Malabar Manual

The Anotta or Bixa orellana. There is a great abundance of it growing wild at Quilandy, about 15 miles north of Calicut, without any kind of cultivation. The natural colour of the juice of the seed, which is used as a dye, is yellow, for which purpose it is exported to Bombay. It is so easily procurable that no stock is laid in for exportation, but the coasting merchants pick it up as they find it growing in the lanes about Quilandy. The seeds are carried off without any preparation. They are used in Malabar as beads in necklaces by the Mappilla women and are called Mulla. The tree grows in hedges with little or no care within the precincts of the town of Tellicherry.

KURVALCHA.

From Dravidian. Kur (=== share) and Dravidian valuka (= to live, live well, reign).

Is the step or throne which the Rajas of Malabar ascend. It answers to Puttum in Tamil and to Musnud Tnkht in Persian. Kur is share and Valcha is the management or government, implying that a Raja has come to the possession of the share of rank to which he is entitled by his seniority.

Note .—The term was always used in speaking of the share of Government entrusted to a subordinate prince of the ruling family.

KUTTADAN or Mundakam.

A species of paddy sown within the bed of tanks in the Palghat District. It is sown in the middle of Chittree (April), when there has been a little rain, and it grows afterwards during the monsoon in water, and is not cut till the middle of Tye (January), making a period of nine months for its growth.

The name of a rice which has only one crop in the year, and that crop is only cut in Makaram (January and February).

The names of paddy crop sown in Kumbham (February and March) and is eleven months before it comes to maturity . After the ploughing there is no expense of cultivation. The smallness of the expense of cultivation is mentioned as a proof that the Valli cannot be regulated by the number of meni produce.

Note—The two names are not generally applied to the same kind of paddy ; the former kind grows in salt marshes—planted April, reaped January. The latter is a rice of slow growth, reaped about January

KUTTAM.

(Dravidian) = junction, assembly.

A collection of houses, consisting of, 500 or 600 persons, six necessary for a Kartavu of 3,000.

Notes.—1. See pp. 132, 133 of the text. The Kuttam was evidently the “ Six hundred” of Deeds Nos. 3 and 4, Appendix XII.

2. The Kuttam answered many proposes, e.g., Nilalkuttam, assembly under shade of a tree to discuss Tara affairs, etc., Padakuttam, for war ; Nayattukuttam, for hunting ; Yogakkuttam, for meditation ; Nadu-kuttam, for arbitration.

3. In the Laccadive Islands there are periodical kuttams for killing the rats which infest the coconut trees. Any one absenting himself is fined.

4. The Honourable Mr. Hudleston has suggested that the Koot organisation which gave so much trouble in Canara in 1832-33 was probably identical with the Kuttam of Malabar.

KUTTIKKANAKKOLA.

From Dravidian Kutti (= stake, peg to mark limits) and Dravidian kanakku (==: accounts), and Dravidian Ola (= palm-leaf, writing).

A kind of memorandum or register written upon the Karimbana palm or palmyra leaf, in which is recorded the Janmakaran's Pramanams or deeds with his tenants and the amount of the pattam share.

KUTTIKKANAM.

From Dravidian Kutti (= stake, peg, stump) and Kanam (q.v).

Is the privilege of half a rupee or one rupee (according to local custom) to which every proprietor of a forest is entitled for every tree cut within the limit of his property. It means literally, stump money.

Note.— This is an arrangement by which the landlord assigns on mortgage a tract of forest land, receiving a stipulated fee for every tree felled by the mortgagee ; the entire number of trees to are cut down, and the period within which they are to be felled, being expressly fixed in the Karar entered into between the parties. The mortgagee usually makes an advance and agrees to pay the balance by instalments. The non-payment of the stipulated instalments does not render the mortgagee liable to dispossession unless there be special clause in the agreement to this effect. The instalments may be recovered by action, but the mortgagee remains in possession during the period stipulated.—(Proceedings of the Court of Sadr Adalat, No. 18, dated 5th August 1856).

KUTTINELLU or Velinellu.

From Dravidian Kutti (— peg, stump, stake, in a fence) and Dravidian veli (= hedge, fence) and Dravidian nel (== rice).

Hedge grain ; a contribution formerly made by Janmakars for keeping up fences against cattle, half of which contribution was taken and consolidated with the land revenue in 975 M.S. in the taluk of Kavai. It amounted to 16 Idangalis for every 100 of seed, or 8 of which were incorporated with the land revenue.

KUTTIVASI.

From Dravidian Kutti (= peg, stake, stump of a tree, hence what remains, balance) and Dravidian vasi (== excess, difference).

With the soft t it may be called the Nuffur Bakee, or balance against individuals.

KUVA.

(Dravidian) = arrowroot.

The Malayalam name for the arrowroot that grows in Malabar. It grows without cultivation, and is commonly eaten by the poorer classes boiled in water and mixed sometimes with teire (curds), and salt.

Note. — The different kinds in Malabar are Anakkuva, elephant arrowroot ; Channakkuva, Costus speciosus ; Nyettikkuva, Curcuma augustifolia, Manyakkuva and Malankuva, Koempferia ; and Manyalkkuva, Curcuma longa.

MACLEOD SEER.

