*THE KERALA LAND REFORMS ACT, 1963 (Act 1 of 1964) “Amended by Acts 12 of 1966, Act 9 of 1967, 26 of 1969, 25 of 1971, 17 of 1872, 11 of 1973, 12 of 1973, 27 of 1974, 15 of 1976, 16 of 1976, 13 of 1978, 27 of 1979, 19 of 1981, 16 of 1989, 2 of 1990, 21 of 1999, 1 of 2006 and 21 of 2006. ‘An Act to enact a comprehensive legislation relating to land reforms in the State of Kerala. Preamble.— WHERcis it is expedient to enact a comprehensive legislation relating to land reforms in the Stata of Kerala; Be it enactad in the Fourteenth Year of the Republic of India es folows:— Chapter | PRELIMINARY 4. Short title, extent and commencement.— (1) This Act may be called the Kerala Land Reforms Act, 1963 (2) Itextends to the whole of the State of Kersla. (8) The provisions of this Act, except this section which shall come into force at ‘once, shall came into force on such cate as the Govemment may, by notification in the Gazotta, appoint Provided that different dates may be appointed for different provisions of this Act, and any reference in any such provision to the commencement of this Act, shall be construed as a reference to the coming into force of that provision. 2. Definitions, — In this Act, uniess the context otherwise requires, — {(1) “adult unmarried person” means an unmarried person who has attained eighteen years of age;] 4{1A)] “agricultural labourer’ means a person whose principal means of livelihood is the income he gets as wages, in connection with the agricultural operations he performs; (2) ‘agricultural year" means the year commencing with the tst April in any year and ending with the 31st March of the yearnext succeeding, except in the case of Kole nilams in which case it shall be the year commencing withthe 15th June in any year and ending with the 14th June of the year next succeeding Provided that the Distriet Collector may, with respect to any crop, area or category of land within hie district, by notification in the Gazette, specify the year between such other dates as he may doom fit as an agricultural year: (2A) “appellate authority” means an appellate authority constituted under Section 9A}, (3) “ceiling area” means the extent of land specified in Section 82 as the ceiling area: (4) *Cochin’ means the area comprising— (1) the porton of the State of Kerala which before the first day of July, 1949, formed the State of Cochin, excluding the enclaves absorbed in the Malabar cistiict under the Provinces and States (Absorption of Enclaves) Order, 1950; and (li) the enclaves which formed part of the Malaber district absorbed in the Stato of Travancore-Cochin under the said Order, (6) ‘commercial site” means any land “(not being a kusiyiruppu or a kucikidappu or karaima)] which is used principally for the purposes of any trade, commerce, industry manufacture or business; (6) *Court” means, where a particular Court is not specificaly mentioned, the Courthaving jurisdiction under the Code of Civil Procedure, 1908, to entertain {a Suit for the possession of the holding of part thersof to which any legal proceeding under this Act relates; (7) “cutivate” with its grammatical variations means cultivate either solely by one’s own labour or with the help of the members o! his family or hired labourers or both, or personally direct or supervise cultivation by such members or hired labourers or both. provided that such members or hired labourers have not agreed to pay ot to take any fixed proportion of the produce o} the land they cultivate as compansation for being allowed to ‘cultivate it or as romuneration for cultivating it [and in the case ofa member ‘of the Armed Forces or a seaman, “cultivation” includes cultivation on his behallt by any other person.] Explanation.— For the purposes of this clause, “members of family” shall mean — (i). in the case of lands held by a joint family, members of such famiy: and (ii) in eny other case, wife or husband, es the case may be, and the lineal descendants, (8) “cultivating tenant’ means a tenant who is in actual possession of, and is enttled to cuitivate, the land comprised in his holding;(9) “customary dues” means anything, other than rent, michavaram or renewal fees— (i) landlord; or (ii) allowed to be taken by the landlord ‘rom the holding, periodically or on the happening of any event or onthe occasion of any festival, and includes onakazhcha, u'savekoppu, perunnalkazcha and aradiantnaram; (10) “double-crop nilam” means nilam on which more than one erop of paddy Is ordinatily raised in an agricultural year; (11) “dry land” means land which is not nilam. garden. palliyal !and or plantation: (12) “eviction” means the recovery of possession of land from a tenant or the recovery of a Kudikidappu from the occupation of the kucikidappukaran; (13) “fair