Section 4 in Tamil Nadu Cultivating Tenants Protection Act, 1955
4. Right to restoration of possession.
(1)Every cultivating tenant who was in possession of any land on the 1st December 1953 and who is not in possession thereof at the commencement of this Act shall, on application to the Revenue' Divisional Officer, be entitled to be restored to such possession on the same terms as those applicable to the possession of the land on the 1st December 1953.(2)Nothing in sub-section (1) shall be deemed to entitle any such cultivating tenant to restoration of possession-(i)if, on the day this Act comes into force, he is in possession, either as owner or as tenant or as both, of land exceeding the extent specified in the Explanation below or if he has been assessed to any sales-tax, profession-tax or income-tax under the respective laws relating to the levy of such taxes during 1953-54 or 1954-55; or(ii)if the landlord, after evicting such cultivating tenant from the land [has been carrying on personal cultivation on the land] [Substituted for the words 'has been cultivating the land by his own labour or by that of any other member of his family or hired labour under his supervision or control' by section 5(1) of the Tamil Nadu Cultivating Tenants Protection (Amendment) Act 1956 (Tamil Nadu Act XIV of 1956).], provided as follows:(a)the total extent of land held by such landlord inclusive of the land, if any, held by him as tenant does not exceed the extent specified in the Explanation below; and(b)the landlord has not been assessed to any sales tax, profession-tax or income-tax under the respective laws relating to the levy of such taxes during 1953-54 or 1954-55; or(iii)if subsequent to the 1st December, 1953, the landlord has bona fide admitted some other cultivating tenant to the possession of land and such other tenant has cultivated the land before the commencement of this Act;Provided that where such other tenant is in possession, either as owner or as tenant or as both of any other land which exceeds the extent specified in the Explanation below and, the cultivating tenant who was evicted is not in possession of any land or is in possession of any other land which is less than the extent specified in the said Explanation, the cultivating tenant shall be entitled to restoration of possession.[Explanation. [Substituted for the original Explanation by section 5(3) of the by Tamil Nadu Cultivating Tenants Protection Amendment) Act, 1956 (Tamil Nadu Act XIV of 1956).] - The extent referred to in clauses (i) to (iii) above is 6-23 acres of wet land.](3)Every application to a Revenue Divisional Officer under sub-section (1) shall be made within thirty days from the commencement of this Act, and shall bear a court-fee stamp of one rupee;Provided that the application maybe received after the period of thirty days aforesaid, if the applicant satisfies the Revenue Divisional Officer that he had sufficient cause for not making the application within that period.(4)On receipt of an application under sub-section (3), the Revenue Divisional Officer shall, after giving a reasonable opportunity to the landlord and the cultivating tenant, if any, in possession of the land, to make their representations, hold a summary inquiry into the matter and pass an order either allowing the application, or dismissing it the Revenue Divisional Officer may impose such conditions as he may consider just and equitable including in regard to-(i)the payment by the applicant of any arrear of rent already due from him to the landlord, but not exceeding in amount one year's rent, and(ii)the reimbursement by the applicant of the landlord or the other cultivating tenant in respect of the expenses incurred or the labour done by him during the period when the applicant was not in possession, on any crop which has not been harvested, if an agreement is not reached between the parties as regards is not reached between the parties as regards the rates and manner of such reimbursement.Explanation. - In lieu of imposing any condition relating to reimbursement as provided in clause (ii), the Revenue Divisional Officer may, in his discretion, postpone the restoration of the applicant to possession of the land, until any crop which is being grown thereon at the lime when the order is passed, has been harvested.(5)[ Any cultivating tenant who after the commencement of this Act has been evicted except under the provisions of sub-section (4) of section 3 shall be entitled to apply to the Revenue Divisional Officer within two months from the dale of such eviction or within two months from the date of coming into force of the Tamil Nadu Cultivating Tenants Protection ( Amendment) Act, 1956 (Tamil Nadu Act XIV of 1956) for the restoration to him of the possession of the lands from which he was evicted and to hold them with all the rights and subject to all the liabilities of a cultivating tenant. The provisions of sub-section (4) shall, so far as may be, apply to such an application.] [Added by section 5(3) of the Tamil Nadu Cultivating Tenants Protection (Amendment) Act, 1956 (Tamil Nadu Act XIV of 1956).][Explanation [I. - In relation to the Shencottah taluk of the Tirunelveli district, the expressions '1st December, 1953' and '1953-54 or 1954-55 wherever they occur in this section shall be construed respectively as referring to '1st March, 1958' and '1957-58 or 1958-59'.] [Added by section 2(iii) of the Tamil Nadu Cultivating Tenants Protection and Payment of Fair Rent (Amendment) Act, 1961 (Tamil Nadu Act 32 of 1961) which was deemed to have come into force on the 2nd March 1960.]][Explanation II. - Nothing in sub-sections (1), (2) and (3) shall apply to the added territories.] [Numbered as Explanation I thereof and Explanation II was added by section 3(iv) of the Tamil Nadu Cultivating Tenants Protection and Payment of Fair Rent (Extension to Added Territories) Act, 1963 (Tamil Nadu Act 33 of 1963).][Explanation III. - Nothing in sub-section (1), (2) and (3) shall apply to the Kanyakumari District.] [Added by section 2(iii)of the Tamil Nadu Cultivating Tenants Protection and Payment of Fair Rent (Extension of Kanyakumari District) Act, 1972 (Tame Nadu Act 4 of 1976).]
