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State of Kerala - Section

Section 22 in Kerala Land Reforms Act, 1963

22. Procedure for resumption.

(1)A landlord desiring to resume any land shall apply to the Land Tribunal within whose jurisdiction the land is situated for an order of resumption. The application shall be in such form and shall contain such particulars as may be prescribed.[Explanation. [Added by Act No. 35 of 1969.] - For the purposes of this sub Section, "landlord" shall include a landlord referred to in the clause (i) or clause (ii) of Sub-section (2) of Section 13.]
(2)The Land Tribunal shall duly enquire into the application and pass appropriate orders thereon. Where the order allows resumption, it shall specify the extent and location of the land allowed to be resumed, the rent payable in respect of the portion, if any, that would be left after resumption and such other particulars as may be prescribed and directing the landlord to make, within such time and in such manner as may be prescribed, payments to extinguish the rights of the cultivating tenant and the intermediaries, if any, who would be affected by such resumption.
(3)Land Tribunal may, for sufficient reasons extend the time prescribed under Sub-section (2) for making payments by the land lord.
(4)[The cultivating tenants shall be entitled to opt for the location of the portion of the holding which may be allowed to be resumed: and where the tenant has not so opted, the location of the portion to be resumed shall be decided by the Land Tribunal having regard to the nature, fertility and other conditions of the portion of the land which may be allowed to be resumed and the portion left with the cultivation tenant.] [Substiuted by Act No. 35 of 1969.]
(5)Where the application is for resumption under Section 16 from a tenant who is in possession of land exceeding the ceiling area and there are other landlord under whom the tenant holds, the Land Tribunal shall give notice of the application to ail other landlords so far as known to it, specifying a date within which they may apply for resumption or any land from such tenant. The Land Tribunal shall consider all applications from landlords for resumption from such tenant received within the specified time together, and, where the extent of land in the possession of the tenant in excess of the ceiling area is less than the aggregate of the extent of land applied to be resumed by the landlords, the Land Tribunal shall allow resumption by all the landlords equitably having regard to all circumstances.
(6)Where any land is resumed after making the payments as directed by the Land Tribunal, all the rights of the cultivating tenant and the intermediaries, if any, holding between the landlord resuming the land and the cultivating tenant in respect of the land, shall stand extinguished.
(7)[ Where a landlord deposits the amounts in accordance with the directions of the Land Tribunal, the Land Tribunal shall put the landlord in possession of the land allowed to be resumed, if need by removing any person who refuses to vacate the same.] [Substiuted by Act No. 35 of 1969.]
(8)Where a landlord fails to deposit the amounts in the accordance with the directions of the Land Tribunal, the order of resumption shall be treated as cancelled and the landlord shall have no further right for resumption.