Saji Koduvath.
Relevant provisions of KLR Act, in a Nutshell
KLR Act
| Section | Provisions in a Nutshell |
| Chap. II 3 | Exemptions – (i) Nothing in this Chapter shall apply to – (viii) Tenancies of plantations exceeding 30 acres. “Provided that the provisions of this chapter, other than sections 53 to 72S, shall apply to tenancies in respect of agricultural lands which are treated as plantations under sub clause (c) of clause (44) of Section 2”. |
| 7 E | Persons acquired lands (before 2005 amendment in KLR Act) for consideration below 1 Hec. 61 Are 87 Sq.m. (4 acre) will be deemed to be tenants . |
| 13 | Fixity: “Every tenant, shall have fixity of tenure in respect of his holding.” |
| 59 | Deposit of purchase price and issue of certificate – to cultivating tenant. |
| 72 | Sec. 72 provides for automatic vesting of lease-properties held by cultivating tenants in Govt. ILR 2010(2) Ker. 845. Rule 5 of the Vesting & Assignment Rules provides – LT may suomoto – notwithstanding no application – assign to cultivating tenant. (See S.72C also). |
| 72B | Provides for ‘cultivating tenants’ rights to get assignment – purchase certificate (through LT) within ceiling area (2 years from 1-1-1970). Effect of non-filing (See Balanur Plantations case. 2018(3) KLT 283.) |
| 72C | Provides for suo moto action by LT. (No time limit,) |
| 72K | LT shall issue purchase certificate. It shall be conclusive proof of assignment. |
| 74 | Prohibition of future tenancies. |
| Chp. III 81 | Exemption from ceiling and excess for Govt. lands, private forests, plantations, industrial or commercial undertaking etc. |
| 82 | Ceiling area – 5/10 standard acres. |
| 83 | No person can hold or possess excess of ceiling area. (Holding is by tenant.) It is a total bar. Apply to tenant also. 1980 KLT 259 (Gopalan Nair Vs. State), 1976 KLT 306 (Thomas Mariamma Vs. TLB), RaghunathLaxmanWani v. The State of Maharashtra (AIR 1971 SC 2137) – The policy of the Act – no person –“be permitted to hold any land in excess of the ceiling area.” q. in 2008(1) KLJ 571 (State Vs. Puliyangattu) fold. in State vs Civil Judge, Nainital , AIR 1987 SC 16;Bhikoba S. Vs. ML PunchandTathed, AIR1982 (SC) 865 |
| 84 | Certain transfers – void. |
| 85(1) | Surrender excess. |
| 85(2) | Owners and Tenants of plantation (who owns and hold properties) should furnish ceiling return to Land Board before March31, 1971, before the Land Board (including lands exempted under S. 81). |
| 85(3) | Excess shall be surrendered. |
| 85(5) | Land Board shall determine – extend to be surrendered |
| 85(7) | Whereon a person fails to file statement under 85(2), LB shall intimate TLB – TLB shall determine land to be surrendered. Effect of non-filing: See – Balanur Plantations case – 2018(3) KLT 283.State of Kerala Vs. Varkey Mathew, AIR 1996 SC 1009. [TLB not to do, suomotu, without direction from LB. 1980 KLT 120, referred to in 2019(1) KLT 985.] |
| 85A | File ceiling return within March 2, 1973 before Land Board.. |
| 86(1) | On determination of the extent to be surrendered under S. 85- Excess vests in Govt. andTaluk Land Board shall issue an order accordingly. |
| 86(3) | Where any person fails to surrender as demanded, the TLB may order an officer to take possession |
| 86(4) | Where any land, vests in the Govt, under s. 86(1) (including that of cultivating tenant) the ownership of such land shall vest in the Govt. |
| 86(6) | Nothing appliesto property of Govt. under KLC Act. |
| 87 Exp. II | If a person converts any portion of his exempted land to any other class, that converted extent will be added to his account in determining his ceiling limit. That is, the exemption will be lost for that portion. (Mathew K Jacob v. District Environmental Impact Assessment Authority, 2018-4 KLT 913) |
READ BLOG (CLICK): Relevant provisions of Kerala Land Reforms Act in a Nutshell
Read in this cluster (Click on the topic):
Civil Suits: Procedure & Principles
- Relevant provisions of Kerala Land Reforms Act (on Purchase Certificate, Plantation-Exemption & Ceiling Area) in a Nutshell
- Kerala Land Reforms Act – Provisions on Plantation-Tenancy and Land-Tenancy
- Civil Rights and Jurisdiction of Civil Courts
- Production of Documents in Court: Order 11, Rule 14 CPC is not independent from Rule 12
- Best Evidence Rule in Indian Law
- Pleadings Should be Specific; Why?
- Order II, Rule 2 CPC – Not to Vex Defendants Twice for the Same Cause of Action
- Modes of Proof of Documents
- EFFECT OF MARKING DOCUMENTS WITHOUT OBJECTION
- PRODUCTION, ADMISSIBILITY & PROOF OF DOCUMENTS
- Does Alternate Remedy Bar Civil Suits and Writ Petitions?
- Void, Voidable, Ab Initio Void, Order Without Jurisdiction and Sham Transactions
- Res Judicata and Constructive Res Judicata
- When ‘Possession Follows Title’; When ‘Title Follows Possession’?
- Adverse Possession: Burden to Plead Sabotaged in Nazir Mohamed v. J. Kamala
- Can Courts Award Interest on Equitable Grounds?
- Notary Attested Power-of-Attorney is Sufficient for Registration of a Deed
- Sec. 91 CPC and Suits Against Wrongful Acts
- The Law and Principles of Mandatory Injunction
- Declaration and Injunction
- Natural Justice – Not an Unruly Horse, Cannot be Placed in a Straight-Jacket & Not a Judicial Cure-all.
