Section 169

Section 169 of Tlr&lr Act. 1960. where any excess land of a raiyat is in his actual possession, the excess land shall vest in the Government.

(1) where any excess land of a raiyat is in his actual possession, the excess land shall vest in the Government.

(2) Where any excess land of a raiyat is in the possession of a person holding the same as an under-raiyat or as a mortgage and the excess land together with any other land held by such person exceeds his ceiling limit, the land in excess of the ceiling limit shall vest in the Government.

(3) Where any excess land of a raiyat is in the possession of a person holding the same as in under-raiyat or as a mortgage and such person his ceiling limit, that person shall acquire the rights of the raiyat or of the mortgagor, as the case may be, in respect of such excess land or part thereof on payment of compensation, if any, as hereinafter provided, but if that person refuses to pay such compensation, the excess land or part thereof shall vest in the Government. Ban to institution of suit for specific performane Excess land to vest in Government (4) Where there is any excess land of an under-raiyat or of a mortgage with possession, the excess land shall vest in the Government:

Provided that in any case where the excess land or any part thereof held by the raiyat or the mortgagor together with any other land held by such person does not exceed the ceiling limit, the excess land or such part thereof as does not exceed the ceiling limit shall be restored to the possession of that person on an application made by him in this behalf to the competent authority within such time as may be prescribed and in the case where the possession of such land is restored to the mortgagor, the mortgage in respect of such land shall be deemed to be a simple mortgage: 1 [Provided further that the land held by an individual or a member of a family, as the whole or part of the share of the land in a co-operative society, in excess of the ceiling limits applicable to a member of such a society within the meaning of sub-section (6) of section 164A shall, subject to the provisions of the said sub-section, be deemed to have surrendered by him to such co-operative society and the land so surrendered, shall continue to remain in the possession of the co-operative society concerned who shall be entitled to re-allot such land, subject to the approval of the State Government and on payment of such compensation as may be fixed by the State Government, among its existing or future members, and the individual or, as the case may be, the member of the family whose land has been so surrendered shall get compensation as if the land so surrendered had vested in the Government.] 1. Amended by the Second Amendment Act, 1974. Publication of the final list and consequences there of

Section 169, Tlr&lr Act. 1960 (Act 43 of 1960).