The KERALA STAY OF EVICTION PROCEEDINGS ACT, 1957

THE KERALA  STAY OF EVICTION PROCEEDINGS ACT, 1957
(ACT 1 OF 1957)
CONTENTS
Preamble.
Sections:
1. Short title, extent and commencement.
2. Definitions.
3. Application.
4. Stay of eviction proceedings.
4A. Restoration of certain persons to possession or occupation.
5. Stay of proceedings against Kudikidappukars.
6. V aromdar's right to continue to cultivate lands.
7. Continuance of Sambalapattom or Coolypattom arrangements.
7A. Disputes regarding right to cultivate land.
7B. Interim order of injunction to be vacated in certain circumstances.
8. Limitation.
9. Restoration of rights.
10. Repeal.
ACT 1 OF 1957
THE KERALA STAY OF EVICTION PROCEEDINGS ACT, 1957
[Repealed by Act 4 of 1961]
An Act to stay eviction of tenants, Kudikidappukars and certain other classes of persons  
cultivating land.
Preamble.—WHEREAS it is necessary to take immediate action to provide for the
temporary protection of tenants, Kudikidappukars and persons cultivating land on varom,
Sambalapattom  or  other  similar  arrangements  pending  enactment  of  a  comprehensive
legislation relating to tenancy and agrarian reforms;
Be it enacted in the Eighth Year of the Republic of India as follows:-
1. Short title, extent and commencement. —(1) This Act may be called the Kerala Stay
of Eviction Proceedings Act, 1957.
(2) 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 1[the 11th day of
October, 1960].
2. Definitions.—In this Act, unless the context otherwise requires,—
2[(1) "holding",—
(a) in relation to any immovable property situated in any part of the State where 
the Malabar Tenancy Act, 1929, is in force, shall have the meaning assigned 
to it in that Act and shall also include any immovable property in the 
possession or occupation of a person bona fide believing himself to be a lessee
or sub-lessee for a continuous period of not less than two years immediately 
before the 11th day of April, 1957 and which continued to be in his possession 
or occupation up to the 22nd day of February, 1960;
(b) in relation to any immovable property situated in any part of the taluk of 
Kasargod or Hosdurg where the Malabar Tenancy Act, 1929, is not in force, 
shall have the meaning assigned to it in the Madras Cultivating Tenants 
Protection Act, 1955; and
(c) in relation to any immovable property situated in any other part of the State, 
shall mean any immovable property held under a single transaction by which a
leasehold right in the property is created and possession of the property is 
transferred by one person in favour of another and includes kanapattom;]
(2) "hut" means any building which is constructed principally of wood, mud, leaves,
grass or thatch;
1. Substituted by Act 5 of 1960 (w.e.f. 11.04.1960).
2. Substituted by Act 5 of 1960 (w.e.f. 11.04.1960).
3
1[(3) "Kudikidappukaran" means a person who has no homestead or land of his own
to erect a homestead and—
(i) who has been permitted with or without an obligation to pay rent by an
owner of land to have the use and occupation of a portion of the land in his possession for the
purpose of erecting a homestead, or
(ii)  who  is  in  occupation  of  a  hut  constructed  by  a  person  owning  and
possessing the land in which the hut is situated and who has been permitted by such person to
occupy the hut with or without an obligation to pay rent,
but  otherwise  has  no  interest  in  the  land;  and  "Kudikidappu"  means  the  land  and  the
homestead or the hut so permitted to be erected or occupied together with the easements
attached thereto, and includes an ulkudi.
Explanation I. —Any  person  who  was  in  occupation  of  a  kudikidappu  on  the
commencement of the Kerala Stay of Eviction Proceedings Ordinance, 1957, shall be deemed
to be in occupation of such kudikidappu with permission as required under this clause.
