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State of Kerala - Section

Section 52 in Kerala Land Reforms Act, 1963

52. Rights as to timber trees.

(1)Notwithstanding any law, custom or contract to the contrary, all timber trees planted by the cultivating tenant or his predecessor-in-interest or spontaneously sprouting and growing in the holding after the commencement of the tenancy in favour of the cultivating tenant or his predecessor-in-interest, shall belong to the cultivating tenant.
(2)[ Subject to the provisions of Sub-sections (3) and (5), in the case of timber trees standing in the holding of a cultivating tenant at the commencement of his tenancy, the cultivating tenant shall have the right to cut and remove such trees, and the landlord or the intermediary shall not have the right to cut and remove such trees.] [Substituted by Act 35 of 1969.]
(3)Where the cultivating tenant exercises his right under Subsection (2), he shall be liable to pay to the landowner or the intermediary, as the case may be, one-half of the market value of the timber trees so cut and removed.[[***] [Omitted by Act 35 of 1969.]
(5)The right conferred by Sub-section (2) shall not be exercisable unless reasonable notice thereof in writing is given to the party to he affected by the exercise of the said right.
(6)If any dispute arises as to the rights of the landowner, intermediary and cultivating tenant over timber, trees, the Land Tribunal shall, on the application of the landowner, intermediary or cultivating tenant, by order, decide the question after hearing all the persons interested.Purchase of landlord's rights by cultivating tenants