Macleod seer is 25 to a para of salt, or 3,000 to a garce. Of the Madras seers there appear to be 4,800 to the garce in measuring salt.

MADHYASTANMAR.

Plural of Sanskrit Madhyastam (= neutral person mediator, arbitrator).

Arbitrators answering to Panchayat, though the latter term is not known in Malabar. Dharmakarta is also used.

Note.— The Karanavar of the Tara answered to the village Panchayat of Eastern districts. See TaravattuKaranavar.

MALIKANA.

(Persian)—what is due to the Malik or proprietor when set aside from the management of his estate, allowances to deposed Rajas.

Which is a Bengal term implying the fee or privilege of the proprietor, and was originally applied to the allowance made to the Bengal Zamindar in concluding the permanent settlement ; means in Malabar the fifth or 20 per cent, of a fixed revenue of their former countries which the dispossessed Rajas of Malabar receive from the Company.

Note. The allowances are calculated on the revenue of 1800—1.

MANIYANI.

(Sanskrit) = manager of estate on behalf of the Janmi.

POLUTTIKKARAN.

A Malayalam corrupt form of –

PRAVRATTIKKARAN.

From Sanskrit Pravratti (= occupation, business) and Sanskrit karan (= doer, one who has to do with).

Stewards or managers for Janmis or proprietors on estates or fields kept under their own direct management.

Note.- The officers who collect the revenue from ryots in Cochin and Travancore are called Pravrattikars.

MANNATTAPPAN.

From Dravidian Mannadi (= immigrant landowners in Palghat) and Dravidian appan (— father).

A caste of Vellalars or cultivating Sudras residing in certain Hobalis of the Palghat Taluk, who are said to have come from Kangayam in the Coimbatore province, and who are now so intermixed with the Nayars as not to be distinguished from them except when a Tiyan addresses them and gives them this appellation instead of Nayar. In Kangayam they are called Mannadi.

MAPPILLA.

From Ma, that is, Sanskrit Maha (= great) and Dravidian pilla (= child, honorary title).

A tribe of Mussulmans in Malabar whom Europeans call Mappillas. They are supposed to be descendants of the Arabs who first settled on the Malabar Coast, and in some families the inheritance by nephews, instead of sons is observed, the same among the Nayars, but generally the succession is by sons. Some derive the name from Ma, mother, and pilla, son, implying that they are the sons of their mothers, but that their fathers are unknown in consequence of the promiscuous intercourse between the first Arab settlers and the Native women of Malabar.

Others, from Makkal daughter, and pilla, son, literally, but meaning son-in-law, that is son to the man whose daughter he has married. Makkalpilla is usually pronounced Mappilla. Makkalpilla is the common word for son-in-law in Tamil. Mokhaeepilla, or people from Mokhaee, as Mocha is usually pronounced, is another derivation. The Rajas, in writing to a Mappilla, designate him Jonakan, and they are often called Jona Mappillas. The Kestorian Christians are called Nassrani Mappillas. The number of Mappillas in Malabar, according to an account taken in 1807, amounts to 172,600.

Notes.—1. Dr. Gundert’s view is that Mappilla was an “honorary title given to colonists from the West, perhaps at first only to their representatives." The name is not confined to Muhammadans.

2. The number of Mappillas (Mnhaimnadans) in Malabar at the census taken in 1871 was 546,912.

MARICHAM.

(Sanskrit) = pepper.

The Sanskrit name for the pepper. The Hindustani word mirch is evidently derived from it.

MARYADA.

(Sanskrit) = limit, boundary, custom.

Which in Tamil means honour, respect; signifies in the Malabar province the custom, the usage, and corresponds exactly with the Hindustani word mamool.

MELKKOYMA.

From Dravidian mel (= above) and Dravidian konma or koyma (= royal authority).

Note.—Melkkoyma was the right the sovereign power possessed over property of which the ownership was in others. Malabar Rajas not now being sovereigns have no longer Melkkoyma rights.—N.H.C., 118 (1861).

MENAVAN or Menon.

From Dravidian mel (= above), and Dravidian avan (= he).

Is the accountant or register, and answers to Karnam and Kanakkapilla (Conicapoly). The appellation is generally, if not always, confined to an accountant of the caste of Nayar.

Note.—The accountants of Amsams (parishes) are now styled Menons.

MENI VILACHCHAL.

From Dravidian Meni (= body, shape, sample, average article), and Dravidian vilachchal (= produce of corn).

Means in one case the number of fold. If you ask the Meni Vilachchal, or produce of an extent of land requiring so many paras of seed to sow it (in a single crop), it is usual to state the Vilachchal, or produce, of the best crop, and not the aggregate of the different crops. For instance, the first crop may produce 8 paras, the second 10, and the third 6 : instead of saying 24, the answer would be 10.

It means also the gross produce. The number of fold produced from one para of seed land (or land which requires one para to sow it for a single crop) is about 514/16 in the province of Malabar upon applying the total gross produce (15,571,268 paras) to the total seed sown (2,638,168 paras) according to the accounts rendered by the Janmakars in 981. The assessment being proposed to be regulated on the principle of deducting seed and the same quantity under the name of Vittuvalli or expense of cultivation, and also one-third for the cultivator, and dividing the remainder in the proportion of 6 in 10 to the Sircar and 4 in 10 to the Janmi, the Government assessment comes to 184/5/16 of a para for every para shown, or about 266/15 per cent of the gross produce.

