Bar of proceedings under Chapter X of the Code of Criminal Procedure in certain cases

Bar of proceedings under Chapter X of the Code of Criminal Procedure in certain cases. (1) Where a person claiming to be a tenant applies for the preparation of a record of rights or for the determination of the fair rent or for the purchase of the right, title and interest of the landowner and the intermediaries, if any, in respect of the land cultivated by him, then, notwithstanding anything contained in any other law, no magistrate shall have jurisdiction under Chapter X of the Code of Criminal Procedure, 1973 (Central Act 2 of 1974), in respect of a dispute between that person and any other person claiming to be in possession of that land relating to that land, pending disposal of the application.

(2) Where, in respect of any land, proceedings under Chapter X of the Code of Criminal Procedure, 1973, were initiated while proceedings for the determination of the fair rent in respect of that land were pending and the possession of the land was handed over to the landlord in the proceedings under the said Chapter X, and a suit to declare the right to possession of such land was pending in any civil Court of competent jurisdiction on the date of publication of the Mahe Land Reforms (Amendment) Bill, 1980, in the Official Gazette, then, notwithstanding anything contained in Chapter X of the Code of Criminal Procedure, 1973 (Central Act 2 of 1974), or order of any court of any record regarding possession, the person who applied for the determination of the fair rent or his successor-in-interest shall,---

(a) if he was actually in possession on such date, be entitled to continue in possession of such land subject to the final decision in such suit; and

(b) if he was not in possession on such date, be entitled to restoration of possession and to continue such possession till the final decision in such suit.

(3) Any person who is entitled to be restored to possession of any land under sub-section (2) may make an application in writing within a period of six months from the commencement of the Mahe Land Reforms (Amendment) Act, 1980, to the Deputy Collector (Revenue), Mahe, for the restoration of possession of such land.

(4) The Deputy Collector (Revenue), Mahe, shall, on receipt of an application under sub-section (3), 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 under sub-section (2), he shall by order direct the person in 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.

(5) Every order made under sub-section (4) shall be served in such manner as may be prescribed.

(6) Any person aggrieved by an order of the Deputy Collector (Revenue), Mahe, under sub-section (4) may, within a period of thirty days from the date of service of the order, prefer an appeal to the Collector, and the order of the Collector on such appeal shall be final.

(7) Where an order made under sub-section (4) 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 Deputy Collector (Revenue), Mahe, 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.