Section 4 in Tamil Nadu Cultivating Tenants Arrears of Rent (Relief) Act, 1980
4. [ Relief for payment of arrears of rent. [Substituted In/ Tamil Nadu Cultivating Tenants Arrears of Rent (Relief) Act, 1980 (Tamil Nadu Act 37 of 1980).]
(1)All arrears of rent payable by a cultivating tenant to the landlord for the fasli year ending with the 30th June 1972 and for any previous fasli year and outstanding on the date of the publication of this Act, shall be deemed to be discharged, whether or not a decree or order has been obtained thereof, if such cultivating tenant:(i)has, before the date of the publication of this Act, paid to the landlord or deposited in the Court or before the competent authority, to the account of the landlord; or(ii)pays to the landlord or deposits in the Court or before the competent authority, to the account of the landlord in the manner specified in sub-sections (2) and (5); or(iii)is deemed to have paid or deposited under this Act, the rent for the fasli year commencing on the 1st July 1971 and ending with the 30th June 1972 without interest (hereinafter referred to as the rent for the fasli year 1381).(2)Any cultivating tenant may pay to the landlord or deposit in the Court or before the competent authority to the account of the landlord the rent for the fasli year 1381 in three equal instalments as specified below,:-(i)the first instalment, on or before the [30th June 1981];(ii)the second instalment, on or before the [31st March 1982] [Substituted by the Tamil Nadu Cultivating Tenants Arrears of Rent (Relief) Act, 1981 (Tamil Nadu Act 31 of 1981).];(iii)the third installment, on or before the 30th June 1982.(3)All arrears of rent payable by a cultivating tenant to the landlord for the period commencing on the 1st July 1972 and ending with the 30th June 1976 and outstanding on the date of the publication of this Act, shall be deemed to be discharged, whether or not a decree or order has been obtained therefor, if such cultivating tenant:(i)has, before the date of the publication of this Act, paid to the landlord or deposited in the Court or before the competent authority, to the account of the landlord; or(ii)pays to the landlord or deposits in the Court or before the competent authority, to the account of the landlord in the manner specified in sub-sections (4) and (5);(iii)is deemed to have paid or deposited under this Act-(a)the rent for the fasli year commencing on the 1st July 1972 and ending with the 30th June 1973 without interest (hereinafter referred to as the rent for the fasli year 1382); and(b)one-third of the rent for each fasli year during the period commencing on the 1st July 1973 and ending with the 30th June 1976 without interest (hereinafter referred to as the reduced rent):Provided that where the cultivating tenant deposits in the Court or before the competent authority under this Act the instalments, of the rent tor the fasli year 1381, the rent for the fasli year 1382, or the reduced rent, and in case where the rent is payable in kind, such deposit shall be the market value thereof on the date of such deposit.(4)Any cultivating tenant may pay to the landlord or deposit in the Court or before the competent authority to the account of the landlord-(a)the rent for the fasli year 1382 in three equal instalments as specified below:-(i)the first instalment, on or before the [30th June 1981] [Substituted by the Tamil Nadu Cultivating Tenants Arrears of Rent (Relief) Act, 1981 (Tamil Nadu Act 31 of 1981).];(ii)the second instalment, on or before the [31st March 1982] [Substituted by the Tamil Nadu Cultivating Tenants Arrears of Rent (Relief) Act, 1981 (Tamil Nadu Act 31 of 1981)];(iii)the third instalment, on or before the 30th June 1982; and(b)the reduced rent in three instalments as specified below:-(i)the first instalment being the one-fourth of the reduced rent, on or before the [30th June 1981] [Substituted by the Tamil Nadu Cultivating Tenants Arrears of Rent (Relief) Act, 1981 (Tamil Nadu Act 31 of 1981).];(ii)the second instalment being the one-half of the remainder of the reduced rent, on or before the [31st March 1982] [Substituted by the Tamil Nadu Cultivating Tenants Arrears of Rent (Relief) Act, 1981 (Tamil Nadu Act 31 of 1981).];(iii)the third instalment being the balance of the reduced rent, on or before the 30th June 1982.(5)The Court in which or the competent authority before which the deposit is made under sub-sections (2) and (4) 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 the instalments of the rent for the fasli year 1381, the rent for the fasli year 1382 and the reduced rent, due from the cultivating tenant. If the Court or the competent authority finds that any further sum is due towards such instalments, it shall allow the cultivating tenant to deposit the further time as the court or competent authority may allow which shall not in any case exceed thirty days from the respective date specified in the said sub-sections. If the Court or the competent authority adjudges that no further sum is due or if the cultivating tenant deposits within the time referred to above such further sum as is ordered by the Court or the competent authority, the cultivating tenant shall be deemed to have paid the instalments of the rent for the fasli year 1381, the rent for the fasli year 1382 and the reduced rent, within the due date for the purposes of this Act. If having to deposit a further sum, the cultivating tenant fails to do so within the time allowed by the Court or the competent authority the landlord may proceed against such cultivating tenant under the Public Trusts Actor the Tenants Protection Act, as the case may be, for arrears of rent.(6)[In any suit or proceeding pending on the date of the publication of the Tamil Nadu Cultivating Tenants Arrears of Rent (Relief) Amendment Act, 1981 (Tamil Nadu Act 31 of 1981), for the recovery of any arrears of rent payable by a cultivating tenant to the landlord for the fasli year ending with the 30th June 1976 and for any previous fasli year, or for the eviction of a cultivating tenant for non-payment of any such arrears of rent, the court or competent authority shall if the cultivating tenant pays or deposits, or has paid or deposited, or is deemed to have paid or deposited, under this Act, the rent for the fasli year 1381, the rent for the fasli year 1382 anil the reduced rent, and on the application of the cultivating tenant, pass an order dismissing, without costs, the suit or proceeding in so far as such suit or proceeding relates to such recovery or eviction.] [Substituted by the Tamil Nadu Cultivating Tenants Arrears of Rent (Relief) Act, 1981 (Tamil Nadu Act 31 of 1981).](7)If, before the date of the publication of the Tamil Nadu Cultivating Tenants Arrears of Rent (Relief) Amendment Act, 1981 (Tamil Nadu Act 31 of 1981) any decree or order has been passed in any suit or proceeding-(i)for the recovery of any arrears of rent referred to in sub-section (6); or(ii)for the eviction of cultivating tenant for non-payment of any such arrears of rent,the Court or the competent authority shall, if the cultivating tenant pays or deposits, or has paid or deposited, or is deemed to have paid or deposited, under this Act, the rent for the fasli year 1381, the rent for the fasli year 1382 and the reduced rent and on the application of any person affected by such decree or order whether or not he was a party thereto vacate the decree or order in so far as such decree or order relates to such recovery or eviction.]
