Act No. 4 of 1961
An act to enact a comprehensive legislation relating to agrarian reforms in the State of Kerala. Whereas it is expedient to enact a comprehensive legislation relating to agrarian reforms in the State of Kerala; Be it enacted in the Eleventh Year of the Republic of India as follows:-* * Pub. in K.G. Ex. No. 9 dt. 3-2-1961.
(1) This Act may be called the Kerala Agrarian Relations Act, 1960.
(2) It extends to the whole of the State of Kerala.
(3) It shall come into force on such date as the Government may, by notification in the Gazette, appoint and different dates may be appointed for different provisions of this Act.
In this Act, unless the context otherwise requires,-
Provided that the District Collector may, with respect to any crop., area or category of land within his district, by notification in the Gazette, specify the year between such other dates as he may deem fit as an agricultural year;
Explanation.-- When a divorce is effected, the husband or wife, as the case may be, shall be deemed to be non-existing so far as the other party is concerned;
Explanation.-- Where by act of parties or by operation of law, the interest of the tenant in his holding has been served, splitting up the holding into two or more parts, before the commencement of this Act, each such part shall be deemed to be a separate holding. But the rights of the landlords to recover proportionate rent and to exercise the right of resumption, if any, shall not be affected thereby;
Notes:- Section 2 (b) of Act 29 of 1958 defines improvement as follows Improvement means any work or product of a work which, add to the value of the holding, is suitable it and consistent which the purpose for which the holding is let, mortgaged or occupied but does not include such clearances, embankments Levelling, enclosures, temporary wells and water channels as are made by the tenant in the ordinary course of cultivation and without any special expenditure or any other benefit accruing to land from the ordinary operations of husbandry.
Provided that kanapattom or any other demise governed by the Travancore Jenmi and Kudiyan Act of 1071 or the Kanam Tenancy Act, 1955, shall not be deemed to be a kanom.
Explanation.-- For the purpose of this clause, in a case where there has been no stipulation in the document evidencing the transaction for renewal on the expiry of any specified period, but there has been a renewal or payment of renewal fees, it shall be deemed that there had been a provision for such renewal in the document;
Provided that a person shall not be deemed to be a Kudikidappukaran if the aforesaid permission was granted after the 11th day of April, 1957, by a mortgaging possession or by a tenant from whom the land in which the kudikidappu is situate is liable to be resumed.
Provided further that a person shall not be deemed to be a Kudikidappukaran if the aforesaid permission was granted in respect of any hut not belonging to him and situated.
Explanation I.-- For the purpose of this clause hut means any dwelling house which has a value not exceeding four hundred rupees or the monthly rent of which does not exceed four rupees.
Explanations II.-- Any person who was in occupation of a kudikidappu on the 11th day of April, 1957, and who continued to be in such occupation at the commencement of this Act shall be deemed to be in occupation of such Kudikadappu with permission as required under this clause.
Explanation III.-- Where any kudikidappukaran secures any mortgage with possession over the land in which the kudikidappu is situate, his kudikidappu right shall revive on the redemption of the mortgage, provided that he has at the time of the redemption no homestead or land, either as owner or as tenant in possession to erect a homestead;
Notes.-- The second provision was included as per the directive of the President of India. The laws in force immediately before the commencement of this Act are the T.C. Prevention of Eviction of Kudikadappukars Act, 1955 in the erstwhile State of Travancore-Cochin and the Malabar Tenancy Act, 1929 in the erstwhile district of Malabar. As per the Malabar Tenancy Act the person entitled to possession can give permission. But as per the T.C. Act the permission is to be given by the owner.
Explanation.-- Pattazhi Devaswom means the Pattazhi Devi Temple in Pattazhi Village of Pathanapuram Taluk of the State of Kerala;
Explanation.-- Notwithstanding anything in the Indian Evidence Act, 1872, or in any other law for the time being in force a person, though he is describe as an agent or servant in a document evidencing the contract for the cultivation of any nilam, may plead, adduce evidence and prove that he is a licensee;
Provided that the normal produce of any nilam irrigated with water for the first time after the commencement of the tenancy in respect of that nilam from an irrigation work constructed, repaired or maintained wholly at the cost of the Government or a Local Authority or a Co-operative Society or by the tenant shall be determined as if the nilam had not been so irrigated:
Provided further that in the case of any nilam registered as double crop nilam in the registers of Government, account shall be taken as though only a single paddy crop which shall be the principal crop has been raised on the land if it had been converted from single crop into double crop nilam at the tenants expense and as though two paddy crops have been raised on the lands if they have been so converted at the land lords expense.
Explanation:- In ascertaining the normal produce in areas where the Malabar Tenancy Act 1929, was applicable the yield of the second crop shall be deemed to be half of that of the principal crop which shall be deemed to be the first crop;
Explanation I.-- Lands used for the construction of office buildings go downs, factories, quarters for workmen, hospitals, schools and play grounds shall be deemed to be lands used for the purposes of sub-clause (a).
Explanation II.-- If any question arises, as to whether any land is in the vicinity or within the boundaries of the area cultivated for the purpose of sub-clause (b), or whether it is reversed and fit for the expansion of cultivation, it shall be determined by the Land Board;
Notes.-- The definition of plantation has been recast as per the directive of the President of India.
(ii) punam or kumri cultivator means a person who has raised crops by punam or kumri cultivation in any year between 1953 and 1959 and, where there are successive cultivators in respect of the same land, the cultivator who raised crops last by such cultivation during the said period;
Explanation I.-- Where in a document a person is described as a Sambala-pattomdar, Sambalachitudar or Coolipattomdar in respect of any paddy land situate in Palaghat district he shall be presumed to be a tenant:
Provided that such presumption shall stand rebutted if it is proved that the Sambalapattomdar, Sambalachittudar or Coolipattomdar has not undertaken any risk of cultivation.
Explanation II.-- For the purpose of this sub-clause any person who on the 11th day April 1957, was continuously in occupation of the land of another situate in Malabar, for not less than two years bona fide believing himself to be a tenant and continued to be in occupation of such land at the commencement of this Act shall be deemed to be a tenant.
Explanation III.-- For the purpose of this sub-clause holder of chalgeni lease means a lessee or sub-lessee of specific immovable property situate in the Taluk of Hosdurg or Kasargode, who has contracted, either expressly or impliedly, to hold the same under a leave whether for a specified period or not.
Explanation IV.-- For the purpose of this sub-clause, any person who at the commencement of this Act continues in cultivation of any nilam by virtue of the provisions of Section 6 of the Kerala Stay of Eviction Proceeding Act 1957, shall be deemed to be a varomdar, notwithstanding the expiry of the term fixed under the varom arrangement;
(ii) cultivating tenant means a tenant who actually cultivates the land comprised in his holdingExplanation.-- Where a tenant cultivates only a portion of the land comprised in a holding he shall be deemed to be the cultivating tenant in respect of that portion;
(ii) customary verumpattamdar means any verumpattamdar who before the commencement of the Malabar Tenancy (Amendment) Act, 1951, was entitled, by the custom of the locality in which the land was situated, to possession of the said land for a definite period of years, and for whose continues then on after the termination of that period, for a further period, a renewal fee had to be paid to the landlord as an incident of the tenure;
(iii) mulgeni means a tenancy in perpetuity at a fixed in variable rent created in favour of a person called the Mulgenidar.
