THE KERALA CULTIVATORS AND TENANTS (TEMPORARY PROTECTION) ACT, 1970
(ACT 20 OF 1970)[1]
An Act to provide for the stay of
suits and other proceedings for determination of rights in respect of lands occupied by
certain classes of persons, for the temporary Protection of tenants against proceedings
for the recovery of arrears of rent and for matters incidental thereto
Preamble.
_
WHEREAS it is expedient to provide for the stay of suits and
other proceedings for determination of rights in respect of lands occupied by certain
classes of persons, for the temporary protection of tenants against proceedings
for the recovery of arrears of rent and for matters incidental thereto ;
Stay of suits and other proceedings for redemption of certain mortgages
[2]2A. Stay of suits and other proceedings
for redemption of certain mortgages .-
(1) Notwithstanding anything to the contrary contained in any
other law or any judgment, decree or order of any court, where in any suit, or proceedings
in respect of any application, or appeal, or revision, or review, or proceedings
in execution of any decree or order (including proceedings incidental or ancillary
thereto), or other proceedings, in respect of any land (other than land principally
planted with rubber, coffee, tea or cardamom) comprised in a mortgage, pending before
any court or Land Tribunal or appellate authority or other authority or officer
at the commencement of the Kerala Cultivators and Tenants (Temporary Protection)
Amendment Act, 1971 or instituted or filed or initiated after such commencement,
the mortgage (in cases where the lease was granted before the 1st day of April,
1964) has filed or files a statement in writing--
(a) that he was in possession of such land for a continuous
period of not less than fifty years immediately preceding the 1st day of January,
1970 ; or
(b) that he has constructed a building for his own residence
in such land, that he was occupying such building for such purpose for a continuous
period of not less than twenty years immediately preceding the 1st day of January,
1970 and that he or where he is a member of a family, such family was not holding
any other any other land exceeding two acres in extent on the date of publication
of the Kerala Land Reforms (Amendment) Bill, 1968, in the Gazette, the court of
Land Tribunal or appellate authority or officer, as the case may be shall not proceed
with that suit, appeal, revision, review, or other proceedings, as the case may
be.
Explanation I
Explanation I .- In computing the period
of continuous possession or occupation by a lessee, the period during which the
mortgage was in possession or occupation as the case may be, may also be taken in
to account.
Explanation II
Explanation II- In computing the period of fifty years referred to in clause
(a) the period during which the predecessor-in-interest or predecessors-in-interest
of the mortgagee or lessee was or were in possession of the land may also be taken
in account.
Explanation III
Explanation III- In computing the period of twenty years referred to in clause
(b), occupation of the building by any member of the mortgage
or lessee for residential purpose may be considered to be occupation by the mortgagee
or lessee as the case may be, for such purpose.
Explanation IV
Explanation IV.- For the purposes of clause (b),--
Mortgagee or Lessee
(i)"mortgagee" or "lessee" shall include
a predecessor-in-interest of the mortgagee or "lessee", as the case may
be ;
Building
(ii) "building" includes a hut.
(2) Nothing contained in sub-section (1) shall apply in any
case where the party who has filed or files the statement referred to in that sub-section
is admitted to be tenant of the land to which that statement relates".)
BE it enacted in the Twenty-first Year of the Republic of India
as follows:--
Short title, extent, commencement and duration
1.Short title, extent, commencement and duration
.- ( 1) This Act may be called the Kerala Cultivators and Tenants
Temporary Protection) Act, 1970.
(2) Save as otherwise expressly provided in this Act, it extends
to the whole of the State of Kerala .
(3) It shall come into force at once and shall cease to have
effect on the (16th day of April, 1972) [1]
(4) Upon the expiry of this Act, the provisions of section 4
of the Interpretation and General Clauses Act, 1125 (vii of 1125), shall apply as
if this Act had then been repealed by an Act of the Kerala State Legislature.
Interpretation
2. Interpretation .-Words an expressions
used in this Act shall have the meanings respectively assigned to them in the Kerala
Land Reforms Act, 1963 (1 of 1964).
