to one fanam.

Silver = 5 to a rupee, and each fanam worth ten Malabar pice.

Note.- Mr. Græme has omitted mention of the

1. Rasi fanam. —The most ancient of the indigenous fanams, bearing at the present time a fanciful value. They are of gold, and have the same 14 dots as the gold fanams mentioned above. Rasi means a sign of the Zodiac, so it is supposed the 12 dots are the 12 signs of the Zodiac, and the two separate dots are the sun and moon. The 12 Zodiacal signs are divided into four good, four middling, and four bad signs, which may account for the appearance of the dots on one side of the coins : the four prolonged dots being the good, the four ordinary-sized ones the middling, and the four tiny dots placed separately in a corner by themselves the four bad signs. The other emblems are not understood.

II. The Sultani fanam.—A coin of Tippu’s, which in 1790—92 had fallen in value to 3½ = a rupee.

GARCE.

120 paras of Macleod seers, or 3,000 Macleod seers, make a garce, Bombay salt, according to my experiment, weighs 90 lb. the para of salt, so that a garce is 10,800 lb.

GRAMAM.

(Sanskrit) = village.

Equivalent to Agraharam in the Carnatic, a Brahman village. At the time of Parasurama’s gift of the country to the Brahmans, 64 Gramams were established from Goa to Cape Comorin, 32 from Kanyirote (or Cassergode north to Comorin south) ; to these were attached all the Sudra villages.

Notes.—1. See Chapter III, Sections (a) and (b) of the Text.

2. Mr. Græme here follows the Keralolpatti tradition, which, is unreliable.

GRANDHAVARI.

From Sanskrit Grandham == verse, book.

A book formed of the leaves of the Kudappana palm or Talipot tree, in which Janmis register their agreements respecting land with their tenants or mortgagees. Where it is kept it is said to be a register which may be safely referred to as authenticating an agreement otherwise doubtful, but it is not kept up so much as it used to be.

The Kudappana of Malabar does not afford the leaf capable of being so used ; the impression of the iron pen goes through and prevents its being written on both sides. The proper kind is only procurable in Travancore and Canara. It is brought for sale. It is much more expensive than that of Malabar. It is also much more durable.

HOBALI.

(Dravidian) == division of a district.

A term introduced into Malabar by the Muhammadan Government. It is in Malabar a subdivision of a taluk comprehending several Desams or villages. It corresponds with Magani in Canara and with Maganum on the Eastern Coast.

Note.—The Muhammadans called their village organisation in Malabar the Tara. See Sir Thomas Munro’s Report. Revenue Selections, Vol. I, p. 842. See also Tara and Ur.

HOUSES.

Different names for them in Malabar according to castes -

IDAPADU

From Dravidian idam ( = place, house of Naduvalis) and Dravidian padu (falling, falling into power, place, rank of officials, etc.), means the authority exercised by the family inhabiting the idam, who also controlled the pagodas of Urile Bhagavati (goddess of the ur, village) and of Muvanti kali (the tutelar deity of Calicut) lying within their limits. Pagodas ; 18 should be included in the range of a Kartava of 3,000 (Nayars).

Note .—See Edam.

ILLAKKUR.

From Dravidian. Illam ( == a house) and Dravidian kuru or kur ( = part, share).

Illam, a house ; kur, partition, share. It means the private property of a Raja which descends to his heirs. He relinquishes this property to his nephew or next heir upon his giving up one official dignity for a higher step. Not that he absolutely gives up all control over it, but this arrangement is made to distinguish and separate it from the public property of the official station he has just held, and to prevent its being claimed by his successor in it.

Note.—See Kurvalcha.

ILAVAN.

From ilam, from Chingngalam, Simhala, Sihala = Ceylon.

The name of the Tiyan in the Palghat and Temmalapuram Districts in parlance, who are aborigines of Malabar ; in other places they are only so named in writings.

Note—The Tiyar or Tivar (from tivu, corruption of Sanskrit divpu = an island) are believed not to have been the aborigines of Malabar, but to have come from an island (Ceylon), bringing with them the southern tree (tengngkay), the cocoanut. See Tiyan, Shanar, Mukkuvar. Check this page

INAKKUMURI.

From Dravidian inakku ( = agreement, certificate of agreement) and Dravidian muri (== fragment, note, bond, receipt).

There are two kinds of deeds of this denomination. A mortgagee making over land to another person in mortgage gives him an Inakkumuri, or certificate that he has received a sum of money from the second mortgagee and has made over the land to him, and calls upon the Janmi to confirm him in the same tenure which he himself possessed. If this certificate be shown to the Janmi, he has a right ro demand Sakshi for the renewal of the deed, but the second mortgagee often withholds the production of the deeds in order to avoid payment of the renewal money. That is also called an Inakkumuri which a Janmi gives to a mortgagee when he has sold the Janmam right of the mortgaged land to a third person. In it he refers the mortgagee to the purchaser for the future responsibility for the kanam money.

Note.—1. Mortgagees may transfer their interest to sub-mortgagees, and the latter come into the enjoyment of the same rights and privileges as the former possessed. A notice should be given to the landlord at the time of such transfer. In an action for the recovery of the property, when an Inak has been given, the landlord must recognize and sue the property in possession, but it is only liable to pay the amount which would have been payable to the original mortgagee.—- (Proceedings of the Court of Sadr Adalat, No. 18, dated 5th August 1856.)

3. Mr. Græme and the Sadr Court both here use kanam as synonymous with mortgage. It is clear that the Kanakkar had the privilege of selling his holding, independently of the Janmi, a most important point. See Chapter IV, Section (a) of the Text.

JACK TREE. (Artocarpas integrifolia.)

In Malayalam the tree = pilavu ; its fruit == chakka, whence Jack.

Chakkha — the Malayalam name for the fruit of the Artocarpus integrifolia, whence is probably derived the name Jack.

Chakka, Mangay, Tal or Talu, Takara = a common saying expressive of the kind of food which the poorer classes of people live upon chiefly in Malabar. Chakka is the Jack, Mangay the Mango, Tal or Talu a species of wild Yam with a broad leaf, often cultivated in private gardens, and Takara a species of Dholl. It is called Sag in Hindustani, and the leaf is eaten boiled. The Jack is eaten boiled, in general mixed with salt, etc.

Note.—According to the Jamabandi accounts of Fasli 1289 (A.D. 1879—80) there were 1,441,034 Jack trees, of which 500,641 were past bearing, 605,640 were too young to bear, and 334,753 were productive. The productive trees were assessed at Rs. 52,337-8-7, or at the rate of 2 annas 66217/334753 —pies per productive tree.

JANMAM.

(Sanskrit) == birth, birthright, hereditary proprietorship, freehold property = the Sanskritised form of the Dravidian peru ( = birth birthright).

The landed property of a Janmakkaran or proprietor.

Notes.—1. See Chapter IV, Section (a) and Attiperu.

2. The purchaser, in coming into possession, is bound by all the obligations which attached to the proprietor. He cannot disturb those who may be holding the property, or any portion of it, on kanam mortgage, but merely receives the surplus rent produce in place of the former landlord. On the other hand, he comes into all the rights and privileges of the former landlord, and may pay off Otti mortgages, and sell or transfer the property as he pleases.—(Proceedings of the Court of Sadr Adalut, No. 18, dated 5th August 1856

JANMAKKARAN or JANMI or MUTALALAN.

Janmakkaran and Janmi = from Sanskrit Janmam (q.v.) and Sanskrit Karan ( = doer, one who has to do with).

Mutalalan, from Dravidian Mutal ( = beginning, principal, stock property, money) and Dravidian al ( = person).

A landed proprietor. In Malabar there are 44,378, and the same number of estates, and the land assessment being about Star Pagodas 480,000, each estate on an average bears to the whole revenue a proportion of little more than 10 pagodas per annum.—(38th paragraph of the Revenue Board’s Minute of 5th January 1818).

This number is taken from the 77th paragraph of Mr. Warden’s letter to the Revenue Board of 16th June 1813, and the 33rd paragraph of his letter to the Board of 20th April 1815, which again was taken from the Janmi Pymaish accounts of 981, but by mistake the taluks of Kavai, Cotiote, and Randatara were omitted.