Nothing in this Chapter shall apply to-
Provided that leases over land escheated to the Government shall not be deemed to be leases of land belonging to or vested in the Government, if such leases subsisted at the time of the escheat and continued to be in force at the commencement to this Act; or
Explanation.-- Permission given to a Kudikidappukaran to occupy a hut shall not be deemed to be a lease of building for the purpose of this clause; or
Provided that nothing in this clause shall apply to tenancies created by mortgagees in possession, in respect of lands situate in that portion of Malabar where the Malabar Tenancy Act, 1929, was not in force immediately before the commencement of this Act, if the tenants were in continuous possession of such lands for a period of five years ending with the 14th day of April 1959; or
Notes.-- The Malabar Tenancy Act was in force only in the erstwhile district of Malabar and certain villages in the Kasargod Taluk which are mentioned in the schedule to the said Act. Now certain areas of the Kasargod Taluk are in the Taluk of Hosdurg.
Explanation.-- For the purposes of this clause a Sthanee or trustee or owner of any temple, mosque, church or other place of public religious worship or of any other public religious or charitable institution or endowment shall not be deemed to be a person having only life interest or other limited interest in ownership:
Provided that the provisions of this Chapter relating to fixity of tenure shall apply to tenancies falling under clauses (v) and (vi) so long as the mortgage, life interest or other limited interests subsists; or
Provided that nothing in clauses (i) to (vii) shall affect the rights of persons who were entitled to fixity of tenure under the Malabar Tenancy Act, 1929, or the Cochin Verumpattamdars Act, VIII of 1118, or section 7 of the Hindu Succession Act, 1956; or
Provided that the provisions of this chapter, other than Sections 41 to 55 both inclusive, shall apply to tenancies in respect of agricultural land which are treated as plantations under sub-clause (c) of clause (39) of section 2,
Notes.-- Section 21 of the Malabar Tenancy Act gives fixity of tenure to every cultivating verumpattamdar, every customary verumpattamdar, every kanamdar, every kanamkuzhikanamdar, every kuzhikanamdar, tenant of kudiyiruppu, and every holder of a protected ulkudi or a kudikidappu, subject to the provisions of Section 23 and 25 of the said Act. These Section enumerate the grounds of eviction. Section 4 of the Cochin Verumpattomdars Act 1118 grants fixity of tenure to every verumpattomdar subject to the provisions contained in Section 8 of the said Act. Explanation 2 to section 7(3) of the Hindu Succession Act, 1956 state that the devolution of sthanam properties under sub-section (3) and their divisions among the members of the family and the heirs shall not be deemed to have conferred upon them in respect of immovable properties any higher rights than the sthanamdar regarding eviction or otherwise as against tenants who were holding such properties under the sthanam. This explanation was added by Kerala Act 28 of 1958. Section 41 to 55 of the Act deal with the vesting in Government of Landlords rights in land held by tenants and assignments of such rights to tenants.
Notwithstanding anything contained in any law or in any contract custom or usage to the contrary an Oducharthudar or a person claiming under him who was actually cultivating on the 11th day of April, 1957 and is continuing to cultivate at the commencement of this Act, the land or any portion of the land to which the Odacharthu relates shall be deemed to be a tenant in respect of the land or the portion of the land so cultivated.
Where on or after the 11th day of April, 1957, a tenant holding land less in extent than the ceiling area has executed a deed surrendering his leasehold right to the landlord, but has not actually transferred possession of the land to the landlord, such deed shall be deemed to be invalid and the tenant shall continue as tenant.
Notes:- 11th April 1957 is the day on which the Kerala Stay of Eviction Proceedings Ordinance 1 of 1957 was promulgated. The word tenant is defined in Section 2 (50). Section 58 of the Act specifies the ceiling area.
(1) Notwithstanding anything contained in any law, custom, usage or contract, or in any decree or order of court, to the contrary, every tenant shall have fixity of tenure in respect of his holding and no land from the holding shall be resumed except as provided in this Act.
(2) Nothing in sub-section (1) shall confer fixity of tenure on a tenant holding under a land lord serving in the Armed Forces if the tenancy was created by such landlord within a period of three months before he was recruited to the Armed Forces or while he was serving as a member of the Armed Forces;
Provided that no land from such tenant shall be resumed except at the end of an agricultural year or before the expiry of the period fixed in the contract of tenancy:
Provided further that such tenant shall be deemed to have fixity of tenure in respect of his holding if such landlord has not claimed resumption of the land comprised in the holding within one year from the date on which he ceases to be serving member of the Armed Forces or within a period of one year from the commencement of this Act or within one year from the expiry of the period of tenancy, whichever period expires last:
Provided also that the provisions of this sub-section shall not apply to tenants who were entitled to fixity of tenure under the Malabar Tenancy Act, 1929, or the Cochin Verumpattamdars Act VIII of 1118.
Notes.-- The rights conferred on tenants by this Section are subject to special provisions regarding small holders contained in section 18 if the tenant is holding under a small holder. The grounds for which the land can be resumed and the conditions and restrictions of resumption are given in section 10 of the Act Section 95 (5) also deals with resumption. Section 9 gives an opportunity to persons interested in land to prove that he is a tenant entitled to fixity of tenure as per section 6.
Notwithstanding anything contained in any law or contract or in any decree or order of court, where a person who commenced cultivation of any nilam under a varom arrangement and who contained to cultivate it even after the expiry of the term of the varom arrangement, was evicted after the 11th day of April 1957, from the nilam in pursuance of a decree or order of court shall, subject to the provisions of the section 8 be entitled to be restored to the possession of the nilam.
Notes:- 11-4-1957 is the date on which the Kerala Stay of Eviction Proceedings Ordinance 1 of 1957 was promulgated. Only varamdars of nilams are given the benefit Section 78 provides for the restoration in the case of lease for commercial or industrial purpsoses under certain circumstances.
(1) Any person seeking restoration under section 7 shall within a period of six months from the commencement of this Act, apply, in such form as may be prescribed, to the Land Tribunal for the restoration.
(2) The Land Tribunal may after such inquiry as may be prescribed, order the restoration of the applicant to the possession of the land where he is entitled to such restoration or reject the application where he is not entitled.
(3) Any person aggrieved by an order passed by the Land Tribunal under this section may appeal against the order within such time as may be prescribed to the Court of the District Judge having Jurisdiction over the area in which the holding is situate. The decision of the court on such appeal shall be final subject to the provisions of Section 76.
(4) An order for restoration may be executed through the court as if the order were a decree passed by it.
(5) Any person who has been restored to the possession of land under this section shall be deemed to be a tenant for the purpose of this Act.
(1) Notwithstanding anything in the Indian Evidence Act, 1872 (Central Act 1 of 1872), or in any other law for the time being in force, any person interested in any land situate in Malabar may plead, adduce evidence and prove that a transaction purporting to be a Mortgage, Otti, Karipanayam, Panayam or Nerpanayam of that land is not in fact such a transaction but a transaction by way of kanam, Kanamkuzhikanam, Kuzhikanam, verumpattam or other lease, under which the transferee is entitled to fixity of tenure in accordance with the provisions of section 6 and to the other rights of a tenant under this Act.
(2) Where under the last foregoing sub-section the court holds that the transferee is entitled to fixity of tenure in accordance with the provisions of section 6, it shall be lawful for the court to pass a decree containing directions regarding the application of the sum, if any, advanced to the landlord and making other suitable alterations in the terms recorded in the instrument executed by the parties.
(1) The land comprised in a holding may be resumed on the grounds and subject to the conditions and restrictions hereinafter specified.
(2) For extension of Places of public religious worship.-- A trustee or owner of a place of public religious worship may resume for a tenant of such public religious worship may resume from a tenant of such public religious institutions whole or any portion of the holding, when the same is needed for the purpose of extending the place of public religious worship and the Collector of the District certifies that the same is do needed.
(3) For building purpose.-- A landlord may resume from a tenant the holding or any portion of the holding when the same is needed bona fide for the purposes of constructing a building for the residence of himself or of any member of his family.
