Bare ActsThe Kerala Land Reforms Act, 1963 (No.1 of 1964)

Section 22

Procedure for resumption

Amendment status not verified — confirm the current text below against the official source.

Procedure for resumption.-( I) A landlord desiring to resume any land shall apply to the Land Tribunal within whose jurisdictiOn the land is situate for an order of resumption. The application shall be in such form and shall contain such part1culars as may be prescribed. (2) The Land Tribunal shall duly enquire into the application and pass appropriate orders thereon. Where the order allows resumption, it shall specify the extent and location of the land allowed to be resumed, the rent payable in respect of the portion, if any, that would be left after resumptiOn and such other particulars as may be prescribed and directing the landlord to make, within such time and in such manner as may be prescribed, payments to extmguish the rights of the culti- vating tenant and the intermediaries, if any, who would be affected by such resumption. · 26 (3) The Land Tribunal may, for sufficient reasons, extend the time prescnbed under sub-section(2)for making payments by the land- lord. ( 4) In deciding the location of the portion of the holding allowed to be resumed, the Land Tribunal shall have regard to the nature, fertility and other conditions of the portion of the land which may be allowed to be resumed and the portion left with the cultivating tenant. (5) Where the application is for resumption under section 16 from a tenant who is in possession of land exceeding the ceiling area and there are other landlords under whom the tenant holds, the Land Tribunal shall give notice of the application to all other landlords so far as known to it, specifying a date within which they may apply for resum- ption of any land from such tenant. The Land Tribunal shall consider all applications from landlords for resumption from such tenant received within the specified time together, and, where the extent of land in the possession of the tenant in exce'>s of the ce1ling area is less than the aggregate of the extent of land applied to be resumed by the landlords, the Land Tribunal shall allow resumption by all the landlords equitably having regard to all circumstances. (6) Where any land is resumed after making the payments as directed .by the Land Tribunal, all the rights of the cultivating tenant and intermediaries, if any, holding between the landlord resuming the land and the cult1vating tenant in respect of the land, shall stand extingmshed. (7) An order for resumption may be executed through the court as if the order were a decree passed by it. (8) Where a landlord fails to deposit the amounts in accordance with the directions of the Land Tribunal, the order of resumption shall be treated as cancelled and the landlord shall have no further right for resumption.

Section 22 – The Kerala Land Reforms Act, 1963 (No.1 of 1964) | DailyLaw.ai