The copy of the Janmi Pymaish accounts received from Mr. Vaughan by Mr, Græme makes the number 52,303, which reduces the revenue payable by each to little more than 9 pagodas. It is conjectured (though I have not yet obtained any accounts to prove it) that half the revenue is paid by estates yielding from a thousand to five thousand rupees’ assessment, which will make the amount of the assessment payable by the greater proportion of the proprietors very small indeed.

Supposing that half the revenue is paid by estates yielding a revenue of a thousand rupees, that will withdraw eight hundred and forty from the number, and the remaining half, viz., 240,000 Star Pagodas, will be paid by 52,463 estates or proprietors, which will be between 4½ and 5 pagodas for each.

The Board of Revenue have considered the number stated as so many estates, whilst Mr. Warden expressly calls this number so many proprietors, but upon examination I find that neither the one nor the other mode of considering it is strictly correct. That may be called an estate which an individual possesses in the whole province or in a village, and others have denominated single fields estates, but in the Janmi Pymaish accounts is entered as one estate the whole landed property possessed by an individual in one Hobali comprehending several Desams or villages, the number of estates is therefore either too great or too little, according to the acceptation given to the term. But if it is wished to know what assessment is payable on the whole estate in the province of each individual, this account will not show it. The number of estates is too great. It is only correct with respect to each Hobali, for many Janmis possess lands in different villages of the same Hobali, in different Hobalis of the same taluk, and in different taluks of the province, all of which, with the exception of those within the confines of villages, are entered as separate estates.

The real number of Janmis is, in consequence, not equal to the number of estates specified. Some individuals are entered ten times instead of one, and very many appear four times. The number cannot therefore be taken at more than 15,000, but for this conjecture there is no document.

Note.—See Proprietors and Perumartham and Sthana-mana-avakasam.

JANMAKKAVAL.

From Janmam (q.v.) and Dravidian kaval ( == custody, guard, watch).

Is a fee which is given to a kind of headman among slaves for watching a large tract of rice-land and protecting it from cattle. The land may belong to different proprietors, though the watcher is the slave of only one. The fee consists in the crop of a certain portion of every rice-field. The watcher is generally selected from the caste of Palium, which is considered the most trustworthy and attentive, and the watcher goes on such occasion by the name of Kalladi Palium, though the Kalladi is a different caste of slave.

JANMAKKOLU.

From Janmam (q.v.) and Dravidian kolu ( == ploughshare, cultivating tenure).

Answering to Moolgainee. It is a fixed rent which cannot be raised, and the proprietor cannot remove the tenant. It prevails in some few places in the Northern Division of Malabar.

Notes.—1. In this case the land is made over for permanent cultivation by the tenant in return for services rendered. Where the proprietary title is vested in a pagoda, the grant will be made for future services. In some cases land is mortgaged on this tenure, the Kanam mortgagee paying the surplus rent produce to the landlord after deducting the interest of the money he has advanced. The tenant has, in North Malabar, only a life-interest in the property, which at his death reverts to the landlord. In the South the land is enjoyed by the tenant and his descendants until there is failure of heirs, when it reverts to the proprietor ; except where the is granted for special services, an annual rent is payable under this tenure. The tenants right is confined to that of cultivation, but it is permanent, and he cannot be ousted for arrears of rent, which must be recovered by action, unless there be a specific clause in the deed declaring the lease cancelled if the rent be allowed to fall into arrears.—(Proceedings of the Court of Sadr Adalat, No. 18, dated 5th August 1856).

2. This right reverts to the landlord on failure of tenant’s heirs.—High Court Spec. App. 495 (1869).

JANMAKKUDIYAN.

From Janmam (q.v.) and Dravidian Kudiyan ( == inhabitant, subject, tenant).

May be translated a proprietary inhabitant. It is not uncommonly used to designate the modern Janmakar, who has acquired his property by purchase, in contradistinction to the ancient or hereditary Janmakar.

JANMAPANAYAM Olakkaranam, or JANMAPANAYAM Eluttu.

Janmapanayam, from Janmam (q.v.) and Dravidian panayam (= bet, stake, pledge).

Olakkaranam, from Dravidian Ola ( == palm-leaf writing) and Sanskrit Karanam ( = acting, instrument, deed). Eluttu (Dravidian) = writing, writ.

The Janmakkaran is supposed to have received an additional 10 per cent on the amount of the Otti, making altogether 30 per cent beyond the Otti. Under this deed he pledges the Janmam or proprietary right, without relinquishing the actual possession of it by which he is bound not to transfer the Janmam right, to another without the consent of the present mortgagee. He has still, however, the power of redeeming the mortgage by paying the debt and the interest of all sums borrowed since the period of the execution of the Otti deed, with the proviso that the interest do not exceed double the amount of the sums so borrowed. The amount of the debt, but not the pattam, is specified in this deed.

Notes.—1. “This is the last resource short of selling the land altogether. In executing this deed the landlord relinquishes the power to redeem his land, and has nothing left him but the nominal right of proprietorship. By going through the form of casting a few drops of water from his hand he yields up all right of further interference in the land. Nor can he sell his proprietary title to any one but the mortgagee, as he has already made over to him all the rights and privileges possessed by a proprietor. This tenure prevails only in the neighbourhood of Calicut.”—S.C. Circular, dated 5th August 1856, No. 18.

2. Mr. Græme in his report (paragraph 1553) remarked : "Before the conquest several intermediate stages of mortgage, in the hope of future redemption before land was sold, were common, and its disposal with all this was very rare ; but in the present times the intermediate deeds are dispensed with entirely in Palghat, and in Calicut the Otti and Janmam deeds, instead of being as before at different and distant periods from each other, are now very frequently executed on one and the same day, and the property transferred without reservation on the part of the proprietor.”

3. The above interpretation of this deed was probably more theoretical than real. It was supposed to be the fifth of the six deeds culminating in Janmam.

4. A suit to recover lands granted on a pepper-corn rent is barred after 12 years from the grant-—S.D.C., 368 (1879).

KAL

(Dravidian) == foot, leg, stem, pillar.

Literally, leg ; figuratively, support. In the Northern Division of Malabar it means the standard tree round which the pepper-vines climb. It applies to trees such as the Moochy wood tree (moorka), which are planted expressly for the support of the vine. A coconut or jack would not be called a Kal.

KALAMENI.

From Dravidian Kalam ( = pot, vessel, measure) and Dravidian meni ( = body, shape, sample, average).

An average.

KALAPPAD.

From Dravidian Kalam ( = a threshing-floor) and Dravidian padu ( = falling, falling into power of, rank, nature, measure of space and time).

A term in use in the Walluvanad Taluk, and, perhaps, other places to the southward in Malabar. It means a threshing-floor, a house or a place for removing the grain from the straw, whether by threshing, or, as in Walluvanad, by treading with men. More generally it means a collection of paddy-fields under one manager or cultivator, the produce of which is brought to one threshing-floor.

KALAYI.

(From Dravidian kal = foot, stem, or stubble, and ayi ( = became) = the second cultivation of a rice-field.

Means rice of a second crop. It implies that one crop must have been cut in Kanni (September and October, and that the second crop is cut in Makaram (January and February). It does not apply to a crop cut in Makaram which had no previous crop.

Note—Kalayi Nilam is the opposite of Ariri Nilam , which means land on which Ariri — a single crop—is raised.

KALKURA PATINARU.

Kal (Dravidian) = one-fourth ; kuravu (Dravidian) == deficiency; patinaru, (Dravidian) = sixteen.

Quarter less 16 or 153/4 Viray fanams, which Desavalis could receive in fines from inhabitants. If the fine amounted to 16 or above it, it was the right of the Naduvalis.

KIRANI or Kanakkapilla.

Derivation of Kirani is doubtful. Kanakkapilla, from Dravidian kanakku. ( = accounts) and Dravidian illa ( = child, honorary title).

Writer or Accountant. In Malabar the first used exclusively for Portuguese and half-caste writers, the second is also used for them, but I find it was also the common name for the Raja’s accountants in the Kadattanad, Kottayam (Cotiote), and Chirakkal Rajyams.

KANAM.

