Right of tenants to fixity of tenure

Right of tenants to fixity of tenure. (1) Notwithstanding anything to the contrary contained in any law, custom, usage or contract, or in any decree or order of court, every tenant shall have fixity of tenure in respect of his holding, and no land from the holding shall be resumed except as provided in section 9 to 17. (2) Nothing in sub-section (1) shall confer fixity of tenure on a tenant holding under a landlord --- (i) who is a member of the Armed Forces or is a seaman, if the tenancy was created by such landlord within a period of three months before he became a member of the Armed Forces or a seaman or while he was serving as such member or seaman; or (ii) who is the legal representative of the landlord referred to in clause (i): Provided that no such landlord shall resume any land from his tenant, if he is already in possession of an extent of land not less than the ceiling area; and where he is in possession of an extent of landless than the ceiling area, the extent of land that may be resumed shall not, together with the land in his possession, exceed the ceiling area: Provided further that a tenant holding under any such landlord shall have fixity of tenure in respect of his holding if the landlord does not claim resumption of the land comprised in the holding within six months from the commencement of the Mahe Land Reforms (Amendment) Act, 1980: Provided also that where any such landlord is prevented is prevented by sufficient cause from not claiming resumption within the said period of six months and he claims resumption at any time before the date notified under section 80, the right of such tenant to fixity of tenure in respect of the holding or part thereof to which the claim for resumption relates shall cease from the date of the application claiming resumption: Provided also that such tenant shall have fixity of tenure in respect of his holding or part thereof from the date of the final rejection of such application in full or in part, as the case may be; (3) Notwithstanding anything to the contrary contained in any law, or in any contract, but subject to the provisions of sub-section (2), the landlord referred to in clause (i) or clause (ii) of sub-section (2) shall be entitled to apply for the resumption from his tenant of the whole or part of his holding within six months from the commencement of Mahe Land Reforms (Amendment) Act, 1980, or if such landlord is prevented by sufficient cause from applying for resumption within such period, at any time before the date notified under section 80.