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[Cites 0, Cited by 0] [Section 5] [Entire Act]

State of Tamilnadu - Subsection

Section 5(2) in Tamil Nadu Cultivating Tenants Arrears of Rent (Relief) Act, 1980

(2)If, on or after the 12th February 1973, any cultivating tenant has paid or deposited any amount towards full or part satisfaction of a decree or order for the recovery of any arrears of rent referred to in sub-section (1), such amount shall be deemed to have been paid or deposited towards the instalments, of the rent for the fasli year 1381, the rent for the fasli year 1382 or the reduced rent and the Court or the competent authority shall, on the application of any person affected by such decree or order, whether or not he was a party thereto, reopen the proceeding and pass an order that the amount so paid or deposited shall be deemed to have been paid or deposited towards the installments of the rent for the fasli year 1381, the rent for the fasli year 1382 or the reduced rent in the order specified in sub-sections (2) and (4) of section 4.Explanation. - For the removal of doubts, it is hereby declared that where after adjustment of any payment to the landlord or deposit in the Court or before the competent authority, to the account of the landlord made by the cultivating tenant under this section, such payment or deposit falls short of the rent for the fasli year 1381, the rent for the fasli year 1382 or the reduced rent payable under sub-sections (1) and (3) of section 4, the cultivating tenant shall be liable to pay the balance of the rent for the fasli year 1381, the rent for the fasli year 1382 or the reduced rent in accordance with the provisions of sub-sections (2) and (4) of section 4:Provided that the provisions of this section shall not apply to-
(i)any payment made to the landlord; or
(ii)any deposit made in the Court or before the competent authority to the account of the landlord,
by the cultivating tenant by way of rent for the fasli year commencing on the 1st July 1976 and for any subsequent fasli year.