The Kerala Cultivators and Tenants (Temporary Protection) Act, 1970

THE KERALA CULTIVATORS AND TENANTS (TEMPORARY PROTECTION) ACT, 1970 (Act 20 of 1970)

³ Substituted by Act 3 of 1972

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- 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-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.- For the purposes of clause (b),--

(i)"mortgagee" or "lessee" shall include a predecessor-in-interest of the mortgagee or

"lessee", as the case may be ;

1. (ii) "building" includes a hut.

1. (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:-- 1. Short title, extent, commencement and duration.-(1) This Act may be called the Kerala Cultivators and Tenants Temporary Protection) Act, 1970.
2. (2) Save as otherwise expressly provided in this Act, it extends to the whole of the State of Kerala.
3. (3) It shall come into force at once and shall cease to have effect on the (16th day of April, 1972)1
4. (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section 4 of the Interpretation and General Clauses Act, 1125 (vii of 1125), shall apply as if this Act had then been repealed by an Act of the Kerala State Legislature.

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).

(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

1 Substituted by Act 3 of 1972

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--

1. (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
2. (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.

1. (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.

1. (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. (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.

(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.

1. (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 subsection (2) of section 45A of the Kerala Land Reforms Act, 1963 (1 of 1964), shall stand stayed.

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.

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.

1970 (18 of 1970), is hereby repealed.

1. (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. ----------------------