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THE KERALA STAY OF EVICTION PROCEEDINGS
ACT, 1957
(AcT I OJ' 1957)
CONTENTS
Preamble. Sections.
1. Short title, extent and commencement.
2. Defimtions.
3. Application.
4. Stay of eviction proceedings.
5. Stay of proceedings against Kudi.kidappukars.
8. Varomdar's nght to continue to cultivate lands.
7. Contmuance of Sambalapattom or Coolypattom arrange- ments.
8. Limitation.
9. Restoratwn of r1ghts.
10. Repeal.
ACT 1 OF 1957
THE KERALA STAY OF EVICTION PROCEEDINGS
ACT, 1957.
An Act to stay evictwn of tenant~. Kudlktdappukars and certam other classes of persons cultlvatmg land. Preamble.-WHEREAS it IS necessary to take immediate action to provide for the temporary protechon of tenants, Kudi- lodappukars and persons cultivating land on varom, Sambala- pattom or other similar arrangements pending enactment of a
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comprehensive legislation relatmg to tenancy ard agrarian reforms;
BE It enacted in the Eighth Year of the Repubhc of India as follows:-
1. Short tltle, extent and commencement.- ( 1) This Act may be called the Kerala Sta~ of Eviction Proceedings Act, 1957.
(2) It extends to the whole of the State of Kera]a.
(3) It shall come into force at once and shall cease to have effect on the 11th day of October 1957.
2. Defintttons.-ln this Act, unless the context otherwise requ1res,-
(1) "holdmg'1means any Immovable property held under a single transactiOn by whiCh a leasehold right m the property 15 created and possession of the property IS transferred by one person in favour of another and mcludes Kanapattom :
· Provided that In relation to cases governed by the Malabar Tenancy Act, 1929 and the Madras Cultivating Tenants Protec- tion Act, 1955, "holdmg" shall have the meamng respectively assigned to 1t in those Acts ,
(2) "hut" means any building which is constructed principally of wood, mud, leaves, grass or thatch ;
(3) "Kudikidappukaran" means a Kudikidappukaran as defined m the Travancore-Cochm Prevent10n of Eviction of Kudikldappukars Act, 1955, and mcludes any person m occupa- tion of a hut (whether constructed by him or not) 1n any portion of a land belongmg to and m the possession of another and who has been permitted by the latter to occupy that hut, but otherwise has no intere&t m the land ;
(4) "Kud1yiruppu" means a Kudi:yiruppu as defined in the Travancore-Cochin Prevention of Evichon of Kudikidappu- kars Act, 1955, and includes a hut ocC'up1ed by the Kudikldappu- karan;
Published in the Gazette Extrao1 d~nary dated 31st May 1957.
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(5) "Varomdar" means a person who under the system known as Varom, Pathivarom, Pankuvarom or Pankupattom or by any other name. has agreed, whether m writmg or not w1th the owner or other person m lawful possession of any land to cultivate the land and share w1th him the produce of the land;
(6) "Varom agreement'' means an agreement, whether m writmg or not, entered mto between the Varomdar and the owner or other person m lawful possess10n of the land for the cultivation and !>harmg of the produce of the land.
3. Applwatwn.-N othing m th1s Act shall apply to-
(a) lands owned by the Government; or
(b) nghts created by the Admimstrator General, Official Trustee or Official Receiver; or
(c) buildings rented out mcludmg houses, shops or ware- house~ and the sites thereof together with the gardenc; or lands appurtenant thereto.
Explanatwn. -For the purpose of this clause a hut which Is a Kudiyiruppu shall not be deemed to be a building; or
(d) lands or buildings or both gtven on lease for xndu5trial or commercial purpo~es; or
(e) lands transferred for felling timber or for planting tea, coffee, rubber or any other .:;pecial crop prescribed by a rule or order made by the Government or the erection of any building for the purpose of or ancillary to the cultivation of such crop or the preparation of the ~arne for the market.