rent’ means the rent payable by a cultivating tenant under Section 27 or Section 33; (14) “family” means husband, wife and their unmarried minor children or euch of them as exist; (15) "garden" means land used principally for growing coconut trees, arecanut trees or pepper vines, or any two or more of the same; (15) “gross produce” in the case of a nilam, means the normal produce of that nila less the cost of harvesting and, in the case of a garden or cry land, means the normal procuce of that garden or dry lands; *Ex x x x] 7{(17) *holding’ means a parcel or parcals of land held under a single transacton by a tenant from a landlord and shall include any portion of a hoiding as above defined which the landlord and the tenant have agreed or are bound to treat as a separate ho'ding Explanation |.— Whore by act of parties or by operation of law, the interest of the tenant in his holding has been severed before the commencement of the Kerala Land Reforms (Amendment) Act, 1969, spliting up the holding inio two or more parts, or where 2 portion of the holding has been sub-leased, before the commencement of this Act, each such part or, as the case may be, each of the portons retained by the tenant and sub- leased, shall be deemed to be a separate holding.Explanation Il.— Any land in respect of which @ person Is deemed to be a tenent under Saction 4, Section 44, Section 5, Section 6, Section 6A, Section 8B, Section 7, Section 7A, Section 7B, Section 7C, Section 7D. Section &, Section 9 or Section 10 or, presumed to be a tenant under Section 11 shal be 2 holding for the purposes of this Act: (18). the term “improvement” means any work or product of a work which adds to the value of the holding, and includes— (a) the erection of dwelling houses, buildings apourtenent thereto and farm buildings: (©) tho construction of tanks, wells. channels, dams and other works for the ‘storage or cupply of water for agricultural or domestic purposes; (©) the preparation of land for irrigation; (a) the conversion of single-crop into double-crop land {e) the drainage, reclamation from rivers or other waters or protection from floods or from erosion or other damage by water, of land used for agrculturai purposes, or of wasteland which is culturable; (f) the reclamation, clearance, enclosure, or permanentimprovement of land for agricultural purposes; (@) the renewal or reconstruction of any of the foregoing works or alterations therein or additions thereto; and {h) the planting or protection and maintenance of frult trees, timber trees and other useful trees and plants; (19) ‘intermediary? means any person who, not being a landowner, has an interest in the land and is ontited, by reason of such interest. to possession thereof, but has tansferred such possession to any other person. Explanatlon.— Where such a person has transferred possession only of a portion ofthe land which he is So entitled to possess, hie shall be daemed to be an intermeciary In respact of that portion:] (20) ‘joint family” moans a Hindu undivided family, a Marumakkathayam tarwad or tayazhi, an Aliasanthana Kudumba or Kavaru or a NambuciriIllam; 4{(21) *kaipad system oF cultivation” means the system of cutivation, by whatevername called, under which paddy is cutivated on land which is saline elther throughout the year or during any part of the yeer, by raising small mounds of earth and sowing seeds or planting seedlings thereon, whether the mounds are demolished after such sowing or planting or not, (22) “kanam” means — {a)_ the transier for consideration, in money or in kind or in both, by a person of an interest in speciic immovable property to another person, and described in the document evidencing the transaction as kanam or kanapattam, the Incidents of which transfer include— (i) a right in the transferee to hold the said property liable for the consideration paid by him or due to him: {ii) the liability of the transferor to pay to the transferee interest on such consideration unless otherwise agreed to by the parties; and payment of michavaram or customary dues, or renewal on the expiry of any specified period; or {b) the transfer for consideration in money or in kind or in both by a person of an interest in specific immovable property to another person for the latter's enjoyment, whether described in the document evidencing tne transaction as ctti, Karipanayam, panayam, pattapanayam, nerpanayam or by any other name and which has the incidents specified in sub-clauses {a)() and (a){i) and also one or mare of the following incidents:— (A) renewal on the expiry of any spectied period; (8) payment of michavaram; (C) payment of customary dues; PK) Explanation.