Section 7 in Tamil Nadu Cultivating Tenants Arrears of Rent (Relief) Act, 1990
7. Relief for payment of arrears of rent by payment in instalments.
(1)All arrears of rent payable by a cultivating tenant to the landlord for the said years 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 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 (3),-(a)the current rent; and(b)the one-third of the total amount of arrears of rent for the said years without interest (hereinafter referred to as the one-third of the arrears of rent).(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,-(a)the current rent, on or before the 31st day of March 1991; and(b)the one-third of the arrears of rent in five equal annual instalments as specified below;(i)the first instalment, on or before the 31st day of March 1991;(ii)the second instalment, on or before the 31st day of March 1992;(iii)the third instalment, on or before the 31st day of March 1993;(iv)the fourth instalment, on or before the 31st day of March 1994; and(v)the fifth instalment, on or before the 31st day of March 1995.(3)The Court in which or the competent authority before which the deposit is made under sub-section (2) 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 current rent and the instalment of the one-third of the arrears of rent due from the cultivating tenant. If the Court or the competent authority finds that any further sum is due towards such current rent or any instalment of the one-third of the arrears of rent, it shall allow the cultivating tenant to deposit the further sum within the period specified in that subsection or within such further time as the Court or competent authority may allow which shall not in any case exceed [four months] [Substituted for the words 'two months' by the Tamil Nadu Cultivating Tenants Arrears of Rent (Relief) Second Amendment Act, 1991 (Tamil Nadu Act 25 of 1991).] from the respective date specified in the said sub-section. 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 current rent and the one-third of the arrears of rent within the due date for the purposes of this Act. If having to deposit a further sum, the cultivating tenant tails 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 Act or the Tenants Protection Act, as the case may be, for the current rent or the instalment of the one-third of the arrears of rent.(4)In any suit or proceeding pending on the date of the publication of this Act, for the recovery of the current rent or any arrears of rent for any fasli year in the said years payable by a cultivating tenant to the landlord or for the eviction of a cultivating tenant for non-payment of any such current rent or any arrears of rent, the Court or competent authority shall, if the cultivating tenant pays or deposits under this Act, the current rent and the one-third of the arrears of 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.(5)If, before the date of the publication of this Act, any decree or order has been passed in any suit or proceeding-(i)for the recovery of the current rent or any arrears of rent referred to in sub-section (4); or(ii)for the eviction of a cultivating tenant for non-payment of such current rent or any such arrears of rent,the Court or the competent authority shall, if the cultivating tenant pays or deposits under this Act, the current rent and the one-third of the arrears of 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.
