Amendment status not verified — confirm the current text below against the official source.
(1) Notwithstanding anything to the contrary contained in any other law or any judgment, decree or order of any court, where in any suit, or proceedings in respect of any application, or appeal, or revision, or review, or proceedings in execution of any decree or order (including proceedings incidental or ancillary thereto), or other proceedings, in respect of any land (other than land principally planted with rubber, coffee, tea or cardamom) comprised in a mortgage, pending before any court or Land Tribunal or appellate authority or other authority or officer at the commencement of the Kerala Cultivators and Tenants (Temporary Protection) Amendment Act, 1971 or instituted or filed or initiated after such commencement, the mortgage (in cases where the lease was granted before the 1st day of April, 1964) has filed or files a statement in writing-- (a) that he was in possession of such land for a continuous period of not less than fifty years immediately preceding the 1st day of January, 1970; or (b) that he has constructed a building for his own residence in such land, that he was occupying such building for such purpose for a continuous period of not less than twenty years immediately preceding the 1st day of January, 1970 and that he or where he is a member of a family, such family was not holding any other any other land exceeding two acres in extent on the date of publication of the Kerala Land Reforms (Amendment) Bill, 1968, in the Gazette, the court of Land Tribunal or appellate authority or officer, as the case may be shall not proceed with that suit, appeal, revision, review, or other proceedings, as the case may be. Explanation I.- In computing the period of continuous possession or occupation by a lessee, the period during which the mortgage was in possession or occupation as the case may be, may also be taken in to account. Explanation II.- In computing the period of fifty years referred to in clause (a) the period during which the predecessor-in-interest or predecessors-in-interest of the mortgagee or lessee was or were in possession of the land may also be taken in account. Explanation III.- In computing the period of twenty years referred to in clause (b), occupation of the building by any member of the mortgage or lessee for residential purpose may be considered to be occupation by the mortgagee or lessee as the case may be, for such purpose. Explanation IV.- For the purposes of clause (b),-- (i)"mortgagee" or "lessee" shall include a predecessor-in-interest of the mortgagee or "lessee", as the case may be; (ii) "building" includes a hut. (2) Nothing contained in sub-section (1) shall apply in any case where the party who has filed or files the statement referred to in that sub-section is admitted to be tenant of the land to which that statement relates".] Substituted by Act 3 of 1972