Note.—The distribution a of wet land produce, according to the scheme drawn up by Mr. Richards and approved by Government (1803-4), is known as the Villachchal meni pattam (q.v.) scheme.

MENNOKKI.

From Dravidian mel (= above, and Dravidian nokkuka (= to look at, view, look after).

The common name formerly for accountants in the Kurumbranad and Polwye and Pyurmala Districts and in the Kartavus or lordships of Vadakkampuram, and Kilakkampuram, or the Northern and Southern Divisions of the Calicut District.

MODAN and PUNAM.

Mean generally high lands where a particular kind of paddy is capable of being cultivated, and where the oil-plant and millet and toor are also planted. In the Northern Division that land only is called Punam in which there is a great deal of underwood, and which can only be cultivated once in six years ; and that Modan which is high land, but not overgrown with wood, and capable of being planted with coconut, etc., trees ; but in the Southern Division Modan is the only name and Punam is not known. The Punam is never ploughed, but always dug. The plough could not make its way through the roots of the underwood. The seed is sown, or rather placed in the holes dug, dry and not sprouted.

Rice sown on high orchard land.

Note.—Modan cultivation is now assessed at a uniform rate of 12 annas per acre in the low-country taluks, and Punam cultivation at rates varying from 8 annas to 12 annas per acre. The assessment is imposed only on the breadth of ground annually occupied.

MRIGAM NALKKALI.

Mrigam (Sanskrit) == quadrupeds, wild animals. Nalkkali (Dravidian) = quadrupeds, tame animals.

Four-footed animals. In the Southern Districts of Malabar a permanent allowance has, by ancient custom, been made by proprietors in fixing the pattam for estimated losses by animals, whilst in the Northern Districts no allowance was made for this and other items, such as Veli Nellu ; but the proprietors take upon themselves the expense of protecting their fields from cattle and pay it out of their pattam, each contributing so much to one or more persons appointed to watch a particular tract.

MUDA.

(Dravidian) = load, bale.

Means, literally, a fastening, or bundle, or package. It is applied to the packages in a circular form, like a Dutch cheese, fastened with whisps of straw, in which rice is made up in the south of Malabar and Canara. It is uniformly of the same size, containing 25 Macleod seers. In the Sea Custom accounts the Muda of rice is reckoned at 81 lb. and of paddy at 55 lb.

MUKHYASTHAN.

From Sanskrit mukhyam ( = chief, principal) and Sanskrit stham ( = staying).

Is quite a modem term, introduced since Hyder’s invasion, in lieu of the Taravattukarar or heads of villages. Though it may be derived from the Sanskrit word Mukhyam or chief, it is doutbful whether Mukhyastan, which was unknown in Malabar, was not an imitation of the Persian word Mokhtusir, which was common in the Mysore durbar and means a person of authority, a chief.

Note. - Mr. Græme, contrary to other observations made by him, here alludes to the Taravattukarur as being the heads of villages. See Tara, and Ur, and Madhya--stanmar and Taravattu-karanavar.

MUKKATAVALI.

From Dravidian munnu ( == three) and Dravidian Katam ( =- about five EngHsh miles, a league), and Dravidian vali ( = ruler).

The limit of the jurisdiction of a Kartavu of 3,000 men, extending to 3 Katam.

MUKKUVAR.

From Dravidian mukkuka (= to dip, immerse, plunge) and Dravidian avar ( = they).

A tribe of fishermen in Malabar whom Europeans call Mucquas ; their number, according to an account taken in 1807, was 12,369.

Note.—“Said to be immigrants from Ceylon with Ilavar” (q.v.) —Gundert.

MULLUVALLI.

From Dravidian mullu ( = thorn) and Malayalam valli ( = proper subsistence given in kind to slaves or day-labourers).

Literally, thorn expense, the expense of taking care of plantations. It is synonymous with Ali Silavu.

MUNNU or Nalu Meni Nilam.

Munnu (Dravidian) = three ; Nalu (Dravidian) == four ; Meni (Dravidian) = average ; Nilam (Dravidian) = rice-field.

A paddy-field requiring only one para of seed and capable of producing three and four fold.

MURI.

(Dravidian) == a fragment, note, bond, receipt.

A receipt.

MUTIRA.

(Dravidian) = horsegram.

Horsegram, answering to Kollu in Tamil, Kooltee in Hindustani.

NADUVALI.

From (Dravidian Nadu) = the country, a (province) and Dravidian valuka ( = to live, to live well, rule).

He was not considered a Naduvali who had not at least 100 Nayars attached to his range ; any number below that ranked a person as a Desavali.

Notes.—1. See Desam and Tara, and Kuttam.

2. Mr. Græme is here referring to the modern idea of a Naduvali. In ancient the Nad was the territory of the Six Hundred, of the Kuttam, of the Kanakkar, supervisors, protectors, Nayar militia.

NALUBHAYAM.

From Dravidian nalu ( == four) and Sanskrit ubhayam (= garden produce in North Malabar).

Means the four products, and is applied in the Northern Division of Malabar to the produce, collectively, of the coconut, the betel-nut, the pepper and the jack tree.

