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ramamani (practice)     01 March 2015

Kerala land reform act

A client of mine wants an advice. His father had Kanom rights of agricultural land in palghat district  assigned by a deed of the year 1958.Some of the land were leased out , some were under self cultivation and some came under unauthorised occupation. His father had initiated suits before the land tribunals for recovery of rent from the tenants some of those suits were successful. Later, he died in the year 76 and the suits instituted were abandoned. In 82, there is some correspondence between the tenant and his mother as l.r. of his father. Now can the righto to recover rent would continue to the landlord? any legal via media ?



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 2 Replies

Advocate Ravinder (Advocate/Attorney)     01 March 2015

As your friend's father had died and the L.Rs has not followed up the suits before the land tribunals, the suit might have dismissed by the Tribunal.  The L.Rs. even now can file a petition to restore the suit along with condone delay petition before the land tribunal.  After the restoration of the suit, the L.Rs can demand the tenant for rent.

T. Kalaiselvan, Advocate (Advocate)     04 March 2015

The claim for arrears of rent  is barred by limitation now.  The LRs of the deceased can file an eviction suit afresh since the previous suit was abandoned without any decision hence it will not be affected by law of resjudicata.


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