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State of Kerala - Section

Section 13B in Kerala Land Reforms Act, 1963

13B. [ Restoration of the possession of certain holdings sold for arrears of rent. [Inserted by Act No. 35 of 1969.]

(1)Notwithstanding anything to the contrary contained in any law, or in any judgement, decree or order of court, where any holding has been sold in execution of any decree for arrears of rent, and the tenant has been dispossessed of the holding after the 1st day of April, 1964, and before the commencement of the Kerala Land Reforms (Amendment) Act, 1969, such sale shall stand set aside and such tenant shall be entitled to restoration of possession of the holding, subject to the provisions of this Section :Provided that nothing in this Sub-section shalt apply in any case where the holding has been sold to a bonafide purchaser for consideration after the date oi such dispossession and before the date of publication of the Kerala Land Reforms (Amendment) Bill, 1968. in the Gazette.
(2)Any person entitled to restoration of possession of his holding under Sub-section (1) may, within a period of six months from the commencement of the Kerala Land Reforms (Amendment) Act, NO, deposit the purchase money together with interest at the rate of six per cent per annum in the court and apply to the court for setting aside the sate and for restoration of possession of his holding.
(3)The court shall, if satisfied after such summary enquiry as the court deems fit, set aside the salt and restore the applicant to possession of his holding.
(4)I he court may also order the applicant to deposit in court such amount as may be specified by the court towards costs of the decree-holder or the auction purchaser and the value of improvements, if any. effected on the holding after the sale.Explanation. - For the purposes of this Section, the term "holding" includes a pan of a holding.]