section 45
Tenant's right to obtain receipt
The Kerala Land Reforms Act, 1963(1) Every tenant paying any rent shall be entitled to receive and the landlord shall be bound to grant a receipt containing such particulars as may be prescribed. (2) If any landlord fails to grant a receipt as provided under sub-section (1), the tenant shall be entitled to send by money order, after deducting the charges for doing so,— (i) the money, if the rent is payable in money; and (ii) the money value of the rent, if it is payable in kind. (3) Notice of any deposit made under sub-section (1) shall be given to the landlord by the court, and the cost of the notice shall be paid by the tenant so depositing the rent, and the landlord shall be at liberty to withdraw such amount under the orders of the court. (4) Where the rent is payable in kind, the amount to be paid or deposited under sub-section (1) shall be computed at the market rate of the commodity prevailing on the date on which the rent became payable under the contract of tenancy or under any law or under any custom or usage. (5) Where any amount deposited under sub-section (1) is found to be less than the amount to be deposited under that sub-section computed in the manner specified in sub-section (4) due to bona fide error in the computation, the court may allow the person who has deposited the amount, reasonable time for depositing the balance amount, and, where the balance amount is deposited within the time so allowed, the person who has so deposited shall be deemed to have deposited the amount within the time allowed under sub-section (1). (6) Where a tenant fails to make the payment or deposit as required under item (i), item (ii) or item (iii) of sub-section (1) within the period specified therefor, the tenant shall forfeit the benefits conferred by that sub-section in so far as it relates to the arrears of rent specified in that item, and he shall be liable to pay the entire arrears lawfully recoverable for the period to which such arrears relate. (7) Notwithstanding anything contained in this section, a tenant who has paid the amount as provided in section 34 of the Kerala Agrarian Relations Act, 1960, or in section 5 of the Kerala Ryotwari Tenants and Kudikidappukars Protection Act, 1962, for the discharge of arrears of rent outstanding on the 11th April, 1957, or the arrears of rent accrued due after the 11th April, 1957 and outstanding on the 15th February, 1961, on or before the date specified in those Acts for the payment of the amount, shall not be liable to pay any amount towards arrears of rent for that period. (8) The assignment by a landlord of his right to receive arrears of rent to any other person shall not affect the rights of the tenant under this section for the discharge of arrears of rent.
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