Judgment Search Results Home > Cases Phrase: the kerala cultivators and tenants temporary protection act 1970 Page 1 of about 1,117 results (0.423 seconds)

K. Sankaran Vs. Seshambal and ors.

Court : Kerala

Reported in : AIR1974Ker205

..... kunhiraman, 1971 ker lt 563, which dealt with the question of construction of section 3 (1) of the kerala cultivators and tenants (temporary protection) act, 1970, applied by analogy to the construction of section 125 (3) of the kerala land reforms act, and that, therefore, a person who claimed to be a tenant or kudikidappukaran had to establish a prima facie case for invoking section 125 (3) of the act. ..... the purport and scope of section 125 of the kerala land reforms act are entirely different from that of section 3 of the kerala cultivators and tenants (temporary protection) act. ..... for this purpose we shall first quote section 3 of the kerala cultiyators and tenants (temporary) protection act. ..... to grant injunction in any suit or other proceeding referred to in sub-section (3) restraining any person from entering into or occupying or cultivating any land or kudikidappu or to appoint a receiver for any property in respect of which a question referred to in that sub-section has arisen till such question is decided 1 7 the land tribunal, and any such injunction granted or appointment made fee-fore the commencement of the kerala land reforms (amendment) act, 1969, or before such question has arisen, shall stand cancelled'. .....

Raman Ayyappan Malappurath and anr. Vs. Vadakke Madom Brahmaswam and o ...

Court : Kerala

Reported in : AIR1972Ker201

..... the only contention that was urged by counsel for the appellant was that this second appeal is liable to be stayed under section 4 of the kerala cultivators and tenants (temporary protection) act 1970 (act 20 of 1970) ..... section 3 of the said act states that from and after the commencement of the act, the jenmi shall not have any right, claim, or interest in any land in a holding except the right to receive the jenmikaram thereon and the kanam-tenant shall be deemed to be the owner of the land subject only to the payment of the jenmikaram.3. ..... turning now to the kerala land reforms act (act i of 1964) it is significant that the definition of the term 'kanam' in section 2, clause (22) of the act, expressly exempts by a proviso, kanam or any other demise governed by the kanam tenancy act, from its scope ..... 'jenmikaram' in respect of a holding or any land comprised in a holding means the amount payable in respect of that holding or land under the provisions of this act by the kanam tenant to the jenmi every year in lieu of all claims of the jenmi in respect of the holding, or land and shall be the sum total of the michavaram and the fractional fee.explanation. ..... it is so liable to be stayed, if the suit relates to recovery of arrears of rent, seems clear enough; and the contention was, that jenmikaram is 'rent' as defined by the kerala act i of 1964 as amended. ..... am of the view that jenmikaram is not rent and that this second appeal is therefore not liable to be stayed under act 20 of 1970.6. .....

Ratnamma Palat Vs. Parakkot Muhammadunni

Court : Kerala

Reported in : 1972CriLJ1652

..... the act itself is styled the kerala cultivators and tenants temporary protection act, 1970 'an act to provide for the stay of suits and other proceedings for determination of rights in respect of lands occupied by certain classes of persons for the temporary protection of tenants against proceedings for the recovery of arrears of rent and for matters incidental thereto' the preamble reads:whereas it is expedient to provide for the stay of suits and other proceedings for determination of rights in respect of lands occupied by certain classes of persons. ..... the purpose is certainly not to protect the tenancy rights of any of the parties; whereas the purpose of act 20/70 is to render temporary protection to tenants against proceedings for the recovery of arrears of rent and other incidental matters. ..... the expression 'any proceedings' appearing in section 3 of act 20/70 must be read as proceedings in respect of any land over which tenancy right is claimed and the tenant stands in need of a temporary protection against proceedings for the recovery of arrears of rent or other connected matters. ..... for the temporary protection of tenants against proceedings for the recovery of arrears of rent and for matters incidental thereto. ..... the learned magistrate has now stayed the entire proceedings thinking that act 20 of 1970 is applicable i think the view taken by the learned magistrate is wrong and unsustainable. .....