Explanation II.—For the purpose of this clause, "hut" means any dwelling house which
has a value not exceeding four hundred rupees;]
(4)  "Kudiyiruppu"  means  a  Kudiyiruppu  as  defined  in  the  Travancore-Cochin
Prevention of Eviction of Kudikidappukars Act, 1955, and includes a hut occupied by the
Kudikidappukaran;
(5) "Varomdar" means a person who under the system known as Varom, Pathivarom,
Pankuvarom or Pankupattom or by any other name, has agreed, whether in writing or not,
with the owner or other person in, lawful possession of any land to cultivate the land and
share with him the produce of the land;
(6) "Varom agreement" means an agreement, whether in writing or not, entered into
between the Varomdar and the owner or other person in lawful possession of the land for the
cultivation and sharing of the produce of the land.
3. Application.—Nothing in this Act shall apply to—
(a) lands owned by the Government; or
(b)  rights  created  by  the  Administrator  General,  Official  Trustee  or  Official
Receiver; or
(c) buildings rented out including houses, shops or ware-houses and the sites
thereof together with the gardens or lands appurtenant thereto.
Explanation.—For the purpose of this clause a hut which is a Kudiyiruppu shall not be
deemed to be a building; or
1. Substituted by Act 30 of 1958 (w.e.f. 06.06.1958).
4
(d)  lands  or  buildings  or  both  given  on  lease  for  industrial  or  commercial
purposes; or
(e) lands transferred for felling timber or for planting tea, coffee, rubber or any
other special crop prescribed by a rule or order made by the Government or the erection of
any building for the purpose of or ancillary to the cultivation of PBN-2/42/2025such crop or
the preparation of the same for the market.
4. Stay of eviction proceedings.—Notwithstanding anything to the contrary contained in
any other law for the time being in force or in any contract, with effect on and from the
commencement of this Act, no suit or other proceedings for eviction of a person from his
holding or for the recovery of arrears of rent in respect of, or for damages for use and
occupation of, the holding accrued due before the commencement of the Kerala Stay of
Eviction Proceedings Ordinance, 1957, shall lie in any Court and all suits, proceedings in
execution  of  decrees  or  orders  and  other  proceedings  pending  in  the  Courts  at  such
commencement for such eviction or recovery of arrears of such rent or damages shall be
stayed:
1[Provided that nothing in this section shall preclude the recovery of the rent or any
instalment of rent if according to custom; usage or agreement, such rent or instalment of rent
is payable and accruing after the day on which the Kerala Stay of Eviction Proceedings
Ordinance, 1957, came into force.]
2[xxxx]
3[4A. Restoration of certain persons to possession or occupation. —(1) Where, after the
22nd day of February, 1960, and before the commencement of the Kerala Stay of Eviction
Proceedings (Amendment) Act, 1960, any person has been evicted from his holding situated
in any part of the State where the Malabar Tenancy Act, 1929, is in force, in execution of a
decree or order passed by a court and such decree or order would not have been passed if the
said (Amendment) Act, 1960, had been in force at the time, the person so evicted shall be
entitled to be restored to the possession or occupation of such holding with all the rights and
subject  to all  the  liabilities to  which  he was entitled  or liable immediately before such
eviction, if he makes an application in that behalf to the court which passed the decree or
order within thirty days from the commencement of the said (Amendment) Act, 1960:
Provided that before such restoration is effected the applicant shall be bound to return
or pay to the person who evicted him—
(i) the value, if any, paid by such person to the applicant for 
improvements;
(ii) the value of improvements, if any, effected bona fide by such person 
between the date on which he obtained possession of the holding and 
the date on which possession or occupation thereof is restored to the 
applicant.
1. Added by Act 30 of 1958 (w.e.f. 06.06.1958). 
2. Omitted by Act 7 of 1957 (w.e.f. 03.08.1957).
3. Inserted by Act 5 of 1960 (w.e.f. 11.04.1960).
5
(2) Nothing contained in this section shall affect the rights of a bona fide transferee
from the person who evicted.]
5.  Stay of proceedings against Kudikidappukars. —Notwithstanding anything to the
contrary contained in any other law for the time being in force or in any contract, with effect
on and from the commencement of this Act, no suit or other proceedings for eviction of a
Kudikidappukaran from his Kudiyiruppu or for the recovery of arrears of rent in respect of,
or for damages for use and occupation of, the Kudiyiruppu from him, shall lie in any Court
and all suits, proceedings in execution of decrees or orders or other proceedings pending in
the Courts at such commencement for such eviction or recovery of arrears of such rent or
damages shall be stayed.
