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State of Kerala - Section

Section 6A in Kerala Land Reforms Act, 1963

6A. [ Certain persons who were holding land on or after 1st December, 1930, to be deemed tenants. [Substituted by Act No. 35 of 1965.]

- Notwithstanding anything to the contrary contained in any law, or in any contract, custom or usage, or in any judgement, decree or order of court, a person in possession of immovable property in any area in the State to which the Malabar Tenancy Act, 1929, extended, whether as mortgagee or otherwise, shall be deemed to be a tenant if:
(a)the property in his possession consists of agricultural land;
(b)he or any of his predecessors-in-interest was holding the property as a tenant on or after the 1st day of December 1930: and
(c)the tenancy was terminated after the 1st day of December, 1930 and before the commencement of this Act, but his predecessors-in-interest or himself continued in possession of the property, without interruption, whether as a mortgagee with possession or otherwise, from the date of such termination till the commencement of this Act.
Explanation I. - For the purposes of clause (b), "tenant" means a tenant as defined in the Malabar Tenancy Act, 1929, as in force on the 1st day of November, 1956.Explanation II. - An interruption for a period not exceeding an agricultural year immediately following the termination of the tenancy shall not deemed to be an interruption for the purpose of clause (c).