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Section 33: Agreement as to fair rent

The Kerala Land Reforms Act, 1963 (No.1 of 1964)State Act of Kerala · Act 1 of 1964

Notwithstanding anything contained in the foregoing sections, it shall be competent for the landlord and the tenant to agree as to what shall be the fair rent payable in respect of the holding and, where such an agreement signed by the landlord and the tenant is filed with the Land Tribunal, the Land Tribunal shall pass orders determining such agreed rent as the fair rent in respect of the holding :

Provided that the agreed rent shall not exceed the fair rent under section 27, in respect of the holdmg :

30

Provided further that where there 'are intermediaries or other persons having an interest in the holding, the landowner, the cultiva· ting tenant and all the intermediaries and other persons interested shall be parties to such an agreement :

Provided also that this section shall not apply to a case where the landlord is a religious, charitable or educational il\'ltitution of a public nature.

34. Date from which order determining fair rent, etc., is to take effect.­ The order determining the fair rent under section 31 or section 33 and the rent payable by an intermediary shall take effect from the begin­ ning of the agricultural year in which the tenant or the landlord filed the application for such determination or the agreement under section 33, and any amount paid by the tenant in excess of the rent so deter­ mined to the landlord till the date of determination shall be adjusted towards the payment of future rent or the purchase price payable under section 55, and, where the amount of rent paid to the landlord is less than the rent so determmed, the balance payable by the tenant shall be paid along with the rent payable immediately after the determina· tion of the rent.

35. Rent payable when Land Tribunal has not determined fair rent.­ Where in a case the rent payable in respect of a holding has not been determined by the Land Tribunal, either under sectiOn 31 or section 33, the landlord shall be entitled to receive and the tenant shall be bound to pay the rent that was payable immediately before the commence­ ment of this Act.

Explanatwn.-For the purposes of this section, "the rent that was payablfe immeddiatelyh b 1 e 1 fore theh commencefmehnt ohf thisfAhct • 1 •, idn 1 thde -~ case o a varam ar, s a meant e average o t e s are o t e an or in the produce for the three years immediately preceding such com­ mencement, or, where the varamdar was not cultivating the land continuously for the said period of three years, the share of the landlord for the year in which the varamdar cultivated the land last, immediately before such commencement.

Where this provision sits

ActThe Kerala Land Reforms Act, 1963 (No.1 of 1964)
Section33
Marginal noteAgreement as to fair rent
JurisdictionState of Kerala
StatusIn force as published by the source

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