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Repeal and savmgs.-(1) (a) The Proclamation XVI of 1122 (Cochin), dated the 14th February, 1947, the Proclamation VI of 1124 (Cochin), dated the 12th January, 1949, the Kerala Ryotwari Tenants and Kudikidappukars Protection Act, 1962 and the Kera1a Tenants and Kudikidappukars Protection Act, ! 963, are hereby repealed, and all suits, appeals, revisions, reviews and proceedmgs in execution of decrees stayed by the said enactments may be disposed of by the courts in which they were pending at the commencement of this Act, in accord· ance with the provisions of this Act. (b) The costs m respect of the suits, appeals, revisions, reviews and execution proceedings stayed by the enactments specmed in clause (a) shall be in the discretion of the court. (2) The followmg enactments as in force in any part of the State of Kerala are hereby repealed, namely .- (t) The Cochin Verumpattamdars Act, VIII of 1118. ~ (ii) The Tra"ancore-Cochin Prevention of Eviction of J Kudrkidappukars Act, 1955. (m) The Malabar Tenancy Act, 1929. (tv) The Madras Cultivatmg Tenants (Pa} ment of Fair Rent) Act, 1956. (3) Notwithstanding the repeal of the enactments mentwned in sub-section (2),- --------------------------------------------------------~ 69 (a) any decree passed before the commencement of this Act for the eviction of a tenant f1om his holding, pursuant to which eviction has not been effected, may, on the applicatiOn of the tenant or the landlord, be reopened and the matter may be disposed of in accordance with the provisions of this Act ; (b) any suit for restoration filed under section 24 or section 26 or sub-section (3) of section 53 of the Malabar Tenancy Act, 1929 or any applicatwn for determinalJon of fa1r rent made under section 16 of that Act or any application for fixation of fair rent made under section 9 of the Madras Cultivating Tenants (Payment of Fair Rent) Act, 1956, and pendmg disposal at the commencement of th1s Act shall be disposed of in accordance w1th the provis1ons of the said Acts as if those Acts had not been repealed ; (c) (t) where the decree-holder, plaintiff, appellant or peti· tioner, as the case may be, is a person entitled to resumption of land under this Act, he shall have the right to apply to the court to allow resumption of the holding or any part thereof to which he is entitled ; (u) the application under sub-clause (1) shall be made within one) ear from the commencement of this Act and shall contain a statement of facts in support of the claims of the applicant and also the names and addresses of all persons who have mterest in the hold· ing, either as owner, lessee or kuddudappukaran ; ( tii) the court shall d1spose of the application as if 1t were an application for resumption before the Land Tribunal under this Act ; (d) notwithstanding anything contained in section 11 of the Code of Civil Procedure, 1908, the right conferred on the decree-holder, plamtiff. appellant or petitioner, as the case may be, under sub-clause (t) of clause (c) shall not be deemed to take away or in any manner affect his right to apply for resumption under thiS Act. (4) (t) The Kerala Agrarian Relations Act, 1960, JS hereby repealed. (it) Notwithstandmg the repeal of the Kerala Agrarian Rela· tions Act, 1960 (hereinafter referred to as the said Act),- (a) all applications for determinatiOn of fair rent filed or purported to have been filed under the said Act, in which no order determinmg the fa1r rent had been passed by the Land Tribunal, shall be deemed to have been filed under th1s Act and shall be disposed of accor- dmg to the provisions of tillS Act; (b) where the Land Tribunal constituted or purported to have been constituted under the sa1d Act had passed an order determining the fair 1 ent in respect of a holding, but an appeal or apphcatwn for revlSlon in respect ot such order was pendmg before the appellate or revising authonty at the time when the said Act was declared 70 unconstitutional by the Supreme Court or the High Court, or the proceedmgs under the sa1d Act were sta- yed under the Kerala Tenants and Kud1kidappukars Protection Ordmance, 1962, as the case may be, in Its or their apphcation to the land comprised in the holdmg, such appellate or revising authority shall reopen the matter and dispose of 1t m accordance With the pro- visiOns of this Act, and, for that purpose, shall have all the powers of the appellate or revismg authonty, as the case may be, under th1s Act; (c) where the Land Tribunal const1tuted or purported to have been const1tuted under the sa1d Act had passed an order determming the fair rent m respect of a holding, but the time for prefernng appeal or revis10n in respect of such order had not exp1red at the time when the said Act was declared unconstitutional by the Supreme Court or the High Court, or the proceedmgs under the said Act were stayed under the Kerala Tenants and Kud1k1dappukars Protection Ordinance, 1962, as the case may. be, m 1ts or the1r apphcatwn to the land compnsed m the holdmg, any party aggrieved by the order of the Land Tribunal may, Within three months from the commencement of th1s Act, prefer an appeal or an application for revlSlon against such order before the appellate or rev1sing authority under tillS Act, and thereupon such authority shall reopen the matter and dispose of1t in accordance w1th the provisions of this Act; (d) in cases where orders dete1 minmg fair rent have been passed or purported to have been passed under the sa1d Act and such orders had become final, such orders shall be deemed to have been passed under this Act for pur- poses of payment of fa1r rent; (e) notwithstandmg anything contained m this Act, the fair rent referred to m sub-clause (d) shall be the rent payable by the cultivating tenant, but such fa1r rent shall not be taken as the bas1s for the determination of the purchase pnce under section 55, and the fair rent for the determination of such purchase price shall be the fair rent determmed under th1s Act. (zit) Subject to the provisions of clause (u), the said Act or the rules, uotifications or orders made or issued thereunder, shall not be deemed to have conferred any right or imposed any hability on any person, as if the sa1d Act had not been enacted. t ( I I ~ 71 ScHEDULE I [ See section 2 (27) ] Kuttanad Area ALLEPPEY DISTRICT Taluk Vtllage "'