Stay of suits and other proceedings for determination of rights in respect of lands occupied by certain classes of persons
3. Stay of suits and other proceedings for
determination of rights in respect of lands occupied by certain classes of persons.-(1) Notwithstanding anything to the contrary contained in any other law, or
in any judgment, decree or order of any court, where in any suit or proceedings
in respect of any application or appeal or revision or review or proceedings in
execution of any decree or order (including proceedings incidental or ancillary
thereto) or other proceedings, in respect of any land, pending before any court
or Land Triubunal or appellate authority or other authority or officer at the commencement
of this Act, or instituted or filed or initiated after such commencement, any party
thereto has filed or files a statement in writing that he was in occupation of such
land at the commencement of the Kerala Land Reforms (Amendment) Act, 1969, and--
(a) that such land is situated in Malabar and that he or his
predecessor-in-interest was continuously in occupation of such land honestly believing
himself to be a tenant for not less than two years within a period of twelve years
immediately preceding the 11th day of April, 1967 ; or
(b) that such occupation was on the basis of a registered deed
purporting to be a lease deed and that he or his predecessor-in-interest was in
occupation of such land on the 11th day of April, 1957, on the basis of that deed,the
court or Land Tribunal or appellate authority or other authority or officer, as
the case may be, shall not proceed with that suit, appeal, revision, revenue or
other proceedings, as the case may be.
(2) Nothing contained in sub-section (1) shall apply any case
where the party who has filed or files the statement referred to in that sub-section
is admitted to be a tenant of the land to which that statement relates.
Stay of suits, applications, etc., for arrears of rent
4.Stay of suits, applications, etc., for arrears
of rent.- (1) Notwithstanding anything to the contrary contained in any
other law, or in any contract, or in any judgment, decree or order of any court
or Land Tribunal, with effect on and from the commencement of this Act,-
(a) no suit or application or other proceedings for the recovery
of arrears of rent in respect of a holding or part of a holding accrued due before
the 1st day of May 1968; or
(b) no application for, or proceedings in, execution of a decree
or order for the recovery of such arrears of rent or other application or proceedings
incidental or ancillary thereto,shall lie in any court or Land Tribunal; and all
suits, applications and other proceedings for recovery of such arrears of rent and
all proceedings in execution of decrees or orders for recovery of such arrears of
rent and other proceedings incidental or ancillary thereto, pending in courts or
Land Tribunals at the commencement of this Act, shall stand stayed.
(2) All appeals against decrees or orders relating to arrears
of rent in respect of a holding or part of a holding accrued due before the 1st
day of may, 1968, and all revisions against decrees or orders relating to such arrears
of rent, pending in any court or appellate authority at the commencement of this
Act, shall stand stayed, and no court or appellate authority shall proceed with
any such appeal or revision filed after such commencement.
Stay of certain applications
5. Stay of certain applications.- (1)
Notwithstanding anything contained in section 13C of the Kerala Land Reforms Act,
1963 (1 of 1964), all proceedings pending in any court at the commencement of this
Act, in respect of any application filed or purported to have been filed under that
section, shall stand stayed.
(2) Notwithstanding anything to the contrary contained in any
judgment or order of any court, all proceedings, pending in any court or Land Tribunal
at the commencement of this Act, in respect of any application filed or purported
to have been filed under sub-section (2) of section 45A of the Kerala Land Reforms
Act, 1963 (1 of 1964), shall stand stayed.
Limitation
6.Limitation.- In computing the period
of limitation for the institution of suits, applications or other proceedings prohibited
under this Act, the time during which such suits, applications or other proceedings
were prohibited under this Act and under the Kerala Stay of Recovery of Arrears
of Rent Ordinance, 1970 (18 of 1970), shall be excluded.
Exemption
7. Exemption.- Nothing in this Act shall
apply in respect of any lease or tenancy exempted from the provisions of the Kerala
Land Reforms Act, 1963 (1 of 1964), by section 3 thereof.
Repeal and Saving
8. Repeal and saving. (1) The Kerala Stay of Recovery of Arrears of Rent Ordinance, 1970 (18 of
1970), is hereby repealed.
(2) Notwithstanding such repeal, anything done or any action
taken under the said Ordinance shall be deemed to have been done or taken under
this Act, as if this Act had commenced on the 17th day of October, 1970.
