Kerala Cultivators and Tenants (Temporary Protection) Act, 1970
No: 20 Dated: Dec, 02 1970
THE KERALA CULTIVATORS AND TENANTS (TEMPORARY PROTECTION) ACT, 1970
(ACT 20 OF 1970)
An Act to provide for the stay of suits and other proceedings for determination of rights in respect of lands occupied by certain classes of persons, for the temporary Protection of tenants against proceedings for the recovery of arrears of rent and for matters incidental thereto
Preamble:- WHEREAS it is expedient to provide for the stay of suits and other proceedings for determination of rights in respect of lands occupied by certain classes of persons, for the temporary protection of tenants against proceedings for the recovery of arrears of rent and for matters incidental thereto ;
BE it enacted in the Twenty-first Year of the Republic of India as follows:--
1. Short title, extent, commencement and duration.-(1) This Act may be called the Kerala Cultivators and Tenants Temporary Protection) Act, 1970.
(2) Save as otherwise expressly provided in this Act, it extends to the whole of the State of Kerala.
(3) It shall come into force at once and shall cease to have effect on the (16th day of April, 1972)1
(4) Upon the expiry of this Act, the provisions of section 4 of the Interpretation and General Clauses Act, 1125 (vii of 1125), shall apply as if this Act had then been repealed by an Act of the Kerala State Legislature.
2. Interpretation.-Words an expressions used in this Act shall have the meanings respectively assigned to them in the Kerala Land Reforms Act, 1963 (1 of 1964).
3. Stay of suits and other proceedings for determination of rights in respect of lands occupied by certain classes of persons.-(1) Notwithstanding anything to the contrary contained in any other law, or in any judgment, decree or order of any court, where in any suit or proceedings in respect of any application or appeal or revision or review or proceedings in execution of any decree or order (including proceedings incidental or ancillary thereto) or other proceedings, in respect of any land, pending before any court or Land Triubunal or appellate authority or other authority or officer at the commencement of this Act, or instituted or filed or initiated after such commencement, any party thereto has filed or files a statement in writing that he was in occupation of such land at the commencement of the Kerala Land Reforms (Amendment) Act, 1969, and--
(a) that such land is situated in Malabar and that he or his predecessor-in-interest was continuously in occupation of such land honestly believing himself to be a tenant for not less than two years within a period of twelve years immediately preceding the 11th day of April, 1967 ; or
(b) that such occupation was on the basis of a registered deed purporting to be a lease deed and that he or his predecessor-in-interest was in occupation of such land on the 11th day of April, 1957, on the basis of that deed,
the court or Land Tribunal or appellate authority or other authority or officer, as the case may be, shall not proceed with that suit, appeal, revision, revenue or other proceedings, as the case may be.
(2) Nothing contained in sub-section (1) shall apply any case where the party who has filed or files the statement referred to in that sub-section is admitted to be a tenant of the land to which that statement relates.