LexThe Kerala Cultivators and Tenants (Temporary Protection) Act, 1970
Kerala · state statute
Open in Lexace · Ask the AI about this actTHE KERALA CULTIVATORS AND TENANTS
(TEMPORARY PROTECTION) ACT, 1970
(Act 20 of 1970)
CONTENTS
Preamble.
Sections
1. Short title, extent, commencement and duration.
2. Interpretation.
3. Stay of suits and other proceedings for determination of rights in respect of lands
occupied by certain classes of persons.
4. Stay of suits, applications, etc., for arrears of rent.
5. Stay of certain applications
6. Limitation.
7. Exemption.
8. Repeal and saving.
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THE KERALA CULTIVATORS AND TENANTS
(TEMPORARY PROTECTION) ACT, 1970*
(ACT 20 OF 1970) 1.
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 ag ainst proceedings for the recovery of
arrears of rent and for matters incidental thereto ;
3. 2A. Stay of suits and other proceedings for redemption of certain mortgages .-
(1) Notwithstanding anything to the contrary contained in any other law or any
judgment, decree or order of any court, where in an y 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 ot her proceedings, in respect of any land
(other than land principally planted with rubber, c offee, tea or cardamom) comprised in a
mortgage, pending before any court or Land Tribunal or appellate authority or other
authority or officer at the commencement of the Ker ala Cultivators and Tenants
(Temporary Protection) Amendment Act, 1971 or instituted or filed or initiated after such
commencement, the mortgage (in cases where the leas e was granted before the 1st day of
April, 1964) has filed or files a statement in writing--
(a) that he was in possession of such land for a continuous period of not less than fifty
years immediately preceding the 1st day of January, 1970 ; or
(b) that he has constructed a building for his own residence in such land, that he was
occupying such building for such purpose for a cont inuous period of not less than twenty
years immediately preceding the 1st day of January, 1970 and that he or where he is a
member of a family, such family was not holding any other any other land exceeding two
acres in extent on the date of publication of the K erala Land Reforms (Amendment) Bill,
1968, in the Gazette, the court of Land Tribunal or appellate authority or officer, as the
case may be shall not proceed with that suit, appea l, revision, review, or other
proceedings, as the case may be.
1. Published in the Gazette Extraordinary No.388, dated 2nd December 1970
3. Substituted by Act 3 of 1972
Explanation I .-In computing the period of continuous possession or occupation by a
lessee, the period during which the mortgage was i n possession or occupation as the case
may be, may also be taken in to account.
Explanation II- In computing the period of fifty years referred to in clause (a) the
period during which the predecessor-in-interest or predecessors-in-interest of the
mortgagee or lessee was or were in possession of the land may also be taken in account.
Explanation III-In computing the period of twenty years referred to in clause
(b), occupation of the building by any member of th e mortgage or lessee for residential
purpose may be considered to be occupation by the m ortgagee or lessee as the case may
be, for such purpose.
Explanation IV.- For the purposes of clause (b),--
(i)"mortgagee" or "lessee" shall include a pre decessor-in-interest of the mortgagee or
"lessee", as the case may be ;
(ii) "building" includes a hut.
(2) Nothing contained in sub-section (1) shall apply in any case where the party who
has filed or files the statement referred to in tha t sub-section is admitted to be tenant of
the land to which that statement relates".)
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 t his 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 provisio ns of section 4 of the Interpretation and
General Clauses Act, 1125 (vii of 1125), shall appl y 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 determin ation 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 o r appeal or revision or review or
proceedings in execution of any decree or order (in cluding proceedings incidental or
1 Substituted by Act 3 of 1972
ancillary thereto) or other proceedings, in respect of any land, pending before any court
or Land Triubunal or appellate authority or other a uthority 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 Re forms (Amendment) Act, 1969,
and--
(a) that such land is situated in Malabar and t hat he or his predecessor-in-interest was
continuously in occupation of such land honestly be lieving 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 o r other authority or officer, as the case
may be, shall not proceed with that suit, appeal, r evision, 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 su b-section is admitted to be a tenant of the
land to which that statement relates.
4. Stay of suits, applications, etc., for arrears of rent.-
(1) Notwithstanding anything to the contrary c ontained in any other law, or in any
contract, or in any judgment, decree or order of an y court or Land Tribunal, with effect
on and from the commencement of this Act,-
(a) no suit or application or other proceedings for the recovery of arrears of rent in
respect of a holding or part of a holding accrued due before the 1st day of May 1968; or
(b) no application for, or proceedings in, exec ution of a decree or order for the
recovery of such arrears of rent or other applicati on or proceedings incidental or ancillary
thereto,
shall lie in any court or Land Tribunal; and all su its, applications and other proceedings
for recovery of such arrears of rent and all procee dings in execution of decrees or orders
for recovery of such arrears of rent and other proc eedings incidental or ancillary thereto,
pending in courts or Land Tribunals at the commencement of this Act, shall stand stayed.
(2) All appeals against decrees or orders rela ting to arrears of rent in respect of a
holding or part of a holding accrued due before the 1st day of may, 1968, and all
revisions against decrees or orders relating to such arrears of rent, pending in any court or
appellate authority at the commencement of this Act , shall stand stayed, and no court or
appellate authority shall proceed with any such app eal or revision filed after such
commencement.
5. Stay of certain applications.- (1) Notwithstanding anything contained in section
13C of the Kerala Land Reforms Act, 1963 (1 of 1964 ), all proceedings pending in any
court at the commencement of this Act, in respect o f any application filed or purported to
have been filed under that section, shall stand stayed.
(2) Notwithstanding anything to the contrary contained in any judgment or order of
any court, all proceedings, pending in any court or Land Tribunal at the commencement
of this Act, in respect of any application filed or purported to have been filed under sub-
section (2) of section 45A of the Kerala Land Refor ms Act, 1963 (1 of 1964), shall stand
stayed.
6. Limitation.-In computing the period of limitation for the insti tution of suits,
applications or other proceedings prohibited under this Act, the time during which such
suits, applications or other proceedings were prohi bited under this Act and under the
Kerala Stay of Recovery of Arrears of Rent Ordinanc e, 1970 (18 of 1970), shall be
excluded.
7. Exemption.- Nothing in this Act shall apply in respect of any l ease or tenancy
exempted from the provisions of the Kerala Land Ref orms Act, 1963 (1 of 1964), by
section 3 thereof.
8. Repeal and saving. (1) The Kerala Stay of Recovery of Arrears of Rent Ordinance,
1970 (18 of 1970), is hereby repealed.
(2) Notwithstanding such repeal, anything do ne or any action taken under the said
Ordinance shall be deemed to have been done or take n under this Act, as if this Act had
commenced on the 17th day of October, 1970.
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