— For the purposes of this clause, whare there has been no stipulation in the document evidencing the transaction for renewal cn the expiry of any snecifed period, but there has keen a renewal or payment of renewal fees, it shall be deemed that there has been a provision for such renewal in the document] (23) ‘¢{’Kanam-Kuzhikanam" means a transfer by a l landlord to anathi of garden lands or of other lands or of both— ir gual() with all or any of the tees, if any, standing thereon at the time of the transfer; oF (ii) without such trees, : for tho purpose of planting trees or pepper vines or both thereon and for the enjoyment of the trees transferred, if any. the incidents of which transter includo—] (a) a tight in the transferee to hold the said lands liable for the consideration pald by him or cue to him, which consideration is called "Kanartnam’, and (b}_ the liability of the transferor to pay to the transferee interest on the kanartham unless otherwise agreed to by the parties; *[Kxxx] "[(@8A) "Karaima” means a transter of lands situate in the Kazhikode district or in the Malappuram district. in consideration of ground rent, principally for the purpose of erecting a homestead, and described in the document, if any, evidencing the transfer, as Karaima or Panayapattom, Panayachit, or by whatever name called which possesses the characteristics of Karaima: some tRlanation For the purposes of this clause, so uch of the fad appurtenant @ land under the Karaima belonging to the landiord or any person claiming through him and in the possession and bonofcial enjoyment of the Kareima halder or his Tecal repreceniave o anyother person claiming though him ae onthe tet dey of dene 1270 shall subject toa maximum ol tivoe certain Municipal Gomeaon aoa fre eane in Municipal Council area, and ten cents in Panchayat area, inclusive of the k ; Karaima, be deemed to be Karaima: , la Provided thet where the extent of the land ' appurtenant in the possession and Beneficial enjoyment isin excess ofthe extent speciied above as onthe 1st day of Janus 1970, such land shall also be deemed to be Karaimat] ""(@3B) "Karinilam’ means— (a) lands generally known as karinilem and situate i ituate in the district Alleppey or Ernakulam; and ayaa (b) lands, by whatever name known — ())_ feclaimed from swampy areas called *kari' with black and loose peaty Soil, the sub-soil of which consists of partiall sol, inns Partially decomposed organic (1). Inwhich paddy is cultivated, and situate in any pact of the Siate;] (24) “kole nilam” means land in the bed of any kayal, or lake, or any water- logged land in areas adjoring or lying within the vicinity of any kayal, take or iro ih pay ecules ty mtn nee nee ee and draining the water away by mechanical of other means, and inctudes— {i)_kole or purjakole nilam in the districts of Palghat and Trichur; and (1) water-ogged land in the talus of Hosdiug and Kasargod commonly known as “Avi” land, on which paddy is cultivated by raising bunds on one or more sides and draining the water away by baling; ¥{(@5) “kudikidappukaran” means a person who has neither a homestead nor any land exceeding in extent three cents in any city or major municipality or five cents in anyother municipaity orten cents in any panchayat area or township, in possession either as owner or as tenant, on which he could erect a homestead and— (a) who has been permitted with or witiout an obligation to pay rent by a person in lawful possassion of any land to have the use and occupation of a portion of such land for the purpose of erecting a homestead; or (b) who has been permitied by @ parson in lawlul possession of any land to ‘occupy, with of without an obligation to pay rent, a hut belonging to such person and situate in the seid land; and “kucikidappu" means the land and the homestead or the hut 80 permitted to be erected or occupied together with the easements attached thereto: fexxx] Explanation |.— In caleulating the total oxtont of the land of a kudikidappukaran forthe purposes of this clause, three cents in a city or major municipaliy, shallbe deemed to be eduivalent to five cenis in any other municipality, and three cenis in a city or major ‘municipality or ve cents in any other municipality shall be deemed to be equivalent to ten cents in a panchayat area or tovinship.Explanation IlL— For the purposes of this clause,— (2) “hut means any dwelling house constructed by @ person othar than the Person permitted te occupy it (). ata cost, at the time of construction, not exceeding seven hundred and fifty rupees; or (i) which could have at the time of construction, yielded a monthly rent not ‘exceating five rupees, and includes any such dwelling house reconstructed by the kudiki¢appukaran in accordance wih the provisions of Section 73; and (b) “homestead” means, uness the context otherwise requires, any dwelling house erected by the person permitiad to have the use and occupation of any land for the purpose of such erection, and includes any such dwelling house reconstructed by the kudikidappukaran in accordance with tho Provisions of Section 79. [Explanation I1A.