Limitation for suits for restoration under sections 24 and 26

The Malabar Tenancy Act, 1929

Civil192957 sections

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Statutory text

(a) A suit for restoration under sub-section (1) of section 24 or under sub-section (1) of section 26 shall be instituted within one year from the date of the transfer by the landlord, or from the expiry of the first agricultural year in which the landlord fails, without reasonable excuse, to use the major portion of the lands for the purpose for which eviction was obtained, as the case may be.
(b) A suit for restoration under sub-section (2) of section 24 or under sub-section (2) of section 26 shall be instituted within one year from the date of the transfer by the landlord if the suit is based on that ground and within one year from the expiry of three years after the eviction in other cases.

(2) If there are intermediaries between the landlord who has obtained the eviction and the person who cultivates the land, all persons whose interests in the holding are terminated by the eviction, shall be entitled to be restored to the respective interest they had at the time of the eviction as if there had been no eviction, and, in case any one of them does not claim restoration, the tenant next below him shall be entitled to claim such restoration and hold the land,
- (a) on the terms on which the person not claiming the land held it, if he and the claimant belonged to the same class, or
- (b) on the terms on which the claimant held it if he and the person who did not claim the land belonged to different classes: Provided that the tenant shall be liable to pay the amount, if any, paid in respect of the improvements existing at the time of the restoration together with the kanartham, if any, and also the value of the improvements, if any, effected bona fide by the landlord between the date of eviction and the date of suit. Explanation.—For the purpose of this section, a kanamdar, an intermediary in respect of a kanam-kuzhikanam or kuzhikanam, a cultivating kanam-kuzhikanamdar or a cultivating kuzhikanamdar, a verumpattamdar and a customary verumpattamdar, belong each to a different class. A cultivating kanamdar, a non-cultivating kanamdar and a kanamdar under a kanamdar belong to the same class, and a cultivating verumpattamdar and a non-cultivating verumpattamdar belong to the same class.

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