Provided that-
Provided further that no landlord shall be entitled to resume under this sub-section, any land comprised in holding in the possession of a tenant belonging to the Scheduled Castes or Scheduled Tribes.
(4) For self-cultivation-
Provided that in no case shall the landlord be entitled to resume under this sub-section more than half the extent of the land in excess of the ceiling area in the possession of the tenant that would be liable to be surrendered if section 61 were to apply.
(5) A landlord may resume from a tenant any holding comprising agricultural land of the description specified in sub clause (c) of clause (39) of section 2-
Provided that a cultivating tenant whose holding is resumed under clause (a) or clause (b) shall be entitled to be paid a solatium by the landlord calculated in the manner specified below:-
Provided further that the right of resumption under clause (a) shall be exercisable only at the end of an agricultural year and only at the expiry of the period of contract of tenancy.
(6) (i) Notwithstanding anything contained in sub-section (2), (3) and (4), no kudiyirippu shall be resumed;
(ii) Notwithstanding anything contained in sub-section (3) and (4), no land from a tenant shall be resumed under the said sub-section by a Sthani or by his successor in the interest in that holding, or by the trustee or owner of any place of public religious worship or of any other public religious or charitable institutions or endowment.
(7) Resumption of land under sub-section (2), (3) and (4) shall also be subject to the following conditions:-
Provided that where the landlord is a minor or a person subject to any mental or physical disability the right to resume land may be exercised-
Explanations.-- Where only a portion of the holding is resumed, the solatium payable shall be proportionately reduced.
(8) A land lord desiring to resume and land shall apply to the Land Tribunal within whose jurisdiction the land is situate for an order for resumption.
(9) In an application under sub-section (8) all persons who have interested in the land including a kudikidappukaran shall be made parties. Each such party may put forth and establish his objections to, or claims for, resumption, value of improvements, arrears of rent or any other matter in regard to the land sought to be resumed and the Land Tribunal shall adjudicate such objections and claims and pass orders settling the rights of such party and specifying the person entitled to resumption.
(10) Where the Land Tribunal finds that the resumption sought may be allowed, it may pass an order allowing resumption specifying the extent and the location of land, the rent payable in respect of the portion, if any, that would be left after resumption and such other particulars as are deemed necessary, and directing the landlord to make payments to extinguish the rights of the cultivating tenant and intermediaries if any, who would be affected by such resumption. Where any land is resumed all the rights of the cultivating tenant and such intermediaries, in respect of the land shall stand extinguished.
(11) Any person aggrieved by an order passed by the Land Tribunal under sub-section (10) may appeal against the order within such time as may be prescribed to the Court of the District Judge having Jurisdiction over the area in which the holding is situate. The decisions of the Court on such appeal shall be final subject to the provisions of section 76.
(12) An order of resumption may be executed through the court as if the order were a decree passed by it.
(13) Where in respect of any land there are more landlords than one, the landlords mentioned below and in the order of their priority alone shall be entitled to resumption, the landlord nearer to the cultivating tenant excluding the more remote:-
Explanation.-- Where a landlord who has preferential right for resumption does not demand resumption the landlord next in the order of priority shall be entitled to resumption.
Notes:- This is one of the most important provision of the Act. Resumption is allowed for extension of places of public religious worship, for building purposes and for self cultivation. Sub-section (5) makes certain special provisions for plantations. As per this sub-section acts of waste is also a ground for resumption though it is not so in the case of lands other than plantations. Over and above the rights given by this section a small holder is entitled to the benefits of the special provision contained in section 18. The Devaswom Verumpattamdar (Settlement) Proclamation 23 of 1118 gives fixity to all pattadars. Please also see note under Section 8. Section 61 provides for the surrender of excess lands on the notified date.
(1) In any case in which any land has been resumed on the ground specified in sub-section (2) or sub-section (3) of section 10, if within three years of such resumption, the person resuming the land fails to extend the place of public religious worship or to construct the building for the extension or construction of which the land was resumed or transfers any of the lands resumed, to any person on kanam, kanam-kuzhikanam, kuzhikanam or verumpattam, or lease of any other kind the cultivating tenant shall subject to the provisions of section 1, be entitled to apply to the Land Tribunal for the restoration to him of the possession of the land which was resumed and to hold it with all the rights and subject to all the liabilities of a cultivating tenant.
(2) The provisions of sub-sections (9), (10), (11) and (12) of section 10 shall, as far as may, be applicable to the form and procedure in regard to the application for restoration and the right of appeal against and the manner of execution of the orders for restoration.
An application for restoration under sub-section (1) of section 11 shall be made within one year from the date of the transfer by the person resuming the land if the application is based on that ground and within four years after the resumption in other cases.
(1) Where restoration of any land resumed is ordered under section 11, the cultivating tenant shall hold the land directly under the landlord from whom restoration has been ordered and the rights of intermediaries extinguished under sub-section (10) of section 10 shall not revive.
(2) Before such restoration the cultivating tenant shall pay to the person who resumed the land-
(3) The rent payable by the cultivating tenant after the restoration of the holding shall be the fair rent.
(1) The rates of normal rent in respect of any class of land specified in column (2) of Schedule 1 shall not exceed maximum nor shall it be less than the minimum specified against it in columns (3) and (4) thereof respectively.
(2) Subject to the provisions of sub-section (4), the Government may, by notification in the Gazette, fix the rates of normal rent applicable to lands in any local area subject to the maxima and minima specified in Schedule 1. In fixing such rates the Government shall take into account the local conditions regarding tenure, the law prevailing in that area immediately before the commencement of this Act and any other special consideration.
(3) Any rate fixed by the Government under sub-section (2) may be varied by them by like notification subject to the provisions of sub-section (4) and subject to the maxima and minima specified in Schedule I.
(4) A draft of the notification proposed to be issued under sub-section (2) or sub-section (3) shall be laid before the Legislative Assembly for a period of ten days and the Legislative Assembly may approve the draft with or without modification or disapprove the draft during the period in which it is so laid. On the approval of the draft by the Legislative Assembly the Government shall published the notification, as approved, in the Gazette. If the Legislative Assembly does not-
the said draft during the period aforesaid it shall be lawful for the Government to publish the notification in the Gazette in terms of the draft.
The Government may by notification in the Gazette constitute for any area specified therein a Land Tribunal consisting of a sole member who shall be a judicial officer not below the rank of a Munsiffs or a Revenue Officer not below the rank of a Thahasildar for the purpose of performing the functions of a Land Tribunal under this Act.
Notes.-- Section 81 provides for the delegation by the Land Board of any of its powers to the Land Tribunal.
(1) Any cultivating tenant may apply to the Land Tribunal for determining the fair rent in respect of the holding, the installments, if any, in which it shall be payable and the date or dates on which the such rent or the installments thereof shall be payable. The fair rent shall be the rent calculated at the rates applicable to the holding fixed by the Government under section 14 or the rent payable, immediately before the commencement of this Act, whichever is less:
Provided that in the case of land used principally for the cultivation of tea, coffee, rubber or cardamom or such other kind of special crops as may be specified by the Government by notification in the Gazette or used for any purpose ancillary to the cultivation of such crops or for the preparation of the same for market, the contract rent shall be deemed to be the fair rent.
Explanation.-- Where in respect of a holding, the fair rent fixed under the Malabar Tenancy Act, 1929, is higher than the rent which was payable under the contract of tenancy, the rent payable immediately before the commencement of this Act shall, for the purposes of this sub-section, be deemed to be the rent which was payable under the contract of tenancy.
