Section 3 in Tamil Nadu Cultivating Tenants Protection Act, 1955
3. Landlords not to evict cultivating tenants.
(1)Subject to the next succeeding sub-sections, no cultivating tenant shall be evicted from his holding or any part thereof, [x x x] [The words 'during the continuance of this Act' were, titled by section 4 of the Madras Cultivating Tenants Protection (Continuance) Act, 1965 (Tamil Nadu Act 8 of 1965).] by or at the instance of his landlord, whether in execution of a decree or order of a Court or otherwise.(2)Subject to the next succeeding sub-section, sub-section (1) shall not apply to a cultivating tenant -(a)[ who, in the areas where the Tanjore Tenants and Pannaiyal Protection Act, 1952 (Tamil Nadu Act XIV of 1952), was in force immediately before the dale of coming into force of the Tamil Nadu Cultivating Tenants Protection (Amendment) Act, 1956, if in arrear at the commencement of this Act, with respect to the rent payable to the landlord does not pay such rent within six weeks after such commencement or who in respect of rent payable to the landlord after the commencement of this Act, does not pay such rent within a month after such rent becomes due; or [Substituted for the original clause (a) by section 4(a)(i) of the Tamil Nadu Cultivating Tenants Protection (Amendment) Act, 1956 (Tamil Nadu Act XIV of 1956).](aa)who, in the other areas of the State of Tamil Nadu, if in arrear at the commencement of this Act, with respect to the rent payable to the landlord and accrued due subsequent to the 31st March, 1954, does not pay such rent within a month alter such commencement, or who in respect of rent payable to the landlord after such commencement, does not pay such rent within a month after such rent becomes due; or](b)who has done any act or has been guilty of any negligence which is destructive of, or injurious to, the land or any crop thereon or has altogether ceased to cultivate the land; or(c)who ha s used the land for any purpose not being an agricultural or horticultural purpose; or(d)who has willfully denied the title of the landlord to the land.[Explanation I. [The original Explanation as renumbered as Explanation I and Explanation II was added by section 4(a)(ii) of the Tamil Nadu Cultivating Tenants Protection (Amendment) Act, 1956 (Tamil Nadu Act XIV of 1956).] - A denial of the landlord's title under a bona fide mistake of fact is not wilful within the meaning of this clause.][Explanation II. [The original Explanation was renumbered, as Explanation land Explanation II was added by section 4(a)lii) of the Tamil Nadu Cultivating Tenants Protection (Amendment) Act, 1956 (Tamil Nadu Act XIV of 1956).] - In relation to areas where the Tanjore Panniyal Protection Act, 1952 ([Tamil Nadu] Act XIV of 1952) [was in force] [Substituted for the words and to areas where the South Kanara Cultivating Tenants Protection Act 1954 (Madras Act VI of 1954) it ere in force' by clause 3 of, and the Schedule to, the Madras Adaptation of Laws Order, 1957.] immediately before the dale of coming into force of the Tamil Nadu Cultivating Tenants Protection (Amendment) Act, 1956, the expression "commencement of this Act" wherever it occurs in this Act shall be construed as referring to the date aforesaid.][Explanation III. [Added by section 3(iii)(a) of the Tamil Nadu Cultivating Tenants Protection and Payment of Fair Rent (Extension to Added Territories) Act, 1963 (Tamil Nadu Act 33 of 1963).] - In relation to the added territories, clause (aa) of this subsection shall have effect as if the following clause had been substituted, namely:-"(aa) who, if in arrear on the date on which the Tamil Nadu Cultivating Tenants Protection and Payment of Fair Rent (Extension to Added Territories) Act, 1963, is first published in the ([Fort St. George Gazette], with respect to the rent payable to the landlord and accrued due during a period of one month before such date does not pay such rent within a month after such date, or who in respect oi rent payable to the landlord after such date, does not pay such rent within a month after such rent becomes due; or"][Explanation IV. - In relation to Kanyakumari district, clauses (aa) of this sub-section shall have effect as if the following clause had been substituted, namely:-(aa)who, if in arrear on the dale on which the Tamil Nadu Cultivating Tenants Protection and Payment of Fair Rent (Extension to Kanyakumari District) Act, 1972, is first published in the Tamil Nadu Government Gazette with respect to the rent payable to the landlord and accrued due during a period of one moot Is before such date does not pay such rent within a month after such date, or who in respect of rent payable to the landlord after such date, does not pay such rent within a month after such rent becomes due; or](3)(a)A cultivating tenant may deposit in Court the rent or, if the rent be payable in kind, its market value on the date of deposit, to the account of the landlord-(i)in the case of rent accrued due subsequent to the 31st March 1954, within a month after the commencement of this Act;(ii)in the case of rent