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State of Tamilnadu - Section

Section 7 in Tamil Nadu Cultivating Tenants (Special Provisions) Act, 1984

7. Landlord may evict a cultivating tenant for default in payment of instalment.

(1)Any landlord may evict any cultivating tenant-
(a)who has failed to pay any of the instalment of rent under sub-section (1) of section 5, or
(b)who, having deposited the instalment of rent before the competent authority under sub-section (1) of section 5, has failed to deposit further sum, if any, within the time allowed by the competent authority under sub-section (2) of section 6.
(2)Any landlord seeking to evict a cultivating tenant falling under sub-section (1) shall, whether or not there is an order or decree of a Court for the eviction of such cultivating tenant, make an application to the competent authority.
(3)On receipt of such application, the competent authority shall, after giving a reasonable opportunity to the landlord and the cultivating tenant to make their representations, hold a summary enquiry into the matter and pass an order either allowing the application or dismissing it and in a case falling under clause (a) of sub-section (1), the competent authority may allow the cultivating tenant such time as it considers just and reasonable having regard to the relative circumstances of the landlord and the cultivating tenant for depositing the instalment due inclusive of such costs as it may direct. If the cultivating tenant deposits the sum as directed, he shall be deemed to have paid the instalment of rent within the due date. If the cultivating tenant fails to deposit the sum as directed, the competent authority shall pass an order for eviction.Explanation. - For the purposes of this section and sections 6, 8,10 and 16, "competent authority" means-
(a)in relation to a cultivating tenant as defined in the Tenants Protection Act, the Revenue Divisional Officer in whose jurisdiction the holding in question or part thereof is situate, or an officer of the Revenue Department not lower in rank than the Revenue Divisional Officer empowered by the State Government in this behalf; and
(b)in relation to the cultivating tenant as defined in the Public Trusts Act, the authorised officer.