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State of Kerala - Section

Section 56 in Kerala Land Reforms Act, 1963

56. Purchase price to be distributed among the landowner and intermediaries.

(1)Where the right, title and interest of the landowner and the intermediaries in respect of a holding have been purchased by the cultivating tenant, the purchase price paid by the cultivating tenant shall be paid to the landowner or apportioned among the landowner and the intermediaries, as the case may be, in accordance with the provisions of Sub-sections (2)and(3).
(2)Where there is no intermediary, the landowner shall be entitled to the entire purchase price paid by the cultivating tenant.
(3)Where there is an intermediary or there are intermediaries-
(i)the amount of 16 times the fair rent paid by the cultivating tenant shall be apportioned among the landowner and the intermediary or intermediaries in proportion to the profits derived by them from the holding; and
(ii)the value of structures, wells and embankments of a permanent nature and half the value of the timber trees paid by the cultivating tenant shall be payable to the land-owner or the intermediary to whom such structures, wells, embankment, and timber trees belong:
[Provided that where the aggregate of the value of structures, wells and embankments and one-half of the value of timber trees has been limited to sixteen times the fair rent under the proviso to Section 55, the amount payable under this clause to the landowner and the intermediary or intermediaries shall be sixteen times such fair rent apportioned among the landowner and intermediary or intermediaries in proportion to the value of the structures, wells, embankments and limber trees belonging to each of them.] [Inserted by Act 35 of 1969.]Explanation. - "Profits derived from the holding" shall, for the purposes of this Sub-section, mean, in the case of the landowner, the rent to which he is entitled and, in the case of an intermediary, the difference between the rent due to him from his tenant and the rent for which the intermediary is liable to his landlord [and where there is no evidence as to the rent for which the intermediary is liable to his landlord, it shall be presumed that such rent is one-half of the rent payable to the intermediary by his tenant.] [Inserted by Act 35 of 1969.]