— Notwithstanding any judgement, decree or orcer of any Cour, @ person, who, on the 16th day of August, 1988, was in occupation of any land and the Gwelling house thereon (whether constructed by him or by any of his predecessors-in- interes or belonging to any other person} and continued to be in such oocupation til the 1st day of January, 1970, shall be deemed to be a kudikicappukaran: Provided that no such person shall be deemed to be a kudikidappukaran— (a) In cases where the dwelling house has not been constructed by such person or by any of his prodocessors-in-interest, if— ()) such dwelling house was constructed at a cost. at the time of construction, exceeding seven hundred and fity rupees: or {il) such dwelling house could have, at the time ot construction, yielded a ‘monthly rent exceeding five rupees; cr (b) the has a building ors in possession of ary land oxcooding in extent three Cents in any city or major municipalty or five cents in any other muricipallty or ten cents in any panchayat area or township, either as owner oras tenant, fon which he could erect a building.) Explanation Ill Where any kudikidappukaran secures any mortgage with Possession of the land in which the kudikidappu is cituato, hie kudikideppu right shall Tevive on the redemption of the mortgage, provided that he has et the time of redemption no other homestead or any land exceeding three cents in any clly or major municipaltty or five cents in any other municipality or ten cents in any panchayat atea or township, in possession either as owner or as tenant, on which he could erect a homestead. Explanation IV.— Where a mortgagee with possession erects for his residence a homestead, or resides in a hut already in existence, cn the land to which the mortgage relates, he shall, notwithstanding the redemption of the mortgage, be deemed to be a kucikicdaopukaran in reopect of such homestead or hut, provided that at the time of the rodemption—(a) he has no other Kudlikidappu or residential building belonging to him, or any land exceeding three cents in any city or major muricipality or five cents in any cther municipality or ten cents in any panchayat area or township. in possession either as owner or as tenant, on which he could erect a homestead: and {b) his annual income does not exceed two thousand rupees. Explanation V.— Wnere a kudikidappukaran transfers his right in the kudikidappu to another person, such person shal be deamed to be a kudikideppukaran, it— (a) he has no other homestead or any land in possession, either as owner or as tenant, on which he could erect a homestead; and (b) hie annual income does not exceed two thousand rupees. Explanation Vi— For the purposes of this clause, a person occupying any hut belonging to the owner of a plantation and situate in the plantation shall not be deemed to be a kudixicappukaran if such person wes permitted to occupy that hut in connection with his employment in the plantation, unless— (a) he was, immediately before the commencement of this Act, entitled to the rights of a kudikidappukaran or the holder of a protected ulkudi or kucikidappu under eny law then in force; or (b) he would have been entitled to the rights of a kucikidappukaran if the area in which thet hut is situate had not been converted Inio a plantation subsequent to his occupation of that hut;] [Explanation VIl.— For the removal of doubts it is hereby doslarod that a person occupying a homastead or hut situate on a land held or owned by the Government of Kerala or the Government of any other State in India or the Govemment of india shall not be deemed to be a kudikideppukaran) (26) “kudiyiruppu” means e holding or part of a holding consisting of the site of any residential building, the site or sites of other buildings appurtenant thereto, such other lands as are necessary for the convenient enjoyment of such residential building and easements attached thereto, but does not include @ kuikidappu: (27) “Kuttanad area” means tho ara covered by the villages specified in Schedule |; ‘*(@7A) “Kuzhichuvaipum kudlyituppum” means a transfer by a landlord to another Person of garden lands or of other lands or of both situate in Malatar, resarving the right to enjoy the truit-bearing trees standing thereon at the time of the transter, for the purpose of making Improvements thereon, and Cescrbed as such in the contract of tenancy'] (28) *Kuzhikanam’ means a transfer by a landlord to encther person of garcen lands or of other