Kerala Stay of Eviction Proceedings Act, 1957

No: 1 Dated: Mar, 31 1957

THE KERALA STAY OF EVICTION PROCEEDINGS ACT, 1957

ACT 1 OF 1957

An Act to stay evictwn of tenant Kudlktdappukars and certam other classes of persons cultlvatmg land.

Preamble.- WHEREAS it IS necessary to take immediate action to provide for the temporary protechon of tenants, Kudilodappukars and persons cultivating land on varom, Sambalapattom or other similar arrangements pending enactment of a comprehensive legislation relatmg to tenancy ard agrarian reforms;

BE It enacted in the Eighth Year of the Repubhc of India as follows:-

1. Short tltle, extent and commencement.- ( 1) This Act may be called the Kerala State of Eviction Proceedings Act, 1957.

(2) It extends to the whole of the State of Kera]a.

(3) It shall come into force at once and shall cease to have effect on the 11th day of October 1957.

2. Defintttons.-ln this Act, unless the context otherwise requ1res,-

(1) "holdmg' means any Immovable property held under a single transactiOn by whiCh a leasehold right m the property 15 created and possession of the property IS transferred by one person in favour of another and mcludes Kanapattom :

    Provided that In relation to cases governed by the Malabar Tenancy Act, 1929 and the Madras Cultivating Tenants Protec- tion Act, 1955, "holdmg" shall have the meamng respectively assigned to 1t in those Acts ,

(2) "hut" means any building which is constructed principally of wood, mud, leaves, grass or thatch ;

(3) "Kudikidappukaran" means a Kudikidappukaran as defined m the Travancore-Cochm Prevent10n of Eviction of Kudikldappukars Act, 1955, and mcludes any person m occupa- tion of a hut (whether constructed by him or not) 1n any portion of a land belongmg to and m the possession of another and who has been permitted by the latter to occupy that hut, but otherwise has no intere&t m the land ;

(4) "Kud1yiruppu" means a Kudi:yiruppu as defined in the Travancore-Cochin Prevention of Evichon of Kudikidappu- kars Act, 1955, and includes a hut occupied by the Kudikldappu- karan;

(5) "Varomdar" means a person who under the system known as Varom, Pathivarom, Pankuvarom or Pankupattom or by any other name. has agreed, whether m writmg or not w1th the owner or other person m lawful possession of any land to cultivate the land and share w1th him the produce of the land;

(6) "Varom agreement'' means an agreement, whether m writmg or not, entered mto between the Varomdar and the owner or other person m lawful possess10n of the land for the cultivation and sharmg of the produce of the land.