section 1
Published in the Gazette Extraordinary No.388, dated 2nd December 1970
The Kerala Cultivators and Tenants (Temporary Protection) Act, 19703 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 ;
- (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:-- 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section 4 of the Interpretation and General Clauses Act, 1125 (vii of 1125), shall apply as if this Act had then been repealed by an Act of the Kerala State Legislature.
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