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THE KERALA STAY OF EVICTION PROCEEDINGS ACT, 1967
(Act 9 of I 9G7)
Preamble.
Sections
CONTENTS
1. Short title, extent, commencement and duration.
2. Definitions.
3. Exemptions.
4. Stay of eviction proceedings.
5. Arrears of rent payable by tenants.
6. R«>storat1on of possession.
7. Cancellation of certain sales.
8. L1mitat10n.
9. Saving of other laws.
10. Amendrr.ent of Kerala Land Reforms Act, 1963.
11. Repeal and saving.
THE KERALA STAY OF EVICTION PROCEEDINGS
ACT, 1967•
(Act 9 of 19G7) An Act to provide for the stay of eviction to tenants and kudzkzdappukars and for matters connected therewith, Preamble.-WHEREAS it is expedient to provide for the stay of evic- tion of tenants and kudikidappukars and for mattcu connected there• ~ith;
BE it enacted in the Eighteenth Year of the Republic of India as follows:-
1. Short titlt, extent, commencemenJ and duration -(1) This Act may be called the Kerala Stay of Eviction Proceedings Act, 1967.
(2) It extends to the whole of the St,\te of Kerala .
(3) It shall come into force at once and shall cease to have effect on the 31st day of December, 1968.
(4) Upon the expiry of this Act, the provisions of section 4 of the Interpretation and General Clauses Act, I 125 (VII of I 125), shall apply as 1f this Act had then been repealed by an Act of the Keral.1 State Legislature.
• Published m the Kera\a Gazette Extraordmary No. 147, dated 30thju1y, 1967. 3J21-2a
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2. Definitions .-In this Act, unless the context otherwise requires, the terms '' court " " eviction " " holding " " improvement " , ' ' ' " kudikidappu ", " kudikidappukaran ", " Land Tribunal ", " rent",
" resumption" and "tenant" shall have the meanings respectively assigned to them in the Kerala Land Reforms Act, 1963 (I of 1964).
3. Exemptions.-Nothing in this Act shall apply to-
(a) lands or buildings or both belonging to or vested in the Government of Kerala or the Government of any other State in India or the Government of India or a local authority or a corporation owned or controlled by the Government of Kerala or the Gcvernment of any other State in India or the Government of Indta ;
(b) any lease of land or building or both granted by the Administrator-General, Official Trustee or Official Receiver. Explanation.-For the pUt poses of this clause,- ( a) a lease to a person who was a tenant on the date on which the land or building or both came under the control of the Adminis- trator-General or the Official Trustee or the Official Receiver ; or
(b) a lease renewed in favour of any such person, shall not be deemed to be a lea-;e granted by the Administrator-General or the Official Trustee or the Official Receryer.
4 Stay of evtction proceedings.-Notwithstanding anything to the contrary contamed in any other law, or in any contract, custom or usage, or in any judgment, decree or order of any court or Land Tnbunal, with effect on and from the commencement of this Act, no suit or application or other proceedings for-
(a) eTiction of a tenant from his holding or part thereof or evtctwn or shifting of a kudtkidappukaran from his kudikidappu ; or
(b) resumption of a holding or part thereof from a tenant, shall lie iu any court or Land Tribunal, and all suits, applications, pro- ccedmgs in execution of decrees or orders and other proceedings pending in courts or Land Tribunals at such commencement for mch eviction, shifting or resumption shall be stayed :
Provided that nothing in this section shall be deemed to affect the operation of section 14 of the Kerala Land Reforn.s Act, 1963 ( 1 of
1964).
5. Arrears of rent payable by tenants.-Notwithstanding anything to th<· contrary contained in any other law, or in any contract, custom or mage, or in any judgment, decree or order of any court or Land Tribunal, with effect on and from the commencement of this Act, no suit or application or other proceedings for the recovery of arrears of rent m respect of, or for dama~es for use and occupation of, a holdmg or part of a holding or a kudikidappu, accrued due before the 1st day of April, 1966, shall lie in any court or Land Ttibunal, and all suits, '
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applications, proceedings in execution of decrees or orders rtnd other proceedings pending in courts or Land Tribunals at such commence- ment for recovery of such arrears of rent or dama.Q'es shall be stayed.
