Fixity of tenure
SARAVANAN.R
(Querist) 02 December 2009
This query is : Resolved
Can anybody explain to me, what is fixity of tenure. Is there any legal backing for it.
Saravanan
joyce
(Expert) 02 December 2009
tenure fixation for property concered lies with revenue departments. It is important.
niranjan
(Expert) 02 December 2009
word tenure is used in revenue.The land granted by the govt.for agriculture with a restriction not to sell,transfer is called new tenure land and the land which is owned by the owner is called old tenure land and he is entitled to sell it,but new tenure cannot be sold.
Raj Kumar Makkad
(Expert) 02 December 2009
Fixity is tenure is also used in service law. if an employee is transferred for a specific period on a particular job is also a fixity of tenure.
Mr. what do you mean of fixity of tenure????
WHATSAPP 91-8075113965
(Expert) 16 September 2011
dear mr. saravanan,
here is the correct answer.
PLS go through sec. 13 of KERALA LAND REFORMS ACT, 1963.
Fixity of Tenure
13. Rights of tenants to fixity of tenure.--(1) Notwithstanding anything to the contrary contained in any law, custom, usage or contract, or in any decree or order of court, every tenant shall have fixity of tenure in respect of his holding and no land from the holding shall be resumed except as provided in sections 14 to 22.
* Substituted by Ibid.
(2) Nothing in sub-section (1) shall confer fixity of tenure on a tenant holding under a landlord--
(i)who is a member of the Armed Forces or is seaman, if the tenancy was created by such landlord within a period of three months before he became a member of the Armed Forces or a seaman, or while he was serving as such member or seaman ; or
(ii) who is the legal representative of the landlord referred to in clause (i)
Provided that no such landlord shall resume any land from his tenant, if he is already in possession of an extent of land not less than the ceiling area; and, where he is in possession of an extent of land les than the ceiling area, the extent of land that may be resumed shall not, together with the land in his possession, exceed the ceiling area :
*[Provided further that a tenant holding under any such landlord shall have fixity of tenure in respect of his holding if the landlord does not claim resumption of the land comprised in the holding within six months from the commencement of the Kerala Land Reforms (Amendment) Act, 1969:
Provided also that where any such landlord is prevented by sufficient cause from not claiming resumption at any time before the date notified under section 72, the right of such tenant to fixity of tenure in respect of the holding or part thereof to which the claim for resumption relates shall cease from the date of the application claiming resumption :
Provided also that such tenant shall have fixity of tenure in respect of his holding or part thereof from the date of the final rejection of such application in full or in part, as the case may be]:
Provided also that the provisions of this sub-section shall not apply to tenants who were entitled to fixity of tenure immediately before the 21st January, 1961, under any law then in force.
*[(3) Notwithstanding anything to the contrary contained in any law, or in any contract, but subject to the provisions of sub-section (2), the landlord referred to in clause (I) or clause (ii) of sub-section (2) shall be entitled to apply for the resumption from his tenant of the whole of part of his holding within six months from the commencement of the Kerala Land Reforms (Amendment) Act, 1969 or if such landlord is prevented by sufficient cause from supplying for resumption within such period, at any time before the date notified under section 72.]
