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[Cites 0, Cited by 13] [Section 3] [Entire Act]

State of Tamilnadu - Subsection

Section 3(3) in Tamil Nadu Cultivating Tenants Protection Act, 1955

(3)
(a)A cultivating tenant may deposit in Court the rent or, if the rent be payable in kind, its market value on the date of deposit, to the account of the landlord-
(i)in the case of rent accrued due subsequent to the 31st March 1954, within a month after the commencement of this Act;
(ii)in the case of rent accrued due after the commencement of this Act, within a month after the date on which the rent accrued due;
(b)The Court shall cause* notice of the deposit to be issued to the landlord and determine, after a summary enquiry, whether the amount deposited represents the correct amount of rent due from the cultivating tenant. If the Court finds that any further sum is due, it shall allow the cultivating tenant such time as it may consider just and reasonable having regard to the relative circumstances of the landlord and the cultivating tenant for depositing such further sum inclusive of such costs as the Court may allow. If the Court adjudges that no further sum is due, or if the cultivating tenant deposits within the time allowed such further sum as is ordered by the Court, the cultivating tenant shall be deemed to have paid the rent within the period specified in the last foregoing sub-section. If, having to deposit a further sum, the cultivating tenant fails to do so within the time allowed by the Court, the landlord may evict the cultivating tenant as provided in sub-section (4).
(c)The expression "Court" in this sub-section means the Court which passed the decree or order for eviction, or where there is no such decree or order, the Revenue Divisional Officer.
[Explanation I. [Explanation was added by section 2(ii) of the Tamil Nadu Cultivating Tenants Protection and Payment of Fair Rent (Amendment) Act, 1961 (Tamil Nadu Act 32 of 1961) which was deemed to have come into force on the 2nd March 1960.] - In relation to the Shencottah taluk of the Tirunelveli district, the expression 'commencement of this Act' wherever it occurs in clause (a) of this sub-section shall be construed as referring to the date on which the Tamil Nadu Cultivating Tenants Protection and Payment of Fair Rent (Amendment) Act, 1961, is first published in the Fort St. George Gazette] [Added by section 2(ii)(a) of the Tamil Nadu Cultivating Tenants Protection and Payment of Fair Rent (Extension to Kanyakumari District) Act 1972 (Tamil Nadu Act 4 of 1976).][Explanation II. - In relation to the added territories, the expression 'rent accrued due subsequent to the 31st March 1954' occurring in sub-clause (i) of clause (a) of this sub-section shall be construed as referring to rent accrued due during a period of one month before the date on which the Tamil Nadu Cultivating Tenants Protection and Payment of Fair Rent (Extension to Added Territories) Act, 1963 is first published in the Fort St. George Gazette.] [The Explanation to sub-section (3) of section 3 was numbered as Explanation 1 and Explanation II was added by section 3(iii)(b) of the Tamil Nadu Cultivating Tenants Protection and Payment of Fair Rent (Extension to Added Territories) Act, 1963 (Tamil Nadu Act 33 of 1963).][Explanation III. - In relation to the Kanyakumari district, the expression rent accrued due subject to the 31st March 1954' occurring in sub-clause .(i) of clause (a) of this of this sub-section shall be construed as referring to rent accrued due during a period of one month before the date on which the [Tamil Nadu] [This Explanation was added by sect ion 2(ii)(b) of the Tamil Nadu Cultivating Tenants Protection and Payment of Fair Rent (Extension to Kanyakumari District Act, 1972 (Tamil Nadu Act 4 of 1976).] Cultivating Tenants, Protection and Payment of Fair Rent (Extension to Kanyakumari district) Act, 1972, is first published in the Tamil Nadu Government Gazette].