Section 3F in Tamil Nadu Estates Land (Reduction of Rent) Act, 1947
3F. [ Rent recovered by State Government to be deemed to be provisional payment by tenant, right of land-holder to recover balance of rent due and limitation. [Inserted by section 2 of the Tamil Nadu Estates Land (Reduction of Rent) Amendment Act, 1963.]
(1)Where after the publication of an order under section 3, subsection (2), it is held by any Court, Tribunal or other authority that-(i)the area specified in the order is not an estate, or(ii)any land specified in such order is not a ryoti land,the rent in respect of any land in the area mentioned in clause (i) or in respect of any land mentioned in clause (ii), recovered by the State Government under section 3, sub-section (4), shall be deemed to be the rent provisionally paid by the tenant to the landholder.(2)The landholder shall, in respect of any such land as is referred to in subsection (1), be entitled to recover from the tenant and the tenant shall be liable to pay to the landholder an amount equal to the difference between the rent which the tenant would have been liable to pay in respect of that land if the rates of rent had not been reduced under this Act, and the rent in respect of that land recovered by the State Government under section 3, sub-section (4). The said amount shall, until it is paid, bear simple interest at the rate of six per cent per annum from the date of the commencement of the [Tamil Nadu] Estates Land (Reduction of Rent) Amendment Act, 1963 ( [Tamil Nadu] [Substituted for the word 'Madras' by the Tamil Nadu Adaptation of Laws Order, 1969, as amended by the Tamil Nadu Adaptation of Laws (Second Amendment) Order, 1969.] Act 19 of 1963), or the date of the decision or order of any Court, Tribunal or other authority referred to in sub-section (1) whichever date is later.(3)(i)In any suit or proceeding for the recovery of the amount and interest referred to in sub-section (2), the Court or authority concerned shall order that such amount and interest shall be paid in such number of annual instalments not exceeding ten and in such manner as may be determined by the Court or authority.(ii)If, before the date of the publication of the [Tamil Nadu] [Substituted for the word 'Madras' by the Tamil Nadu Adaptation of Laws Order, 1969, as amended by the Tamil Nadu Adaptation of Laws (Second Amendment) Order, 1969.] Estates Land (Reduction of Rent) Amendment Act, 1963 ([Tamil Nadu] [Substituted for the word 'Madras' by the Tamil Nadu Adaptation of Laws Order, 1969, as amended by the Tamil Nadu Adaptation of Laws (Second Amendment) Order, 1969.] Act 19 of 1963) in the [Fort St. George Gazette] [Now Tamil Nadu Government Gazette.], any decree or order has been passed in any suit or proceeding for the recovery of the amount and interest referred to in sub-section (2), which is inconsistent with the provisions of this section, the Court or authority concerned shall, on the application of any person affected by such decree or order, whether or not he was a party thereto, vacate the decree or order and pass a fresh decree or order which shall be in conformity with the provisions of this section:Provided that nothing contained in this clause shall apply to any suit or proceeding in which the decree or order has been satisfied in full, before the date mentioned in this clause.(4)In respect of any such land as is referred to in sub-section (1), the State Government shall pay to the landholder all amounts recovered by them under section 3, sub-section (4), after deducting therefrom the amounts already paid to him and also the cost of recovery, peshkash, cesses and other moneys due from the landholder to the State Government and constituting a charge on the land concerned.(5)In computing the period of limitation for the recovery of any amount due under sub-section (2), the period between the date on which the relevant order under section 3, sub-section (2), was published and the date of the decision or order of any Court, Tribunal or other authority referred to in sub-section (1) or the date of the commencement of the [Tamil Nadu] [Substituted for the word 'Madras' by the Tamil Nadu Adaptation of Laws Order, 1969, as amended by the Tamil Nadu Adaptation of Laws (Second Amendment) Order, 1969.] Estates Land (Reduction of Rent) Amendment Act, 1963 ([Tamil Nadu] [Substituted for the word 'Madras' by the Tamil Nadu Adaptation of Laws Order, 1969, as amended by the Tamil Nadu Adaptation of Laws (Second Amendment) Order, 1969.] Act 19 of 1963) whichever date is later shall be excluded.Explanation I. - For the purposes of this section, "landholder" in relation to any land means the person entitled to collect the rent in respect of such land if an order under section. 3, sub-section (2), had not been published and includes a person deriving rights through him.Explanation II. - For the purposes of this section and sub-section (1) of section 5, the expression "tenant" means a person from whom rent was recovered by the State Government under section 3, sub-section (4), and includes a person deriving rights through him.]
