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Section 7: Continuance of Sambalapattom or Coolypattom arrangements

The Kerala Stay of Eviction Proceedings Act, 1957State Act of Kerala · Act 1 of 1957

Any person cultivating the land of another, whether as an agent or otherwise, under a Sambalapattom or Coolypattom arrangement or under any licence at the commencement of this Act shall, notwithstanding the expiry or termination of such arrangement or licence, be entitled to continue on the same terms and conditions as were applicable to him at such commencement, to cultivate the land.

6 1[7A. Disputes regarding right to cultivate land.—(1) Any person claiming to be in possession and cultivating under section 4 or claiming to be entitled to cultivate any land under section 6 or section 7 if prevented or obstructed from cultivating the land, may apply to the Tahsildar of the taluk in which the land is situate for an order that he is so entitled.

(2) The Tahsildar shall, on receipt of an application under sub-section (1) and after such enquiry as he deems necessary and after issue of notice to the opposite party, by order, decide whether the applicant is entitled to cultivate the land under section 4 or section 6 or section 7, and if he is so entitled, restore him to possession and allow him to cultivate the land.

(3) Where any person who, under an order of the Tahsildar under subsection (2), is entitled to cultivate the land, is prevented or obstructed from so cultivating, the person who causes such prevention or obstruction shall, on conviction, be punishable with imprisonment for a term which may extend to six months or with fine which may extend to Rs. 500 or with both.

(4) Nothing in this section shall be held to prevent a party deeming himself aggrieved by any decision or order passed or proceedings taken by the Tahsildar from seeking his remedy in a court of law.

Where this provision sits

ActThe Kerala Stay of Eviction Proceedings Act, 1957
Section7
Marginal noteContinuance of Sambalapattom or Coolypattom arrangements
JurisdictionState of Kerala
StatusIn force as published by the source

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