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State of Kerala - Section

Section 55 in Kerala Land Reforms (Tenancy) Rules, 1970

55. Preparation of preliminary findings and notice of such findings to landowner, intermediaries and holders of encumbrances, etc.

(1)Where the Land Tribunal is of opinion that an application for purchase has to be allowed, it shall, before it passes an order under Section 57, prepare preliminary findings on-
(a)the fair rent in respect of the holding or part thereof to which the purchase relates;
(b)the value of sixteen times the fair rent in respect of the holding or part thereof to which the purchase relates;
(c)the value of structures, wells and embankments of a permanent nature, if any, belonging to the landowner;
(d)the value of structures, wells and embankments of a permanent nature, if any, belonging to the intermediary or intermediaries;
(e)one-half of the value of timber trees, if any, belonging to the landowner;
(f)one-half of the value of timber trees, if any, belonging to the intermediaries;
(g)the purchase price payable by the cultivating tenant;
(h)the amount due to the landowner from out of the purchase price (with name and address of the landowner);
(i)amount due to the intermediary or each of the intermediaries. if any, on apportionment of the purchase price (with name and address of the intermediary or intermediaries);
(j)the amount payable to the holder of encumbrance, if any, with name and address of such holder and whether such amount is charged on the right, title and interest of the landowner or intermediary;
(k)the amount payable to the person entitled to maintenance, if any, with the name and address of such person and whether such amount is charged on the right, title and interest of the landowner or intermediary;
(l)the amount payable to the person entitled to alimony, if any, with the name and address of such person: and whether such amount is charged on the right, title and interest of the landowner or intermediary;
(m)the amount payable to the landowner and to the intermediary or each of the Intermediaries, if any, after deducting the value of encumbrances or the claims for maintenance or alimony, if any.
(2)The Land Tribunal shall issue a notice of its findings referred to in sub-rule (1) in Form Mo. 25 to the landowner, every intermediary, every holder of encumbrance and every person entitled to maintenance or alimony, calling upon them to prefer in writing claims for the purchase price or part thereof within a specified date.
(3)Copy of the notice under sub-rule (2) shall also be published on the notice board of the office of the Land Tribunal on the notice board of the village office of the village in which the land is situate and on the land by affixing the same on a prominent part of it, staling, inter alia, that any objections or claims that may be preferred in the matter by any interested person will be duly considered by the Land Tribunal,
(4)The land Tribunal shall on receipt of the objections or claims if any, consider the same and decide the claims after giving a reasonable opportunity to the parties to produce such evidence as may be necessary and then proceed to pass the order under Section 57.