lands or of both with all or any of the trees, i any, standing thatecn at the time of the transfer or without such trees, for the purpose of Planting trees or popper vines or both thereon, and for the enjoyment of the trees transforrod, if any;](29) “landlord” means a person under whom a tenant holds ®[x xx x] and includes a landowner; (90) “landowner” means the owner of the land comprised in a holding and Includes— ()) a landholder holding Sree Pandaravaka lands on pattam, ott, jenmam, kudijenmam, danam or any other tenure; and (ii) @ landholder holding Sreepadam lands on Sreepadam-pattam or other favourable tenure; (31) ‘Land Board” means the Land Board constituted under Section 100; (92) ‘Land Tribunal" means a Land Tribunal constituted under Section 99; (33) “icensee” means any person who is in occupation of any nilam belonging to another and who, under any local custom or usage or under an agreomant, cultivates that nilam with paddy for @ remuneration and with the risk of cultivation, but does notinelude a person who cultivates the nilam of another merely 25 an agent or servant (9A) “local authority" means a municipal corporation or a municipal council or a township committee or a panchayat or a cantonment board; (838). ‘major municipality’ means any of the muricipaities of Cannanore, Tellichory, Trichur, Palghat, Alleppey, Quilon and Ketlayam and includes— {@) any of tha municipalities of Emakulam, Fort Cochin and Mattancherry as they existed immediately before the constitution of the Corporation of Gochin; (©). tho municipality of Calicut asit existed immediately before the consti of the Corporation of Calicut; (c)_ the Cannanore cantonment, Explanation.— Where any area has been included in a city or a municipality after the ist day of April, 1960, such area shal not be deemed, except for the purposes of Section 76, 10 be an area within the limits of a city or municipality, as the case may be, "put shall be deemed — () where such area was within the limits of @ local authority immediately before such inclusion, to continue within the limits of that local authority; and Gi) where such aree was not within the limits of a local authority immediately before such inclusion, to be within the limits of a panchayat;]}(94) "Malabar” means the Malabar district referred to in sub-section (2) of Section 5 of the States Reorganisation Act, 1956; (35) ‘momber of the Atmed Forces” means a person in the service of the Air Force, Army or Navy of the Union of India; 71(26)_‘michavaram" means the monay or produce or both specified as michavaram in the document evidencing the transfor by a porson of an interest in specific immovable property to another person, and includes the balance of money oF produce o- both payable periodically under the document evidencing such transfer afier deducting from the money ot produce or both due to the transferor, tne interest due on the amount advanced to the transferor, but does not inolude customary dues; (368) ‘minor’ means a person who has not attained the age of eighteen years;] (87) “net income" means income derived from any property after deducting therefrom the cultivation expanses or charges for maintaining fruit trees, timber trees or other useful trees and plants, and taxea and cesses due to the Government or any local authority: (88) “nitamn’ means land adapted for the cultivation of paddy; [(88A) “normal produce” in respect of any land means the produce which would be ‘aisedon thal land i the rainfall and the seasons were of a normal character: Provided that the normal produce in respect of any rilam irrigated with water for the first time after the commencement of the tenancy in respect of that nilam from an irtigation work consiructed, repaired or maintained wholly at the cost of the Govemmment of a local authority or a.¢0-operative society or by the tenant shall be determined as ifthe nilam had not been so irrigated: Provided further that in determining the normal procuce in the case of any doublo- crop nilarn, account shall be taken as though oniy a single paddy crop which shall be the principal crop has beon raioed on the land if it had been converted from single-crop into double-croo nilam ai the tenant's expense and as though two paddy ciops nave been raised on the land in other cases, Explanation — In ascertaining the normal produce in areas where the Malabar ‘Tenancy Act, 1929, or the Macras Cuttvating Tenants (Payment of Fair Rent) Act, 1956, was applicable, the yield of the second crop shall be deemed to be half of that of the Principal crop which shall be deemed io be the tirst crop) (89) “odacharthu’ means an agreement for cutting bamboos in Malabar, *{(894) ‘oltikuzhikanam” means a transfer tor consideration by a person to another of any