Appunni Vs. Nani

Court : Kerala

Reported in : AIR1973Ker281

..... it is pointed out that the object of enacting the kerala cultivators and tenants (temporary protection) act act 20 of 1970, was to afford temporary protection to the tenants, and was occasioned mostly by the striking down by this court of particular provisions of the act conferring fixity of tenure on certain classes of persons in occupation of land, and that it was rather in the nature of a stop-gap measure. ..... referring to the scope of section 3 of the cultivators and tenants (temporary protection) act. ..... this revision is by the defendant in the suit and it involves the interpretation of sub-section (3) of section 125 of the kerala land reforms act (act 1 of 1964) as amended by act 35 of 1969, hereinafter referred to as the act.2. ..... it is not open to a court or tribunal to stay the suit or proceedings the moment a statement is filed by a party thereto even though the suit or proceeding is in respect of any land without, any enquiry regarding the possession of the land which is the subject-matter of the suit and without satisfying about the conditions in section 3 (1) (a) or (1) (b) of act 20 of 1970. ..... there is therefore some ambiguity in the wording of section 3 (1) of act 20 of 1970 and a reference to the preamble or the statement to the objects and reasons can be resorted to for interpreting the said provision. .....

R.P. Ramakrishna Ayyar Vs. V. Sreedharanvarman Thampan

Court : Kerala

Reported in : AIR1964Ker127

..... -- during the period of operation of this act, no suit or other proceedings -- (i) for the recognition or enforcement of any right, privilege, obligation, or liability acquired, accrued, or incurred under the kerala agrarian relations act, 1960 (act iv of 1961), or the kerala ryotwari tenants and kudikidappukars protection act, 1962 (act xviii of 1962), or the madras cultivating tenants (payment of fair rent) act, 1955 (act xxiv of 1956); or (ii) for the fixation of fair rent under the malabar tenancy act, 1929 (act xiv of 1930), shall be instituted in or before any court, tribunal or other authority at the commencement of this act shall be stayed.' 9. ..... originally the kerala tenants and kudikidappukars protection oridance, 1962, ordinance viii of 1962, was promulgated by the state government and published in the state gazette on 10th december, 1962. ..... but the ordinance has been replaced by the kerala tenant and kudikidappukars act, vii of 1903, which has been published in the state gazette on 13-2-1963. ..... venkiteswara iyer, learned counsel for the respondent, the landlord, has raiseda preliminary objection that the hearing of thiswrit petition will have to be stayed in view of theprovisions contained in section 2 of the keralatenants and kudikidappukars protection act,1963, act vii of 1963. ..... temporary stay of enforcement of rights privileges, etc. .....

Asgar Vs. Mohan Varma .

Court : Supreme Court of India

..... work or product of a work which adds to the value of the holding, is suitable to it and consistent with the purpose for which the holding is let, mortgaged or occupied, but does not include such clearances, embankments, leveling, enclosures, temporary wells and water-channels as are made by the tenant in the ordinary course of cultivation and without any special expenditure or any other benefit accruing to land from the ordinary operations of husbandry: section 2(d) defines the expression tenant as follows: (d) "tenant" with its grammatical variations and cognate expressions includes- (i) a person who, as lessee ..... which compensation had not already been paid, and every tenant to whom compensation is so due shall, notwithstanding the determination of the tenancy of the payment or tender of the mortgage money or premium, if any, be entitled to remain in possession until eviction in execution of a decree or order of court: provided that nothing herein contained shall be construed as affecting the provisions of the kerala land conservancy act, 1957: provided further that this section shall not apply to tenants holding lands under the government, (2) a tenant so continuing in possession shall, during such continuance .....

Chettian Veetil Ammad and anr. Vs. Taluk Land Board and ors.

Court : Supreme Court of India

Reported in : AIR1979SC1573; (1980)1SCC499; [1979]3SCR839

..... the kerala ryotwari tenants and kudikidappukars protection act, 1962, was then passed for the temporary protection of tenants in those taluks. ..... that the taluk land board shall-(a) cause the particulars mentioned in the statement to be verified,(b) ascertain whether the person to whom the statement relates owns or holds any other lands, and(c) by order determine the extent and identity of the land to be surrendered.a reading of sub-section (1) of section 85 shows that the question for examination is not that relating to the existence of the tenancy rights of the person who files the statement, but that relating to the bona fides of his belief that the land sought to be excluded by him is liable to be purchased by a cultivating tenant. ..... it will be remembered that section 66 of the amending act of 1969 which amended section 82 came into force on january 1, 1970, and as the legislature decided to amend it once again by section 12 of the act of 1971, with retrospective effect from the same date (january 1, 1970), it made a specific provision to that effect in section 1 of the amending act of 1971 and left the date of commencement of the act for purposes of sub-section (4) of section 82 to be determined according to the proviso to sub-section (3) of section 1 of the act which, as has been stated, was a subsisting provision. .....