From Dravidian Kanuka ( == to see) means now-a-days possession, mortgage or lease, but originally it meant supervision, protection.

Which, I think, is generally supposed to mean mortgage or pledge, must be construed to be the thing or consideration for which the mortgage or pledge is given, and it seems applicable only to lands, timber trees, and slaves.

In Arabic the terms for the different incidents of mortgage are very distinct and precise. Murhoon is the thing mortgaged or pledged ; Rahin is the mortgagee ; Moortahin the mortgagor ; and Mooblunghi Murhoon the money or consideration which is given for the pledge. Kanam corresponds with Mooblunghi Murhoon, or the money given, and Panayam with Murhoon, or the thing mortgaged.

Panayam Eluttu is the mortgage writing or deed. Though the pattam or rent capable of being collected from the lands which is in the possession of the mortgagee is more than sufficient to pay the interest of the mortgage debt, yet it is generally calculated that the value of the pattam would, if sold, be not more than adequate to pay the principal. If the mortgagee retains more than his fixed share of the pattam for the payment of the interest of the debt, and neglects to pay the remainder to the Janmakkaran, he forfeits the land, which is instantly resumable by the Janmakkaran.

It is supposed that the original intention of receiving the kanam was to secure the proprietor against the imposition or the neglect of the tenant, that it was to be considered that the pattam was permanent notwithstanding the representations of the tenant, whether true or false, of bad seasons and accidents. The principal of the kanam was not, therefore, more than equal to one year's pattam, and the proprietor thus provided against failure by having received the pattam in advance for a year. The introduction of the land-tax and the increasing necessities of the proprietors obliged them to involve deeper in debts and mortgages.

There is a great distinction to be observed between a mortgage and what is called kanam. A mortgage is the thing given for the security of the creditor for money borrowed of him. A kanam is an advance of rent made by a tenant to a proprietor for the security of the latter against failure in payment of the pattam. It was originally as much the custom for a tenant to have been a long time in possession of land, merely paying the simple pattam before he advanced money, as for him to acquire possession in consequence only of advancing the pattam money. The occupancy of the land, in short, sometimes preceded, and sometimes followed, the advance of money.

One of the six Pramanams or deeds of mortgage recognised in the Sastra.

Notes.—1. See Chapter IV, Section, (a) of the Text, and Pattam and Pattola or Pattamola and Proprietors and Keikkuli.

2. Said to be the second of the six deeds culminating in janmam.

3. If no period be specified the mortgage is considered to extend to 12 years, and always so where a fee has been paid. The mortgagee has possession, recovering the interest of the money he has advanced from the produce of the land, and paying over the net profits to the landlord. Should he fail in the last respect, the amount is placed to the landlord’s credit when the mortgage is paid off, allowance being made, on the other side, for any improvements which the mortgagee may have effected. Failure to pay over the net proceeds regularly to the landlord will not give the latter power to redeem his land before the expiration of the period stipulated (or that of 12 years), unless there be an express condition to that effect in the deed. Any attempt, however, an the part, of the mortgagee to defraud the landlord and usurp the property wifi give the latter that power. Should the landlord desire to raise a further sum of money on the land, and the mortgagee be unwilling to advance it, he may mortgage the property to a third party, who will be entitled to possession on paying off the sum originally advanced by the first mortgagee.

The latter, however, has the option of advancing the required sum and remaining in possession if he pleases. Where the land has been mortgaged for a particular period, the landlord cannot interfere until the expiration of such period. Kanam mortgages are generally renewed at the end of the period fixed, the landlord receiving a fee ; but there is no obligation on either side to renew them unless the landlord and mortgagee should be mutually desirous of doing so. Where the mortgagee discovers that the landlord has acted fraudulently in valuing the produce of the land, he is entitled to have the deed cancelled.—(Proceedings of the Court of Sadr Adalat No. 18, dated 5th August 1856.)

4. The following are notes of some of the voluminous and conflicting decisions of the Courts on the various points connected with kanam and kulikanam, The Courts, starting with an erroneous idea as to what jamnam was have, in their endeavours to ascertain customs, been evidently making law instead of merely declaring it, and deciding by it.

(a) Renewal.—The payment of keikkuli fees (fine) is merely an accident of the contract, and when the kanam amount has been passed, all necessary acts will be presumed to have been done, particularly when undisputed possession has followed upon the demise.—S.S.C., 5 (1856)

‘‘The payment or non-payment” (of the renewal fees)“ is wholly irrelevant to the question of validity of the deed.”—S.S.C, 57 and 155 (1865). A suit for money advanced on account of renewal fees is not barred until three years from the date of the refusal to renew.—S.D.C., 69 and 182 (1876). A renewal is the making of a new, not a continuation of an old, contract.—S.S.C., 197 (1855). A contract to renew, of which the mortgagee might claim specific performance is a sufficient answer to a suit for redemption.—S.D.C, 524 (1876), 644 and 650 (1877) 395, 572, 573 (1879). A tenant may forfeit his right to insist on specific performance of an agreement to renew by denying his mortgagor’s title to a portion of the demised property.—S.D.C., 625 (1877). A contract to renew must, if in writing, be stamped and if the consideration exceeds Rs. 100, and if the proper construction is that the whole amount is to be credited to renewal fees, it ought to be registered under Section 17, Clause 3, Act VIII of 1871. Aliter, if part of the consideration is for arrears of rent.—S.D.O., 126 (1876). The execution of the kanam and kychit deeds and their registration is good evidence of oral agreement to renew.- S D C., 333 (1877)..

(b) Incidents.— A kanakkaran creating a mortgage or quasi -mortgage of the kanam holding of which he is not owner “is to me a contradiction in terms;" the quasi-mortgagee is simply a creditor.—S.S.C., 144 (1855). It is necessary for the security of a sub-mortgagee that he should make known his claims to the proprietor. By not doing so he renders himself liable to have his claim overlooked on a settlement occurring between the proprietor and the superior mortgagee and for this the proprietor can of course not be held liable.—S.S.C., 103 (1844). A mortgagee cannot, by private arrangement with his mortgagor, prejudice the rights of the sub-mortgagee in possession. S.D.C., 346 (1878). Sub-mortgagees have no right as against janmis to hold for twelve years from date of sub-mortgagees.- S.D.C., 180 (1851). No sub-kanam does exist. The kanam, with all its incidents attached to it, can only be cut out of a right superior to itself, and the only way in which a mere kanakkaran can convey such a right is by selling that which accrued to him from the possessor of a janmam or otti right. He can also give his kanam right on simple mortgage.—S.S.C., 234 (1855). The jamnam right can be sold while kanam right is outstanding.—S.S.C., 113 (1858). The contract is not complete till the deed has been properly delivered.—S.D.C., 626 (1876). “No janmi can, in less than twelve years, demand the restoration of his land by a kanakkaran" except in the case of the breach of express or implied covenants by such kanakkaran.

Such a protection the custom of the country provides against the grasping avarice of proprietors, and it is only the strict preservation of this custom which can prevent this species of tenure from becoming a monstrous fraud, in which the weak will always be the prey of the strong."—S.S.C., 398 (1854). So also fn S.S.C 63 (1855), and M.S.C., 154 (1855). A janmi has no power to enhance his demands during the currency (12 years) of a kanam lease.—S.S.C., 57 (1853). Kanam right is “an incorporeal right over the land, which may or may not be accompanied by physical possession.’’—S.S.C,, 441 (1855). If a kanakkaran has two claims, both must be settled before he can be dusted from the land.—N.D.C., 126 (1856); M.S.C., 22nd April 1858. The kanam amount cannot be apportioned piecemeal on the several parcels of land the possession of which constitutes the kanakkar’s security.—S.S.C,, 37 (1854).

The kanam amount secured on several parcels of land cannot be apportioned among them : the kanakkaran may resist redemption and recovery till the whole of his kanam claim has been paid—N.D.C., 380 (1868). So also "my money was advanced on the security of all the parcels, good, bad, and indifferent together, and until I get all back I shall not relinquish any.” — N.D.C., 198, 216, 221 (1876) ; M.H.C., 611 (1877). In a suit by a janmi for damages for waste, the defendant’s liability will depend on whether there has been any injury to plaintiff’s reversion.—S.D.C,, 116 (1876), 560 (1877). A janmi cannot attach and sell his kanakkaran’s interest for arrears of rent if that interest has already been assigned by private sale.—S.D.C., 335 (1877).

