Section 5 in Tamil Nadu Cultivating Tenants (Special Provisions) Act, 1984
5. Payment in instalments of arrears of rent for the period prior to 30th June 1983.
(1)Every cultivating tenant shall be entitled to pay the total amount of arrears of rent which accrued due to a landlord before the 30th June 1983 and is outstanding on the date of the publication of this Act, in four equal instalments without interest as specified below:(i)[ the first instalment, on or before the 15th November 1985; [Substituted by Tamil Nadu Cultivating Tenants (Special Provisions) Amendment Act, 1985 (Tamil Nadu Act 41 of 1985).](ii)the second instalment, on or before the 31st March 1986;(iii)the third instalment, on or before the 15th November 1986; and(iv)the fourth instalment, on or before the 31st March 1987.](2)Where in respect of a decree for the arrears of rent mentioned in sub-section (1) passed before the date of the publication of this Act, a cultivating tenant fails to make any one of the payments specified in sub-section (1), the decree holder shall be entitled to execute the decree in respect of the instalment which is in default.(3)In any suit pending on the date of the publication of this Act for the recovery of the arrears of rent mentioned in sub-section (1), the Court shall pass a decree, for the payment of such instalments as would become payable under the provisions of sub-section (1).(4)In any suit instituted on or after the date of the publication of this Act for the recovery of the arrears of rent mentioned in sub-section (1), the Court shall pass a decree for the payment of such instalments as would become payable under the provisions of sub-section (1).(5)Nothing contained in this Act shall bar the Court from passing a decree or making an order in an application for execution of the decree under such terms and conditions as may be more favourable to the cultivating tenant than those provided for in this section either of its own motion upon a consideration of all the circumstances of the case or upon an agreement between the parties.(6)The provisions of sub-section (1) shall for the purposes of execution, be deemed to be a subsequent order of Court within the meaning of the entry in the third column against Article 136 of the Schedule to the Limitation Act, 1963 (Central Act 36 of 1963).
