Grounds for eviction of customary verumpattamdar, kuzhikanamdar, kanam-kuzhikanamdar or kanamdar

Grounds for eviction of customary verumpattamdar, kuzhikanamdar, kanam-kuzhikanamdar or kanamdar: No suit for eviction of a customary verumpattamdar, kuzhikanamdar, kanam-kuzhikanamdar or kanamdar shall lie at the instance of his landlord except on the following grounds:-

1. (1) that the tenant has wilfully denied the title of the landlord before the date of such suit. Explanation.-A denial of the landlord's title under a bona fide mistake of fact is not wilful within the meaning of this clause;
2. (2) that the tenant has intentionally and wilfully committed such acts of waste as are calculated to impair materially and permanently the value or utility of the holding for agricultural purposes;
3. (3) that the tenant has collusively allowed a stranger to encroach on the holding or part thereof adversely to the interest of the landlord;
4. (4) that the period of the verumpattam, kanam, kanam-kuzhikanam or kuzhikanam, as the case may be, has expired and the landlord needs the holding bona fide for the purpose of raising crops or other produce for his own maintenance or for that of any member of his tarwad, tavazhi, illom, kutumba, kavaru or family who has a proprietary and beneficial interest in the holding; Explanation.-In considering requirements for maintenance, regard shall be had only to primary needs.
5. (5) that the period of the verumpattam, kanam, kanam-kuzhikanam or kuzhikanam, as the case may be, has expired and the landlord needs the holding or part thereof for the purpose of constructing a building bona fide for his own residence or for that of any member of his tarwad, tavazhi, illom, kutumba, kavaru or family who has a proprietary and beneficial interest in the holding;
6. (6) that the period of the verumpattam, kanam, kanam-kuzhikanam or kuzhikanam, as the case may be, has expired and the landlord being the trustee of a temple, mosque, church or other place of public religious worship and holding the land in trust for the purposes thereof, needs the holding for the extension of the temple, mosque, church or other place and the Collector certifies that the holding is so needed: Provided that, in cases falling under clause (3), clause (5) or clause (6), where only a part of the holding has been encroached upon or is needed, as the case may be, the eviction shall be from such part of the holding only: Provided further that-
   • (i) no tenant shall be evicted on the ground specified in clause (4) or clause (5) by any sthani or by the trustee of any temple, mosque, church or other place of public religious worship or of any other public religious or charitable institution or endowment;
   • (ii) nothing contained in clauses (4) to (6) shall apply to the holding or that portion of the holding which consists of a kudiyiruppu, [or a protected ulkudi];
   • (iii) no person whose right to evict arises under an instrument of transfer inter vivos shall be entitled to sue for eviction on the ground specified in clause (4) or clause (5) until the expiry of two years from the date of the instrument: Provided also that no suit for eviction on the ground specified in clause (4) or clause (5) shall be instituted except-
   • (a) in cases where the period of the lease has expired before the commencement of the Malabar Tenancy (Amendment) Act, 1951, within one year from the date of such commencement and in every twelfth year thereafter; and
   • (b) in other cases, within one year from the expiry of the period of the lease and in every twelfth year thereafter. Explanation.-In the case of a landlord governed by a law other than the Marumakkattayam law or the Aliyasantana law, the wife or husband and the father, mother and children of the landlord shall be deemed to be members of the landlord's family having a proprietary and beneficial interest in the holding.