A kanam deed is not a lease for more than one year, and is not compulsorily registrable.—S.D.C., 353 (1876). An understanding as to how the increased fruitfulness of trees is to be brought to account in future demises does not make the tenure a permanent one.—N.D.C., 177 (1861). If land is taken back before the expiration of the lease, a portion of the fees paid at the commencement of the lease, proportionate to the time unexpired of the lease, is returned to the tenant, who, however, if guilty of breach of covenant, is not entitled to the return of such proportionate part.—N.D.C., 401 (1873).

(c) Melkanam. - When there are two valid equitable titles, he who has got the legal estate shall prevail is a doctrine peculiarly necessary in a country like this.” A man should not accept a kanam deed when the land is not in the possession of his demiser without sufficient enquiry into the demiser’s title to give him possession, which was held in this case by a previous kanam demisee.—N.D.C., 38 (1860).

If the janmi is unable to give possession, the remedy is by suit against him for return of the money.—2 M.H.C K., 315. "These acceptors of kanam rights while other rights are outstanding are a pest to the country. The remedy for this hardship is the non-acceptance of kanam rights until it is in the power of the janmi to deliver the land.”—NT.D.C., 86 (1860). A first kanakkaran is entitled to the first chance of supplying his janmi’s further needs. If this is not done, and even if, in the course of proceedings in Court, the first kanakkaran denied his janmi’s title, the second kanakkaran has no cause of action, for asking a return of the land.—1 M.H.C.R., 13.

Semble : If the first kanakkaran denied his janmi’s title before the date of the second kanam, it would not be necessary to give him the option of supplying his janmi’s needs. — Ibid.

A melkanam is not wholly invalid, but will operate as an assignment of the equity of redemption although the time for redeeming may not have arrived. — S.D.C., 484 (1879). Whilst a prior kanam mortgage is outstanding and the document is in the hands of third persons claiming a lien thereon, a renewal of such mortgage is invalid.—S.D.C., 159, 743, 768 (1877). A melkanakkaran cannot oust a kanakkaran or his assignee before the expiration of 12 years from the date of the kanam.—M.S.C., 129 (1862).

{d) Purappad.—Rent tendered and refused, if of the proper amount ; exempts the tenant from future claims for that amount.—S.S.C., 157 (1855). In deciding that a kanam tenant allowing the purappad to fall into arrears was not liable to be turned out, the High Court pointed out two ways in which the jarnni can recover his purappad, viz., (1) by suing for it ; or (2) by taking credit for it on paying off the kanam amount after the lapse of 12 years.—1 M.H.C.R., 112. In a suit for redemption of kanam, arrears of rent, the recovery of which is barred by the Statute of Limitations, may be set off against the mortgage money.—S.D.C., 426 (1876), 449 (1877). The principle of this is that the kanam is deposited as security for the rent, and that the mortgagor is entitled to an account of rents and profits-—S.D.C., 285 (1877). When no date is specified for payment of rent in kind the presumption is that the rent is payable in Kanni and Makaram. If the rent for one crop is specified, double the amount may be presumed to be a fair rent for two crops.—S.D.C., 370 (1877). It is usually the rule that 60 per cent, of the rent is payable in Kanni and the rest in Makaram.—S.D.C,, 393 (1878), The words "Kanam free from the payment of rent” will not enlarge that kanam into an otti — M.H.C., 142 (1870).

(e) Improvements.—When a janmi rents a land, he must well know that the tenants cannot live thereon without a house, and, consequently, that they would, in conformity with established usage, build one. If the building is unnecessarily large, or in other respects informal, or not sanctioned, he ought to have put a atop to it ; but the idea of making the renters pull it down and carry off the materials, since he tacitly consented to its being built, is absurd.—N.D.C., 55 (1843).

The Court admitted an appeal to try “whether the tenant was entitled to the value of the house,” or "whether he has the option of either removing the materials or receiving only their value,” and confirmed the Civil Judge’s decree allowing hire of labourers as part of the cost of the house.—M.S.C., 11 (1847). Tenants in North Malabar are entitled to Vettukanam, and the law encourages cultivation so much that even trespassers are entitled to it less one-tenth.—M.S.C., 32 (1872); N.D.C., 312, 315 (1873). Rupees 11½ per 100 perukkams (1210 to the acre) was taken as a fair price for converting paramba into rice-fields.—N.D.C., 283 (1874). The implied contract to pay for improvements is limited to agricultural leases. — S.D.C., 286 (1876).

No compensation is claimable for improvements made prior to the date of the demise, unless specially reserved.—S.D.C., 627 (1877). All reasonable improvements must be paid for.—S.D.C., 156, 161 (1877). It is usual to apportion the compensation for improvements among the sub-tenants.—S.D.C., 170 (1878).

(f) Forfeiture of Lease.—The following have been held as reasons –

I. Sufficient for cancelling the lease before the expiration of the customary 12 years’ period. Failure under improving lease (Kulikkanam, q v.) to make reasonable improvements.—S.D.C., 68 (1859). Alteration of boundaries.-—S.D.C., 75 (1853). Denial of janmi’s title.—2 M.H.C.R., 161. Removal of foundation-stones of a ruined pagoda outside limits of holding, and from possession of which the tenant was specially shut out.—N.D.C., 82 (1844). Neglect to plant trees under improving lease (Kulikkanam, g.v.).—N.D.C., 62 (1875). Acts to invalidate the lessor’s title obviously operate the forfeiture of lease.”-—S.S.C., 191 (1854) , N,D.C., 172 (1861). Destruction of a pond essential to irrigate the lands-—S.S.C., 157 (1855).

Cutting down trees without janmi’s permission.-—N-D.C , 211 (1859). Fraudulent setting up of a different tenure to that given by the janmi.—N.D.C., 218, 219, 220 (1859). Failure to cultivate in a husband-like manner under an improving lease (Kulikkanam, q.v.).—N.D.C., 274 (1859). Fraudulent attempt to embarrass the janmi by a false dispute as to the boundaries of a portion of the holding.—N.D.C., 21 (1861). False claim of right larger than tenant really possessed.- N.D.O., 176 (1861).

Denial of ]anmi’s title by the assignee of a kanam right.—1 M.H.C.R., 14, 445. Neglect to cultivate.—N.D C., 350 (1870). Cutting down fruitful trees without janmi’s consent.—N.D.C., 386 (1872). Denial of janmi’s title after institution by the janmi of a suit to oust.—2 M.H C.R., 109. Express agreement to surrender on demand.—S D C., 566, 612, 621 (1876), 204 (1878) ; M.H.C., 278 (1879).

II. Insufficient for cancelling the lease before the expiration of the customary 12 years’ period. Burial of a corpse.—N.D.C., 350 (1873). “Non-payment of purappad being a breach going only to a part of the consideration, should not in all principle be held to repeal the contract.”—N.D.C., 172 (1861). So also in. M.H.C.R., 112, and M.S.C., 84 and 111 (1862).

KANAKKARAN.

From Kanam (q.v.) and Sanskrit Karan ( = doer, or one who has to do with).

Mortgagee ; the person who has lent the kanam.

KANAM-PURAM-KADAM.

From kanam (q.v.) and Dravidian puram ( = the back, outside, beyond) and Dravidian Kadam ( = debt, obligation).

This is an expedient for raising money on land already made over on kanam. It is quite a separate transaction, sometimes taking place at the time of the mortgage, in which case it is referred to in the kanam deed ; at other times effected long after the mortgagee has come into possession. In the latter case the fact of the mortgage is alluded to in this deed, and the landlord engages to pay off both the mortgage and the loan together.

The loan thus made gives the mortgagee an additional lien upon the property as security for the repayment of the loan. Where the new loan is added to the sum first advanced, and a fresh mortgage-bond is executed, the transaction is treated altogether according to the rules applying to kanam mortgages.—(Proceedings of the Court of Sadr Adalat, No. 18, dated 5th August 1856.)

KANDAM.