(2) Where the rent payable under the contract of tenancy is fixed in money, such rent shall, for the purpose of determining the fair rent, be computed in commodity at the average of the prices of such commodity for a period of six years immediately preceeding the date of the application under sub-section (1).
(3) Where it is necessary to ascertain the value of any commodity for the purpose of determining the fair rent, the value of such commudity shall, unless it has been specified in the document evidencing the contract of tenancy, be deemed to be the average of the prices of such commodity for a period of six years immediately preceeding the date of the application under sub-section (1).
(4) On receipt of an application under sub-section (1) the Land Tribunal shall issue notices to all the parties concerned and after enquiry, determine by an order,-
(5) Any person aggrieved by an order passed by the Land Tribunal under sub-section (4) may appeal against the order within such times as may be prescribed to the Court of District Judgement having jurisdiction over the area in which the holding is situate. The decision of the Court on such appeal shall be final subject to the provisions of section 76.
(6) The fair rent determined under sub-section (4) or sub-section (5), as the case may be, shall not be liable to alternation or revision except upon the application of the cultivating tenant for the reduction of the fair rent on any of the grounds specified in section 24;
Provided that where the rates of normal rent are varied by the Government by notification under sub-section (3) of section 14 it shall be lawful for the landlord or the cultivating tenant to apply for the revision of fair rent in the basis of the new rates.
Where in case the rent payable in respect of a holding has not been determined by the Land Tribunal, the landlord shall be entitled to receive and the tenant shall be bound to pay the rent that was payable immediately before the commencement of this Act:
Provided that where the fair rent has been determined in respect of a holding, the order determined the fair rent shall take effect from the date on which the tenant filed the application for such determination and any amount in excess of such fair rent, paid by the tenant to the landlords till the date of determination of the fair rent shall be adjusted towards the payment of the future fair rent or purchase price.
Explanations.-- Where in respect of a holding, the, fair rent fixed under the Malabar Tenancy Act, 1929, is higher than the rent which was payable under the contract of tenancy, the rent payable immediately before the commencement of this Act shall, for the purposes of this section, be deemed to be the rent which was payable under the contract of the tenancy.
(1) For the purposes of this Section small holder means a person who does not fall within either of the following categories, namely:-
Provided that where a person had, in any one or more of the capacities mentioned in clause (i), land in the aggregate exceeding ten acres of double crop nilam or its equivalent, or in one or both of the capacities mentioned in clause (ii), land in possession in the aggregate exceeding five acres of double crop nilam or its equivalent, immediately before the 18th day of December, 1957, but on or subsequent to that date the extent of such land was reduced by a partition or transfer to the extent aforesaid or less, he shall not be deemed to be a small holder; nor shall such partition on transfer entitle the allottee or the transferee to exercise the rights conferred under this Section in respect of the land covered by the petition or transfer.
(2) Where in respect of any land the cultivating tenant was entitled to fixity of tenure, immediately before the commencement of this Act under any law, custom or contract or under any decree or order of court-
Explanation.-- For the purpose of this sub-section a cultivating tenant shall be deemed to have fixity of tenure in respect of his holding if he has either paid renewal fees or taken a renewal or is entitled to obtain a renewal with respect to that holding, even though under any other law he is not entitled to it.
(3) (a) Where a tenant elects to continue as tenant in respect of the entire holding under clause (a) (i) of sub-section (2) he shall pay to the small holder as rent for the land comprised in the holding 75 per cent of the contract rent or where fair rent has been fixed in respect of the holding under any law in force immediately before the commencement of this Act, such fair rent.
(b) Where a tenant elects to purchase the entire land comprised in holding under clause (a) (ii) of sub-section (2) he shall pay to the Land Tribunal in a lump in such manner as may be prescribed, a sum equal to 12 times the contract rent or where fair rent has been fixed under any law in force immediately before the commencement of this Act, 12 times such fair rent.
Explanation.-- For purposes of this sub-section where in respect of a holding, the fair rent fixed under any law in force immediately before the commencement of this Act, is higher than the rent which was payable under the contract of tenancy the contract rent shall be deemed to be the fair rent fixed under any such law.
(c) Where a tenant surrenders one-half of the holding and retains the other half under clause (b) of sub-section (2).--
(4) In the case of a holding held under a small holder by a tenant not falling under sub-section (2) the small holder may at his option,-
Provided that a small holder shall be entitled to required his tenant to surrender only an extent of land which, together with the land already in the possession of the small holder would not in the aggregate exceed five acres of double crop nilam or its equivalent.
(5) (a) Where on-half or any portion of the holding is surrendered to the small holder under clause (a) of sub-section (4), the tenant shall be entitled to receive from the small holder such amount as compensation for the improvements belonging to him as he would have been entitled to under the Kerala Compensation for the tenant Improvements Act, 1958, if he were evicted from such land.
(b) Where a tenant opts to continue as tenant in respect of the remaining portion under Clause (a) of sub-section (4), he shall be liable to pay to the small holder 75 per cent of the proportionate contract rent of such remaining portion or where fair rent has been fixed in respect of the holding under any law in force immediately before the commencement of this Act, such proportionate fair rent in respect of the remaining portion of the holding and where the tenant opts to purchase that portion under the said clause, he shall be liable to pay to the Land Tribunal in such manner, as may be prescribed, 12 times such proportionate contract rent or fair rent as the case may be as purchase price.
(c) Where a tenant is permitted to continue as tenant in respect of the entire land comprised in the holding under clause (b) of sub-section (4) he shall pay to the small holder rent calculated at 75 per cent of the contract rent or where fair rent has been fixed under any law in force immediately before the commencement of this Act, such fair rent.
Explanations I.-- For the purpose of this sub-section, in determining the rent payable by a varomdar the provisions of the clause (ii) of the Explanation to sub-section (1) of section 45 shall apply.
Explanation II.-- For the purposes of this sub-section, were in respect of a holding, the fair rent fixed under any law in force immediately, before the commencement of this Act is higher than the rent which was payable under the contract of tenancy the contract rent shall be deemed to be the fair rent fixed under any such law.
(6) Nothing in this section shall be deemed to take away from the small holder or restrict any of the rights or benefits under any other provisions of this Act to which he would be entitled if he were not a small holder.
(7) The purchase price payable under clause (b) of sub-section (5) by a tenant shall be paid in 12 equal annual installments as determined by the Land Tribunal with interest on each such installment at the rate of 41/2 per cent per annum from the date of purchase to the respective dates of payment.
(8) Within such time as may be prescribed, the tenant holding under a small holder or the small holder, as the case may be, may stating the option if any, exercised by him, apply in such form as may be prescribed, to the Land Tribunal to grant to relief he is entitled to. In such an application all persons who have any interest in the land including a kudikidappukaran shall be mad practice. Each such party may put forth and establish his objections and claims for value of improvements, compensation, purchase price, encumbrance, maintenance or alimony, arrears of rent, the rent payable or any other claim in regard to the land concerned and the Land Tribunal shall adjudicate such claims and pass order settling the rights of each such party. In passing orders regarding claims of intermediaries or claims for the encumbrance, maintenance or alimony, the Land Tribunal shall have regard to the provisions of sections 49, 50 and 54. An order passed by the Land Tribunal under this sub-section may be executed through the court as if the order were a decree passed by it.
(9) (a) The purchase price shall be a first charge on the land, subject to the charges for any dues payable to the Government and to any local authority and the installments due shall be recoverable as an arrear of land revenue under the provisions of the Revenue Recovery Act for the time being in force.
(b) On the payment of the purchase price in lump under sub-section (3) (b) or on the payment of the first installment of the same under subsection (5) (b), the Land Board, on intimation of the same from the Land Tribunal, shall issue a certificate of purchase in the prescribed form the tenant in respect of the land purchased and thereupon the land shall vest in the tenant free from all encumbrance. Such certificate shall be conclusive evidence of the purchase.