6. Restoration of possession.-( I) Notwithstanding anything to the contrary contained in any other law, or in any judgment, decree or order of any court, where any holding has been sold in execution of any decree for arrears ofrent and the tenant drspossessed of the holding after the first day of April, 1964 and before the commencement of the Kerala Stay of Eviction Proceedings Ordinance, 1967 (4 of 1967), such tenant shall, subject to the provisions of this section, be entitled to restoration of pessession of the holding.
(2) Any person entitled to restoration of possession of his holding under sub-section (I) may, within a period of six months from the com- mencement of this Act, deposit the purchase money together with interest at the rate of six per cent per annum in the court and apply to the court for setting aside the sale and for restoration of possessiOn of his holding.
(3) The court shall, if satisfied after such summary enquiry as the court deems fit, set aside the sale and restore the applicant to pos· session of the holding.
(4) The court may also order the applicant to deposit in court such amount as may be specified by the court towards costs of the decree-holder or the auction-purchaser and the value of improvements, if any, effected on the holding after the sale.
Explanation.-For the purposes of thlS section and section 7, the term " holding ''includes a part of a holding.
7. r:ancellat1on of certazn sales.-( I) N<:>twithstanding anything to the contrary contained in any other law, or in any judgment, decree or order of any court, where any holding has been sold before the com· mencement of the Kerala Stay of Eviction Proceedings Ordmance, 1967 (4 of 1967), in executwn of an} decree for arrears of rent, but the tenant has not been dispossessed, such tenant may, Within three months from the commencement of this Act, deposit the decree·amounb with interest at the rate of six per cent per annum and apply to the court for setting aside the sale.
(2) The court shall, if satisfied after such summary enquiry~~ the court deems fit, set aside the sale and may also order the apphcant to deposit the costs, if any, payable to the decree-holder. t': 8. Ltmitation.-In computing the period of limitation for the institution of suits, apphcations or other proceedmgs prohibited or stayed under this Act, the t1me during which such suits, applications or other proceedings were proh1bited or stayed under the Kerala Stay of Eviction Proceedings Ordinance, 1967 ( 4 of 1967) and under thiS Act shall be excluded.
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9. Saving of other laws.-The provisions of this Act shall be in .addition to, and not in derogation of, any other law for the time being in force regulating any of the matters dealt with m this Act.
10. Amendment of Kerala Land Reforms Act, 1963.-ln the Kerala Land Reforms Act,1963 (1 of 1964),-
( 1) in section 2,-
(a) for clause ( 17), the following clause shall be substituted, namely:-
" ( 1 7) " holdmg " means a parcel or parcels of land held under a single transactiOn by a tenant from a landlord and shall mclude any portwn of a holdmg as above defined which the landlord and tenant have agreed or are bound to treat as a separate holding. Expla11ation.-Where by act of parties or by operation of law, the mterest of the tenant in his holdmg has been severed, splitmg up the holdmg mto tv.o or more parts, or a portion of the holding has l:een sub-leased, before the commencement of this Act, each such part or, as the case may be, the port ton retamed by the tenant or t1 e portion sub-leased' shall be deemed to be a separate holding ; but the rights of the landlord to recover propm tionate rent and to exercise the right of resumptiOn, if any, shall nut be affected thereby ; " ;
(b) in clause (25) ,- ( z) in the opemng portion, for the words " nor any land", the wo1 ds" nor any land exceeding three cents in extent " shall be substituted ;
(u) in EAplanation I, for the words " four hundred rupees"
and " four rupees ", the words " five hundred rupees'' and " five rupees " shall respecttvely be substituted ;
(iiz) in Explanatzon Ill, for the words " ne1ther a home- stead nor any land ", the words " no other homestead or any land excecdmg three cents in extent" shall be subs'ttuted; (zv) after Explanatzon Ill, the following Explanations shall be inserted, namely:-
"Explanatzon /V.-Where a mortgagt'e with possession erects for l11s residence a hut on the land to which the mortgage relates, he shall, notwtthstandmg the redemptwn of tl'e mortgage, be deemed to be a kudtktdappukaran m respect of such hut, provided that at the time of redemptiOn -
(a) he has no other homestead or any land exceeding three cents in e>..tent, either as owner or as tenant in possession, on which he could erect a homestead ; or
(b) his annual mcome does not exceed one thousand and five hundred rupees.