Note.—The fifth in degree of importance was the Kodi, betel-leaf vine.

NAMBIYAR.

Honour, plural of Dravidian nambi ( = a title among Nayars).

A caste of Nayar ; the caste is distinguished by this termination to their name.

NAMBUTIRI or Namburi.

From Dravidian Nambuka ( == to trust, confide) and Sanskrit affix tiri ( == tiru = sri = blessed, fortunate).

A Brahman of Malabar.

NAYAN, plural Nayar.

(Sanskrit) = leader, in honorific plural, lord ; in ordinary sense, soldiers, militia.

A caste of Hindus in Malabar classed among the Sudras ; their number, from an account taken in 1807, was 156,283. Among Nayars nephews, and not sons, are entitled to succeed to property. This material point being established, the law of shares among relations follows in other respects the general Hindu law of succession. There are some Nayar families in Travancore who circumcise. The origin of this custom, does not seem clearly known. There is some faint tradition that there was a forcible, but partial, circumcision of natives of Malabar by people from Arabia long before Hyder’s invasion. The word Nayar has much resemblance to the Gentoo word Nayadu, to the Canarese and Tamil Nayakkan, and to the Hindustani Naig ; all titles of respect, applied in the manner that Sahib is at the end of a name.

NIKUTI CHITTU.

Nikiti or Nikuti, from Arabic nagdi ( === ready-money) or Canarese nigadi ( = instalment) or Sanskrit niti ( =:= right, proportion, law, justice), means the land-tax payable in money introduced by the Muhammadans (Mysoreans).

Chittu (Dravidian) = note, bill.

A document given by the Sircar to every person who is to pay the Nikuti or public revenue showing the annual amount of Nikuti he is to pay.

NIKUTI Sishtam.

Nikuti (q.v.) Sishtam (Sanskrit) == balance.

Is where the Kudiyan gives to Janmakar in pattam whatever remains in the pattam after paying the Nikuti.

Different ways in which it is settled in the districts south of the Kotta river, viz. :

NIKUTTI Vittu.

Nikuti (q.v,). Vittu (Dravidian) = seed.

Is the quantity of seed assessed in the time of Hyder by the Huzzur Nikuti accounts. It is in contradistinction to the Vittu, which is the seed required to sow the land for one crop.

Note.—In Wynad also the actual seed sown is not always shown in the accounts.

NIRMUTAL.

From Dravidian nir ( = water) and Dravidian mutal ( = property, money).

Is a compound of Nir, water, and Mutal, property ; figuratively it means that additional property or security is acquired to the mortgagee by a pledge given by the proprietor that he will perform the ceremony of giving water to the mortgagee. It is a kind of mortgage, without possession, of the additional right which the act of giving water confers. After the execution of this deed, the proprietor cannot transfer the land to another without the express consent of the mortgagee. It is still, however, in his power to redeem the mortgage by payment of the debt. At this stage of the mortgage the proprietor has generally received 10 per cent upon the sum specified in the deed of Otti in addition to that which he had received under the deed of Ottikkumpuram. The amount of the debt, but not the pattam, is specified m this deed.

Note.—When the landlord requires to borrow a still further sum on the security of land assigned to an Otti mortgagee to whom he has already executed an Ottikkumpuram deed, he is bound first to apply to such mortgagee, and if the latter should consent to make the required advance, the landlord gives him a Nirmutal document, by which he makes over to him all but the right of water. Such further advance is recoverable with the amount of the original mortgage, the Otti claim being, in fact, merged in the Nirmutal deed. In this case, as in that of an Ottikkumpuram transaction, if the mortgagee decline to make the advance, the landlord may obtain it from a third party, who satisfies the claim of the original mortgagee and comes into possession. In any of the three cases last mentioned the landlord is at liberty at any time to pay off the mortgage and redeem his property.—(Proceedings of the Court of Sadr Adalat, No. 18, dated 5th August 1856).

NOKKICHARTTA or Nokkiyelutta Peimasi.

From Dravidian Nokki ( == having looked) and Dravidian chartta ( = assessed) or Dravidian Elutta ( = written). Peimasi = (Persian) Pymaish.

Terms in use for survey. The latter seems to have been introduced only in Tippu’s time. The surveys, except what was made by Mr. Warden in 983, are not to be understood as meaning an actual measurement of the land by square feet, but merely a calculation of the quantity of seed necessary for sowing with respect to paddy, or an inspection of the number and a valuation of the produce of trees with respect to orchards.

OART.

Used in the Commissioners’ correspondence of 1793 for garden. The Portuguese word is Horta, and its origin is evidently from Hortus.

OPPU.

From Dravidian okka ( = together, all), means agreement, and hence a signature as the mark of agreement.

Is the signature. A fee upon one of the parties signing a new mortgage-deed respecting land.

OTTI.

From Dravidian Otta ( = one, single), hence ottuka ( = to step aside, make room for another) and otti ( = the stepping aside to make room for another, or, perhaps, the substitution of one thing for another).

In former times the Otti deed was scarcely ever executed before the Pattola deed. It was the consequence of the mortgagor becoming involved in a greater degree than when he first incurred the debt to the mortgagee. It is a deeper stage into debt. In the present times it is very usual for persons to borrow to that extent at once, without going through the preliminary step of Panaya Pattam to render it necessary to execute the Otti deed.

