Amendment status not verified — confirm the current text below against the official source.
Where a tenant has, on or after the 28th April, 1962, been evicted from his holding in contravention of the law for the time being in force regulating the relationship of landlord and tenant, the Administrator or any other authority empowered by him in this behalf may, suo motu or on application made by the tenant before the expiration of one year from the date of commencement of this Act and after such enquiry as he may deem fit, restore to the tenant the possession of the land from which he was evicted unless some other tenant, not being a member of the landowner’s family, had been admitted to possession of such land before the date of publication of this Act. Mortgage money not to be returned in certain cases *[ 119A. Notwithstanding anything contained in any law for the time being in force, or in any contract, or in any judgment, decree or order of court, where a mortgagee or any person claiming under him is entitled to fixity of tenure under any provision of this Act, the mortgagor shall not be liable to return the mortgage money or any portion thereof to such mortgagee or person.] Apportionment of land value in cases of acquisition *[ 120. (1) Where any land is acquired under the law for the time being in force providing for the compulsory acquisition of land for public purposes, the compensation awarded under such law in respect of the land acquired shall be apportioned among the landowner, intermediaries, cultivating tenant and the kudikidappukaran in the manner specified in this section. (2) The compensation for any building or other improvements shall be awarded to the person entitled to such building or other improvements. (3) The kudikidappukaran shall be entitled to the value of the land occupied by his homestead or hut subject to a minimum of five cents. ________________________________________________________________________ * Amended vide Act No.1 of 1981 w.e.f 1-4-1981vide Notification published in the Extraordinary Gazette No.32 dated 30.03.1981. 192 (4) The difference between the value of five cents and the value of the extent of the land occupied by the homestead or hut shall, notwithstanding anything contained in the Land Acquisition Act, 1894, be borne by the Government or the local authority or the company or other person on whose behalf the land is acquired. (5) The balance remaining after deducting the compensation referred to in sub-section (2) and the value of the land occupied by the homestead or hut shall be apportioned among the landowner, intermediaries and the cultivating tenant in proportion to the profits derivable by them from the land acquired immediately before such acquisition. Explanation. --- “Profits derivable from the land” shall be deemed to be equal to – (i) in the case of a landowner, the rent which he was entitled to get from the tenant holding immediately under him; (ii) in the case of an intermediary, the difference between the rent which he was entitled to get from his tenant and the rent for which he was liable to his landlord; and (iii) in the case of a cultivating tenant the difference between the net income and the rent payable by him; and the rent payable by the cultivating tenant and the intermediary for the purposes of this Explanation shall be as calculated under the provisions of this Act. (6) Notwithstanding anything contained in sub-sections (2) and (5) where the right, title and interest of the landowner and the intermediaries in respect of the land acquired have vested in the Government under section 80,- (a) the compensation for any building or other improvements belonging to such landowner and intermediaries shall be awarded to the Government; and (b) the balance remaining after deducting the compensation referred to in clause (a) and the value of the land occupied by the homestead or hut, if any, shall be apportioned between the cultivating tenant and the Government in proportion to the profits derivable by them from the land. Explanation. – ”Profits derivable from the land” shall be deemed to be equal to– (i) in the case of the cultivating tenant, the difference between the net income immediately before the acquisition and the rent which he was liable to pay immediately before the date on which the right title and interest of the landowner and the intermediaries have vested in the Government; and 193 (ii) in the case of the Government, such rent. (7) In this section “homestead” includes a dwelling house occupied by a person who is deemed to be a kudikidappukaran under Explanation II to clause (24) of section 2.] Prices published under section 49 to be deemed to be market rates