land other than nilam for the enjoyment of that land and for the Purpose of making improvements thereon, but shall not include a morigage within the meaning of the Transfer of Property Act, 1882)(40) ‘owner" means a person entitled to the absolute proprietorship of land and includes— {a) a trustee in respect thereof; (b) a pattadar of ryotwari land: (c) “pox (41) “palliyal land” means land which is used ordinarily for raising seedlings of paddy and includes land so used and known as pallimanayal, myal, potta, nial, njattadi or banabetts; (42) “pay’ with its grammatical variations incudes deliver, (43). “person” shall include a company. family. joint family, association or other body of individuals, whether incorporated or not, and any institution capable of holding property; (44) plantation’ means any land used by a person principally for the cultivation of tea, coffee, cocoa, rubber, cardamom or cinnamon (hereinafter in this lause referred to as ‘plantation crops’) and inclides— (a) land Used by the said person for any purpose ancillary to the cultivation ‘of plantation crops or for the preparation of the same for the market; (©) "xxx (©) agrecultural lands interspersed within the boundaries o! the area cultivated by the said person with plantation crops, not exceeding such extent es may be determined by the Land Board *[or the Taluk Land Board, as the case may be] as necessary for the protection and efficient management of such cuttvation, Explanation. Lands used for the consiruction of office buildings, godowns, factories, quarters for workmen, hospitals, schools and play grounds shall be deemed to be lands used for the purposes of sub-clause (a);21(48)_ ‘possesion’ in relation to land includes occupation of land by a person 448) ai) deemed to bo a tenant under Section 4, Section 4A, Section 5, Section 6, Sestion GA, Section 6B, Section 7, Section 7A, Section 7B, Section 7C, Section 7D, Section 8, Section 9 or Section 10, or presumed to be a tenant under Section 11] (46). “prescribed” means prescribed by rules made under this Act; (47) “private forest” means a forest which is not owned by the Government, but does not include—] (i) areas which are waste and are not encaves within wooded areas; (i) areas which are gardens or rilams; (ii) areas which are planted with tea, coffae, cocoa, rubber, cardamom or cinnamon; and {iv) other areas which are cultivated with pepper, arocanut, coconut, cashew or olher irut-bearing trees or are cultivated with eny other agricultural crop; fe oF intermittent cuttivation of *punam or kumi cultivation” means fugi paddy on drylands in Melabar; “punam of kumri cultivater” means a person who has raised crops by punam ‘or kumi cutivation in any year between 1953 and 1959 and, where there are successive cultivators in respect o! the same land, the cultivator who raised crops last by such cultivation during the said periog: ‘rent" means whatever is lawfully payable in money or in kind or in both by a person permitted to have the use and occupation of any land to the person 30 permitiing, and includes michavaram, but does not include customary duas;(60) “resumption” means the recovery of possession of land from a tenant; (51) “seaman” means every perscn (including a master, pilot or apprentice) employed or engaged os a memter of the crew of a ship or a sailing vessel to which the Merchant Shipping Act, 1958 (Central Act 44 of 1958), applies; (62) “small holder’ meansa landlord who doesnot have interest in land exceeding eight standard acres or [ten acras] in extent, whichever is less, as owner, intermediary, or cultivating tenant, or in two or more of the above capacities, 0 however that the extent of non-resumable land in his possession as ‘owner, or es cultivating tenant, o: partly as owner and partly as culivating tenant, does not exceed— (i) "two and a half standard acres); or (i) tour aores in extent, whichever is greater. Explanation.— For the purposes of this clause, a person who was in possession of, or had interest in, land exceeding the limits specified in this clause immediately before the 18th December, 1957, but such extent of land was reduced to the said limits or below by partion or transier effected after the date mentioned above, shall not be deemed ‘o be a small holder; nor shall such partion or transfer eniitle the allottee or transferee 10 exercise the rights of @ smell holder in respect of the land allotted or transferred to him;(3) (64) (55) (66) (586A) (87) *Sreepadem lands” means the lands registered in the revenue records as “steepadam veka" and known 2s sreepadam lands, but does not include sreepadam thenathu lands, “Sree Pandaravaka lands’ means the lands owned by the Sree Padmanabhaswamy; ‘standard acre” means, in relation to any