4. Stay of evtction proceedings.-N otwithstandmg anything to the contra1y contamed m any other law for the time being m force or in any contract, w1th effect on and from the commence- ment of this Act, no suit or other proceedmgs for ev1ct10n of a persor. from his holdmg or for the recovery ot arrears of rent m respect of, or for damages for use and occupation of, the hold- ing accrued due before the commencement of the Kerala Stay of Eviction Proceedings Ordinance, 1957, shall lie In any Court and all suits, proceedingc; in executwn of decrees or orders and other proceedings pending m the Courts at such commencement for such eviction or recovery of arrears of o;uch rent or damages sha!l be stayed:
Provided that nothmg in this 5ectton shaH preclude the Court irom grantmg any relief to which the lessor is entitled other than eviction from the holdmgs.
5. Stay of proceedmgs agamst Kudiktdappukars.-Notwith- standing an_ythxng to the contrary contained m any other law for the time bemg~in force or many contract, wrth effeet on and '.
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from the commencement of this Act, no suit or other proceedmgs for' eviction of a Kudikidappukaran from hts Kud1yuuppu or for the recovery of arrears of rent in respect of, or for damages for use and occupation of, the Kudiytruppu from him, shall lie m any Court and all ~uits, proceedings m execut10n of decrees or orders or other proceedm;5s pendmg m the Courts at such commencement for such eviction or recovery of arrears of such rent or damages shall be stayed .
6. Varomdar's nght to contmue to cultwate lands.-(1) Not- withstanding anythmg to; the contrary contamed in any other law for the time being in force or in any contract,-
(i) subje<'t to the provislOnS o£ clause (ii), where in respect of any land ther€ i"> a Varomdar at the commencement of this Act, such Varomdar;
(ii) whue a Varomdar, in respect of any land, has not started agncultural operations at the commencement of this Act and a person other than that Varomdar had cultivated the land under a varom agreement in the cultivat10n season Immediately preceding such com- mencement, such other person,
(iii) where in resvect of any land there is no Varomdar and the agncultural operat10ns have not been started at the commencement of thb Act, the person, if any, who had cultivated the land undt!r a varom agreement during the cultivation season immediately preceding such commencement ; and
(iv) where in respect of any land there is no Varorridar at the commE-ncement of this Act, but the person who had cultivated the land under a varom agreement during the cultiVation season Immediately precedmg such commencement had started the agricultural operat10ns of the land at such commencement, such person
shall be entitled to cultivate the land on the same terms and cond1t10ns under whiCh he wa:::. cultivatin~ Lhe land at the com- mencement of this Act or durmg the cultivation sea_ on Immedia- tely precedmg such commencement, as the case may be.
(2) All agncultural operations earned out before the coa1mencement of this Act, by a person entitled to cultivate the land under clause (lV) of sub-sectiOn (1) shall be deemed to have been lawfully carr1ed out m exercise of the right conferred on him under that clause.
7. Contmuance of Sambalapattom or Coolypattom arrange- ments.-Any person cultiVating the land of another, whether as an agent or otherwise, under a Sambalapattom or Coolypattom arrangement or under any hcence at the commencement of this Act shall, notwithstanding the expiry or termmabon of such arrangement or hcence, be entitled to continue on the !'arne terms and conditions as were applicable to him at such commen ... cement, to cultivate the land.
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8. Limitation.-In computmg the period of limitation pre- scribed for the institution of ~uits or proceedings prohibited or stayed under this Act, the time dvrmg which such suits or pro- ceedings are prohibited or stayed shall be excluded.·
9 Restoration of Tights.-Where, after the commencement of the Kerala Stay of Eviction Proceedings Ordinance, 1957, any person, who has acquired a right to continue in possession of, or to cultivate, any land or to continue in possession of any Kudiyiruppu under the said Ordinance or under this Act, has been deprived of any of the aforl>aid rights, he shaH be entitled to apply to the Court having jurisdiction in regard to a suit for eviction from the land or kud1yiruppu, for the restoration to him of such rights and the Court shall, if satisfied after such summary enquiry as the Court deems fit, restore to him the said rights subject to all the obligations which he had immediately prior to such deprivation :
Provided that where a person has been deprived of any of the aforesaid rights under the orders o! any Court, the applica- tioh for the restoration of such rights shall be made to that Court.
10. Repeal.-The Holdmgs (Stay of Execution Proceedings) Act, 19a0 and the Kerala Stay of Eviction Proceedings Ordi- nanc:e, 1!:157, are hereby repealed.
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