- Unstamped & Unregistered Documents and Collateral Purpose
- Interrogatories: When Court Allows, When Rejects?
- Can a Party to Suit Examine Opposite Party, as of Right?
- Is Permission of Court Mandatory when a Power of Attorney Holder Files Suit
- Adverse Possession: An Evolving Concept
Evidence Act
- EFFECT OF MARKING DOCUMENTS WITHOUT OBJECTION
- Sec. 65B Evidence Act Simplified
- Oral Evidence on Contents of Document, Irrelevant
- ‘STATEMENTS’ alone can be proved by ‘CERTIFICATE’ under Sec. 65B Evidence Act.
- OBJECTIONS TO ADMISSIBILITY & PROOF OF DOCUMENTS
- Sections 65A & 65B, Evidence Act and Arjun Panditrao: in Nutshell
- Sec. 65B, Evidence Act: Arjun Paditrao Criticised.
- Expert Evidence and Appreciation of Evidence
- How to Contradict a Witness under Sec. 145, Evidence Act
- Rules on Burden of proof and Adverse Inference
- Presumptions on Documents and Truth of its Contents
- Best Evidence Rule in Indian Law
- Sec. 65B, Evidence Act: Certificate for Computer Output
- Notary-Attested Documents: Presumption, Rebuttable
- Significance of Scientific Evidence in Judicial Process
- Certificate is Required Only for ‘Computer Output’; Not for ‘Electronic Records’: Arjun Panditrao Explored.
- Presumptions on Registered Documents & Collateral Purpose
- Substantive Documents, and Documents used for Refreshing Memory and Contradicting Witnesses
- Polygraphy, Narco Analysis and Brain Mapping Tests in Criminal Investigation
Constitution
- Mullaperiyar Dam: Disputes and Adjudication of Legal Issues
- Why No Reservation to Muslim and Christian SCs/STs (Dalits)? What are the Counter Arguments?
- Sabarimala Review Petitions & Reference to 9-Judge Bench
- Secularism and Art. 25 & 26 of the Indian Constitution
- Judicial & Legislative Activism in India: Principles and Instances
- Maratha Backward Community Reservation Case: Supreme Court Fixed Upper Limit at 50%.
- Separation Of Powers: Who Wins the Race – Legislature, Executive or Judiciary ?
- ‘Is Ban on Muslim Women to Enter Mosques, Unconstitutional’ Stands Tagged-on with Sabarimala Revision-Reference Matter
- Is Excommunication of Parsi Women for Marrying Outside, Unconstitutional
- Article 370: Is There Little Chance for Supreme Court Interference
- M. Siddiq Vs. Mahant Suresh Das –Pragmatic Verdict on Ayodhya Disputes
- Kesavananda Bharati Case: Effect and Outcome – Never Ending Controversy
- CAA Challenge: Divergent Views
- Secularism & Freedom of Religion in Indian Panorama
- Can Legislature Overpower Court Decisions by an Enactment?
Contract Act
- ‘Sound-mind’ and ‘Unsound-Mind’ in Indian Contract Act and other Civil Laws
- Forfeiture of Earnest Money and Reasonable Compensation
- Who has to fix Damages in Tort and Contract?
Easement
- What is Easement? Does Right of Easement Allow to ‘Enjoy’ After Making a Construction?
- What is “period ending within two years next before the institution of the suit” in Easement by Prescription?
- Is the Basis of Every Easement, Theoretically, a Grant
- Extent of Easement (Width of Way) in Easement of Necessity, Quasi Easement and Implied Grant
- Village Pathways and Right to Bury are not Easements.
- Custom & Customary Easements in Indian Law
- ‘Additional Burden Loses Lateral Support’ – Incorrect Proposition
Club/Society
- State-Interference in Affairs of Societies & Clubs
- Election & Challenge in Societies and Clubs
- Rights & Liabilities of Members of Clubs and Societies
- Suits By or Against Societies, Clubs and Companies
- How to Sue Societies, Clubs and Companies
- Court’s Jurisdiction to Interfere in the Internal Affairs of a Club or Society
- Vesting of Property in Societies and Clubs
- Legal Personality of Trustees and Office Bearers of Societies
- Incidents of Trust in Clubs and Societies.
- Management of Societies and Clubs, And Powers of General Body and Governing Body
- Court Interference in Election Process
- Clubs and Societies, Bye Laws Fundamental
- Juristic Personality of Societies and Clubs
- Societies and Branches
- Effect of Registration of Societies and Incorporation of Clubs
- Clubs and Societies: General Features
Trusts/Religion
- Philosophy of Idol Worship
- Vesting of Property in Public Trusts
- Dedication of Property in Public Trusts
- Is an Idol a Perpetual Minor?
- Legal Personality of Temples, Gurudwaras, Churches and Mosques
- Public & Private Trusts in India.
- What is Trust in Indian Law?
- Incidents of Trust in Clubs and Societies
- Vesting of Property in Trusts
- Indian Law of Trusts Does Not Accept Salmond, as to Dual Ownership
- M. Siddiq Vs. Mahant Suresh Das –Pragmatic Verdict on Ayodhya Disputes
- Sabarimala Review Petitions & Reference to 9-Judge Bench
- Secularism and Art. 25 & 26 of the Indian Constitution
- Secularism & Freedom of Religion in Indian Panorama
- ‘Is Ban on Muslim Women to Enter Mosques, Unconstitutional’ Stands Tagged-on with Sabarimala Revision-Reference Matter
- Is Excommunication of Parsi Women for Marrying Outside, Unconstitutional.
Saji Koduvath Associates 