Insertion of new sections 7A, 7B, 7C and ID

After section 7 of the principal Act, the following sections shall be inserted, namely:—

"7A. Restoration to certain persons of their Land .— (1) Not withstanding anything to the contrary contained in any law, or in any contract, custom or usage, or in any judgment, decree or order of court, where any person has been evicted from the land in his occupation on or after the 1st day of April, 1964 and such eviction would not have been made if the Kerala Stay of Eviction Proceedings (Amendment) Act, 1969 had been in force at the time, such person shall be entitled subject to the provisions of this section, to restoration of possession of the land; Provided that nothing in this sub-section shall apply in any case where the said land has been sold to a bona fide purchaser under a registered document for consideration on or before the date of publication of the Kerala Land Reforms (Amendment) Bill, 1968, in the Gazette. (2) Any person entitled to restoration of possession under sub section (1) may within a period of sixty days from the commence ment of the Kerala Stay of Eviction Proceedings (Amendment) Act, 1969, apply to the court for restoration of possession of the land. (3) The court shall, if satisfied after such summary enquiry as the court deems fit, restore the applicant to the possession of the land. (4) The court may also order the applicant to deposit in court the compensation, if any, received by the applicant under any decree, or order of court towards value of improvements or otherwise and the value of improvements, if any, effected on the land after the eviction as may be determined by the court. 7B. Restoration of possession of tenants dispossessed under Chapter XII of the Code of Criminal Procedure.— (1) Where any person claiming to be a tenant of any land has been actually dis possessed in any proceedings under Chapter XII of the Code of Criminal Procedure, 1898, after the determination of fair rent in respect of that land and a suit for setting aside the order in the proceedings under the said Chapter XII was pending in any civil court of competent jurisdiction on the date of publication of the Kerala Land Reforms (Amendment) Bill, 1968, in the Gazette, then notwithstanding such dispossession and notwithstanding anything contained in any judgment, decree or order of court or any record of dispossession the person claiming to be tenant shall, if he was actually in possession on the said date, be entitled to continue in possession of such land subject to the final decision in such suit and if he was not in possession on the said date be entitled to restoration of possession and to continue such possession till the decision in such suit. (2) Any person who is entitled to be restored to possession of any land under sub-section (1) may make an application in writing within a period of sixty days from the commencement of the Kerala Stay of Eviction Proceedings (Amendment) Act, 1969, to the Revenue Divisional Officer having jurisdiction over the area in which the land is situate for the restoration of possession of such land. (3) The Revenue Divisional Officer shall, on receipt of an application under sub-section (2) make or cause to be made necessary enquiries in respect of such application and if he is satisfied that the applicant is entitled to restoration of possession of the land to deliver possession of the same to the applicant within a period of thirty days from the date of service of the order: Provided that no order under this sub-section shall be made unless the person who is in possession of the land has been given an opportunity of being heard in the matter. (4) Any person aggrieved by an order of the Revenue Divisional Officer under sub-section (3) may, within a period of thirty days from the date of service of the order, prefer an appeal to the Collector of the District in which the land is situate, and the order of the Collector on such appeal shall be final. (5) Where an order made under sub-section (3) has not been complied with, and— (a) no appeal has been preferred within the time allowed for such appeal; or (b) an appeal having been preferred has been dismissed, the Revenue Divisional Officer shall cause the land to be delivered to the applicant by putting him in possession of the land, and if need be, by removing any person who refuses to vacate the same. 7C. Customary, Easement and other rights of Kudikidappukaran. —(l) Notwithstanding anything contained in any law or in any contract or in any judgment, decree or order of court, the kudikidappukaran shall be entitled to all rights accrued to him by custom, usage or agreement and which he was enjoying immediately before the commencement of the Kerala Stay of Eviction Proceedings (Amendment) Act, 1969. ( 2) Notwithstanding anything contained in any law, or in any judgment, decree or order of court, but without prejudice to any rights to which a kudikidappukaran may be entitled under any other law for the time being in force or under any custom, usage or contract, a kudikidappukaran shall have all the rights and privileges provided in the Indian Easements Act, 1882 (5 of 1882) had such Kudikidappukaran been the owner of the kudikidappu from the date from which it was erected or occupied, as the case may be, and he shall, for the purposes of supply of electrical energy or water from a pipe supply of water to the kudikidappu for domestic consumption and use, be deemed to be the owner or occupier or both, as the case may be, of the land in which the kudikidappu is situate. 7D. Penalty for disturbance of customary, easement and other rights of kudikidappukaran.— Any person who in any manner disturbs or interferes with the customary, easement or other rights to which a Kudikidappukaran is entitled under this Act shall be punishable with imprisonment for a term which may extend to one year or with fine which may extend to two thousand rupees or with both; and notwithstanding anything contained in section 123 of the Kerala Land Reforms Act, 1963 (1 of 1964), an offence under this section, shall be a c ognizable offence.".