In this deed the amount of the debt only is specified and not the pattam or rent. In this stage of mortgage the interest of the debt is equal to the annual pattam, and the mortgagee pays no pattam to the proprietor. It is also called Veppu (in Palghat) and Palisa Madakku (in Nedunganad and Walluvanad), which latter term is expressive of this characteristic feature.

The mortgagor under this deed and under the subsequent deeds, which indicate advanced stages of the mortgage, is not entitled to polichcheluttu and its concomitant advantages, Sakshi, etc., etc.

He is considered to have already received two-thirds of the value of his mortgaged land, and to be entitled to one-third more before he has relinquished his proprietary right.

Though this and other deeds have certain defined rules, it must not be understood that they are rigidly observed with respect to the proportion to the whole estimated value of the Janmam or proprietary right which should constitute it to be one kind of deed or another, but the particular sums to be given will be exceeded where the quality of the land and the great demand on the part of others may render the mortgagee apprehensive of losing possession, and in other cases the Janmi may not get so much as is supposed in these explanations.

Under this deed, as the proprietor receives no rent from the land, he must be considered to have lost all interest in it, and to be wholly inefficient for the purpose of improving it ; he is no longer even a pensioner upon it.

Notes.—1. This tenure gives the mortgagee possession and the entire produce of the land, the landlord merely retaining the proprietary title and the power to redeem. Where no period has been stipulated, the landlord may pay off the mortgage at any time. The principal alone is repayable, the mortgagee recovering the interest of his money from the produce of the land If the landlord be desirous of raising a further sum and the Otti mortgagee refuse to advance it, the money may be received from a third party and the mortgage transferred to him. But the original mortgagee has a right to be first consulted.—(Proceedings of the Court of Sadr Adalat, No. 18, dated 5th August 1856.)

2. The following are some of the decisions of the Courts. An Otti holder, like a Kanakkaran, forfeits his right to hold for 12 years by denying his Janmi’s title.—2 M.H.C.K , p. 161. An Otti holder is entitled to the first chance of supplying his Janmi’s deeds for further loans.—M.S.C., 17 (1860) ; M.S. decisions (I860), p. 249. The words “Kanam free from the payment of rent" will not enlarge that Kanam right into an Otti right.—M.S.C., 142 (1870). Until the Otti holder refuses to purchase it the Janmam right cannot be sold to another person. S.S.C., 344—358 (1855). The offer to sell the Janmam right must be “at a reasonable rate.”—N.D.C., 64 (1859). A Janmi can at any time call on an Otti holder to purchase the Janmam right, and, on his refusal, he can sell his rights to whom he pleases. M.S.C., 30 (1857). To grant land on Janmam to a third party without the Otti holder’s consent is directly at variance with the general usage of the country. S.D.C., 135—155 (1854). The Otti holder is entitled to the refusal of the opportunity of making a further advance—M.S.C, 17 (1860) and 1 M H.C.R., p. 356. The right to hold for 12 years probably attaches to an Otti.—N.D.C., 28 (1862) ; M.H.C., 380 (1862). The difference between a Kanam and an Otti pointed out : the latter includes (a) the right of pre-emption of Janmam, and (b) Janmi’s right is reduced to a mere pepper-corn rent —M.H.C., 101 (1862).

DRAVYAM.

(Sanskrit) = object, movable property, money.

The amount of Otti received by the Janmi when giving his property under the tenure of Otti.

OTTIKKUM PURAMEYULLA KANAM.

(Literally) the Kanam which is in addition to the Otti.

May be considered the third stage of mortgage. The mortgagor has borrowed 10 per cent more than the sum he had received when he executed the deed of Otti. The deed specifies the amount of debt with this addition, and makes no allusion to the pattam. The mortgagor is as little entitled to Polichcheluttu, Sakshi, and Suchi under this as under the deed of Otti.

If the mortgagor should pay off the mortgage debt, he must also under this deed, and under all the deeds executed at subsequent stages of the mortgage, pay the interest of the additional 10 per cent from the time he borrowed it, with this qualification, that it does not exceed double the amount of the principal from which it sprung.

Ottikkumpuram means above or beyond the Otti.

Under this deed the mortgagor has still the power of transferring the property to another or recovering the possession for himself by redeeming the debt.

The addition to the Otti deed which makes this deed called Ottikkum puram is not necessarily limited to 10 per cent. The mortgage retains this denomination till it becomes deep enough to be classed under Nirmutal.

The amount of the debt, but not the pattam, is specified in this deed.

Note.—When the landlord wishes to obtain a further sum he applies to the Otti mortgagee, and on receiving it executes this deed to him, in which he binds himself to repay the amount at the same time that he pays off the mortgage. The mortgagee must always have the option of making such further advance, but if he decline, the landlord may apply to a third party and assign the property to him, the latter paying off the claim of the original mortgagee.—(Proceedings of the Court of Sadr Adalat, No. 18, dated 5th August 1856.).

PALISA.

(Malayalam) = interest on money, distinct from interest on rice (= Polu, or Palisa).

