Section 4(2) in Tamil Nadu Cultivating Tenants Protection Act, 1955
(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.]
