Section 5 in Tamil Nadu Cultivating Tenants Arrears of Rent (Relief) Act, 1980
5. [Payment or deposit of rent on or after 12th February 1973 deemed to be payment towards rent for fasli year 1381, rent for fasli year 1382 or reduced rent. [Substituted by the Tamil Nadu Cultivating Tenants Arrears of Rent (Relief) Act, 1980 (Tamil Nadu Act 37 of 1980).]
(1)If, on or after the 12th February 1973, any cultivating tenant has,-(i)made any payment, by way of rent, to the landlord; or(ii)deposited, by way of rent, in the Court or before the competent authority, to the account of the landlord,whether or not such payment or deposit was towards the discharge of any arrears of rent payable by a cultivating tenant to the landlord for the fasli year ending with the 30th June 1976 and for any previous fasli year, such payment or deposit shall be deemed to have been made towards the instalments, of the rent for the fasli year 1381, the rent for the fasli year 1382 or the reduced rent in the order specified in sub-sections (2) and (4) of section 4, notwithstanding anything to the contrary contained in any document or receipt, and in cases of payment through, or deposit before, the Court or the competent authority, it shall, on the application of the cultivating tenant, reopen the proceeding and pass an order that the rent so paid or deposited shall be deemed to have been paid or deposited towards the instalments, of the rent for the fasli year 1381, the rent for the fasli year 1382 or the reduced rent, in the order specified in the said sub-sections (2) and (4) of section 4.(2)If, on or after the 12th February 1973, any cultivating tenant has paid or deposited any amount towards full or part satisfaction of a decree or order for the recovery of any arrears of rent referred to in sub-section (1), such amount shall be deemed to have been paid or deposited towards the instalments, of the rent for the fasli year 1381, the rent for the fasli year 1382 or the reduced rent and the Court or the competent authority shall, on the application of any person affected by such decree or order, whether or not he was a party thereto, reopen the proceeding and pass an order that the amount so paid or deposited shall be deemed to have been paid or deposited towards the installments of the rent for the fasli year 1381, the rent for the fasli year 1382 or the reduced rent in the order specified in sub-sections (2) and (4) of section 4.Explanation. - For the removal of doubts, it is hereby declared that where after adjustment of any payment to the landlord or deposit in the Court or before the competent authority, to the account of the landlord made by the cultivating tenant under this section, such payment or deposit falls short of the rent for the fasli year 1381, the rent for the fasli year 1382 or the reduced rent payable under sub-sections (1) and (3) of section 4, the cultivating tenant shall be liable to pay the balance of the rent for the fasli year 1381, the rent for the fasli year 1382 or the reduced rent in accordance with the provisions of sub-sections (2) and (4) of section 4:Provided that the provisions of this section shall not apply to-(i)any payment made to the landlord; or(ii)any deposit made in the Court or before the competent authority to the account of the landlord,by the cultivating tenant by way of rent for the fasli year commencing on the 1st July 1976 and for any subsequent fasli year.(3)Nothing in this section or in any other provision of this Act shall entitle any cultivating tenant to claim any refund from the landlord on the ground that the payment or deposit made on or after the 12th February 1973 towards the discharge of any arrears of rent referred to in sub-section (1) or towards full or part satisfaction of a decree or order for the recovery of any such arrears of rent, is in excess of the rent due as the rent for the fasli year 1381, the rent for the fasli year 1382 or the reduced rent.]
