(1)(a)The Proclamation XVI of 1122 (Cochin), dated the 14th February, 1947, the Proclamation VI of 1124 (Cochin), dated the 12th January, 1949, the Kerala Roytwari Tenants and Kudikidappukars Protection Act, 1962 and the Kerala Tenants and Kudikidappukars Protection Act, 1963, are hereby repealed, and all suits, appeals, revisions, reviews and proceedings in execution of decrees stayed by the said enactments may be disposed of by the courts in which they were pending at the commencement of this Act, in accordance with the provisions of this Act.(b)The costs in respect of the suits, appeals, revisions, re-views and execution proceedings stayed by the enactments specified in clause (a) shall be in the discretion of the court.(2)The following enactments as in force in any part of the State of Kerala are hereby repealed, namely:-(i)The Cochin Verumpattamdars Act, VIII of 1118(ii)The Travancore-Cochin Prevention of Eviction of Kudikidappukars Act, 1955.(iii)The Malabar Tenancy Act, 1929.(iv)The Madras Cultivating Tenants (Payment of Fair Rent) Act, 1956.(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of this Act shall be disposed of in accordance with the provisions of the said Acts as if those Acts had not been repealed;(c)(i)Where the decree-holder, plaintiff, appellant or petitioner, as the case may be, is a person entitled to resumption of land under this Act he shall have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.(4)(i)The Kerala Agrarian Relations Act, 1960, is hereby repealed.(ii)Notwithstanding the repeal of the Kerala Agrarian Relations Act, 1960 (hereinafter referred to as the said Act), -(a)all applications for determination of fair rent filed or purported to have been filed under the said Act, in which no order determining the fair rent had been passed by the Land Tribunal, shall be deemed to have been filed under this Act and shall be disposed of according to the provisions of this Act;(b)where the Land Tribunal constituted or purported to have been constituted under the said Act had passed an order determining the fair rent in respect of a holding, but an appeal or application for revision in respect of such order was pending before the Appellate or revising authority at the time when the said Act was declared unconstitutional by the Supreme Court or the High Court, or the proceedings under the said Act were stayed under the Kerala Tenants and Kudikidappukars Protection Ordinance, 1962, as the case may be, in its or their application to the land comprised in the holding, such Appellate or revising authority shall reopen the matter and dispose of it in accordance with the provisions of this Act, and, for that purpose, shall have all the powers of the Appellate or revising authority, as the case may be, under this Act;(c)Where the Land Tribunal constituted or purported to have been constituted under the said Act had passed an order determining the fair rent in respect of a holding, but the time for preferring appeal or revision in respect of such order had not expired at the time when the said Act was declared unconstitutional by the Supreme Court or the High Court, or the proceedings under the said Act were stayed under the Kerala Tenants and Kudikidappukars Protection Ordinance, 1962, as the case may be, in its or their application to the land comprised in the holding, any party aggrieved by the order of the Land Tribunal may, within three months from the commencement of this Act, prefer an appeal or an application for revision against such order before the Appellate or revising authority under this Act, and thereupon such authority shall re-open the matter and dispose of it in accordance with the provisions of this Act;(d)in cases where orders determining fair rent have been passed or purported to have been passed under the said Act and such order had become final, such orders shall be deemed to have been passed under this Act for purposes of payment of fair rent;(e)notwithstanding anything contained in this Act, the fair rent referred to in sub-clause (d) shall be the rent payable by the cultivating tenant, but such fair rent shall not be taken as the basis for the determination of the purchase price under Section 55, and the fair rent for the determination of such purchase price shall be the fair rent determined under this Act.(iii)Subject to the provisions of clause (ii), the said Act or the rules, notifications or orders made or issued thereunder, shall not be deemed to have conferred any right or imposed any liability on any person, as if the said Act had not been enacted.