(c) Where a tenant has become the purchaser of any land under the provisions of this section, the rights of the small holder and other landlords, if any, in the land shall be extinguished for which they shall be entitled to compensation which shall be equivalent to the purchase price payable by the tenant. The compensation shall be apportioned among the small holder and the other landlords in proportion to the profit derived by each from the land.
The compensation shall be paid by the Land Board to them in cash where the purchase prices is paid in lump, and where the purchase price is payable in installments, the compensation shall be paid either in cash or in negotiable bonds redeemable in 10 years and carrying interest at the rate of 41/2 per cent per annum with effect from the date of purchase.
Explanation.-- For the purpose of this clause profit derived from the land shall mean, in the case of the landowner, the rent to which he is entitled and in the case of any other landlord, the difference between the rent due to him from his tenant and the rent for which he is liable to his landlord.
(d) Pending the determination of the purchase price under sub-section (3) or sub-section (5) or where there has been an appeal against the determination of the purchase price pending order on such appeal, the tenant shall deposit with the Land Tribunal an amount equal to the rent which would have been payable by him on the dates on which such rent would have become due if the land were not purchased. The Land Tribunal shall after intimating the Land Board pay such amount to the small holder and other landlords, if any, as part payment of the compensation on taking proper security in case it is found that they are entitled to such amount. The amount so paid by the tenant shall be deducted from the purchase price payable by him and he shall be liable to pay only the balance.
(10) Any person aggrieved by any order of the Land Tribunal under this section may appeal against such order within such times as may be prescribed to the court of the District Judge having jurisdiction over the area in which the land is situate. The decisions of the court on such appeal shall be final subject to the provisions of section 76.
(11) Where there has been any modification in appeal from the orders of the Land Tribunal, such orders shall be modified accordingly.
(12) Where any land has been surrendered to the small holder who is an intermediary, under clause (b) of sub-section (2) or clause (a) of subsection (4) the right, title and interest of the landowner and the intermediary, if any, between the landowner and the small holder in the said land shall vest in the Government with effect from the date of the surrender and the small holder shall be entitled to get such right, title and interest assigned to him. The provisions of section 43 to 55 (both inclusive) shall, as far as may be, apply to the vesting and assignment of such right, title and interest.
(13) The right conferred by this section on small holders shall be exercisable only by the following categories of landlords:-
Where in respect of any land there are more landlords than one belonging to the categories mentioned above such rights shall be exercisable in the order of priority, the landlord nearer to the cultivating tenant excluding the more remote. The rights conferred by this section shall be exercised only once in respect of a holding.
Notes.-- The rights conferred by this section shall be exercised only by the categories of landlords mentioned in sub-section (13). This section does not abridge the rights of a small holder. He is entitled to the rights and the benefits conferred by the other provisions of the Act also irrespective of the fact whether he is a small holder or not. For example he will be entitled to the rights of resumption of lands held by a tenant having fixity under section 10. As per Section 18 a small holder is one who does not own more than ten acres of double crop nilam or its equivalent or who does not possess more than five acres of double crop nilam or its equivalent. Section 34 provides that a tenant possessing more than 15 acres of double crop nilam or its equivalent should pay a small holder all the arrears rent outstanding on 11th April 1957. Section 56 provides that the provisions of section 41 to 55 of the Act regarding the vesting in Government of landlords rights in lands held by tenants and assignment of such rights to tenants shall not apply to a holding held by a tenant under a small holder except to the extent otherwise specifically provided in the Act. Section 71 of the Act provides for the assignments of land vested on Government to small holders who are not entitled to resume any land.
(1) Where the rent is payable in kind it shall be paid either in kind or in money at the option of the tenant and the tenant shall be entitled to a receipt in writing signed by the landlord receiving the rent, showing the amount of the rent in kind or money received, and the year for which it is credited together with the details of the lands for which it is paid.
(2) The money value of the rent payable in kind unless it is specified in the document evidence the contract of tenancy shall be computed with reference to the rates published in the Gazette under section 26 for the date on which the rent is payable and if no such rate is published for that date, at the rate for the nearest previous date for which a rate is so published:
Provided that where in respect of any commodity the price has not been published in the Gazette, the money value of such commodity shall be calculated at the market rate prevailing on the date on which the rent is due.
Where in respect of a holding there are intermediaries at the commencement of this Act the rent payable by an intermediary to his immediate landlord shall be reduced in proportion to the reduction, in the rent payable to him by the tenant immediately under him, on account of the determination of the rent payable under section 16.
Illustration.--A, the landowner, has given a lease of nilam for 120 paras of paddy to B. B has sub-leased it to C for 150 paras of paddy and C has further subleases it to D for 180 paras of paddy, the sub-leases having been created before the commencement of this Act. The fair rent of the holding is fixed as 90 paras of paddy. D has to pay C 90 paras, C will have to pay 75 paras, and B will have to pay 60 paras.
Where by act of parties or operation of law the interest of the landlord or of the tenant in the land demised has been severed, a suit may be instituted by the landlord or the tenant for the apportionment of rent and the security for rent, if any. The court shall pass a decree apportioning these amounts and directing the execution of a lease deed on the basis of such apportionment within a specified period and make such order as to the costs of suit as it may deem ft. If within the time fixed by the court such deed is not executed, the court shall, on an application by the person in whose favour such deed is to be executed and on the deposit by such person of such amount as the court may direct, execute the deed on behalf of the person in default and the deed so executed shall be deemed to be a deed executed by the person in default and the court shall by order direct that the cost of execution of the deed may be realised by the applicant from the person in default. The order of the court shall be enforceable as if it were a decree passed by that court under the Code of Civil Procedure, 1908.
(1) As between the tenant and the landowner the former shall be liable for any cess or special charges leviable by the Government for special or additional crops raised.
(2) A tenant making any payment towards basic tax or any tax payable to the Government or to any local authority shall be entitled to deduct the same from the rent payable by him to his landlord unless under the contract of the tenancy or under any law for the time being in force the tenant is liable to make such payment:
Provided that no such reduction shall be made if the rent payable by the tenant to the landlord is less than the basic tax.
(1) Where there has been a damage to or a failure of crops owing to causes beyond the control of the tenant in any holding, the tenant shall be entitled to a remission of the rent payable by him in proportion to the extent of such damage or failure.
(2) The District Collector shall, on an application to him by the tenant, determine the extent of damage to, or failure of, crops under subsection (1) and order such remission of rent as appears to him just and proper. The decision of the Collector shall be final and the tenant shall be entitled to get the benefit of the remission so ordered.
(1) A tenant shall, when a portion of the land comprised in the holding is acquired under any law for the time being in force for the compulsory acquisition of land for public purposes, be entitled to an abatement in the rent in the same proportion as the yield from the portion acquired bears to the yield from the entire holding.
(2) Where any material part of the holding is wholly destroyed or rendered substantially and permanently unfit for the purpose for which it was let, by fire, tempest or flood or violence of any army or mob or other irresistible force, the rent payable shall be proportionately reduced.
(3) Where in any instance under sub-section (2) the holding has been rendered permanently unfit for the purpose for which it was let the tenant shall be entitled thereupon to surrender the holding to the landlord.
(1) Notwithstanding any contract to the contrary, express or implied, no tenant shall be liable to pay to this landlord as rent any customary dues or renewal fees or anything more or anything else than the rent payable under section 16 or section 17 or section 18, as the case may be, and interest if any, thereon.
(2) Arrears of rent shall carry interest at the rate of six per cent per annum or at the contract rate whichever is less.
