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Section 5: Restoration of possession

The Kerala Payment of Arrears of Rent in Instalments Act, 1979State Act of Kerala · Act 29 of 1979

Notwithstanding anything to the contrary contained in any other law or in any judgment, decree or order of any Court or Land Tribunal, where any holding has been sold in execution of a decree or order for arrears of rent referred to in section 3, and the cultivating tenant dispossessed of the holding before the commencement of this Act, such cultivating tenant shall, subject to the provisions of this section, be entitled to restoration of possession of the holding.

(2) Any person entitled to restoration of possession of his holding under subsection (1) may, within a period of three months after payment of the instalments of rent as provided in sub section (2) of section 3, apply to the Court or Land Tribunal, as the case may be, which passed the decree or order for setting aside the same and for restoration of possession of his holding.

(3) The Court or the Land Tribunal, as the case may be, may, after such inquiry as it deems fit, pass an order allowing the application for restoration and directing the applicant to deposit the compensation, if any, received by the applicant under any decree or order of the Court or Land Tribunal towards value of improvements or otherwise and the value of improvements, if any, effected on the land after dispossession as may be determined by the Court or Land Tribunal, within such period as may be specified in the order.

(4) On receipt of the compensation and value of improvements, as required in the order under sub-section (3), the Court or the Land Tribunal, as the case may be, shall restore the applicant to possession of the land, if need be, by removing any person who refuses to vacate the same.

Where this provision sits

ActThe Kerala Payment of Arrears of Rent in Instalments Act, 1979
Section5
Marginal noteRestoration of possession
JurisdictionState of Kerala
StatusIn force as published by the source

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