Landlords not to evict cultivating tenants

(1) Subject to the next succeeding sub-sections, no cultivating tenant shall be evicted from his holdings or any part thereof, [……..] by or at the instance of his landlord, whether in execution of a degree or order of a Court or otherwise. (2) Subject to the next succeeding sub-section, sub-section (1) shall not apply to a cultivating tenant- (a) who, in the areas where the Tanjore Tenants and Pannaiyal Protection Act, 1952 (Tamil Nadu Act XIV of 1952), was in force immediately before the date of coming into force of the Tamil Nadu Cultivating Tenants Protection (Amendment) Act, 1956, if in arrear at the commencement of this Act, with respect to the rent payable to the landlord does not pay such rent within six weeks after such commencement or who in respect of rent payable to the landlord after the commencement of this Act, does not pay such rent within a month after such rent becomes due; or (aa) who, in the other areas of the State of Tamil Nadu, if in arrear at the commencement of this Act, with respect to the rent payable to the landlord and accrued due subsequent to the 31st March, 1954, does not pay such rent within a month after such commencement or who in respect of rent payable to the landlord after such commencement, does not pay such rent within a month after such rent becomes due; or (b) who has done any act or has been guilty of any negligence which is destructive of, or injurious to, the land or any crop thereon or has altogether ceased to cultivate the land; or (c) who has used the land for any purpose not being an agricultural or horticultural purpose; or (d) who has willfully denied the title of the landlord to the land. Explanation I: A denial of the landlord's title under a bona fide mistake of fact is not willful within the meaning of this clause. Explanation II : The expression 'commencement of this Act' wherever it occurs in this Act, shall be construed as referring— (a) In relation to areas where the Tanjore Tenants and Pannaiyal Protection Act, 1952 (Tamil Nadu Act XIV of 1952), was in force immediately before the date of coming into force of the Tamil Nadu Cultivating Tenants Protection (Amendment) Act, 1956 (Tamil Nadu Act XIV of 1956), to the date aforesaid, and (b) In relation to persons who became cultivating tenant by virtue of the Tamil Nadu Cultivating Tenants Protection (Amendment) Ordinance, 1958, to the date of the commencement of that Ordinance. Explanation III: In relation to the added territories, clause (aa) of this sub-section shall have effect as if the following clause had been substituted, namely:- "(aa) who, if in arrear on the date on which the Tamil Nadu Cultivating Tenants Projection and Payment of Fair Rent (Extension to Added Territories) Act, 1963, is first published in the Fort St.George Gazette, with respect to the rent payable to the landlord and accrued due during a period of one month before such date does not pay such rent within a month after such date, or who in respect of rent payable to the landlord after such date, does not pay such rent within a month after such rent becomes due, or" Explanation IV: In relation to the Kanyakumari district, clause (aa) of this sub-section shall have effect as if the following clause had been substituted, namely:- "(aa) who, if in arrear on the date on which the Tamil Nadu Cultivating Tenants Protection and Payment of Fair Rent (Extension to Kanyakumari District) Act, 1972, is first published in the Tamil Nadu Government Gazette, with respect to the rent payable to the landlord and accrued due during a period of one month before such date does not pay such rent within a month after such date, or who in respect of rent payable to the landlord after such date, does not pay such rent within a month after such rent becomes due; or": (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.—In relation to the Shencottah taluk of the Tiruneveli 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. 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. Explanation III.—In relation to the Kanyakumari district, 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 Kanyakumari District) Act, 1972 is first published in the Tamil Nadu Government Gazette. (4) (a) Every landlord seeking to evict a cultivating tenant falling under sub-section (2) shall, whether or not there is an order or decree of a Court for the eviction of such cultivating tenant, make an application to the Revenue Divisional Officer and such application shall bear a Court-fee stamp of Rs. 1. (b) On receipt of such application, the Revenue Divisional Officer shall, after giving a reasonable opportunity to the landlord and the cultivating tenant to make their representations, hold a summary enquiry into the matter and pass an order either allowing the application or dismissing it and in a case falling under clause (a) or clause (aa) of sub-section (2) in which the tenant had not availed of the provisions contained in sub-section (3), the Revenue Divisional Officer may allow the cultivating tenant such time as he considers just and reasonable having regard to the relative circumstances of the landlord and the cultivating tenant for depositing the arrears of rent payable under this Act inclusive of such costs as he may direct. If the cultivating tenant deposits the sum as directed, he shall be deemed to have paid the rent under sub-section (3) (b). If the cultivating tenant fails to deposit the sum as directed, the Revenue Divisional Officer shall pass an order for eviction; Provided that the Revenue Divisional Officer shall not direct the cultivating tenant to deposit such arrears of rent as have become time barred under any law of limitation for the time being in force.