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[Cites 0, Cited by 15] [Entire Act]

State of Kerala - Section

Section 53 in Kerala Land Reforms Act, 1963

53. cultivating tenant's right to purchase landlord's rights.

(1)Cultivating tenant (including the holder of a kudiyiruppu, and the holder of a karaima), entitled to fixity of a tenure under Section 13, shall be entitled to purchase the right, title and interest of the landowner and the intermediaries, if any, in respect of the land comprised in his holding:Provided that -
(i)if the landlord is entitled to resume any portion of the holding under this Act and he applies for such resumption, the cultivating tenant shall be entitled to purchase the right, title and interest of the landowner and the intermediaries only in respect of the remaining portion of the holding;
(ii)no cultivating tenant shall be entitled ed to purchase the right, title and interest in respect of any land under this Section if he, or if he is a member of a family, such family, owns an extent of land riot less than the ceiling area;
(iii)Where the cultivating tenant or, if he is a member of a family, such family, does not own any land or owns an extent of land which is less than the ceiling area, he shall be entitled to purchase the right, title and interest in respect of only such extent of land as well, together with the !and, if any, owned by him or his family, as the case may be, equal to the ceiling area.
Explanation. - In calculating the extent of land owned by the cultivating tenant or, where he is a member of a family, by such family, for the purposes of clause (ii) or clause MO of the proviso to this Sub-section, the portion of the land owned by such cultivating tenant or by the family, which is liable to be purchased by the cultivating tenants holding under such tenant or family shall not be taken into account.
(2)[ The provisions of Section 82 shall, so far as may be, apply to the calculation of the ceiling area for the purposes of Sub-section:Provided that if no date has been notified under Section 83, the date of application by the cultivating tenant under Section 54 shall be deemed to be the date notified under Section 83.] [Substituted by Act 35 of 1969.]