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State of Kerala - Section

Section 72MM in Kerala Land Reforms Act, 1963

72MM. [ Assignment by mutual agreement. [Inserted by Act No. 17 of 1972.]

(1)Notwithstanding anything to the contrary contained in Sections 72A to 72D and Sections 72F to 72M, where the right, title and interest of the landowner and the intermediary or intermediaries, if any, in respect of a holding have vested in the Government under Section 72, the cultivating tenant, the landowner, the intermediary, or intermediaries. if any, the holders of encumbrances, if any, charged on such light, title and interest and the persons entitled to maintenance or alimony, if any, charged on such right, title and interest, may jointly apply to the Land Tribunal for an order assigning the right, title and interest of the landowner and the intermediary or intermediaries, if any, to the cultivating tenant:Provided that nothing in this Sub-section shall apply in respect of a holding, if the landowner or any intermediary of that holding is a religious, charitable or educational institution of a public nature which has opted for annuity.
(2)An application under Sub-section (1) shall he in such form and shall contain such particulars as may be prescribed.
(3)On receipt of an application under Sub-section (1), the Land Tribunal may, after such inquiry as may be prescribed, pass an order assigning the right, title and interest of the landowner and the intermediary or intermediaries, if any, to the cultivating tenant.
(4)Before passing an order under Sub-section (3), the Land Tribunal shall, so far as may be, follow the procedure laid down in Sub-sections (1), (2), (3A), (4) and (5) of Section 72F.
(5)An order of the Land Tribunal under Sub-section (3) shall be in such form and shall contain such particulars as may be prescribed.
(6)Where an order has been passed by the Land Tribunal under Sub-section (3), the Government shall have no right to receive any purchase price from the cultivating tenant or liability for the payment of compensation or any other amount in respect of the holding to which the order relates.
(7)Any person affected by the order of a Land Tribunal under Sub-section (3) may, within ninety days from the date of the order, apply to that Land Tribunal to set aside the order on the ground that he had no notice of the application under Sub-section (1), and the Land Tribunal may either set aside the order and proceed under Section 72F, or reject the application:Provided that no order shall be passed under this Sub-section without giving the parties interested an opportunity of being heard.
(8)An appeal shall lie from any order passed by the Land Tribunal under Sub-section (7) as if such order were an order under Section 72F.]