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Madras Presidency - Section

Section 71 in Madras Estates Land Act, 1908

71. Payment or refund of deposit.

(1)The [Collector] [This word was substituted for the words 'Collector or other officer' by section 3(2) of the Madras Estates Land (Amend.) Act, 1934 (Madras Act VIII of 1934).] may pay the amount of the deposit to any person appearing to him to be entitled to the same, or may, if he thinks fit, and shall, if deposit has been made under clause (c) of sub-section (1) of section 68, and there has been no joint application for payment by the disputing parties, retain the amount pending the decision of the Civil Court as to the person so entitled:[Provided that no order for payment shall be made within fifteen days from the date on which the notification referred to in section 70 was affixed in the office of the Collector receiving the deposit.] [The proviso was added by section 47 by the Madras Estates Land (Amend.) Act, 1934 (Madras Act VIII of 1934).]
(2)The payment less the money-order commission may be made by postal money-order under such rules as the [State Government] [The words 'Provincial Government' were substituted for the words 'Local Government' by the Adaptation Order of 1937 and the word 'State' was substituted for 'Provincial' by the Adaptation Order of 1950.] may prescribe.
(3)If no payment is made under this section before the expiration of three years from the date on which a deposit is made, the amount deposited may, in the absence of any order of a competent Court to the contrary, be repaid to the depositor upon his application and on his returning the receipt given by the [Collector] [This word was substituted for the words 'Collector or other officer' by section 3(2) of the Madras Estates Land (Amendment) Act, 1934 (Madras Act VIII of 1934).] with whom the rent was deposited or on his producing such other evidence of his having made the deposit as the Collector may consider sufficient.Nothing in this section shall prevent any person entitled to receive the amount of any such deposit from recovering the same by suit in a Civil Court from a person to whom it has been paid under this section.