(2)Nothing in Sub-section (1) shall confer fixity of tenure on a tenant holding under a landlord-(i)who is a member of the Armed Forces or is seaman, if the tenancy was treated by such landlord within a period or three months before he became a member of the Armed Forces or a seaman, or while he was serving as such member or seaman; or(ii)who is the legal representative of the landlord referred to in clause (i):Provided that no such landlord shall resume any land from his tenant, if he is already in possession of an extent of land not less than the ceiling area; and, where he is in possession of an teat of land less than the celling area, the extent of land that may be resumed shall not, together with land in his possession, exceed the ceiling area:[Provided further that a tenant holding under any such landlord shall have fixity of tenure in respect of his holding if the landlord does not claim resumption of the land comprised in the holding within six months from the commencement of the Kerala Land Reforms (Amendment) Act, 1969:Provided also that where any such landlord is prevented by sufficient cause from not claiming resumption within the said period of six months and he claims resumption at any time before the date notified under Section 72, the right of such tenant to fixity of tenure in respect of the holding or part thereof to which the claim for resumption relates shall cease from the date of the application claiming resumption;Provided also that such tenant shall have fixity of tenure in respect of his holding or part thereof from the date of the final rejection of such application in full or in part, as the case may be:] [Substituted by Act No. 35 of 1969.]Provided also that the provisions of this Sub-section shall not apply to tenants who were entitled to fixity of tenure immediately before the 21st January, 1961, under any law then in force.