(Sanskrit) == piece of anything, land.

A division in rice-fields.

Note.—Perhaps this word meant originally a share of the Tara rice-fields held in common.

NILAM.

(Dravidian) = ground, soil, rice-field.

Which means particularly rice-land, means also a field (answering to a stullum in the Carnatic) having a distinct name, and having many kandams or divisions of banks for the convenience of irrigation.

PADAM.

(Sanskrit) =- range, especially of rice-fields.

UBHAYAM.

(Sanskrit) = in South Malabar, rice-fields.

ULPATTI.

(Sanskrit) = birth, origin, rice-fields.

Terms used in Malabar for rice-lands ; some of these terms are peculiar to some districts.

VAYAL.

(Dravidian) = rice-fields.

A large tract or sheet of paddy land.

KANDI.

(Dravidian) == gap in a hedge or fence, a piece of high ground.

A division used in garden lands only to express one paramba or garden. It is used when speaking of the number of gardens in an estate.

KAPPAM.

(Dravidian) = tribute, taxes.

Equivalent to peishcush or tribute. The rajas of the Northern Districts of Malabar agreed to give to the Bednore Government in 913 M.S. a kappam of 80,000 rupees.

KARALAN.

(Dravidian) = workers, agents, temple servants. Their office Karayma (ancient, Karanmei).

Is the agent or deputy for the uralan, or founder, in the management of the lands of Hindu temples.

Notes.—1. Karayma right is not proved to be a right of perpetual tenure of land ; it is equally consistent that it was a title to the perpetual performance of certain services for which certain payments were demandable. - N.D.C., 142-171 (1859). Karayma right is unsaleable - M.H.C., 120 (1867)—and indefeasible. - M.H.C., 623 (1874). Karalar have no right to succeed Uralar on these becoming extinct. The right of appointing others “always did, and does still be with the executive.”—N.D.C, 1 (I860).

2. Lands made over by the trustees or managers of pagodas to those employed in performing certain offices therein are conferred on this tenure. So long as they fulfil their duties, the tenants are not liable to be ousted ; to maintain an action of ejectment, therefore, it must be shown either that they have neglected their duties, which has rendered it necessary to employ other persons to perform them, or that they have endeavoured to set up a proprietary claim in subversion of that of the pagoda,—(Proceedings of the Court of Sadr Adalat, No. 18, dated 5th August 1856.)

3. For other and more ancient uses of this word, see pp. 110—13 and Chapter IV, Section (a) of the Text.

KARANAM or PRAMANAM.

Karanam (Sanskrit) = acting, organ, instrument, deed ; Pramanam (Sanskrit) = measure, authority, proof, bond.

Generally means bonds and agreements of all kinds.

Note.—The six kinds of Karanama culminating in Janmam were, 1, Kulikkanam ; 2, Kanam , 3, Otti ; 4, Ottikkumpuram ; 5, Janmappanayam ; 6, Janmam.

KARAVEPPU.

From Dravidian Kara ( = snore, river-side, bank) and Dravidian Veppu ( = deposit, planting).

Plantations on elevated spots of ground, in contradistinction to Attuveppu, situated on low ground.

Note.—High-lying coconut gardens are divided in the revenue accounts into three classes of Karaveppu. See Ur. Kuraveppu gardens are not unfrequently situated on the high banks of rivers and backwaters. See Attuveppu.

KATTAKKANAM also MUPPAPPANAM.

Kattakkanam, from Dravidian Katta ( == lump, mass, clod) and Kanam (q.v.) ; also called Kashtakkanam, from Sanskrit Kashtam ( = hard, bad) and Kanam (q.v.).

Muppappanam, from Dravidian Muppan ( == old man, chief) and Dravidian panam ( = money).

Is the acknowledgment or Nuzur paid by a cultivator to a proprietor for land he is allowed to cultivate. It is not an advance which is recoverable. It is not deducted from subsequent payments to be made, nor is any interest granted upon it ; the cultivator pays the full established pattam besides. Its proportion to the pattam does not seem uniform. It means, literally, clod-money.

Note. - Kattakkanam is the tenure of a simple lessee who deposits m his Janmi’s hands a sum of money as security (a) for due fulfilment of his lease contract, and (b) for payment of rent. It does not carry with it a right to hold for 12 years; the security is returned without interest at the end of the lease.—N.D.C., 18 (1874)., 466 (1877).

KATTAVADI or KATTAKOL.

From Dravidian Katta ( = lump, clod) and Dravidian vadi ( = stick, staff) or Dravidian Kol ( = staff, rod).

Literally, clod-breaker. The stick in Malabar, with a knob at the end of it, with which men and women break the clods in a field after it has been dug by the mamutty or spade.

KATTUVARUM.

From Dravidian Kadu. ( = jungle) and Dravidian varam ( == share of produce).

A tax of two fanams upon every individual possessing land in a few Hobalis of the Temmalapuram District, where there is no regular Modan cultivation. It was intended as an equivalent for any cultivation which might he carried on in the Kad or jungle.

KAVALPHALAM.

From Dravidian Kaval ( == custody, protection) and Sanskrit phalam (? Dravidian palam) ( = fruit, produce).

Protection fund or compensation for protection.

KEIKKULI or SHILAKKASU

From Dravidian Kei ( = hand) and Dravidian Kuli ( == wages) and from Dravidian Shila ( = purse) or perhaps Sanskrit Shilam ( = conduct, habit, character) and Dravidian kasu ( == gold, copper coin).

A fee or fine or Nuzur of so many fanams on a Potippadu which the lessee or Verumpattakaran gives to the Janmi or proprietor upon the renewal of his lease. In Kavai Taluk, two Velli fanams, the Potippadu, is the rate fixed, which, calculating at the rate of 41½ rupees per 1,000 Idangalis, is supposed to add one-fourth to the Janmi's share in the year in which it is imposed.

It is the extent of Shilakkasu which any land can afford that seems to give it a value in sale and purchase above its nominal value, or that at which the pattam is entered in account. Where this proportion is given, the lease is only for one year ; where it is for four, it is equal to one year’s pattam, that is, the full pattam is taken once in four years, being an equivalent for Polichcheluttu, though Keikkuli in the Southern Division answers to Shilakkasu in the Northern Division, where the transaction is a simple lease or Verumpattam. It is also applied in the Southern Division to land having already a mortgage upon it. It is taken in lieu of Sakshi, being in general the amount of one year’s pattam.

Note.—-See Kunarn and Pattola.

KEIPPANAM.

From Dravidian Kei ( = hand) and Dravidian panam ( = money).

Note.— Keippanam property is property given on marriage (among Mappillas), which is returnable on termination of the marital state by death or divorce ; to the widow if she survives, or to her children if she has died, or to the Taravad in absence of wife and children. The widow and children have a Iife interest independent of the Karanavan.—N.D.C., 60 (1874).

KEIVIDA OTTI.

From Dravidian Kei ( = hand) and Dravidian vida or vidatta ( = without leaving) and Otti (q.v.).

Is not a separate deed, but if the two first words are tacked to the Otti deed, it becomes a condition that the mortgagee can never be dispossessed, that the land can never go out of his hands, that the mortgage is irredeemable. Kei is "hand” and vida is "without letting go.”

The following note is by an experienced Native Revenue Officer of the district :-

Notes.—1. The question is not settled as yet, I believe it has been decided both ways. The whole thing turns on the meaning of the expression. Above it is written കൈവിടാ ഒറ്റി and interpreted accordingly. But some hold that the term is കൈവിടുക ഒറ്റി, that the meaning is that in Otti of this description the landlord “relinquishes” in favour of the Otti holder his right, recognised in ordinary Otti cases, of taking from the garden mortgaged (if the property is a garden) a few coconuts and a jackfruit annually without asking for the permission of the tenant.

2. The balance of authority is in favour of a Keivida Otti being irredeemable. The mortgagee cannot, however, assign. S.D.C.,— 578-629 (1878).

3. The landlord in this case relinquishes the power of transferring the property to a third party, and binds himself to borrow any further sum he may require only from the mortgagee. Should the latter decline to advance the amount, the landlord may pay off the mortgage and re-assign the property to another party. — (Proceedings of Madras Sadr Adalat, No. 18, dated 5th August 1856).

