section 53
Surrender deeds executed by tenants previously not to affect their rights in certain cases
The Malabar Tenancy Act, 1929Civil192957 sections
Statutory text
Provided that the landlord or, his successor-in-interest has not admitted any other tenant to the possession of the land before the 28th March 1953.
- (2) Any person entitled to rescission of a document under the provisions of sub-section (1) shall, within three months of the commencement of the
- (3) A person who has sent a notice under sub-section (2), may institute a suit for possession of the land within six months of the commencement of the Malabar Tenancy (Amendment) Act, 1954, against the landlord and any person let into possession of the land on or after the 28th March 1953. The Court shall, in such suit, on proof of the facts stated in sub-section (1), pass a decree for possession :
- (4) The rights conferred by sub-sections (1),
- (2) and (3) are personal to the cultivating verumpattamdar who executed the document and cannot be exercised by any person claiming to be such cultivating verumpattamdar's successor-in-interest as heir, assignee or otherwise : Provided that, if such cultivating verumpattamdar dies during the pendency of a suit instituted by him under sub-section (3), such suit may be continued by his legal representative subject to the defences available against the original plaintiff.
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