Discharge of arrears of rent

(1) Notwithstanding anything to the contrary contained in any other law for the time being in force or in any contract, or in any decree or order of court, all arrears of rent accrued due from a tenant during the period and outstanding on the date specified in column (2) below, shall be deemed to be fully discharged by payment to the landlord, or deposit in court for payment to the landlord, of the amount referred to in the corresponding entry in column (3), together with interest at the rate of six per cent per annum, within the period specified in column (4): [Table: (i) All arrears outstanding on 11-4-1957; Fifty per cent of such arrears, provided that the amount payable shall not be less than an amount equal to one year's rent or the actual amount in arrears, whichever is less, and shall not be more than an amount equal to three years' rent; 3 months from the commencement of this Act. (ii) Arrears of rent accrued due on or after 11-4-1957 and outstanding on 15-2-1961; Seventy-five per cent of such arrears; 3 months from the commencement of this Act. (iii) Arrears of rent accrued due on or after 15-2-1961 and outstanding at the commencement of this Act; Seventy-five per cent of the contract rent or, where fair rent has been fixed under any law in force immediately before 15-2-1961, at the rate of such fair rent; 6 months from the commencement of this Act.] Provided that where an intermediary has collected rent in excess of the amount payable under this sub-section for any period and has not paid the same to his landlord, he shall be liable to pay such excess also to his landlord. Explanation.—For the purposes of this sub-section, arrears of rent due from a varamdar shall be calculated on the basis of the average of the share of the landlord in the produce for the three years immediately preceding the commencement of this Act or, where a varamdar was not cultivating the land continuously for the said period of three years, the share of the landlord for the year in which the varamdar cultivated the land last immediately before the commencement of this Act. (2) Where a tenant has paid or deposited under section 6 of the Kerala Tenants and Kudikidappukars Protection Act, 1963, before the commencement of this Act, any amount towards the arrears of rent referred to in item (i), item (ii) or item (iii) of sub-section (1), such amount shall be deducted from the amount to be paid or deposited under that item, and it shall be sufficient if the tenant pays or deposits the balance, if any, after such deduction, and where the amount so paid or deposited exceeds the amount to be paid or deposited under sub-section (1) for the discharge of the arrears, the excess shall be adjusted towards the rent accrued due thereafter. (3) Notice of any deposit made under sub-section (1) shall be given to the landlord by the court, and the cost of the notice shall be paid by the tenant so depositing the rent, and the landlord shall be at liberty to withdraw such amount under the orders of the court. (4) Where the rent is payable in kind, the amount to be paid or deposited under sub-section (1) shall be computed at the market rate of the commodity prevailing on the date on which the rent became payable under the contract of tenancy or under any law or under any custom or usage. (5) Where any amount deposited under sub-section (1) is found to be less than the amount to be deposited under that sub-section computed in the manner specified in sub-section (4) due to bona fide error in the computation, the court may allow the person who has deposited the amount, reasonable time for depositing the balance amount, and, where the balance amount is deposited within the time so allowed, the person who has so deposited shall be deemed to have deposited the amount within the time allowed under sub-section (1). (6) Where a tenant fails to make the payment or deposit as required under item (i), item (ii) or item (iii) of sub-section (1) within the period specified therefor, the tenant shall forfeit the benefits conferred by that sub-section in so far as it relates to the arrears of rent specified in that item, and he shall be liable to pay the entire arrears lawfully recoverable for the period to which such arrears relate. (7) Notwithstanding anything contained in this section, a tenant who has paid the amount as provided in section 34 of the Kerala Agrarian Relations Act, 1960, or in section 5 of the Kerala Ryotwari Tenants and Kudikidappukars Protection Act, 1962, for the discharge of arrears of rent outstanding on the 11th April, 1957, or the arrears of rent accrued due after the 11th April, 1957 and outstanding on the 15th February, 1961, on or before the date specified in those Acts for the payment of the amount, shall not be liable to pay any amount towards arrears of rent for that period. (8) The assignment by a landlord of his right to receive arrears of rent to any other person shall not affect the rights of the tenant under this section for the discharge of arrears of rent.