KERAM.

Canarese mode of pronouncing Cheram.

The Sanskrit name for the coconut fruit. A law is in existence in Malabar, contained in a book called Kera Kalpam, composed in the Sanskrit language but written in the Malayalam character, regulating the mode of planting coconut, betel-nut and jack trees, and the pepper-vine, and of settling the Kulikkanam.

Note. — Dr. Gundert’s view is that Keram is the Canarese mode of pronouncing Cheram, i.e., Chera or Malabar, and hence applied to its chief fruit, the coconut palm.

KILAYIKURUJANMAM or KILAYIJANMAM.

From Dravidian Kilu = place below, under ;

From Dravidian Ayi = became ;

From Rravidian Kuru = part, share, class ; and

Sanskrit Janmam (q.v.).

A deed in use.

Note.— Means the right to the lower kinds of paramba produce when the higher (i.e. Nalubhayam or coconut, areca and jack trees, and pepper-vines) belong to another.

KODUNGA KATTI.

From Dravidian Kodunga ( = bent) and Dravidian Katti ( == knife).

The knife worn for defence by the Nayars of Malabar, fastened to a hook attached to a leathern girdle at the back of the body.

Note.—Also called Ayudha Katti, Vettu Katti, Katti, Val, Nayar knife, Mappilla knife, etc.

KOLICHCHAL.

(Dravidian) == falling.

Literally, fall. Is an allowance made by inspectors of pepper-vines for the quantity of pepper which is likely to fall off between the period of inspection and the season for plucking.

KOL.

(Dravidian) = staff, rod, measuring rod.

A pace (a native’s), ten of which regulate the distance that ought to be observed in the original planting of coconuts ; another is afterwards planted between the two original ones, when they have grown large, in order to supply their place when they decay.

KOL PEIMASI.

From Kol (q.v.) and Persian Paimaish ( == measure, survey).

The survey which took place in 983 under Mr. Warden of the ricelands by actual measurement in cawnies and goolies is so called ; all other paimaishes in Malabar have been merely inspections without measurement.

Note. —The result of this Pymaish was embodied in what are known in the district as the Hinduvi, i.e., Mahratta accounts. It is the only reliable account in the records, but even m regard to it the details, owing to the changes in names of fields and in holdings, are not always available for references. It refers to wet lands alone.

KOLULABHAM.

From Dravidian Kolu (= ploughshare) and Sanskrit labham (== getting gain, profit).

Kolu, ploughing, and labham, profit ; or the profit of agriculture. It is the cultivator’s share.

Is the cultivator’s clear profit after deducting expenses under the name of Vittu Valli, or charges of cultivation. Out of the Kolulabham is reckoned, indeed, to pay the inconsiderable expense of Eru Irimbu, or cattle and iron. It is generally supposed that the Kolulabham is a third of the gross produce (deducting, always, 10 per cent for reaping), and that the Vittu Valli is another third. It may be so reckoned when the produce is above seven-fold, but within that the Vittu Valli comes to more than a third and encroaches upon the Kolulabham.

Notes.—1. “Besides the rent there is a cultivator’s share, which is very valuable and which affords a comfortable subsistence to a family.”—Graeme’s Report, paragraph 1428.

2. “Taking the pattern to be four-tenths of the gross produce, the gross produce would be paras 19,204,887 ; to this again may be fairly added 20 per cent. (“the usual deduction,” paragraph 1565) for the expense of reaping, for the fees of carpenters, smiths, and other petty proprietors denominated Cheru Janmakkar, and for portions of crops given up to slaves for watching, which are never brought into any calculation of produce and the gross produce would then be paras 23,045,865.” Græme’s Report, paragraph 1563.

3. See Ennam, Patam, Cherlabam, Kudiyankur, Pandakkaval, Valli-vittu.

KOLUPPANAYAM.

From Kolu (Dravidian) == ploughshare, and panayam (q.v.).

Notes.—1. Under this tenure, the mortgagee has only the right to cultivate the land. If no period be specified, the landlord is at liberty to pay off the mortgage whenever he pleases. This tenure prevails in the neighbourhood of Palghat as well as in North Malabar—(Madras Sadr Adalat Proceedings, No, 18, dated 5th August 1866).

2. In absence of a period fixed in the lease, it was held that a Kolukkanam lease was for 5 years, which had been the time fixed in the previous lease. N.D.C., 248 (1877).

KOYILMENI or ENNIPADU.

From Dravidian Koyil (= hire of fruit-gatherer) and Dravidian Meni (= average). And from Dravidian Ennuka (= to count) and Dravidian padu (= authority).

Different modes in use of valuing or estimating the produce of coconut gardens. Koyilmeni means strictly the number of pluckings, or more generally the number of crops. After deducting the Sisu or young plants, and the Aphalam or those past bearing, it is estimated what the productive trees will yield with reference as well to their appearance as to the kind of soil—Attu Veppu, Kara Veppu, Pasima, etc. (in which they are classed by nature rather than by any public account or any written deed). It is estimated that the tree produces so many crops in the year and so many fruit for each crop. Eight crops (Ettu Koyil) of 7 fruit each (Elu Meni) are the highest at which a tree is rated in account, making altogether 56 fruits ; but it is reported that there is one garden at Calicut whose trees have in general produced 64 fruits each.

The Ennipadu is the reckoning of the actual number of fruit growing in a particular year. There is supposed to be great enmity between the Janmi and the Kudiyan when this extreme measure is resorted to, and it is not common. When the estimation is fixed to take place, the Janmi gives notice to the tenant that he must not touch the fruit for a year, but allow it to remain on the trees. At the end of the year the Janmi counts the number there actually are, and fixes his pattam or share accordingly. In the present times, the fear of the dishonesty of the tenant, who might make away with many of the fruit before the day of examination arrived is sufficient to deter Janmi from this unpopular mode.

KRISHI.

(Sanskrit) = ploughing, agriculture.

Seems the land under the direct management of proprietors or their stewards, also called Svakaryam Krishi.

KRISHIKKARAN.

From Krishi (q.v.) and Sanskrit Karan (= doer, one who has to do with).

Steward of Janmi, employed to pay the slaves of the estate and other domestic expenses.

KUDI.

(Dravidian) = house, hut.

A pair ; applied to a slave and his wife in speaking of their price.

KUDICHILLARA.

From Kudi (q.v.) and Dravidian chillara (= sundries).

Tax on houses, shops, warehouses, and implements of the profession of blacksmiths, potters, oilmen, weavers, etc. Persons of these professions pay the house-tax as well as the tax on their implements. The Kudichillara amounts in Malabar to a revenue of Rs. 1,10,441—12—916½/25 and consists of the following items, viz., taxes on large houses, on small houses and huts, on upper-roomed retailer shops, on retailers’ shops, on petty retailers’ shops, on warehouses in the bazaar, warehouses, in other places, on oilmen’s mills, on carpenters’ tools, on blacksmiths’ anvils, on silversmiths’ tools, on grinders’ stones, on sawyers’ saws, on weavers’ looms, on smiths’ hammers, on smiths’ shops, on potters’ furnace, on brass-smiths’ shops, on barber shops, on washermen’s stones, on mud-wall bricklayers, on mat-makers’ tools, on Pattom or Cherumars, on fishermen’s nets, on fishermen’s boots, on pack-bullocks, on brinjals, etc., on betel-leaf vendors, on grazing lands in Kanattil, on salt godowns belonging to salt-pan proprietors, on coconut safe, on chunam-makers’ furnace, on Kangany, interest on Sircar land given on Kanam, Annakat or fees on tailor acting as barber, on teahtorum ; total 37 items composing the Kudichillara.

Supposing the tax upon the houses of the lower classes to be generally 2 fanams (new Viray) a house, it would take off the tax upon 25,000 houses to reduce the house tax revenue in the sum of 5,000 pagodas or 60,000 fanams.

Note.—The Mohturfa taxes were abolished in 1861.

KUDIPPAKA or KUDUPPU.

From Kudi (q.v.) and Dravidian paka (= separation, enmity).