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Explanation V.-Where a kudikidappukaran transfers his right in the kudikidappu to another person, such person shall be deemed to be a kudikidappukaran if-
(a) he has no other homestead or any land exceeding thrre cents in extent, either as owner or as tenant in possession, on which he could erect a homestead ; or
(b) his annual income does not exceed one thousand and five hundred rupeec; ; " ;
- (c) in clause (45) and in sub-clause {j) of clause (57), for the words and figures " section 4, section 5, section 6, sect10n 7 ",the words, figures and letters "section 4, section 4A, section 5, section 6, section 6A, section 7 " shall be substituted;
(2) in sub-section ( 1) of section 3,-
(a) in clause (iv), in the existing proviso, for the words" Pro• vided that", the words" Provided further that" shall be substituted and before that proviso, the following proviso shall be inserted, namely:-
" Provided that the provisions of this clause shall not apply to-
(a) a tenancy created in favour of a person who was a tenant on the date on which the land or building ot· both came under the control of any of the said officers or the court of wards; or
(b) a tenancy renewed in favour of any such person:";
(b) in clause (v), the word "or" at the e11d of the existing proviso shall be omitted and after that proviso, the following further proviso shall be inserted, namely:-
" Provided further that nothing in this clause shall apply to a cultivating tenant holding land in any area to which the Malabar Tenancy Act, 1929 or the Cochin Verumpattamdars Act, VIII of 1118, extended, under a lease granted before the 3rd day of March, 1943, by a usufructuary mortgagee as defined in the Transfer of Property Act, 1_882; or";
(3) after section 4, the following section shall be inserted, namely:-
"4A. Certam mortgagees of waste lands to be deemed tenants.-( 1) Not· withstanding anything to the contrary contained in any law, or in any contract, custom or usage, or in any judgment, decree or order of court, a mortgagee with possesswn of immovable property shnll be deemed to be a tenant, if-
( a) the property comprised in the mortgage was waste land at the time of mortgage.
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f( ,_·_; Explanation.-For the purposes of this clause, a land shal1 b~ deemed to be waste land notwithstanding the existence thereon of scat- tered trees;
(b) the mortgage money was less than forty per cent of the market value of the land at the ttme of mortgage;
(c) he was by himself or through any member of his family or tarwad holding the property compnsed in the mortgage for a period of not less than thirty years before the commencement of the Kerala Stay of Eviction Proceedings Act, 1967;
(d) he or any member of his family or tarwad effected sub- stantial improvements on the property compnsed in the mortgage.
(2) The mortgage money or any portion thereof may, at the option of the mortgagor, be treated as secunty for rent and he shall return the mortgage money or any portiOn thereof wh1ch he does not elect to treat as security for rent to the tena'lt within six months from the commencement of the Kerala Stay of Evtction Proceedings Act, 1967 ... ;
(4) after section 6, the following section shall be inserted, namely:-
" 6A. Certain mortgagees who were holdzng land on or after lst December, 1930, to be deemed tenants.-( I) Notwithstanding anything to the contrary contained in any law, or in any contract, custom or usage, or in any JUdgment, decree or order of court, a mortgagee WJth posses· sion of immovable property m the areas m the State, to whtch the
Malabar Tenancy Act, 1929, extended, shall be deemed to be a tenant, if-
(a) the property comprised in the mortgage consists of agricultural land;
(b) he was by himself or through any member of his family or tarwad holding the property compnsed in the mortgage as a tenant on or after the 1st day of December, 1930; and
(c) the tenancy was terminated after the 1st day of Decem• ber, 1930, and before the commencement of this Act, but he contmued in possession of the property, wtthout mterruption, by him· se!f or throu.gh any member of h1s fam1ly or tarwad, as a mortgagee w1th possesswn, from the date of such termmat10n till the commence- ment of this Act.
