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).
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(2) Nothing contained in this section shall affect the rights of a bona fide transferee from the person who evicted.]