Family or house feud or enmity. It is the common term to express the deadly hatred subsisting between two families, if a member of a family has been killed, his relations have been known to steep a cloth in his blood and vow never to lose sight of it till they have avenged his murder by the death of the murderer and the destruction of his habitation.

Note.— It was the custom to burn the body of the slain in the house of the slayer which was of course also burnt. It was usual, however, to burn only an outhouse!

KUDIYAN.

(Dravidian) = inhabitant, subject.

Who pays revenue direct to Government, not less than one hundred and fifty thousand.—(Mr. Warden’s letter to Board of Revenue 16th June 1813, paragraph 77.)

Note.- The number of separate pattas issued or in force in Fasli 1290 (A D 1880-81) was 178,790.

KUDIYAN KUR.

From Kudiyan (q.v.) and (Dravidian) Kur ( = share, portion).

Cultivator’s share.

Note.—See Kotulabham, etc.

KUDIYIRIPPU.

From kudi (q.v.) and (Dravidian) irippu ( = sitting, residence).

It is consideration of 2 fanams which before the land-tax a tenant used to pay to a proprietor for land taken for building alone.

Notes.—1. A Kttiyirippu tenure carries with it power to build shops if locality is suitable for the purpose. N.D.C., 21 (1879). One who has obtained permission to build a house in a paramba, but not to enclose any portion of it, is liable to pay rent for use and occupation if he excludes the owner or his assignee from access to the trees.—S.D.C., 367, 382 (1877).

2. The payment was made as a token of fealty to the Janmi. The land taken was used for a garden as well as for building purposes.

KUDIYIRUMAPPADU.

From kudi (q.v.) and (Dravidian) irikkuka ( == to sit, remain, be in a place), and (Dravidian) padu ( = falling, falling into one's power, etc.)

Is a muri or document by which a Janmi who is entitled to receive purappad from a mortgagee assigns over the payment of it to a third person from whom he has borrowed money.

Note. This is an agreement between a landlord, and his creditor, according to which the latter agrees to receive the rent produce of land leased to a tenant in lieu of interest in money upon the sum borrowed by the landlord. Should any dispute arise between the landlord and his tenant, and should the latter in consequence refuse to deliver rent produce according to the landlord’s deed of assignment, the creditor, can sustain an action only against the landlord.—(Sadr Adalat Proceedings No. 18, dated 5th August 1856).

KUDUMANIR or KUDIMANIR.

From Darvidian Kuduma = narrow point, crest, (top) or Dravidian Kudma ( = tenantry) and Dravidian nir ( = water).

The terms of the body of this deed1 are the same as those in the deed of Attipper. The difference in the title alone shows a difference in the attributes. The proprietor acknowledges by this deed to have received the full value of the property, and the execution and delivery of the deed are attested by the same formalities as those of the Attipper deed. The word Kudima2, which means the condition or station of tenant, shows that the proprietor has still some proprietary right and that the mortgagee continues in the relation of Kudiyan or tenant. As a tribute of acknowledgment of proprietorship the mortgagee is bound to pay a sum of money, not exceeding two fanams or a half or a whole Tipree of ghee, which, and the periods of payment, are specified in the deed. Under this deed the proprietor has no power of redemption.

NOTEs: 1. Adima is more properly Service Inam. It used to be granted in favour of village artisans, washermen, and others who in return for the bulk of the rent of the land were bound to perform certain services. Sometimes it was likewise granted to Cherumars and other low caste people to enable them to bury or burn their dead in spots where the latter were not liable to be disturbed.

2. Kudima used to be given by big Janmis to their dependents and others as building sites. END OF NOTES

Notes—1. See Adima

2. The foot-notes to Mr. Græme’s text are by an experienced Native Revenue Officer of the district.

3. In this case the land is made over in perpetuity to the grantee, either unconditionally as a mark of favour or on condition of certain services being performed. The terms Adima and Kudima mean a slave or one subject to the landlord, the grant being generally made to such persons. A normal fee of about two fanams a year is payable to the landlord to show that he still retains the proprietary title. Land bestowed as a mark of favour can never be resumed, but where it is granted as remuneration for certain services to be performed, the non-performance of such services involving the necessity of having them discharged by others will give the landlord power to recover the land. The non-payment of the annual fee will form no ground for ousting the grantee, but it will be recoverable by action. The hereditary property of native princes cannot be conferred on this tenure, the ruling prince having only the right of enjoyment during life, without power to alienate.—( Proceedings of the Court of Sadr Adalat, No. 18, dated 5th August 1856).

4. Kudima Janmam is the highest but one of the Malabar tenures; the land is never recoverable.— 285 (1862).

KULICHCHAKKARAN.

From Dravidian kulichcham (from kuli = hire, wages) = pay of Nayar militia, and Sanskrit karan ( = doer, one who has to do with).

An armed servant or vassal of a Naduvali or Raja ; he is sometimes paid with land for his maintenance.

Note.—See Adima, Kudima, Changngatam.

KULICHCHEKAM.

Or Kulichcham (see Kulichchakkaran), from Dravidian Kuli ( — hire, wages), means besides pay the honourable service of Nayars, especially in war. Military tournaments formerly in use among the Nayars.

KULICHCHEKAM or Yapana or Anubhogam.

Kulichchekam (q.v.) Yapana (Sanskrit) = livelihood, maintenance, provisisions for soldiers. Anubhogam (q.v.).

KULIKKANAM.

From Dravidian kuli [ == hollow, hole, excavation, pit (for planting fruit trees] and kanam (q.v.).

Before the introduction of the land-tax the pattam used to be settled once in twelve years, and Kulikkanam allowed for young trees, and a deduction made for those that had gone to decay. This practice was observed even though the garden did not admit of any increase beyond the number originally planted.

The tenant’s business was to take care of the trees that were standing , but he was under no obligation to replace old ones with young ones without being paid the Kulikkanam money. Since the tax, wherever the proprietor receives regularly from the tenant the pattam and takes upon himself the payment of the public assessment, the settlement of the Kulikkanam and the pattam is conducted as before ; but where the assessment is entered in the name of the tenant, and he only pays to the proprietor the Nikuti Sishtam, or what remains after discharging the assessment, the system of Kulikkanam and pattam is generally relinquished.

The tenant is responsible for the revenue ; he gets nothing from the proprietor for improvements, and he enjoys the undivided profits of them.

The Kadattanad Raja is said to have made over all his garden lands to his tenants in this way, and no settlement of Kulikkanam and pattam has been made between them for many years. The chief condition of it is that the mortgagee is to be paid a certain sum for the trees he may grow in a garden, or the interest upon that sum, to be deducted annually from the pattam or rent in the case the principal is not paid. If the tenant who planted the trees is continued in the lease, the Kulikkanam money is only given for such trees as bear; but, if he is to be dispossessed for another, the proprietor must pay it for the young trees also. This kind of tenure does not, I think, imply poverty in the Janmi. It is a good arrangement for ensuring the improvement of property by giving the tenant an interest in it. The general price of a coconut tree is from 1 old to 4 fanams from 4 to 8; betel-nut trees 1 fanam, pepper-vine 4 rupees for vines capable of yielding 1 maund, and jack trees from 2 to 16 fanams each.

It is according to the Sastra and to ancient custom to plant coconut trees at the distance of forty feet from each other. It was then the practice to continue the tenant in possession who had planted the trees, but the Mappillas being now in the habit of turning out the original tenant as soon as the trees come to maturity and paying off the Kulikkanam money, the tenants now plant closer than they used to do in order to increase the number of trees upon which they are entitled to the Kulikkanam.

It is not customary to settle the Kulikkanam and the pattam for four or five years after the trees begin to bear. The tenant in this period enjoys the produce free of any payment to the proprietor, which, and the produce of Chama and the oil-plant for the first two years, make up the expense he has to sustain, as the compensation to him does not come to him till the latter period of his undertaking. A tenant who takes upon himself the planting of trees must possess a certain capital from which he can afford to advance the expense, or, at all events, he must be able to afford to labour unpaid for this period.

The Kulikkanam rates vary from one to four old gold fanams, or one-quarter to one rupee, but half a rupee is the most prevalent.

PANAYA-PATTA KULIKKANAM.

See Panayam, Pattam and Kulikkanam.