Interest. The subjoined are the denominations of the different kinds of Palisa and the meaning of them in the Southern Division of Malabar, not including Palghat and Temmalapuram, where the Janmakar’s and tenants’ pattam rate is one gold fanam for 2 paras. In the Northern Division it is generally 2 silver fanams for 1 para, but in Kavai alone it is 1 silver fanam for 1 para. The terms of interest which in this table indicate so many years’ purchase for the Southern Division generally have not the same meaning in the Northern Division or in the Palghat and Temmalapuram Districts of the Southern Division, for which there ought to be a separate table.

Remarks.—No. 1. May be explained to be an interest of one-sixteenth of every Idangali pattam for every fanam borrowed, or (taking the settled price of 10 Idangalis a fanam) one hundred and sixtieth part of the principal, or 160 years’ purchase, 10/16 per cent. This explanation applies to the Palisa upon paddy-fields. In plantations it is customary to refer its relation to every 10 fanams borrowed. A Makani Palisa is one-sixteenth, to be paid in interest of one fanam pattam for every ten fanams borrowed. Its centage, number of years’ purchase, and proportion to the principal, are the same as in paddy lands.

No. 2 (Blank.)

No. 3. After deducting the proportion for the assessment, this rate of interest prevails in some places.

No. 4. After deducting the proportion for one assessment, this rate is the most prevalent.

No. 5. Not in use before the introduction of the land assessment, but now in some places it prevails inclusive of the Nikuti.

No. 6. Not in use before, but now is in use inclusive of the assessment. When the assessment is half the pattam, the Ner Palisa, including the Nikuti, is equivalent to the Palisa exclusive of the Nikuti.

TIKAPPALISA.

From Dravidian Tikayuka = to become fall, complete) and Palisa (q.v.).

With respect to plantations has the same meaning as Ner Palisa in regard to rice-lands. It is the full interest or 10 per cent., that is, it is 10 fanams given in purchase for every fanam pattam (rent). It is the highest interest on land recognised by custom ; any excess above it would be usury.

KADAMVAYPA.

From Dravidian Kadam (= debt) and Dravidian vaypu ( = growth).

Rate of interest observable in loans of money, in contradistinction to the interest on land mortgage loans, which is much lower, but in Ernad and Vellatra many Janmakars have been obliged to borrow part of the money upon which their land is mortgaged on the terms of the Kadamvaypa.

PALISA MADAKKAM.

From Palisa (q.v.) and Dravidian Madakkam ( = return).

Used in Palghat.

The chief feature of this deed1 is that the interest of the money borrowed is equal to the value of the pattam in the possession of the mortgagee, and in this respect it exactly resembles the Otti deed. In it, however, the pattam is specified (which is not the case in the Otti deed) as well as the amount of the debt.

It is rather more favourable to the Janmakar than the Otti deed, because, as long as the mortgage has not reached the point of Otti, the Janmakar is at liberty2 to raise his terms, and the specification of the pattam gives him the means of doing it. Under the Otti deed the knowledge of the pattam is lost in former deeds, and the proprietor, it is well known, has no right to more than half as much again as he has already received. He has already got two-thirds of the whole value of the Janmam.

Notes.—1. See Otti.

2. The foot-notes to Mr. Græme’s text are by an experienced Native Revenue official.

NOTEs: 1. Otti and Palisa Madakkam are one and the same, at present at all events.

2. The distinction is scarcely maintained at the present time. END OF NOTEs

PALLIYAL, or PALLIYALI, or PAILLNYAYAL, or PALLIMANYAYAL.

Pallimanyayal from Dravidian Palli or Pallam ( == pit, hole, excavation) and Dravidian Nyaru or Naru (= what rises above ground, young plant fit for transplantation).

The highest stage of Ubhayam, a low rice-land ; it corresponds, I think with the bill of Canara The paramba may be called the high land which is not artificially irrigated.

In one kind of Palliyal or Pallimanyayal or Potta there is no cultivation. It only answers for sowing seed to be transplanted to lower lands.

Note.—Pallimanyayal was originally land excavated for rearing rice plants for transplantation.

PALPARAMBU.

From Dravidian Pal ( = an empty, void, desolate, waste place) and Dravidian Parambu ( = high ground, orchard, garden).

A destroyed garden.

PANAYAM.

From Dravidian root pan ( = to exchange, buy, bet) = bet, stake, pledge, mortgage.

In speech this deed is often designated the Todu Panayam deed with reference to its character, which corresponds with the Tors Udawoo deed of Canara.

By this deed the Janmi engages to pay a certain interest for money borrowed, or, in failure thereof, to make over to the Panayakkaran or mortgagee certain lands therein named.

In some cases the term for repayment of the principal is specified, in others it is omitted ; but it is supposed the mortgagee has a right to be put into possession of the land if the mortgagor do not pay upon the demand of the mortgagee.

If the Janmi decline putting the mortgagee into possession in failing to pay the interest, the mortgagee is in the habit of bringing an action for the recovery of the principal and interest by any means, whether by the sale of the mortgaged land alone or by the sale of other property belonging to the Janmi ; and the Judicial Courts, it is said, pass their decisions conformably to this principle.

If the Janmi, upon failing to pay the interest, were immediately to put the mortgagee in possession, the latter, it is thought, would have no right to sue for recovery of the debt by any other means.

Under this deed the Janmi has properly no right to dispose of the Janmam in the mortgaged land without the consent of the mortgagee ; but if any transfer of the kind should be clandestinely made, may insist upon the purchaser paying his demand or placing him in the possession of the land.