Mewa Devi and ors. Vs. Sri Kishan Das and ors.

Court : Delhi

Reported in : AIR1983Delhi176; 23(1983)DLT148; 1983(4)DRJ161; 1983RLR73

..... to similar tenants of such buildings in other towns in the state and such a classification had absolutely no relevance to the object sought to be achieved by the act ; and (ii) the 1960 act made a distinction between non-residential buildings in madras, salem, maduri, coimbatore and tiruchirappali on the one hand and those in other towns, including tanjore, on the other and gave protection to the tenants of such buildings in the former group and denied the same to tenants of similar buildings in the latter group, though the alleged differences between the two sets of localities had no reasonable relation to the object sought to be achieved, namely, the protection of tenants who ..... the rajasthan colonisation (allotment of government land to post 1955 temporary cultivation lease holders and other landless persons in the rajasthan land project area) rules, 1971 applied to post 16-10-1955 temporary lease holder. ..... kunhikoman (supra) arose out of the madras land reforms (fixation of ceiling on land) act, 1961 and the kerala agrarian relations act, 1961 respectively. ..... : [1970]1scr479 . (12) a.p. .....

Crompton Greaves Ltd. Vs. State of Maharashtra and ors.

Court : Mumbai

Reported in : AIR2002Bom65; 2002(2)BomCR300; 2002(2)MhLj305

..... the bombay rent act was enacted originally as a temporary measure in order to protect the tenants from eviction from their premises and also from arbitrary enhancement of rent. ..... -- for the purpose of this clause the expression 'bank' means; -- (i) the state bank of india constituted under the state bank of india act, 1955; (ii) a subsidiary bank as defined in the state bank of india (subsidiary banks) act, 1959; (iii) a corresponding new bank constituted under section 3 of the banking companies (acquisition and transfer of undertakings) act, 1970 or under section 3 of the banking companies (acquisition and transfer of undertakings) act, 1980; or (iv) any other bank, being a scheduled bank as defined in clause (e) of section 2 of the reserve bank of india act, 1934.' 3. ..... 3 of the rajasthan colonization (rajasthan canal project pre-1955 temporary tenants government land allotment) conditions, 1971 and rule 3(2) of the rajasthan colonization (allotment of government land to post, 1955 temporary cultivation lease holders and other landless persons in the rajasthan canal project area) rules, 1971 are discriminatory and void. ..... on the other hand, a classification with reference to economic realities was upheld by this court in kerala hotel & restaurant assn. v. ..... state of kerala. .....

Ashoka Marketing Ltd. and Another Vs. Punjab National Bank and Others

Court : Supreme Court of India

Reported in : AIR1991SC855; [1992]74CompCas482(SC); JT1990(3)SC417; 1990(2)SCALE200; (1990)4SCC406; [1990]3SCR649

..... section 54 saves the operation of certain enactments, namely, administration of evacuee property act, 1950, the slum areas (improvement and clearance) act, 1956 and the delhi tenants (temporary protection) act, 1956.40. ..... for expeditious adjudication of proceedings between landlords and tenants; (b) to provide for the determination of the standard rent payable by tenants of the various categories of premises which should be fair to the tenants, and at the same time, provide incentive for keeping the existing houses in good repairs, and for further investment in house construction; and(c) to give tenants a larger measure of protection against eviction.this indicates that the object underlying the rent control act is to make provision for expeditious adjudication of disputes between landlords and tenants, determination of standard rent payable by tenants and giving protection against eviction ..... as a result of the enactment of the banking companies (acquisition and transfer of undertakings) act, 1970 (hereinafter referred to as the 'banks nationalisation act'), the undertaking of the punjab national bank ltd. ..... union of india : [1970]3scr530 this court, while referring to nationalised banks constituted under the provisions of the banking companies (acquisition and transfer of undertakings) ordinance, 1969, has treated the nationalised banks as corporations.22. ..... : [1970]1scr443 ; v dhanpal chettiar's case (supra); jai singh jairam tyagi etc. v. .....