accrued due after the commencement of this Act, within a month after the date on which the rent accrued due;(b)The Court shall cause* notice of the deposit to be issued to the landlord and determine, after a summary enquiry, whether the amount deposited represents the correct amount of rent due from the cultivating tenant. If the Court finds that any further sum is due, it shall allow the cultivating tenant such time as it may consider just and reasonable having regard to the relative circumstances of the landlord and the cultivating tenant for depositing such further sum inclusive of such costs as the Court may allow. If the Court adjudges that no further sum is due, or if the cultivating tenant deposits within the time allowed such further sum as is ordered by the Court, the cultivating tenant shall be deemed to have paid the rent within the period specified in the last foregoing sub-section. If, having to deposit a further sum, the cultivating tenant fails to do so within the time allowed by the Court, the landlord may evict the cultivating tenant as provided in sub-section (4).(c)The expression "Court" in this sub-section means the Court which passed the decree or order for eviction, or where there is no such decree or order, the Revenue Divisional Officer.[Explanation I. [Explanation was added by section 2(ii) of the Tamil Nadu Cultivating Tenants Protection and Payment of Fair Rent (Amendment) Act, 1961 (Tamil Nadu Act 32 of 1961) which was deemed to have come into force on the 2nd March 1960.] - In relation to the Shencottah taluk of the Tirunelveli district, the expression 'commencement of this Act' wherever it occurs in clause (a) of this sub-section shall be construed as referring to the date on which the Tamil Nadu Cultivating Tenants Protection and Payment of Fair Rent (Amendment) Act, 1961, is first published in the Fort St. George Gazette] [Added by section 2(ii)(a) of the Tamil Nadu Cultivating Tenants Protection and Payment of Fair Rent (Extension to Kanyakumari District) Act 1972 (Tamil Nadu Act 4 of 1976).][Explanation II. - In relation to the added territories, the expression 'rent accrued due subsequent to the 31st March 1954' occurring in sub-clause (i) of clause (a) of this sub-section shall be construed as referring to rent accrued due during a period of one month before the date on which the Tamil Nadu Cultivating Tenants Protection and Payment of Fair Rent (Extension to Added Territories) Act, 1963 is first published in the Fort St. George Gazette.] [The Explanation to sub-section (3) of section 3 was numbered as Explanation 1 and Explanation II was added by section 3(iii)(b) of the Tamil Nadu Cultivating Tenants Protection and Payment of Fair Rent (Extension to Added Territories) Act, 1963 (Tamil Nadu Act 33 of 1963).][Explanation III. - In relation to the Kanyakumari district, the expression rent accrued due subject to the 31st March 1954' occurring in sub-clause .(i) of clause (a) of this of this sub-section shall be construed as referring to rent accrued due during a period of one month before the date on which the [Tamil Nadu] [This Explanation was added by sect ion 2(ii)(b) of the Tamil Nadu Cultivating Tenants Protection and Payment of Fair Rent (Extension to Kanyakumari District Act, 1972 (Tamil Nadu Act 4 of 1976).] Cultivating Tenants, Protection and Payment of Fair Rent (Extension to Kanyakumari district) Act, 1972, is first published in the Tamil Nadu Government Gazette].(4)(a)Every landlord seeking to evict a cultivating tenant falling under subsection (2) shall, whether or not there is an order or decree of a Court for the eviction of such cultivating tenant, make an application to the Revenue Divisional Officer and such application shall bear a Court-fee stamp of one rupee.(b)On receipt of such application, the Revenue Divisional Officer shall, alter giving a reasonable opportunity to the landlord and the cultivating tenant to make their representations, hold a summary enquiry into the matter and pass an order either allowing the application or dismissing it and in a case falling under clause (a) or clause (aa) of sub-section (2) in which the tenant had not availed oi the provisions contained in sub-section (3), the Revenue Divisional Officer may allow the cultivating tenant such time as he considers just and reasonable having regard to the relative circumstances of the landlord and the cultivating tenant for depositing the arrears of rent payable under this Act inclusive of such costs as he may direct. If the cultivating tenant deposits the sum as directed, he shall be deemed to have paid the rent under sub-section (3)(b). If the cultivating tenant fails to deposit the sum as directed, the Revenue Divisional Officer shall pass an order for eviction.[Provided that the Revenue Divisional Officer shall not direct the cultivating tenant to deposit such arrears of rent as have become Time barred under any law of limitation for the time being in force.] [Proviso added by section 11 of the Tamil Nadu Cultivating Tenants Arrears of Rent (Relief) Act, 1972 (Tamil Nadu Act 21 of 1972)]
