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[Cites 0, Cited by 4] [Section 132] [Entire Act]

State of Kerala - Subsection

Section 132(3) in Kerala Land Reforms Act, 1963

(3)Notwithstanding the repeal of the enactments mentioned in 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 or Section 26 or Sub-section (3) of Section 53 of the Malabar Tenancy Act, 1929 or any application for determination of fair rent made under Section 16 of that Act or any application for fixation of fair rent made under Section 9 of the Madras Cultivating Tenants (Payment of Fair Rent) Act, 1956, and pending disposal at the commencement of this Act shall be disposed of in accordance with the provisions of the said Acts as if those Acts had not been repealed;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 persons 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 Section 11 of me Code of Civil Procedure, 1908, 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.