23. Grounds for eviction of cultivating verumpattamdar.
- No suit for eviction of a cultivating verumpattamdar from his holding shall lie at the instance of his landlord except on the following grounds:-(1)that the tenant has wilfully denied the title of the landlord before the date of such suit;Explanation. - A denial of the landlord's title under a bona fide mistake of fact is not wilful within the meaning of this clause;(2)that the tenant has intentionally and wilfully committed such acts of waste as are calculated to impair materially and permanently the value or utility of the holding for agricultural purposes;(3)that the tenant has not paid, within three months after the due date, the whole or any portion of the rent due in respect of the holding;(4)that the tenant has collusively allowed a stranger to encroach on the holding or part thereof adversely to the interest of the landlord;(5)that, at the end of an agricultural year, the landlord needs the holding bona fide for the purpose of raising crops or other produce for his own maintenance or for that of any member of his tarwad, tavazhi, illom, kutumba, kavaru or family who has a proprietary and beneficial interest in the holding.Explanation. - In considering requirements for maintenance, regard shall be had only to primary needs.Exception. - Nothing in this clause shall apply to any holding which has been in the continuous occupation of the tenant or of any member of his tarwad, tavazhi, illom, kutumba, kavam or family for not less than six years;(6)that, at the end of an agricultural year, the landlord needs the holding or part thereof for the purpose of constructing a building bona fide for his own residence or for that of any member of his tarwad, tavazhi, illom, kutumba, kavaru or family who has a proprietary and beneficial interest in the holding;(7)that, at the end of an agricultural year, the landlord being the trustee of a temple, mosque, church or other place of public religious worship and holding the land in trust for the purposes thereof, needs the holding for the extension of the temple, mosque, church or other place and the Collector certifies that the holding is so needed:Provided that in cases falling under clause (4), clause (6) or clause (7) where only a part of the holding has been encroached upon or is needed, as the case may be, the eviction shall be from such part of the holding only:Provided further that-(i)no tenant shall be evicted on the ground specified in clause (5) or clause (6) by any sthani or by the trustee of any temple, mosque, church or other place of public religious worship or, of any other public, religious or charitable institution or endowment;(ii)nothing contained in clauses (5) to (7) shall apply to the holding or that portion of the holding which consists of a kudiyiruppu [or a protected ulkudi] [Substituted for the words 'a protected ulkudi or a kudikidappu ' by clause 3 of, and the Schedule to the Madras Adaptation of Laws Order, 1957.];(iii)no person whose right to evict arises under an instrument of transfer inter vivos shall be entitled to sue for eviction on the ground specified in clause (5) or clause (6) until the expiry of two years from the date of the instrument.Explanation. - In that case of a landlord governed by a law other than the Marumakkattayam law or the Aliyasantana law', the wife or husband and the father, mother and children of the landlord shall be deemed to be members of the landlord's family having a proprietary and beneficial interest in the holding.