This is a deed1 of mortgage executed by the mortgagor in favour of the mortgagee for plantations, and differs in no respect from that given for rice-lands, except that it promises to give the Kulikkanam, or the fixed value of the trees, and the Aliva, or the expense of preparing the garden, in conformity with the Desa Mariyada or custom of the village. In deeds2 in use in the Northern Division of Malabar the rates of Kulikkanam for the different kinds of trees are specified. In the Panayapatta deeds, as well for rice as garden lands, the proprietor of the land has a right of Polichcheluttu, that is, to renew the deeds every twelve years ; or, when the Janmi dies, his successor3 may demand the Polichcheluttu (or tearing up of old bonds and the making of new), by which he is entitled to a deduction Sakshi and Oppu and Suchi from the mortgage debt, or to receive the amount of it in hand from the mortgagee.

It is understood that the proprietor has not the right of renewal within five or six years after the last renewal. There are two modes of settling the pattam on plantations, the Kulikkanampattam and the Koyil4 Meni pattam : the first is where the pattam is fixed at one-fifth or 20 per cent of the Kulikkanam or established value of the trees, and the latter is where the produce is estimated and two-thirds of it determined to be the pattam.

NOTEs: 1. I have already said that Kanam sometimes means simply money. I believe Kulikkanam means digging money or hole-money, i.e. compensation for digging and planting the land. അഴിവ expense

2. Sometimes the descriptions of trees in respect of which alone improvement value is claimable are likewise specified.

3. Obsolete.

4. Koyil = harvesting ; meni = fold. Koyil meni gross produce ? The Kulikkanapattam is almost nominal, being fixed at a time when there are perhaps no bearing trees in the paramba. The practice is to lease out on a nominal rent in the first instance, and to continue to collect the same till the trees planted by the tenant have come into bearing. When this is done the custom is value improvements, make the value a charge (kanam) on the paramba, fix a Koil Mani Pattam, deduct therefrom the interest on the Kanam amount, and divide the residue between the Janmi and Government.

Under the Kulikkanam tenure the tenant or mortgagee is not answerable for any loss of trees or diminution of produce occasioned by mere neglect in not fencing the premises or not manuring the trees. No remission, however, is made in the pattarn by the Janmi for loss occasioned by this cause. The loss the tenant himself thus sustains is a sufficient punishment to him. If, however, he does a positive injury by cutting down trees without the consent of the Janmi, he is answerable1 to him for their value ; they are the property of the Janmi. The Kanam money may be forfeited in toto, or in part in proportion to the injury done. He is not however, responsible for the acts of the sovereign or the visitations of Providence, known by the name of Rajikam and Devikam. A tenant is entitled to the value of the Kulikkanam for every succession of trees which he plants, and if he throws up the garden, insisting upon this right the proprietor must pay, but much depends upon the relative situations of the proprietor and the tenant.

NOTEs: 1. Doubtful. Vide note below. END OF NOTEs

If the latter has a good thing of the tenure, or from having no other residence it would be inconvenient for him to remove, he will submit to a modification of the right not quite so favourable to him. For instance, a tenant possesses a garden producing a pattam of 100 fanams ; he plants more trees yielding a further pattam of 40 fanams. T

he pattam being a fifth of the Kulikkanam value, he is entitled to 200 fanams for the addition without any deduction for trees decayed of the original number. The loss from this cause being, however, 20 fanams of pattam, the proprietor deducts it and gives him credit for only 20 fanams in addition, that is, he gives him only 100 instead of 200 fanams to which he was entitled as Kulikkanam, but a remission is made for the pattam of trees decayed, and the future pattam is fixed at 120 fanams.

He has the right to revise the pattam upon the tenant’s demand of Kulikkanam for new trees, but if he anticipates an unfavourable result, he will decline any inspection of the trees upon which the pattam has been settled ; he must, at all events, pay the Kulikkanam money. If a tenant is obliged to quit a garden on the motion of the proprietor, the proprietor must pay the full Kulikkanam of all trees, however young, and the tenant on notice of such a measure frequently introduces young trees for the purpose of getting the Kulikkanam money.

The Janmi has no right to revise a pattam after it has once been fixed except upon a demand of Kulikkanam for new trees, but all this depends a good deal upon the relative circumstances of the parties. Upon every Polichcheluttu or renewal of bonds the tenant has a right to demand a revision of the pattam, and if he has suffered from Devikam (the visitation of Providence, which comprehends losses by fire, lightning, storms, floods, etc.) or from Rajikam (the acts of a sovereign), he may claim remission or decline payment of the puttam. These losses2 must be supposed to exceed 20 per cent to come within the extent of these exceptions. Jack and mango trees are exclusively the property of the proprietor, and cannot3 be cut without his permission. The tenant is entitled to cut down all unproductive coconut and betel-nut trees.

NOTEs: 2. Not legally or customarily recognised at present as far as I am aware.

3. Nor, in my opinion, can the landlord do so without the tenant's consent. END OF NOTEs

Notes.—1. See Kanam.

2. The foot-notes to Mr. Græmo’s text are by an experienced Native Revenue Officer, Mr. P. Karunakara Menon.

3. The landlord contended that “whenever a Kulikkanam deed provides for no period, the ryot must give up the land when demanded," and that “if this be not allowed, the ryot (who is merely to receive his Kulikkanam improvements) and proprietor are placed on the same footing.” The tenants contended “that it is not customary to resume parambas when no injury or arrear of rent is sustained.” It was held that summary ejectment in the manner asked could not be granted. — Malabar Auxiliary Court, 43 (1843).

4. “The law only gives 12 years' possession to a Kulikkanam tenant.” N.D.C., 33 (1876).

5. In a Kulikkanam lease there was a clause to this effect : “If you plant these said four fruits and the coconuts bear fruit as is the usage, I will give a taragu, fixing rent after estimate of the produce.” Held that the Janmi was entitled to take a full rent after the Kulikkanam lease was up, that is, after 12 years quite and sure enjoyment by the tenant, and that the tenant was obliged to give up the land at the end of the 12 years on receiving the value of his improvements.—N.D.C., 98 (1876).

6. A Kulikkanam lease is not forfeited by failure to pay rent ; even though there is an express stipulation in the deed of lease, the tenant has a right to hold for 12 years.— N.D.C., 75 (1875).

7. Where no express period has been stipulated this lease is considered to run for 12 years, otherwise for such period as may have been agreed upon. At the expiration of either of these periods the landlord may either renew the lease to the same tenant, paying him the value of his improvements, which may also be invested as a mortgage, or he may satisfy all the tenant’s claim upon the land for improvements, and may let the property to a new tenant.

Compensation is allowed for buildings and fruit-producing trees and shrubs of every description. In the event of the tenant failing to reclaim the land, plant trees, and otherwise fulfil the conditions of the deed, he may be dispossessed by the landlord before the expiration of the period specified. The landlord may exercise .a similar power in the event of the tenant setting up a fraudulent title to the land.—(Proceedings of the Court of Sadr Adalat, No. 18, dated 5th August 1856).

8. Under this tenure the tenant binds himself to pay a stipulated rent, as well as to bring new land under culture. Failure in either of these respects, or any attempt to defraud the landlord of his title, will render the tenant liable to ejectment. If no period is named in the agreement the lease will be considered to extend to 12 years.—(Proceedings of the Court of Sadr Adalat, No. 18, dated 5th August 1856).

9. A tenant cannot be disturbed under this tenure for 12 years, or during the period, if any, stipulated, unless he attempts to set up a claim subversive of the landlord’s rights. Possessing a pecuniary interest in the property, he cannot be dispossessed for neglect to improve it.—(Proceedings of the Court of Sadr Adalat, No. 18, dated 5th August 1856).

10. The customary payment for improvements was meant as payment for the Janmi's share of produce not as payment for the cultivator’s interest in the land. See Chapter IV, Section (a) of the Text.

Commentary MMVol 1 MMVol 2

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Malabar Manual Vol 2

William Logan

Mr. GRÆME’S GLOSSARY WITH NOTES AND ETYMOLOGICAL HEADINGS

LIST OF ABBREVIATIONS NOTED IN THE GLOSSARY.