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[Cites 0, Cited by 0] [Section 114] [Entire Act]

State of Kerala - Subsection

Section 114(5) in Kerala Land Reforms Act, 1963

(5)In the Kerala Prevention of Eviction Act, 1966, -
(i)in clause (a) of Section 2, the words, brackets and figures "as amended by the Kerala Land Reforms (Amendment) Act, 1969" shall be inserted at the end.
(ii)for Section 8 the following Section shall be substituted, namely:
"8. Stay of suits or other proceedings for eviction. - Where in any suit or other proceeding for the eviction of a cultivating tenant, a holder of a kudiyirippu or a kudikidappukaran from his holding, kudiyiruppu or kudikidappu, as the case maybe, whether pending at the commencement of this Act or instituted after such commencement, the cultivating tenant or the holder of the kudiyiruppu or the kudikidappukaran makes a representation to the court or the Land Tribunal in which such suit or other proceeding is pending or instituted that no record of rights in respect of the holding or register of kudikidappukars in respect of the area in which that kudikidappu is situate, as the case may be, has been prepared, and made available to it and the court or the Land Tribunal shall not proceed with the suit or proceeding until the record of rights in respect of the holding or the land in which the kudikidappu is situate, as the case may be, is prepared, and made available to it and the court or the Land Tribunal shall also, by order, direct the Tahsildar of the Taluk in which the holding or the kudikidappu is situate to prepare a record of rights in respect of the holding or, as the case may he, the land in which the kudikidappu is situate and to file the same in the court or the Land Tribunal and the Tahsildar shall cause the same to he prepared in the manner prescribed under the Kerala Land Reforms Act, 1963:Provided that where the area in which the holding or kudikidappu is situate has been notified by the Government under Sub-section (1) of Section 3 of the Kerala Record of Rights Act, 1968, the court or the Land Tribunal shall direct the prescribed officer under that Act instead of the Tahsildar to prepare a record of rights in respect of the holding or, as the case may be, the land in which the kudikidappu is situate, in accordance with the provisions of the said Act and to file the same in the court or the Land Tribunal"