6.  Varomdar's right to continue to cultivate lands. —(1) Notwithstanding anything to
the contrary contained in any other law for the time being in force or in any contract,—
(i) subject to the provisions of clause (ii), where in respect of any land 
there is a V aromdar at the commencement of this Act, such V aromdar;
(ii) where a Varomdar, in respect of any land, has not started agricultural 
operations at the commencement of this Act and a person other than 
that Varomdar had cultivated the land under a varom agreement in the 
cultivation season immediately preceding such commencement, such 
other person;
(iii) where in respect of any land there is no Varomdar and the agricultural 
operations have not been started at the commencement of this Act, the 
person, if any, who had cultivated the land under a varom agreement 
during the cultivation season immediately preceding such 
commencement; and
(iv) where in respect of any land there is no V aromdar at the 
commencement of this Act, but the person who had cultivated the land 
under a varom agreement during the cultivation season immediately  
preceding such commencement had started the agricultural operations 
of the land at such commencement, such person
shall be entitled to cultivate the land on the same terms and conditions under which he was
cultivating  the  land  at  the  commencement  of  this  Act  or  during  the  cultivation  season
immediately preceding such commencement, as the case may be.
(2) All agricultural operations carried out before the commencement of this Act, by a
person entitled to cultivate the land under clause (iv) of sub-section (1) shall be deemed to
have been lawfully carried out in exercise of the right conferred on him under that clause.
7.  Continuance  of  Sambalapattom  or  Coolypattom  arrangements.—Any  person
cultivating the land of another, whether as an agent or otherwise, under a Sambalapattom or
Coolypattom arrangement  or under any  licence  at  the  commencement  of this Act shall,
notwithstanding the expiry or termination of such arrangement or licence, be entitled to
continue on the same terms and conditions as were applicable to him at such commencement,
to cultivate the land.
6
1[7A.  Disputes regarding right to cultivate land. —(1) Any person claiming to be in
possession and cultivating under section 4 or claiming to be entitled to cultivate any land
under section 6 or section 7 if prevented or obstructed from cultivating the land, may apply to
the Tahsildar of the taluk in which the land is situate for an order that he is so entitled.
(2) The Tahsildar shall, on receipt of an application under sub-section (1) and after
such enquiry as he deems necessary and after issue of notice to the opposite party, by order,
decide whether the applicant is entitled to cultivate the land under section 4 or section 6 or
section 7, and if he is so entitled, restore him to possession and allow him to cultivate the
land.
(3) Where any person who, under an order of the Tahsildar under subsection (2), is
entitled to cultivate the land, is prevented or obstructed from so cultivating, the person who
causes such prevention or obstruction shall, on conviction, be punishable with imprisonment
for a term which may extend to six months or with fine which may extend to Rs. 500 or with
both.
(4)  Nothing  in  this  section  shall  be  held  to  prevent  a  party  deeming  himself
aggrieved  by  any  decision  or  order  passed  or  proceedings  taken  by  the  Tahsildar  from
seeking his remedy in a court of law.
7B.  Interim order of injunction to be vacated in certain circumstances. —Where any
court has passed an interim order of injunction without giving notice to the opposite party
and thereupon the opposite party enters appearance disputing the possession of the plaintiff
and offering to adduce evidence to prove his possession or his right to cultivate the land
under section 6 or section 7, the injunction order shall stand vacated pending final orders on
the application for injunction.]
8. Limitation.—In computing the period of limitation prescribed for the institution of
suits or proceedings prohibited or stayed under this Act, the time during which such suits or
proceedings are prohibited or stayed shall be excluded.
2[xxxx]
10. Repeal.—The Holdings (Stay of Execution Proceedings) Act, 1950 and the Kerala
Stay of Eviction Proceedings Ordinance, 1957, are hereby repealed.
_____
1. Inserted by Act 30 of 1958 (w.e.f. 06.06.1958).
2. Omitted by Act 30 of 1958 (w.e.f. 06.06.1958).

‹ Prev All Kerala acts Next ›