Section 41 in Tamil Nadu Minor Inams (Abolition and Conversion Into Ryotwari) Act, 1963
41. Inamdar's right to collect arrears.
(1)Notwithstanding anything contained in this Act in the case of a minor inam, all arrears of rent payable by a person to an inamdar in respect of any land in such inam and outstanding on the appointed day shall, to the extent to which such arrears are in excess of the rent due for three fasli years in respect of that land, be deemed to be discharged whether or not a decree has been obtained therefor if such person pays to the inamdars the arrears of rent due for a period of any three fasli years.(2)In any suit or proceeding for the recovery of any arrears of rent referred to in sub-section (1), the Court or authority concerned shall, upon deposit in the Court or before the authority, or upon proof by the ryot of the payment, of arrears of such rent for three fasli years, dismiss the suit or proceeding.(3)If before the appointed day, any decree or order has been passed in any suit or proceeding for the recovery of any arrears of rent due from a ryot, which is inconsistent with the provisions of this section, the Court or authority concerned shall, upon deposit in the Court or before the authority, or upon proof of the payment of the arrears of rent due from the ryot for any three fasli years 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:Provided that nothing contained in this section shall apply to any suit or proceeding in which the decree or order has been satisfied in full, before the appointed day.(4)The provisions of this section shall have effect notwithstanding anything inconsistent therewith contained in the [Tamil Nadu] [Substituted for the word 'Madras' by the Tamil Nadu Adaptation of Laws Order, 1969, as amended by the Tamil Nadu Adaptation of Laws (Second Amendment) Order, 1969.] Estate Land (Reduction of Rent) Amendment Act, 1963 (Tamil Nadu Act 19 of 1963).Explanation. - For the removal of doubts, it is hereby declared that the payment, or deposit, of arrears of rent for three fasli years referred to in this section shall be payment or deposit made after the appointed day.
