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State of Kerala - Section

Section 16 in Kerala Land Reforms Act, 1963

16. Resumption for personal cultivation from tenant holding more than ceiling area.

- A landlord (other than a sthani or the trustee or owner of a place of public r6igious worship) who requires the holding bona fide for cultivation by himself, or any member of his family, may resume from his tenant, who is in possession of and exceeding the ceiling area, the whole or a portion of the holding, subject to the condition that, by such resumption, the total extent of land in the possession of the landlord is not raised above the ceiling area arid the total extent of land in the possession of the cultivating tenant is not reduced below the ceiling area.Explanation I. - In this Section, references to the ceiling area in relation to the landlord or the tenant shall, where such landlord or tenant is a member of a family, be construed as references to the ceiling area in relation to that family.[Explanation II. [Inserted by Act No. 35 of 1969.] - The provisions of Section 82 shall, so far as may be, apply to the calculation of the ceiling area for the purposes of this Section and Section 16A, provided that if no date has been notified under Section 83, the date of the application for resumption shah be deemed to be the date notified under Section 83.]