Where a mortgagee is placed in possession under this deed, he is to pay to the Janmi the residue of the pattam after deducting the mortgage interest.

Under this deed there is no right of Polichcheluttu, Sakshi, Oppu, and Suchi.

Notes.—1. The land is here pledged as security for the repayment, with interest, of certain sums advanced, but the lender has no right to interfere m the management of the property. In some cases it is stipulated that on failure on the part of the borrower to pay the interest, the lender shall be placed in possession of the land. Where such stipulation exists, the lender can sustain an action for possession ; in other cases he must sue for the recovery of the principal and interest of the loan, the land being liable in the event of the money not being paid. (Proceedings of the Court of Sadr Adalat, No. 18, dated 5th August 1856.)

2. The tender of the mortgage amount makes the person to whom tender is made responsible for rent from date of tender.—M.S.C., 134 (1857). A simple mortgagee has no claim to improvements.—S.D.C., 338 (1877).

3. This deed was evidently a mortgage without possession of the land interest pledged.

PANAYA ELUTTUKARAN.

From Panayam (q.v.) and Eluttukaran (Dravidian) = writ, or deed-holder.

A creditor of a Janmi, to whom the actual possession of the estate is not; consigned, but to whom the Janmi has engaged to consign it in failure of payment by a certain time. It depends upon the terms of the deed whether the land becomes in the possession of the mortgagee or not.

PANDAKKAVAL.

From Dravidian Pandal ( = temporary shed of leaves) and Dravidian Kaval ( = custody, guard, watch).

A watching fee, consisting of the crop of a certain portion of the field, which a slave receives from his master for his trouble. Kaval is watching and Pandal is the awning or cover under which the slave sets to watch.

Note.—See Kolulabham and Ennam and Patam.

PANDARAM.

(Dravidian) = treasury, government.

Term commonly used in Malabar for expressing the Government.

PANDI.

(Dravidian) = the Southern Tamil country with Madura as capital.

The name given to a tribe of Christian fishermen and palanquin-bearers on the Malabar Coast, whom I have seen at Cannanore. They are supposed to have come from, the southernmost part of the Malabar Coast, viz., Travancore, and, perhaps, from the Tinnevelly province originally.

PANIKKAR.

A kind of Master of Arts, formerly held in great respect in families as teachers of the use of arms and of martial exercises of all kinds.

The agent having jurisdiction either in a village or in a Hobaii on the part of the Kartavu, or lord of the Nad or district, to whom intermediate references are made from the Adiyans or vassals of the Kartavu.

PARA.

(Dravidian) = a drum, a rice measure.

In the Malabar province means generally ten of the measure next in quantity to it, that is, ten Idangalis or Dangalis, whatever may be the quantity of the latter. It is nearer to the mercal than to any other measure at Madras.

The standard para which appears in Mr. Græme’s statements of assessment contains ten Macleod Idangalis each Idangali being four Calicut Nalis and 3,000 Idangalis a garce.

Note.- See Vittupad.

PARAMBU.

(Dravidian) = high, dry ground, orchard, garden, compound.

May be considered the high land, whether cultivated with Modan rice, the oil-plant, the chama (Panicummiliaceum), or coconut and other trees, which is not capable of being inundated or irrigated artificially, and it does not apply exclusively to garden land as I at first thought it did.

Todi or Tottam.

(Dravidian) == garden.

Terms used for gardens and plantations.

PASUMA or Pasima.

(Dravidian) = freshness, softness, richness of soil.

Rasi.

(Sanskrit) = (a heap) with Dravidian Kuru ( = class), means poor, light soil.

Terms used for distinguishing the qualities of lands, viz., Pasima is the first, Rasi Pasima the second, and Rasi the third sort.

PATAM.

(Dravidian) = share of reapers.

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.—See Ennam, Kolulabham, and Pandakkaval.

PATTAM.

Probably from Dravidian padu ( = falling, falling into one’s power, place, situation, order, office, rank of officials and of princes, etc.), hence probably meaning the share of the produce of land due to officials and princes, and latterly to Janmis or other proprietors of land. It was probably at first written as patta-varam ( = the pad's share (varam) of the produce).

The fixed proportion agreed to between a Janmi and cultivator to be given to the Janmi as his share or rent ; this proportion is usually paid in kind for rice cultivation and in money for plantations.

In settling the pattam of coconut trees it has, in most places in Malabar, been the custom to give 20 per cent of the kulikkanam money, that is, of the value of the trees. Where the cultivator has demanded immediate payment of the value, the pattam has almost everywhere been settled at two-thirds of the estimated produce. 7 1/2 rupees has been the general price almost everywhere in the central Southern Districts, at which the produce has been commuted between the proprietor and tenant in settling the pattam. At Tellicherry, Kadattanad, Kolattunad and Kavai the rate is 10 rupees The Mappilla proprietors along the coast frequently, however, take their pattam in kind and dispose of it to the best advantage.

Note.—See “Varam” and note to cl. (i) of Deed No. 3, App. XII. See also Chapter IV, Section, (a) of the Text. The kulikkanam money was the value not of the trees, as Mr. Græme asserts, but of the Janmi's share of the produce of the trees, the pattam in fact. It would never have paid any one to have planted a garden and to have undertaken to pay as annual rent one-fifth of the value of the trees, but one-fifth of the value of the Janmi's share of produce (pattam) was a very moderate annual rent.

