Section 40 in Tamil Nadu Lease Holds (Abolition and Conversion into Ryotwari) Act, 1963
40. Transitional provision in regard to liabilities of lessee, etc.
(1)No claim or liability enforceable immediately before the appointed day against the lessee or against any other person whose rights in the lease-hold stand transferred to the Government in pursuance of clause (b) of section 4, shall on or after that day, be enforceable against the interest he had in the lease-hold; and all such claims and liabilities shall, after the date on which the earliest deposit in pursuance of this Act is made in the office of the Tribunal, be enforceable-(a)against the interim payments or the compensation or other sum or sums paid or payable to him under this Act, to the same extent to which such claims and liabilities were enforceable against his interest in the lease-hold immediately before the appointed day; and(b)against his other property, if any, to the same extent to which such claims and liabilities were enforceable against such property immediately before the appointed day.(2)No Court shall, on or after the appointed day, order or continue execution in respect of any decree or order passed against the lessee, or any other person aforesaid, against the interest he had in the lease-hold; and execution shall be ordered or continued in such cases in conformity with the provisions of sub-section (1) only as against the interim payments or against the compensation or other sum or sums paid or payable to him as aforesaid, or against his other property, if any.(3)No Court shall, in enforcing any claim or liability against the lessee or any other person aforesaid, allow interest at a rate exceeding six per cent per annum simple interest, for the period commencing on the appointed day and ending with the date on which the earliest deposit in pursuance of this Act is made in the office of the Tribunal.