(2) The mortgage money or any portion thereof may at the option of the mortgagor, be treated as secunty for rent and he shall return the mortgage money or the portion thereof which he does not elect to treat as security for rent to the tenant w1thm six months from the commencement of the Kerala Stay of Eviction Proceedings Act 1967,"; I
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(5) in section II,-
(a) after the words" Palghat district, ", tlH: words "or as a gaimakarardar in respect of any land srtuate in the taluk of Hosdrug or Kasaragod in the Cannanore distnct," shall be inserted;
(b) in the proviso, for the words "sambalachittudar or coolipattamdar", the words " sambalachittudar, coolipattamdar or ·'t- gaimakarardar" shall be substituted;
(6) in section 12, for the \\-Ords "panayam or uerpanayam", the words" panayam, nerpanayam or licence" shall be substituted;
(7) sub-section (2) of section 27 shall be omitted;
(8) after section 29, the following section shall be inserted, namely:-
" 29A. Bar of proceedwgs under Chapter XII uf the Code of Cnminal Procedure zn cerlatn cases.-Where a person clarmmg to be a varamdar applies to the Land Tribunal for the preparatiOn of a record of rights or for the determmation of farr rent m respect of the nilam cultivated by him, then, notwithstandmg anything contained in any other law, no Magistrate shall have jurisdictron under Chapter X £I of the Code of Cnminal Procedure, 1898, in respect of a drspute between that person and the owner of the nilam, relating to that mlam, pending preparatron of the record of rights or the determmatron of the !arr rent.'';
(9) in sub-section (I) of section 48, after tltc words ''has been severed,", the words" or a portion of the land demised has been sub- leased," shall be inserted;
(I 0) in section 65, in the proviso to sub-section (2), for the words and figures "section 4, section 5, sect1on 6, section 7 ", the words, figures and letters " sectron 4, sectiOn 4-A, section 5, section 6, sectron 6-A, sect1on 7 " shall be substituted;
(11) in sub-section (l) of section 75, in clause (r), for the words
"another person", the followmg shall be substituted, namely:-
" a person other than- ( a) a member of his family; or
(b) a person who has no other homestead or any land ex• ceeding three cents in extent, either as owner or as tenant in possession, on whrch he could erect a homestead;";
(12) in section 78, for the words "to a member of his family", the words "as provided m this Act" shall be substituted; ( 13) in section 80, the following sub-sections shall be mserted at the end, namely:-
" (6) Notwithstanding anything contained in sub-section (4) or sub•section (5), the Land Board, if 1t rs :.atrsfied that all the kudrkl- dappukars m a vulage have not applied for registration within the lime
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specified under sub-section (4) or allowed under sub·3ection (5), may at any time direct the prescribed officer to invite applications for registration and thereupon the prescnbed officer shall take action under sub-sections (4) and (5).
(7) Any officer not below the rank of a Revenue Divisional Officer authorised by the Government in this behali may, either of his own motion or on an application by any person aggrieved by the registration of a kudikidappukaran under sub-section (5) or the rejection of an application under that sub-section, call for the record of any proceeding which has been taken by the prescribed officer under this section and may make such enquiry or cause ~uch enquiry to be made and may pass such orders thereon, as he thinks fit:
Provided that no order prejudicial to any person shall be passed without giving him an opportunity of being heard.
(8) No order shall be passed under sub-section (7) after the ex pity of a period of one year from the date of registratiOn of the kud1kidappukaran under sub-section (5) or the rejection of the appli- cation under that sub-section, as the case may be, or after the 19th day of May, 1968, whichever is later.";
( 14) in sub-section ( l) of sectiOn 106, for the figures, let ten and word" 18th December, 1957 ",the figures, letters and word "20th May, 1967", shall be substituted;
( 15) after section 117, the following section shall be inserted, namely:-
" 117-A. Penalty for dzsturbance of easements attached to kudi- kidappu.-Any person who in any manner disturbs or interferes with the easements to which a kudikidappukaran is entitled shall be puni11hable with impnsonment for a term which may extend to one year, or with fine which may extend to two thousand rupees, or with both.".
11. Repeal and saving.- (I ) The Kerala Stay of Eviction Proceed- ings Ordinance, 1967 (4 of 1967), is hereby repealed.
(2) Notwithstanding such repeal, anything done or any action taken under the said Ordinance shall be deemed to have been done or taken under this Act as if this Act had commenced on the 20th day of May, 1967.