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State of Tamilnadu - Section

Section 4 in Tamil Nadu Cultivating Tenants (Special Provisions) Act, 1968

4. Payment in instalments of arrears of rent for the period prior to 20th April 1968.

(1)Any cultivating tenant shall be entitled to pay the total amount of arrears of rent which accrued due to a landlord before, and is outstanding on, the 20th April 1968 in four equal annual instalments without interest on or before the 1st April of each of the four years following the 20th April 1968.
(2)Where in respect of a decree for the arrears of rent mentioned in sub-section (1) passed before the 20th April 1968, a cultivating tenant fails to make anyone 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 20th April 1968 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 subsection (1).
(4)In any suit instituted on or after the 20th April 1968 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).