section 11A
Resumption by small holder from tenants holding more than the ceiling area
The Mahe Land Reforms Act, 1968(1) Notwithstanding anything contained in section 12 or section 13, a small holder (other than a sthanee or the trustee or owner of a place of public religious worship) may resume from his tenant, who is in possession of land exceeding the ceiling area, the whole or a portion of the holding, subject to the condition that by such resumption the total extent of land in the possession of the cultivating tenant is not reduced below the ceiling area and the total extent of land in the possession of the small holder is not raised above five acres: Provided that no small holder shall be entitled to resume under this section any land in the possession of a tenant who is a member of a Scheduled Caste. Explanation. – In this section, reference to the ceiling area in relation to the tenant shall, where such tenant is a member of a family, be construed as reference to the ceiling area in relation to that family. (2) An application under sub-section (1) shall be made within a period of six months from the commencement of the Mahe Land Reforms (Amendment) Act, 1980. (3) Where more small holders than one apply for resumption of land from the same tenant and the extent of land in the possession of the tenant in excess of the ceiling area is less than the aggregate of the extent of land applied to be resumed by the small holders, the Land Tribunal shall allow resumption by all the small holders equitably having regard to all circumstances.
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