PATTAKKARAN

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

The tenant on a simple lease without any mortgage incumbrance.

Note.—The tenant simply yielded up the whole of the Janmi's share of the produce, that is of the pattam. It was the pattam which was not encumbered by mortgage—not the land.

KANI.

(Dravidian) =- something to be seen, gift.

Is an allowance, or offering, or tribute, of one Poti of paddy for every Poti of seed-land, which the cultivator makes to the proprietor in Wynad, answering to the Nikuti Sishtam of other taluks. Ramasvami, formerly Tahsildar of Wynad, says the Poti is given for every Poti seed of assessment, which is different from the Poti seed-land and answers to the Nejja moodee in Canara.

Synonymous with Pattam and Varam, and is used in the Wynad country for the landlord’s rent.

VARAM.

(Dravidian) == share in general, landlord’s share, rack-rent, chiefly of rice-lands (pattam of trees). — (Gundert).

The proportion given to the proprietor by the cultivator from the produce of his land. This proportion is not fixed, but depends on the actual produce, and the proprietor receives either half, or more or less, according to their agreement, which is made with respect to the quality of the land.

Note.—Pattam was probably originally patta-varam. In the ancient system certain individuals held the Varakol (share-staff) and distributed the produce. See Deed No. 3, App. XII, Conf. Nakachchal.

VARAM PATTAM.

See Varam and Pattam.

Though in general these two words are synonymous to express the landlord’s share of the produce on all kinds of land—Varam being used in the Northern and Pattam in the Southern Districts of Malabar—it appears that Varam is used in the districts south of the Kotta river in a more limited way, that is, it is confined to mean the landlord’s share arising from lands producing Modam or hill paddy and Till only, and no other descriptions of land.

Note.—Doubtful if this is so now.

VERUMPATTAM.

From Dravidian veru ( = empty, bare) and pattam (q. v.).

Simple rent unencumbered with mortgage interest.

Notes.—1- The following are a few of the Civil Courts’ rulings. —Verumpattakkar are entitled on eviction to the value of improvements, whether these have been effected with or without the knowledge of the Kanakkar or Janmi. This is an ordinary usage in the country.—S.D.C., 40 (1854). A tenancy expressed to be for one year is not necessarily determined at the end of the year. If the tenant remains in possession he holds as a tenant from year to year.—S.D.C , 400 (1877), 437 (1878). Although it is not open for a tenant to deny his lessor’s title, it is open to him to show that the title has ceased.—N.D.C., 413 (1861), 73 (1862) ; S.D.C., 172 (1877). A lessee is debarred from disputing that his lessor had no title.—S.S.C., 366 (1854). Semble: Lessor’s transferee’s lack of title.—M.S.C., 103 (1859). Encroachments by a tenant on adjoining waste are for the benefit of the landlord, — S.D.C., 438 (1877), 559 (1877). A tenant cannot of right claim remission on account of loss by drought.—S.D.C., 60 (1878). 133 (1878).

2. This lease runs only for a single year, unless otherwise specified. At the end of the year the landlord is at liberty either to renew the lease or to let the land to another tenant ; but he cannot, under any circumstances, disturb the tenant in his enjoyment until the year has expired. Where the lease is for a specified period, the tenant cannot be ejected during that period unless he endeavours to defraud the landlord or allows the rent to fall into arrears. In either of these cases, however, an action of ejectment will lie against the tenant.—(Proceedings of the Court of Sadr Adalat, Ko. 18, dated 5th August 1856).

NOTEs: Note.—See Chapter IV, Section (a) of the Text. The records of the Courts having been searched it is believed that no suits of ejectment were in reality brought before 1856, or at any rate before 1822. The Janmi used to oust an obnoxious tenant by selling his interest in the land before 1856. END OF NOTEs

VITTA PATI PATTAM.

= literally, pattam equal to half the seed sown.

Where it is half (of seed sown).

VITTOLAM PATTAM.

= literally, pattam equal to seed sown.

Where it is equal (to seed sown).

VITTIRATTA PATTAM.

= literally, pattam equal to double the seed sown.

Where the pattam is double the seed sown.

IRUNALI PATTAM.

= literally, pattam of two Nalis.

That is, two Nalis out of four which make an Idangali. It is used to express an equal division of the crop between proprietor and tenant, a mode of settlement which is seldom practised in Malabar, and which is only made for the year. It has the same meaning as Varam on the Coromandel Coast.

MENIPPATTAM.

From Dravidian meni ( == average) and pattam (q.v.).

Means the pattam or rent of a given extent of land derivable from the aggregate of the different crops, whilst the Vilachchal meni, or gross produce, refers only to the best crop, in common parlance, though not in account.

Commentary MMVol 1 MMVol 2

1. Appendices 1

2. Appendices 2

3. Port rules

4. Proverbs

5. Collection of Deeds

6. Mr. Græme’s Glossary 1

7. Mr. Græme’s Glossary 2

8. Mr. Græme’s Glossary 3

9. Chiefs and Residents

10. Proclamation

11. Malikhana Recipients