The Government shall cause to be published every month in the Gazette and at the Taluk Headquarters lists of prices prevailing in each taluk of commodities the commutation rates of which are necessary for the purposes of this Act.
(1) Munsiffs may summarily try and dispose of suits by landlords for recovery of arrears of rent when the amount or value of the suit does not exceed two hundred rupees.
(2) In such suits, the court shall, except as hereinafter provided follow the procedure prescribed for the trial of small cause suits, and the court may decide any question of title to immovable property or status which may be necessary for the determination of the suits, but such decision shall not be Resjudicata in any proceeding other than a suit under this section.
(3) Notwithstanding anything contained in the Court Fees Act for the time being in force, the court-fee payable on the plaint in such suits shall be the same as on an application when the arrears to be recovered have accrued due within 12 months of the date of the institution of the suit.
The decision passed in a suit under section 27 shall not be appealable.
If the landlord refuses to accept a tender of the rent or if the tenant is doubtful as to the person entitled to receive the same and no suit has been brought against the tenant for recovery of the said dues, the tenant may apply to the court for permission to pay the same through the court.
Along with the said application, the tenant shall deposit in court the said dues together with interest, if any, accrued thereon.
When an application and deposit have been made under section 29 the court shall cause written notice thereof to be given at the cost. of the applicant to every person who, in the opinion of the court, is entitle to be heard thereon and after hearing such of them as appeal, order the payment of the amount to the person entitled or bound to receive it and make directions regarding any interest, cost and such other matters as the court may deem fit.
Nothing in this section shall effect the right of any person to recover the said amount by suit from the person to whom it is paid, but the order allowing the application shall be deemed a full acquittance to the tenant in respect of the amount recovered by it.
Arrears of rent due to the landlord, together with interest thereon shall be a charge on the interest of the tenant in the holding and shall, subject to the priority of the rights of the Government and any local authority for arrears of tax, cess or other dues, be a first charge on such interest of the tenant.
(1) Any person deriving an interest in holding of a tenant by virtue of a title acquired by act of parties or by operation of law shall, where such interest is acquired after the commencement of this Act, within a month from the date of such acquisition, give registered notice of his interest in the holding to the landlord and the intermediaries, if any. The said notice shall contain particulars of the property, it extent the nature of the interest acquired and the date of acquisition of such interest.
(2) Where default is made by a tenant in the payment of rent, his landlord shall give registered notice of the default to the persons who have acquired interest in the holding prior to the date of such default and who have notified the existence of their interest under sub-section (1). The person having interest in the holding shall be entitled to pay the arrears and the landlord shall be bound to receive such payment.
Provided that a person who has acquired interest only in a portion of the holding, shall be bound to pay only so much of the rent or arrears of the same, as will apportionment fall on such portion of the holding. In the absence of agreement such apportionment shall be made by the court on application made to it by such person within one month from the date of service of the notice of default.
(3) All applications for apportionment under the proviso to sub-section (2) shall, notwithstanding anything contained in the Kerala Civil Courts Act, 1957, be made to the court of the Munsiffs within whose jurisdiction the holding is situate.
The order of apportionment shall have the force of a decree and be appealable as such.
Subject to the provisions of this Act, all rights which a tenant has in his holding, shall be heritable and alienable.
(1) All arrears of rent outstanding on 11th April 1957 from a tenant belonging to any of the classes specified in column (1) below to his landlord, whether the same be payable under a decree or order of court or under any law or contract shall be deemed to be fully discharged if payment of the amount specified against it in column (2) is made within one year of the commencement of this Act.
| Class of tenant | Amount Payable for the discharge of entire arrears |
|---|---|
| I. Tenant holding less than 5 acres of double crop nilam or its equivalent in the aggregate. | One years rent or the actual amount in arrears whichever is less. |
| II. Tenant holding 5 acres and more but less than 15 acres of soluble crop nilam or its equivalent in the aggregate. | Two years rent or the actual amount in arrears whichever is less. |
| III. Tenant holding 15 acres of double crop nilam or its equivalent or more in the aggregate. | Three years rent or the actual amount in arrears whichever is less. |
Provided that where an intermediary has collected rent in excess of the amount payable under this sub-section, for any period prior to 11th April 1957 and has not paid the same to this landlords, he shall be liable to pay such excess also to his landlord.
Illustration.-- A has leased 3 acres of land to B on an annual rent of Rs. 100 and B has sub-leased it to C on an annual rent of Rs, 150, B has collected from C all the rent up to and inclusive of 11th April 1957 but has kept rent in arrears to A for 3 years. B must pay A Rs. 300, that is, arrears of all the three years and not Rs. 100 the rent for one year.
Provided further that no intermediary shall be liable to pay his landlord anything in excess of what he is entitled to receive.
Illustration.-- A has leased 9 acres of land to B who has sub-leased it equally to three tenants, falling under class I above Bs tenants are in arrears for three years and B also is a defaulter in payment to A for the corresponding period of three years. B is entitled to collect from his tenants arrears for one year only and hence the liability of B to A is in respect of arrears for one year and not two years.
Provided further that the provisions of this sub-section shall not apply to the arrears of rent due to a small holder within the meaning of section 18 by a tenant having in his possession land in excess of 15 acres of double crop nilam or its equivalent.
(2) Any rent paid by a tenant after the 11th April 1957 shall be deemed to be payments towards the rent accrued due after that date and the balance, if any, shall be credited towards arrears accrued due before the said date.
(3) Where before the commencement of this Act, any court has ordered eviction of a tenant on the ground that he has not paid arrears of rent but the tenant has been actually evicted, the decree for eviction shall be annulled on the tenant depositing the rent due as provided in subsection (1).
(4) In computing the period of limitation for the institution of suits or proceedings for recovery of arrears of rent, the time during which such institution was prohibited by section 4 of the Kerala Stay of Eviction Proceedings Act, 1957 and the period of one year allowed under subsection (1) of this section for the payment of arrears of rent shall be excluded.
Notes.-- The provisions for payment of arrears of rent by a kudikidappukaran is contained in section 38. The provisions of sub-section (1) will not apply to arrears of rent due to a small holder from a tenant having in his possession 15 acres of double crop nilam or its equivalent. The Kerala Stay of Eviction Proceedings Ordinance, 1957 was promulgated on 11-4-1957. This Ordinance was repealed by the Kerala Stay of Eviction Proceedings Act, 1957.
(1) Notwithstanding any law, custom or contract to the contrary, all timber trees planted by the cultivating tenant or spontaneously sprouting and growing in his holding after the commencement of his tenancy shall belong to the cultivating tenant.
(2) Subject to the provisions of sub-sections (3), (4) and (5) in the case of timber trees standing in the holding of a cultivating tenant at the commencement of his tenancy, the cultivating tenant and if he does not require, the landowner or the intermediary, as the case may be, shall have the right to cut and remove such trees provided that the right conferred by this sub-section shall be exercisable by the intermediary only in case such timber trees were either planted by him or had spontaneously sprouted and grown during the period in which he was in possession of the holding.
(3) Where the cultivating tenant exercises his right under sub-section (2) he shall be liable to pay to the landowner or the intermediary, as the case may be, one-half of the market value of the timber trees so cut and removed.
(4) Where the landowner or the intermediary exercises his right under subsection (2) he shall be liable to pay to the cultivating tenant one-half of the market value of the timber trees so cut and removed.
(5) The right conferred by sub-section (2) shall not be exercisable unless reasonable notice thereof in writing is given to the party to be affected by the exercise of the said right.
