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State of Kerala - Section

Section 13A in Kerala Land Reforms Act, 1963

13A. [ Restoration of possession of persons dispossessed on or after 1st April, 1964. [Inserted by Act No. 35 of 1969.]

(1)Notwithstanding anything to the contrary contained in any law, or in any contract, custom or usage, or in any judgement, decree or order of court, where any person has been dis-possessed of the land in his occupation on or after the 1st day of April, 1964, such person shall, if he would have been a tenant under this Act as amended by the Kerala Land Reforms (Amendment) Act, 1969, at the time of such dispossession, he entitled subject to the provisions of this Section to restoration of possession of the land:Provided that nothing in this Sub-section shall:
(a)apply in any case where the said land has been sold to a bonafide purchaser for consideration before the date of publication of the Kerala Land Reforms (Amendment) Bill 1968, in the Gazette; or
(b)entitle any person to restoration of possession of any and which has been resumed under the provisions of this Act.
(2)Any person entitled to restoration of possession under Sub-section (1) may, within a period of six months from the commencement of the Kerala Land Reforms (Amendment) Act, 1969, apply to the Land tribunal for the restoration of possession of the land.
(3)The Land Tribunal may, after such inquiry as it deems fit; pass an order allowing the application for restoration and directing the applicant to deposit the compensation, if any, received by the applicant under any decree or order of court towards value of improvements or otherwise and the value of improvements, if any, effected on the land after the dispossession as may be determined by the Land Tribunal, within such period as may he specified in the order.
(4)On the deposit of the compensation and value of improvements as required in the order under Sub-section (3), the Land Tribunal shall restore the applicant to possession of the land, if need be by removing any person who refuses to vacate the same.]