Amendment status not verified — confirm the current text below against the official source.
(1) Notwithstanding anything to the contrary contained in any law, custom, usage or contract, or in any decree or order of court, every tenant shall have fixity of tenure in respect of his holding, and no land from the holding shall be resumed except as provided in section 9 to 17. (2) Nothing in sub-section (1) shall confer fixity of tenure on a tenant holding under a landlord --- (i) who is a member of the Armed Forces or is a seaman, if the tenancy was created by such landlord within a period of three months before he became a member of the Armed Forces or a seaman or while he was serving as such member or seaman; or (ii) who is the legal representative of the landlord referred to in clause (i): Provided that no such landlord shall resume any land from his tenant, if he is already in possession of an extent of land not less than the ceiling area; and where he is in possession of an extent of landless than the ceiling area, the extent of land that may be resumed shall not, together with the land in his possession, exceed the ceiling area: *[ Provided further that a tenant holding under any such landlord shall have fixity of tenure in respect of his holding if the landlord does not claim resumption of the land comprised in the holding within six months from the commencement of the Mahe Land Reforms (Amendment) Act, 1980: Provided also that where any such landlord is prevented is prevented by sufficient cause from not claiming resumption within the said period of six months and he claims resumption at any time before the date notified under section 80, the right of such tenant to fixity of tenure in respect of the holding or part thereof to which the claim for resumption relates shall cease from the date of the application claiming resumption: Provided also that such tenant shall have fixity of tenure in respect of his holding or part thereof from the date of the final rejection of such application in full or in part, as the case may be; (3) Notwithstanding anything to the contrary contained in any law, or in any contract, but subject to the provisions of sub-section (2), the landlord referred to in clause (i) or clause (ii) of sub-section (2) shall be entitled to apply for the resumption from his tenant of the whole or part of his holding within six months from the commencement of Mahe Land Reforms (Amendment) Act, 1980, or if such landlord is prevented by sufficient cause from applying for resumption within such period, at any time before the date notified under section 80.] ________________________________________________________________________ * 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. 82 Restoration of possession of persons dispossessed on or after 22nd March, 1968 *[ 8A. (1) Notwithstanding anything to the contrary contained in any law, or in any contract, custom or usage, or in any judgment, decree or order of court, where any person has been dispossessed of the land in his occupation on or after the 22nd day of March, 1968, such person shall, if he would have been a tenant under this Act as amended by the Mahe Land Reforms (Amendment) Act, 1980, at the time of such dispossession, be entitled subject to the provisions of this section to restoration of possession of the land; Provided that nothing in this sub-section shall --- (a) apply in any case where the said land has been sold to a bona fide purchaser for consideration before the date of publication of the Mahe Land Reforms (Amendment) Bill, 1980, in the Official Gazette; or (b) entitle any person to restoration of possession of any land which has been resumed under the provisions of this Act. (2) Any person entitled to restoration of possession under sub-section (1) may, within a period of six months from the commencement of the Mahe Land Reforms (Amendment) Act, 1980, apply to the Land Tribunal for the restoration of possession of the land. (3) The Land Tribunal may, after such inquiry as it deems fit, pass an order allowing the application for restoration and directing the applicant to deposit the compensation, if any, received by the applicant under any decree or order of court towards value of improvements or otherwise and the value of improvements, if any, effected on the land after the dispossession as may be determined by the Land Tribunal, within such period as may be specified in the order. (4) On the deposit of the compensation and value of improvements as required in the order under sub-section (3), the Land Tribunal shall restore the applicant to possession of the land, if need be, by removing any person who refuses to vacate the same. ________________________________________________________________________ * 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. 83 Restoration of possession of certain holdings sold for arrears of rent