106. Special provisions relating to leases for Commercial or industrial purposes.
- [(1) Notwithstanding anything contained in this Act, or in any other law, or in any contract, or in any order or decree of court, where on any land leased for commercial or industrial purposes, the lessee has constructed buildings for such commercial or industrial purpose before the 20th May, 1967, he shall not be liable to he evicted from-such land, but shall be liable to pay rent under the contract of tenancy, and such rent shall be liable to be varied every twelve years.Explanation. - For the purposes of this Section-(a)"lessee" includes a legal representative or an assignee of the lessee; and(b)"building" means a permanent or a temporary building and includes a shed.(1A)The lessor or the lessee may apply to such authority as may be prescribed for varying the rent referred to in Sub-section (1), and thereupon such authority may, after taking into consideration such matters us may be prescribed and after giving the lessor and the lessee an opportunity of being heard, pass such orders on the application as it deems fit.] [Substituted by Act No. 35 of 1969.](2)If between the 18th December, 1957 and the date of commencement of this Act, any decree or order of court has been executed and any person dispossessed by delivery, such person shall, on application before the Land Tribunal, he entitled to restoration of possession:Provided that, before restoration, such person shall be liable to pay-(i)the compensation paid by the landlord for any improvements in the land and subsisting at the time of restoration;(ii)the compensation for any improvements effected subsequent to the delivery:Provided further that he shall not be entitled to restoration if the property has passed on to the possession of a bonafide transferee for value.(3)[ Nothing contained in Sub-section 01; Sub-section (1A) and Sub-section (2) shall apply to lands owned or held by the Government of Kerala or a local authority.] [Inserted by Act No. 35 of 1969.][Explanation. [Added by Act No. 17 of 1972.] - For the purposes of this Sub-section, "local authority" includes the Cochin Port Trust and any University established by an Act of the Kerala State Legislature.]Lease for commercial or industrial purposes.
