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[Cites 0, Cited by 18] [Entire Act]

State of Kerala - Section

Section 73 in Kerala Land Reforms Act, 1963

73. [ Discharge of arrears of rent. [Substituted by Act No. 35 of 1969.]

(1)Notwithstanding anything to the contrary contained in any other law for the time being in force, or in any contract, or in any judgement, decree or order of any court or tribunal, the landlord of a tenant specified in column (1) of the Table below shall be entitled to recover towards arrears of rent accrued due before the 1st day of May, 1968 and outstanding at the commencement of the Kerala Land Reforms (Amendment) Act, 1969, only the amount specified in the corresponding entry in column (2) of the Table:Provided that where an intermediary has collected rent from his tenant for any period prior to the 1st day of May, 1968 and has not paid the rent payable by him to his landlord for the period for which he has so collected, he shall also be liable to pay the rent payable by him for such period to his landlord:Provided further that, subject to the foregoing proviso, no intermediary shall be liable to pay to his landlord anything in excess o' what he is entitled to receive under this Sub-section.Table
Class of tenant   Amount of rent to be paid for discharge
(1)   (2)
Tenant Possessing not more than 5 acres of landin the aggregate whether as owner, mortgagee, lessee orotherwise.   One year's rent or the actual amount inarrears, whichever is less.
Tenant possessing more than 5 acres but notmore than 10 acres of land in the aggregate,    
whether as owner, mortgagee, lessee orotherwise amount in arrears, whichever is less.   Two year's rent or the actual
Tenant possessing more than 10 acres of land inthe aggregate, whether as owner, mortgagee, lessee or otherwise.   Three year s rent or the actual amount inarrears, Whichever is less:
Provided that where the tenant is in possession of more than fifteen acres of land in the aggregate, whether as owner, mortgagee. lessee or otherwise, and the landlord is a small holder, the tenant shall be liable to pay the actual amount in arrears.Explanation. - For the purposes of this Section, the rent for an year shall be deemed to be an amount equal to the rent payable for the year immediately preceding the commencement of the Kerala Land Reforms (Amendment) Act, 1969 and which has accrued due before such commencement.
(2)Where any suit, appeal, revision or application which involves a claim by a landlord for arrears of rent accrued due prior to the 1st day of May, 1968, is pending before any court or Land Tribunal, such Court or Land Tribunal may, after such enquiry as it deems fit, pass an order specifying-
(a)the amount to which the landlord is entitled under Sub-section (1);
(b)the costs, if any. awarded to the landlord in connection with the conduct of the proceedings after the commencement of the Kerala Land Reforms (Amendment) Act, 1969;
(c)the costs, if any, awarded to the tenant in connection with the conduct of the proceedings after such commencement; and
(d)where such costs, are, awarded to the tenant, the amount due to the landlord after deducting such costs.
(3)Where any decree or order has been passed in (avow of landlord before the commencement of the Kerala Land Reforms (Amendment) Act, 1969, by any Court or Land Tribunal for the recovery of arrears of rent accrued due prior to the 1 day of May, 1968, such decree or order shall be enforceable only to the extent of the amount due to such landlord under Sub-section (1); and to determine such amount, any of the parties to the decree or order may apply to the Court or the Land Tribunal, as the case may be, which passed the decree or order, to amend such decree or order in accordance with the provisions of Sub-section (1).
(4)On receipt of an application under Sub-section (3), the Court or the Land Tribunal, as the case may be, may, after such enquiry as it deems fit, reopen the decree or order and pass an order containing the particulars specified in Sub-section (2).
(5)Any landlord who has not instituted a suit or applied under Section 26 for recovery of arrears of rent accrued due prior to the 1st day of May, 1968, before the commencement of the Kerala Land Re-forms {Amendment) Act, 1969, may apply to the Land Tribunal under that Section for recovery of the amount due to him under Sub-section (1) of this Section.
(6)Notwithstanding anything contained in Section 26, on receipt of an application referred to in Sub-section (5), the Land Tribunal may, after such enquiry as it deems fit, pass an order containing the particulars specified in Sub-section (2).
(7)The tenant shall deposit the amount specified in an order under Sub-section (2) or Sub-section (4) or Sub-section (6) as due from him in the Court or Land Tribunal which passed the order within a period of six months from the date of the order.
(8)If the tenant fails to deposit any amount as required by Sub-section (7), such amount shall, on a written requisition from the court or the Land Tribunal, as the case may be, to the District Collector, be recovered under the provisions of the Kerala Revenue Recovery Act, 1968, together with interest at the rate of six percent pee annum from the date of the order under Stab-section (2) or Sub section (4) or Sub. section (6), as the case may he.
(9)Notwithstanding anything contained in this section, a tenant who has paid the amount as provided in Section 34 of the Kerala Agrarian Relations Act, 1960, or in Section 5 of the Kerala Ryotwari Tenants and Kudikidappukars Protection Act, 1962, for the discharge of arrears of rent outstanding on the 11th day of April, 1957, or the arrears of rent accrued due after that date and outstanding on the 15th day of February, 1961, on or before the date specified in those Acts for the payment of the amount, shall not be liable to pay any amount towards arrears of rent for that period.
(10)The assignment by a landlord of his right to receive arrears of rent to any other person shall not affect the benefits conferred on a tenant under this Section.]