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Section 53: Cultwatzng tenant's right to purchase landlord's rigl!ts

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

(I) Subject to the provisions of sub-section (2), a cultivating tenant (including the tenant of a kudiyiruppu), entitled to fixity of tenure under section 13, shall be entitled to purchase the right, title and interest of the land­ owner and the mtermed1aries, 1f any, m respect of the land compri~ed in h1s holdmg :

Provided that-

(z) if the landlord is entitled to resume any portion of the hold· ing under this Act and he applies for such resumption, the cultivatmg tenant shall be entitled to purchase the right, title and interest of the landowner and the intermed1anes only m respect of the remaining portion of the holdmg ;

(ii) no cultivating tenant shall be entitled to purchase the tight, title and interest in respect of any land under this section if he, or if he is a member of a family, such family, owns an extent of l~nd not less than the ceiling area ;

(izi) where the cultivating tenant or, if he is a member of a family, such family, does not own any land or owns an extent of land which is less than the ceding area, he shall be ent1tled to purchase the right, title and interest in respect of only such extent of land as w1ll, together with the land, 1f any, owned by him or his family, as the case may be, be equal to the ceiling area.

Explanatzon.-In calculating the extent of land owned by the culti­ vating tenant or, where he is a member of a family, by such family, for the purposes of clau~e (u) or clause ( m) of the prov1so to th1s sub-sectwn, the portion ol the land owned by such cultivating tenant or by the family, which is liable to be purchased by the cultivating tenants hold­ ing under such tenant or family, shall not be taken into account.

(2) Notwithstanding anythmg contained in sub-sectwn (I), where the landowner or an mtermediary 1s a small holder and the cultivating tenant was entitled to fixity of tenure immediately before the 21st January, 1961, under any law then in force, the cultivating tenant shall not be entitled to purchase the right, title and inte1 est of the land­ owner and the intermediaries, unless the cultivating tenant agrees in writing that the small holder may exerCise the right of resumption in respect of the holding under sectiOn 17.

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(3) Where a cultivating tenant agrees under sub-section (2) that the small holder may exercise the right of resumption,-

(i) the small holder shall, notwithstanding anything contained in the second proviso to section 17 and notwithstanding the expiry of the period fixed under clause (I) of section 18 for making application for resumption, be entitled to exercise the right of resumption under that sub-section to the same extent and in the same manner as If the cultivating tenant was not entitled to fixity oftenure immediately be­ fore the 21st January, 1961 ; and

(it) the cultivatmg tenant shall be entitled to purchase the right, title and interest of the landowner anrl the intermediaries in respect of the remaining part of the holding left after resumption.

54. Appluation for purchase of landlord's rights by cultiuatwg tenants.­ ( I) A cultivating tenant, entitled to purchase the right, title and inte­ rest of the landowner and the intermediaries under section 53, may apply to the Land Tribunal for the purchase of such right, title and interest.

(2) The application for the purchase under sub-section (I) shall be in such form and shall contain such particulars as may be prescribed.

The application from a cultivating tenant referred to in sue-sectiOn (2) of section 53 shall be accompamed by a statement agreeing to the exer­ cise of the right of resumption by the small holder.

(3) Where a cultivating tenant is entitled to purchase the right, title and interest in respect of only a portion of the land held by him, he may indicate in the application, his choice of the portion, the right, title and interest over which he desires to purchase.

Where this provision sits

ActThe Kerala Land Reforms Act, 1963 (No.1 of 1964)
Section53
Marginal noteCultwatzng tenant's right to purchase landlord's rigl!ts
JurisdictionState of Kerala
StatusIn force as published by the source

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