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State of Kerala - Section

Section 125 in Kerala Land Reforms Act, 1963

125. [ Bar of jurisdiction of civil courts. [Substituted by Act No. 35 of 1969.]

(1)No civil court shall have jurisdiction to settle, decide or deal with any question or to determine any matter which is by or under this Act required to be settled, decided or dealt with or to be determined by the Land Tribunal or the Appellate authority or the Land Board the [or Taluk Land Board] or the Government or an officer of the Government:Provided that nothing contained in this Sub-section shall apply to proceedings pending in any court at the commencement of the Kerala Land Reforms (Amendment) Act, 1969.
(2)No order of the Land Tribunal or the Appellate authority or the Land Board [or the Taluk Land Board] [Inserted by Act No. 17 of 1972.] or the Government or an officer of the Government made under this Act shall be questioned in any civil court, except as provided in this Act.
(3)If in any suit or other proceedings any question regarding rights of a tenant or of a kudikidappukaran (including a question as to whether a person is a tenant or a kudikidappukaran) arises, the civil court shall stay the suit or other proceeding and refer such question to the Land Tribunal having jurisdiction over the area in which the land or part thereof is situate together with the relevant records for the decision of that question only.
(4)The Land Tribunal shall decide the question referred to it under Sub-section (3) and return the records together with its decision to the civil court.
(5)The civil court shall then proceed to decide the suit or other proceedings accepting the decision of the Land Tribunal on the question referred to it.
(6)The decision of the Land Tribunal on the question referred to it shall, for the purposes of appeal, be deemed to be part of the finding of the civil court.
(7)No civil court shall have power to grant injunction in any suit or other proceedings referred to in Sub-section (3) restraining any person from entering into or occupying or cultivating any kind or kudikidappu or to appoint a receiver for any property in respect of which a question referred to in that Sub-section has arisen, till such question is decided by the Land Tribunal., and any such injunction granted or appointment made before the commencement of the Kerala Land Reforms (Amendment) Act, 1969, or before such question has arisen, shall stand cancelled.]
(8)[ In this Section, "civil court" shall include a Rent Control Court as defined in the Kerala Buildings (Lease and Rent Control) Act, 1965.] [Inserted by Act No. 17 of 1972.]