4A. [ Certain mortgagees and lessees of mortgagees to be deemed tenants. [Substituted by Act No. 16 of 1989.]
(1)Notwithstanding anything to the contrary contained in any law or in any contract custom or usage, or in any judgement, degree or order of court, a mortgagee with possession of land, other than land principally planted with rubber, coffee, tea or cardamom, or the lessee of a mortgagee of such land shall be deemed to be tenant if-(a)the mortgagee or lessee was holding the land comprised in the mortgage for a continuous period of not less than fifty years immediately preceding the commencement of the Kerala Land Reforms (Amendment) Act, 1969; or(b)the mortgagee of lessee has constructed a building for his own, evidence in the land comprised in the mortgage and he was occupying such building for such purpose tor a continuous period of not less than twenty years immediately preceding such commencement:Provided that a mortgagee or lessee falling under this cause shall not he deemed to be a tenant if he, or, where he is a member of a family, such family was holding any other hand exceeding two acres in extent on the date of publication of the Kerala Land Reforms Amendment Bill, 1968, in the Gazette; or(c)the land comprised in the mortgage was waste land at the time of mortgage or land to which the Madras Preservation of Private Forests Act, 1949, would have applied if that Act had been in force at the time of mortgage, and:(i)the mortgagee or lessee was holding such land far a period of not less than thirty years immediately preceding the commencement of the Kerala Land Reforms (Amendment) Act, 1969; and(ii)the mortgagee or lessee has effected substantial improvements on such land before such commencement.Explanation I. - For the purposes of this Sub-section, in computing the period of continuous possession or occupation by a lessee, the period during which the mortgagee was in possession or occupation, as the case may be, shall also be taken into account.Explanation II. - in computing the period of fifty years referred to in clause (a) or the period of thirty years referred to in clause (c), the period during which the predecessor-in-interest or predecessors-in-interest of the mortgagee or lessee was or were holding the property shad also be taken into account.Explanation III. - For the purposes of clause (b),:(i)"mortgagee" or "lessee" shall include a predecessor-in-interest of the mortgagee or lessee, as the case may be;(ii)"building" includes a hut.Explanation IV. - In computing the period of twenty years referred to in clause (b), occupation of the building by any member of the family of the mortgagee or lessee for residential purpose shall be deemed to be occupation by the mortgagee or lessee, as the case may be, for such purpose.Explanation V. - In calculating the extent of land held by a family for the purposes of clause (b), all the lands held individually by the members of the family or jointly by some or all of the members of such family shall be deemed to be deemed to be held by the family.Explanation VI. - For the purposes of sub-clause (ii) of clause (c):(i)improvements made by the mortgagee shall be deemed to be improvements made by the lesser,:(ii)"mortgagee" or "lessee" shall include a predecessor-in-interest of the mortgagee or lessee, as the case may be.Explanation VII. - For the purposes of clause (c):(i)improvements shall be deemed to be substantial improvements if the value thereof on the date of commencement of the Kerala Land Reforms (Amendment) Act, 1969. is not less than twenty five per cent of the market value of the land on that date;(ii)a land shall be deemed to be waste land notwithstanding the existence of scattered trees thereon.(2)Nothing contained in Sub-section (1) shall apply to a lessee if the lease was granted on or after the commencement of this Act.] [Substituted by Act No. 35 of 1969.]