class of land specified in Schedule |! situate in the cistrict or taluk mentioned therein, the extent of land specified against itn thet Schedule; “State” means the Stale of Kerala; "Taluk Land Board" means a Taluk Land Board constituted under Section 100A:] tenant" means any person who has paid or has agreed to pay rent o- other consideration for his being allowed to possess and to enjoy any land by a person entitied to lease that land, ard includes—] Sta). the heir, assignee or legal representative of, or any person deriving rights, through, any such person who has psid or has agreed to pay rent or other consideration,] {(aa)_ an intermediary,] (b) a kanamear, (¢)_ a kanam-kuzhikanamdar, (@)_ a kuzhikanamdar, ®[(da)_an ottikuzhikanamdar] (e) a mulgenider, (f)_ averumpettamdar ot any description including a customary verumpattamdar), (g)_ the holdor of a chalgeni lease, (h) the holder of a kudiyinsppu, 7h) a person holding lands under a kuzhichuvaipum kudiyiruppum, (hhh) the holder of a karaima,] (i) the holder of a vaidageni lease, and %[{) a porson who is doomed to be a tenant under Section 4, Section 4A, Section 5, Section 6, Section 6A, Section 6B, Section 7, Section 7A, Section 7B, Section 70, Section 7D, [Section 7E] Section 8, Section 9 oF Section 10, or presumed fo be a tenant under Section 11.] Explanation.— For the purposes of this clause. — ()) “holder of a chalgeni lease” means a lessee or sub-lessee of specific immovable propery situale in the taluk of Hosdrug or Kasaragod in the district of Gannanore, viho has contracted either expressly or impliedly 1o hold the same under a lease, whether for a specitied period or not; (i) ‘muigeni? means a tenancy in perpetuty at a fixed invariable, rent created in favour of a person called mulgenidar; (ii). “valdagent lease” means & lease for a term of years;(68) “timber trees" means trees, the yield or income from which has not to be taken into account for the determination of fair rent; (59) “to hold land" moans to be in possession of land as owner or as tenant or partly as owner and partly as tenant; “or, in respect of any land owned by the Government, to be in occupation either as lessee or otherwise:] (60) “varam” means an arrangement for the cultvation of nilam with paddy and sharing the produce, made between the owner ot other person in lawful possession of the nilam and the person who undertakes Cuttivation under such arrangement, and includes the arrangements known as pathivaram, pankuvaram and pankupattam: and ‘varamdar’ means the petson who Undertakes cultivation under a varam arrangemen (61) “Vechupakuthy" means a transaction whereunder a landowner permits another person tobe in joint possession with him of any land with the following stipulations:— (i) the vechupakuthidar shall improve the land within a specified period; {i)_at the end of the period 30 apecifiod— (a) the lang shall be partitioned between the land owner and the vechupakuthidar in a specified proporiion; [and] (b) upon such partition, all the rights of elther party over the portion of the land set apart for the other shall stand transferred to and vost in the other; “xx xx) *2Ui)_ x xxx)(62) (i) (il) “{(62A) “1(63) -verummpaitamdar’ means a lessee or sub-lessee of immovable property, whether called verumpatiamdar, or venpattamdar, who has expressly 0° impliedly contracted to hold the same under a lease with or without security for rent, and includes a tharikuthukaran in the Palghat district, but does not include a Kenamdar, kanam-kuzhikanamear, or kuzhikanamdar; “customary verumpattamdar" means any verumpattamdar of immovable proparyy situate in any area to which the Malabar Tenancy Act, 1928, ‘extended, who, before the commencement of the Malabar Tenancy (Amendment) Ac:, 1951, was entitled by the custom of the locality in whien the land was situated, to possession of the said land for a definite period of years, and for whose continuance thereon, after the termination of that period, for a further period, a renewel fee had to be paid to the landlord as ‘an incident of the tenure; ‘vilage officer’ means the person appointed as a village officer in respect of a village and includes an additional village officer, a village assistant and an adcitional village assistant;) “walk” means the permanent decication by a person professing Islam of any movable or immovable praperty for any purpose recognised by the Muslim Law or any other law in force as pious, religious, or chavitable, and includes a wakf by user, but does not include a wakt such as is described in Section ofthe Musalman Wakf Validating Act, 1913, under which any baneiit is for the time being claimable for himself by the person by whom the wat ‘was created or by any member of his family or descendants.]