80B. [ Procedure for purchase by kudikidappukaran. [Inserted by Act No. 35 of 1969.]
(1)A kudikidappukaran entitled under Section 80A to purchase the kudikidappu occupied by him and lands adjoining thereto may apply to the Land Tribunal for such purchase.(2)An application under Sub-section (I) shall be in such foam and shall contain such particulars as may be prescribed.(3)The Land Tribunal shall, after giving notice to the kudikidappukars in the land in which the kudikidappu is situate and other persons interested in the land and after such enquiry as may be prescribed, pass such orders on the application as it thinks fit:[Provided that where an application under Sub-section (1) of Section 77 in respect of the kudikidappu is pending, the Land Tribunal shall not pass any order under this Sub-section before the disposal of that application.](4)An order under Sub-section (3) allowing an application shall specify-(i)the extent of land which the kudikidappukaran is en-titled to purchase;(ii)the purchase price payable in respect of the Land allowed to be purchased by the kudikidappukaran;(iii)the amounts due to the person in possession of the land in which the kudikidappu is situate and other persons interested in the land;(iv)the value of encumbrance subsisting or claimsior-main-tenance or alimony charged on the land allowed to be purchased by the kudikidappukaran;(v)the amount payable to the holder of the encumbrance or the person entitled to the maintenance or alimony and the order of priority in which such amount is payable;(vi)such other particulars as may he prescribed.(5)If the person in possession of the land in which the kudikidappu is situate or the landowner or the intermediary, if ariy, of the land is liable to pay any amount to the kudikidappukaran towards the price of the homestead or the cost of shifting the kudikidappu, the Land Tribunal shall in passing orders on the application for purchase set off such amount against the purchase price payable to such person.(6)Where the right, title and interest of the person in possession of the land in which the kudikidappu is situate or any other person interested in the land form part of the security for any encumbrance or charge fur maintenance or alimony, the Land Tribunal shall for the purpose of determining the value of the encumbrance or the charge for the maintenance or alimony relating to the portion in respect of which purchase is allowed, apportion the entire encumbrance or charge for the maintenance or alimony, between the land in which the kudikidappu is situate and the portion allowed to be purchased in proportion to the values of the two portions.(7)Where the person in possession of the land in which the kudikidappu is situate is a tenant, the purchase price payable in respect of the land to be purchased shall be apportioned among the landowner, the intermediaries, if any, and the tenant in possession of the land in proportion to the profits derivable by them from the holding.Explanation. - "Profits derivable from the land" shall be deemed to be equal to -(i)in the case of a landowner, the rent which he was entitled to get from the tenant holding immediately under him;(ii)in the case of an intermediary, the difference between the rent which he was entitled to get from his tenant and the rent for which he was liable to his landlord; and(iii)in the case of the tenant in possession, the difference between the net income and the rent payable by him; and the rent payable by such tenant and the intermediary for the purpose of this Explanation shall be as calculated under the provisions of this Act.]
