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State of Kerala - Section

Section 59 in Kerala Land Reforms Act, 1963

59. Deposit of purchase price and issue of certificate of purchase.

(1)Where an application under Section 54 has been allowed and the purchase price determined under Section 57 by the Land Tribunal, the cultivating tenant shall deposit with the Land Tribunal to the credit of the Land Board: -
(i)where the purchase price is proposed to be paid in a lump, the entire amount due within one year; or
(ii)Where the purchase price is proposed to be paid in instalments, the first instalment thereof within [six months] [Substituted by Act 35 of 1969.] from the date on which the order of the Land Tribunal under Section 57 has become final.
[Provided that Land Tribunal may, on application by the cultivating tenant before the expiry of the said period of one year of six months as the case may he, extend the period for making such deposit, so however that the period so extended shall riot exceed three months.] [Inserted by Act 35 of 1969.]
(2)On the deposit of the purchase price in a lump or of the first instalment of such price, the Land Board shall issue a certificate of purchase to the cultivating tenant and thereupon the right, title and interest of the landowner and the intermediaries, if any, shall vest in the cultivating tenant free from all encumbrances with effect [from the date of the application under Section 54.] [Substituted by Act 35 of 1969.] The certificate of purchase shall be conclusive proof as the purchase by the tenant of the right, title and interest of the landowner and intermediary, if any, over the holding or portion thereof.[Explanation. [Inserted by Act No. 16 of 1976.] - For the removal of doubts, it is hereby declared that on the issue of the certificate of purchase, the landowner or any intermediary shall have no right in the land comprised in the holding and all his rights including rights, if any, in respect of trees reserved for his enjoyment shall stand extinguished.]
(3)Where a cultivating tenant fails to deposit the purchase price in lump or the first instalment thereof, on or before the due date, the order of the Land Tribunal under Section 57 shall stand cancelled arid the cultivating tenant shall continue as cultivating tenant.
(4)Where the purchase price is paid in instalments, the second and subsequent instalments shall be deposited in the Government treasury in the prescribed manner to the credit of the Land Board.