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State of Kerala - Section

Section 23 in Kerala Land Reforms Act, 1963

23. Tenant's right to sue for restoration of possession of land.

(1)In any case in which any land has been resumed on the ground specified in Section 14 or Section 15 or Section 16 or [***] [Omitted by Act No. 35 of 1969.] Section 19, if, within three years of such resumption, the person who resumed the land fails without reasonable excuse to use the land for the purpose for which it was resumed, the cultivating tenant shall, subject to the provisions of Section 24, be entitled to apply to the Land Tribunal for the restoration to him of the possession of the land or a portion of the land which was resumed and to hold it with all the rights and subject to all the liabilities of a cultivating tenant:Provided that a cultivating tenant shall not be entitled to restoration under this Sub-section if he is in possession of land equal to or exceeding the ceiling area, nor shall a cultivating tenant be entitled to restoration of an extent of land which together with the extend of land in his possession will exceed the ceiling area.
(2)The provisions of Section 22, shall, mutatis mutandis, be applicable to the form and procedure in regard to the application for restoration and the manner of execution of the orders of restoration.