(1) Every tenant of a kudiyiruppu shall be entitled to purchase the rights of the landlord in the Kudiyruppu, free of all encumbrance on payment of twelve times 75 per cent of the annual rent payable by him in twelve equal annual installments together with interest at 41/2 per cent per annum on the amount outstanding at the time of the payment of each installment.
(2) The tenant of Kudiyiruppu may apply to the Land Tribunal for the purchase of the rights of the landlord in the kudiyiruppu making all persons interested as parties to such application. The Land Tribunal shall on receipt of the application and after giving an opportunity to all persons interested to be heard, determine the purchase price, fix the dates for payment of the same and its apportionment among the interested parties.
(3) On deposit of the first installment of the purchase price the Land Tribunal shall intimate the fact to the Land Board and the Land Board shall thereupon issue a certificate of purchase in the prescribed form to the tenant which shall be conclusive proof of the vesting of the ownership in the tenant. The Land Tribunal shall also order payment of the deposit money to the parties entitled to it. The balance of the purchase price shall be a first charge on the land subject to any charge for the dues to the Government and to any local authority and shall be recoverable as arrears of land revenue and upon such recovery it shall be paid to the parties entitled to it.
(4) The cost of proceedings shall be in the discretion of the Land Tribunal.
(5) Any person aggrieved by any order passed by the Land Tribunal under this section may appeal against that order with in such time as may be prescribed to the court of the District Judge having jurisdiction over the area in which the kudiyiruppu is situate. The decision of the court on such appeal shall be final subject to the provisions of section 76.
(1) No kudikidappukaran shall be evicted from his kudikidappu except on the following grounds; namely:-
Explanation:- For the purpose of this sub-section a Kudikidappukaran shaft hot be deemed to have ceased to reside in the Kudikidappu if a near relative of his, who was residing with him in the Kudikidappu for a continuous period of not less than one year, continues to reside in the kudikidappu after the Kudikidappukaran has ceased to reside therein, in which case, such near relative shall be liable to pay the rent, if any, payable by the Kudikidappukaran. Near relative for the purpose of this Explanation means, husband or wife, children, grand children, father, mother, brother or sister.
(2) Notwithstanding anything contained in sub-section (1), the person in possession of the land on which there is a homestead or hut in the occupation of a Kudikidappukaran may, if the bona fide requires the land-
The kudikidappukaran shall be entitled to receive before he so shifts, from the persons providing the alternate site, the expenses reasonably required to shift to the new site.
(3) Notwithstanding anything contained in sub-section (1) and (2) where a person does not hold more than 25 cents of land within the limits of the Corporation of Trivandrum or of any Municipalities constituted under any law for the time being in force relating to the constitution of Municipalities, and there is a homestead or hut in the occupation of a Kudikidappukaran on such land, he may, if he requires the land occupied by such homestead or hut, for constructing a building for his own residence, apply to the Government for the acquisition of land to which the Kudikidappu may be shifted. In such application he shall offer to deposit, whenever called for, the cost of acquisition of 5 cents of land, if the Kudikidappu is located within the limits of the Corporation of Trivandrum or of any major Municipality and of 10 cents of land in other cases. If there are not less than 20 such applications in respect of Kudikidappus situated within the limits of the Corporation of Trivandrum or a Municipality, an officer authorised by the Government in this behalf may, after collecting the cost of acquisition from the applicants, acquire lands within such limits under the Land Acquisition Act for the time being in force, allot such lands to the Kudikidappukars and required them to shift to the lands so allotted. The Kudikidappukars shall thereupon be bound to shift to the new sites. A Kudikidappukaran shall be entitled before he so shifts to receive from the person in possession of the land on which his homestead or hut was originally located, the expenses as determined by such officer to be reasonably required to shift to the new site.
Explanation.-- For the purpose of this section major municipality shall mean the municipalities of Cannanore, Calicut, Trichur, Mattancherry, FortCochin, Ernakulam, Alleppey, Quilon and Kottayam.
Notes.-- In the Travancore Cochin area of the State the matter was governed by the T.C. Prevention of Eviction of Kudikidappukars Act, 1955. In the erstwhile district of Malabar and in the villages of Kasargod Taluk specified in the schedule to the Malabar Tenancy Act, the matter was governed by section 21, and 36 of the Malabar Tenancy Act, 1929. Certain areas of Kasargod Taluk are now included in the Taluk of Hosdurg. Kudikidappukaran is defined in section 2(20) of the Act. Where the hut belonging to the person in lawful possession of the land and if it has a value above Rupees Four hundred or the monthly rent of which exceeds Rupees four, the occupant will not be a kudikidappukaran and he will not be entitled to the benefit conferred by sections 37 to 40 of the Act. Even if the hut has not a value of more than Rupees four hundred if it is situated in a plantation or in any area which is appurtenant to a mill, factory or workshop and the permission was granted in connection with the employment of the person in the plantation or mill, the occupant will not be deemed to be a kudikidappukaran, under section 71 when the balance of lands vested in the Government as per section 62 or section 63 are assigned, the holdings in which there are kudikidappukars shall as far as possible be assigned to such kudikidappukars.
All arrears of rent, if any, payable by a Kudikidappukaran on the date of the commencement of this Act whether the same be payable under any law, custom or contract, decree or order of court shall be deemed to be discharged, if he pays one years rent or the actual amount in arrears whichever is less. On and after the commencement of this Act, notwithstanding any contract, decree or order of court a Kudikidappukaran shall not be required to pay more than six rupees yearly as rent in respect of his kudikidappu which is not situated within the limits of the Corporation of Trivandrum or of any Municipality constituted under any law for the time being to force relating to the constitution of Municipalities;
Provided that a Kudikidappukaran who was not liable to pay any rent in respect of his kudikidappu immediately before the commencement of this Act shall not be liable to pay any rent; nor shall a Kudikidappukaran be liable to pay any rent to excess, of that which he was paying before the commencement of this Act.
If the Kudikidappukaran does not comply with the demand made by the person in possession of the land under sub-section (2) of section 37 to shift to a new site, the person to possession of the land may institute a suit against him for the purpose. The court on being satisfied that the person in possession has complied with all the conditions mentioned in sub-section (2) of section 37 may pass a decree for shifting the Kudikidappu:
Provided that no such suit shall be instituted without giving the Kudikidappukaran one months notice by registered post.
(1) The rights of kudikidappukaran, to his Kudikidappu shall be heritable but not alienable.
Provided that where a near relative, not being a legal heir of the Kudikidappukaran, was residing with him continuously for a period of not less than one year immediately before his death and no legal heir was residing with him, the rights of the Kudikidappukaran shall devolve on such near relative to the exclusion of his legal heirs.
Explanation.-- For the purpose of this sub-section near relative means and includes father, mother, sister, brother and sons and daughters of such brother or sister.
(2) The Kudikidappukaran shall have the right to maintain, repair and rebuild the homestead erected by him, without exceeding the dimensions of the original homestead, at his own cost.
(1) For the purposes of this section the expression protected tenant with reference to a holding means a cultivating tenant other than the tenant of a kudiyirippu from whom no part of the holding is liable to be resumed.
(2) On the appointed day to be notified by the Government in the Gazette, all rights, title and interests of the landowner and the intermediary, if any, over lands held by protected tenants shall vest in the Government free from all encumbrances created by the landowner and the intermediary, subsisting thereon on the said day.
Notes.-- Resumption of land from tenant is dealt with in section 10. Section 18 contains some special provisions about resumption in the case of small holders.
(1) Where-
(2) Where-
if any other than the intermediary mentioned in clause (i), in respect of the said lands shall vest in the Government free from all encumbrances created by the said landowner and intermediary with effect from the date of resumption, date of restoration or the date of expiry of the period aforesaid, as the case may be.
