Amendment status not verified — confirm the current text below against the official source.
(1) (a) The Mahe (Stay of Eviction Proceedings) Regulation, 1963 (5 of 1963) is hereby repealed and all suits, appeals, revisions, reviews and proceedings in execution of decrees stayed by the said enactment may be disposed of by the courts in which they were pending at the commencement of this Act, in accordance with the provisions of this Act: Provided that where a tenant has, on or after the 31st December, 1963, been evicted from his holding and the eviction could not have taken place if the aforesaid law relating to the stay of eviction had been in force, the Administrator or any other authority empowered by him in this behalf may, suo motu or on application made by the tenant before the expiry of one year after the commencement of this Act and after making 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 18th November, 1964, and section 3-C of the said regulation shall, for that purpose, be deemed to continue in force. 201 (b) The costs in respect of the suits, appeals, revisions, reviews and execution proceedings stayed by the enactment specified in clause (a) shall be in the direction of the court. (2) The Malabar Tenancy Act, 1929 (Madras Act 14 of 1930) (hereinafter referred to as the said Act) as applicable to Mahe area is hereby repealed. Notwithstanding the repeal of the Malabar Tenancy Act, 1929 (Madras Act 14 of 1930), under sub-section (2), --- (a) any decree passed before the commencement of this Act for the eviction of a tenant from 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 of section 26 of the said Act and pending disposal at the commencement of this Act shall be disposed of in accordance with the provisions of the said Act as if it has not been repealed; (c) (i) where the decree-holder, plaintiff, appellant or petitioner, as the case may be, is a person entitled to resumption of land under this Act, he shall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; (ii) the application under sub-clause (i) shall be made within one year 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 person who have interest in the holding, either as owner, lessee or kudikidappukaran; (iii) the court shall dispose of the application as if it were an application for resumption before the Land Tribunal under this Act; (d) notwithstanding anything contained in the law for the time being in force relating to civil procedure in the matter of res judicata, the right conferred on the decree-holder, plaintiff, appellant or petitioner, as the case may be, under sub- clause (i) of clause (c) shall not be deemed to take away or in any manner affect his right to apply for resumption under this Act; (e) all applications for determination of fair rent filed or purported to have been filed under the said Act in which no order determining the fair rent had been passed by the rent court shall be deemed to have been filed under this Act and shall be disposed of according to the provisions of this Act; (f) where the rent court constituted under the said Act had passed an order determining the fair rent in respect of a holding, but an appeal or application for revision in respect of such order was pending before the appellate or revising 202 authority, at the time of the commencement of this Act, such appellate or revising authority shall reopen the matter and dispose of it in accordance with the provisions of this Act and for that purpose, shall have all the powers of the appellate or revising authority, as the case may be, under this Act; (g) where the rent court constituted under the said Act had passed an order determining the fair rent in respect of a holding, but the time for preferring an appeal or revision in respect of such order had not expired at the commencement of this Act, any party aggrieved by the order of the rent court may, within three months from the commencement of this Act, prefer an appeal or an application for revision against such order before the appellate or revising authority under this Act and thereupon such authority shall reopen the matter and dispose of it is accordance with the provision of this Act. *[SCHEDULE – I [See section 2 (47) and 92 (4)] PART – I Lands other than nilam Class of land Standard acre