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Section 46: Applicatzon to Land Trzbunal when landlord refuses to accept a tender

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

(1) If the landlord refuses to accept a tender of the rent or if the tenant is doubtful as to the person entitled to rece1ve the same and no suit has been brought agamst the tenant or application made for recovery of the said dues, the tenant may apply to the Land Tribunal in the prescribed manner for permission to pay the same through the Land Tribunal.

(2) Along with the application under sub-section ( 1) the tenant shall deposit with the Land Tribunal the said dues together with interest, if any, accrued thereon.

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47. Procedure on application under section 46 -(1) When an appli· cation and deposit have been made under section 46, the Land Tribunal shall cause wntten notice thereof to be given at the cost of the applicant to every person, who, in the opmion of the Land Tnbunal, is entitled to be heard thereon and, after hearing such of them a'!> appear, order the payment of the amount to the person entitled or bound to receive it and make directions regarding any mterest, costs and such other matters as the Land Tnbunal may deem fit.

(2) Nothing in sub-section ( 1) shall affect the right of any person to recover the said amount by suit from the person to whom it is paid, but the order allowing the application under section 46 shall be deemed a full acquittance to the tenant in respect of the amount covered by it.

48. Apportionment of rent on severance of mtrrest of landlord or tenant.­

(1) Where, by act of parties or by operation of law, the interest of the landlord or of the tenant in the land demised has been severed, the landlord or the tenant may apply to the Land Tribunal for the appor· tionment of the rent and the security for rent, if any.

(2) The application shall be in such form as may be prescribed.

(3) The Land Tribunal shall, after giving an opportunity to all persons interested to be heard, pass an order on such application apportioning the rent and the security for rent, if any, and directing the execution of a lease deerl on the basis of such apportionment within a specified period and make such order as to the costs of the application as it may deem fit.

(4) If, within the time fixed by the Land Tribunal, such deed is not executed, the Land Tribunal shall, on the application of the person in whose favour such deed is to be executed and on the deposit by such person of such amount as the Land Tribunal may direct, execute the deed on behalf of the person in default ; and the Land Tribunal shall, by order, direct that the cost of the executiOn of the deed may be realised by the applicant from the person in default.

(5) The order of the Land Tribunal under sub-section (3) or sub-section (4) regarding cosls may be executed through the court as if it were a decree passed by it.

Where this provision sits

ActThe Kerala Land Reforms Act, 1963 (No.1 of 1964)
Section46
Marginal noteApplicatzon to Land Trzbunal when landlord refuses to accept a tender
JurisdictionState of Kerala
StatusIn force as published by the source

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