(1) The intermediary who resumed land under section 10 and the cultivating tenant of the lands the right, title and interest over which have vested in the Government under section 41 or section 42 shall be entitled to assignment of such right, title and interest, subject to the condition that by such assignment the total extent of land owned by the intermediary or the cultivating tenant or where such intermediary or the cultivating tenant is a member of a family, by such family as the case may be, does not exceed the ceiling area fixed under section 58.
(2) Any tenant entitled to assignment of the right, title and interest over lands under sub-section (1) may apply to the Land Tribunal within six months from the date of the vesting under section 41 or section 42, as the case may be, for such assignment to him.
(3) The application for assignment shall contain the following particulars:-
(4) Where tenant is entitled to get assignment in respect only of a portion of the land held by him, he may indicate in the application under subsection (2) his choice of the land to which the assignment shall relate.
Notes.-- The ceiling, fixed under section 58 is for a family of not more than five members, 15 acres of double crop nilam or its equivalent and an additional extent of 1 acre of double crop nilam for each member in excess with a maximum limit of 25 acres, in the case of an adult unmarried person it is seven and a half acres of double crop nilam or its equivalent.
(1) As soon as may be after the receipt of the application under section 43 the Land Tribunal shall publish or cause to be published a public notice in the prescribed form in each village within its jurisdiction calling upon-
(2) It shall be open to any person interested in the land to apply to the Land Tribunal even where notice under sub-section (1) has not been received by him, stating the nature of the claim or objection and the relief he requires.
(3) Where any tenant fails to apply within the period specified in section 43 he shall continue as tenant holding under the Government and shall be liable to pay to the Government rent payable in respect of the land from the date on which the right, title and interest over the land vested in the Government, such rent being recoverable as arrears of land revenue under the provisions of the Revenue Recovery Act for the time being in force. Notwithstanding anything contained in section 3, the provisions of sections 6, 16 and 17 shall apply to such tenant:
Provided that the Land Tribunal may admit an application after the expiry of the aforesaid period, if the applicant satisfies the Land Tribunal that he was prevented by any sufficient cause from making such application in time.
(4) The Land Tribunal may after giving an opportunity to the landowner, intermediary and other person interested in the land to be heard and after enquiry, by order, allow the application. The order shall specify the extent, survey number and such other particulars as may be prescribed, of the land to which the assignment relates and the purchase price to be paid by the tenant for the assignment. Where a tenant is entitled to assignment relating only to a portion of the land comprised in his holding, the land to which the order of assignment relates shall, as far as practicable, be within a survey number or contiguous survey numbers.
Notes:- Section 6 deals with the fixity of tenure of tenant. Section 16 provides for the determination of the rent payable by tenants. Section 17 stipulate the rent to be paid when the Land Tribunal has not determined the rent.
(1) The purchase price payable by the tenant shall be the aggregate of-
(b) 16 times the fair rent determined under this Act in respect of the land.
Explanations.-- For the purposes of this sub-section-
(2) The purchase price shall be payable in 16 equal annual installments.
(3) Notwithstanding any thing contained in sub-section (2) it shall be open to the tenant to pay the entire purchase price in a lump, in which case, the purchase price shall be seventy-five per cent of the amount as calculated under sub-section (1).
(1) On the determination of the purchase price under section 45 the tenant shall deposit with the Land Tribunal to the credit of the Land Board where the amount of the purchase price is to be paid in a lump the whole of such amount within one year, or, where the purchase price is to be paid in installments, the first installment thereof within three months from the date on which the purchase price was so determined or where there has been an appeal under section 51 against the order of the Land Tribunal determining the purchase price, from the date on which the appellate authority passed final order on such appeal. Where a person elects to pay the purchase price in a lump, he shall nevertheless pay the installment, if any, which falls due before the date fixed for payment of the lumpsum and credit shall be given to the installment so paid at the time of payment of the lump sum.
(2) Where a tenant fails to deposit the first installment on or before the due date no assignment shall be made to him and he shall continue as tenant, holding under the Government, and such tenant shall be liable to pay the rent payable in respect of the land to the Government from the date on which the right, title and Interest over the land vested in the Government.
Notwithstanding anything contained in section 3, the provisions of sections, 6, 16 and 17 shall apply to such tenant.
(3) Where the purchase price is paid in the installment the second and subsequent installments shall be deposited in the Government Treasury in the prescribed manner to the credit of the Land Board.
(4) Pending an appeal under section 51, the tenant shall deposit on the due date the purchases price or the installment thereof as, determined by the Land Tribunal. On the final decision of the appeal, the excess if any, in the deposit shall be adjusted towards the future installment and where there is no such future installment it shall be refunded to the tenant.
(5) Where a tenant has taken an assignment, interest at the rate of 41/2 per cent per annum shall accrue on the purchase price from the date on which the right, title and interest of the landlord vested in the Government and the tenant shall be bound to pay the purchase price with such interest. Where the purchase price is payable in installments, the amount outstanding after payment of each installment shall bear interest at the rate of 41/2 per cent per annum.
(6) Pending the determination of the purchase price under section 45 or where there has been an appeal against the determination of the purchase price, pending orders on such appeal, the tenant shall deposit with the Land Tribunal, an amount equal to the rent which would have been payable by him on the dates on which such rent would have become due if the right, title and interest over the land were not vested in the Government. The Land Tribunal shall after intimating the Land Board, pay such amount to the landowner and the intermediaries in proportion to the rent due to them immediately before the vesting in the Government as part payment of the compensation on taking proper security, in case it is found that the landlord is entitled to such amount. The amount so paid by the tenant shall be deducted from the purchase price payable by him and he shall be liable to pay only the balance amount.
(7) A tenant to whom an assignment has been made under section 43 shall be liable to pay to the Government and to any local authority all taxes, cesses and other public charges due in respect of the land to which the assignment relates as from the date on which the right, title and interest vested in the Government.
(8) Notwithstanding anything contained in this Act or in section 7 of the Land Tax Act, 1955, any person continuing as tenant under the Government under sub-section (3) of section 44 or sub-section (2) of this section shall be liable to pay to the Government and to any local authority all taxes, cesses and other public charges due in respect of the land.
Notes:- Please refer to note under section 44.
For the purchase price there shall be a first charge on the land subject to the charges for any dues payable to the Government and any installment in default of the purchase price shall be recoverable as an arrear of land revenue under the provisions of the Revenue Recovery Act for the time being in force.
On the deposit of the purchase price in a lump or of the first installment of such price, the Land Board shall make the assignment as provided in section 43 in such form as may be prescribed.
In the enquiry held under section 44 the Land Tribunal shall determine by an order the value of the interests of the landowner and the intermediary, if any, in the land the right, title and interest over which vested in the Government, after giving an opportunity to them to be heard. The value of the interest of the landlord shall, where there is no intermediary, be the purchase price determined under section 45. Where there is an intermediary the value of interest of the landlord and the intermediary shall be such portion of the purchase price as would fall to the landowner and the intermediary respectively on a division of the purchase price in proportion to the profits derived by each from the land. Where there has been no assignment the value of interest shall be determined at-
Explanations.-- Profits derived form the land shall, for the purpose of this subsection, mean in the case of the landowner, the rent to which he is entitled and in the case of an intermediary the difference between the rent due to him from his tenant and the rent for which the intermediary is liable to his landlord.
(1) In the enquiry held under section 44 the Land Tribunal shall determine by an order-
(2) Where the right, title and interest vested in the Government, from part of the security for an encumbrance, maintenance or alimony, the Land Tribunal shall for the purpose of discharging the same, apportion the entire encumbrance, maintenance or alimony, between the security vested and the portion of the security remaining, in proportion to the values