72. [ Vesting of landlord s fights its Government. [Substituted by Act No. 35 of 1969.]
(1)On a date to be notified by the Government in this behalf in the Gazette, all right, title and interest of the landowners and intermediaries in respect of holdings held by cultivating tenants (including holders of kudiyirippus and holders karaimas) entitled to fixity of tenure under Section 13,and in respect of which certificates of purchase under Sub-section (2) of Section 59 have not been issued, shall, subject to the provisions of SH lion, vest in the government free from all encumbrances created by the landowners and intermediaries and subsisting thereon the said date:Provided that nothing contained in this Sub-section shall apply to a holding or part of a holding in respect of which an application for resumption under the provisions of this Act is pending on such date before ,my court or tribunal or in appeal or revision.(2)Where in the case of a holding or part of a holding mentioned in the proviso to Sub-section (I) the order rejecting the application for resumption, either in part or in full, has become final, the right, title and interest of the landowner and the intermediaries, if any, of the holding or part of the holding, as the case may be, in respect of which resumption has not been allowed shall, with effect from the date on which the application for resumption has been finally rejected, vest in the Government free from all encumbrances created by the landowner and the intermediaries, if any, and subsisting thereon on the said date.(3)Where any land or portion of a land is restored to the possession of any person under the provisions of this Act after the daily notified under Sub-section (1), the right, title and interest or the land-owner and intermediaries, if any, in respect of such land or portion of land shall, from the date of such restoration, vest in the Government free from all encumbrances created by the landowner and intermediaries and subsisting thereon on the said date.(4)Where in the case of a holding or part of a holding, the land owner or an intermediary is a minor or a person of unsound minor a member of the Armed Forces or a seaman or a legal representative of any such member or seaman, or a small holder, the not, title sand interest of the landowner and intermediaries, if any, in respect of such holding or part of a holding shall vest in the Government:-(a)on the expiry of six month, from the commencement of the Kerala Land Reforms (Amendment) Act, 1969, or on the date notified under Sub-section (1), whichever is later, in cases where no application for resumption of the holding or part of the holding has peen preferred;(b)in any case where application for resumption has been preferred, on the date on which the order rejecting such application either in part or in full, has become final or or, the date notified under Sub-section (1), whichever is later.(5)Where an intermediary has resumed any land under the pro-visions of the, Act, the right, title and interest-of the landowner and the other intermediaries in any, in respect of the said land shall vest in the Government free from all encumbrances created by the land owner and other intermediaries with effect from the date resumption or the date notified under the Sub-section (1) whichever is latter.]
