Application to Court directing the landlord to sell land

(1)[(b)(i)] Any tenant who is entitled to compensation under section 3 and against whom a suit in ejectment has been instituted or proceeding under section 41 of the Presidency Small Cause Courts Act, 1882 (Central Act XV of 1882) has been taken by the landlord or whether or not such suit or proceeding is pending on the date of the publication of the Madras City Tenants' Protection (Amendment) Act, 1973 apply to the court (whether or not a suit for ejectment has been instituted or proceeding under section 41 of the Presidency Small Cause Courts Act, 1882 (Central Act XV of 1887) has been taken by the landlord or whether or not such suit or proceeding is pending) having jurisdiction to entertain a suit for ejectment or in the City of Madras either to such Court or to the Presidency Small Cause Court, for an order that the landlord under the tenancy agreement shall be directed to sell for a price to be fixed by the court the whole or part of the extent of land specified in the application. (b) On such application, the court shall first decide the minimum extent of the land which may be necessary for the convenient enjoyment by the tenant. The court shall then fix the price of the minimum extent of the land decided as aforesaid, or of the extent of the land specified in the application under clause (a), whichever is less. The price aforesaid shall be the average market value of the three years immediately preceding the date of the order. The court shall order that within a period to be determined by the court, not being less than three months and not more than three years from the date of the order, the tenant shall pay into court or otherwise as directed the price so fixed in one or more instalments with or without interest. (2) In default of payment by the tenant of any one instalment, the application under clause (a) of sub-section (1) shall stand dismissed, provided that on sufficient cause being shown, the court may excuse the delay and pass such orders as it may think fit, but not so as to extend the time for payment beyond the three years above mentioned. On the application being dismissed, the court shall order the amount of the instalment or instalments, if any, paid by the tenant to be repaid to him without any interest. (3) (a) On payment of the price fixed under clause (b) of sub-section (1), the court shall pass an order directing the conveyance by the landlord to the tenant. (1) (a) Any tenant who is entitled to apply under section 3, may at any time within one month after the service on him of any such notice as is referred to in section 11, or of any summons in a suit for ejectment, apply to the court for an order that the landlord under the tenancy agreement shall be directed to sell for a price to be fixed by the court the whole or part of the extent of land specified in the application. (b) On such application, the court shall first decide the minimum extent of the land which may be necessary for the convenient enjoyment by the tenant. The court shall then fix the price of the minimum extent of the land decided as aforesaid, or of the extent of the land specified in the application under clause (a), whichever is less. The price aforesaid shall be the average market value of the three years immediately preceding the date of the order. The court shall order that within a period to be determined by the court, not being less than three months and not more than three years from the date of the order, the tenant shall pay into court or otherwise as directed the price so fixed in one or more instalments with or without interest. (2) In default of payment by the tenant of any one instalment, the application under clause (a) of sub-section (1) shall stand dismissed, provided that on sufficient cause being shown, the court may excuse the delay and pass such orders as it may think fit, but not so as to extend the time for payment beyond the three years above mentioned. On the application being dismissed, the court shall order the amount of the instalment or instalments, if any, paid by the tenant to be repaid to him without any interest. (3) (a) On payment of the price fixed under clause (b) of sub-section (1), the court shall pass an order directing the conveyance by the landlord to the tenant of the extent of land for which the said price was fixed. The court shall by the same order direct the tenant to put the landlord into possession of the remaining extent of the land, if any. The stamp duty and registration fee in respect of such conveyance shall be borne by the tenant. (b) On the order referred to in clause (a) being made, the suit or proceeding shall stand dismissed, and any decree or order in ejectment that may have been passed therein but which has not been executed shall be vacated. Explanation.—'Land' means the interest of the landlord in the land and all other interests which he can convey under any power and includes also the full interest which a trustee can convey under the power possessed by him to convey trust property when necessity exists for the same or the alienation of the property is for the benefit of the estate or trust. (4A) Notwithstanding anything contained in clause (b) of sub-section (3) of this section or in section 3 of the Madras City Tenants' Protection (Amendment) Act, 1972 (Tamil Nadu Act 4 of 1972), or any other law for the time being in force, the court which passed the decree or order referred to in sub-clause (ii) (6) (2) of clause (4) of section 2, shall, on application made by the tenant referred to in that sub-clause within a period of two months from the time of the publication of the Madras City Tenants' Protection (Amendment) Act, 1972, review the proceedings relating to such decree or order and may pass a decree or an order that the tenant referred to in the said sub-clause, is entitled to the rights under this Act and pass such other supplemental, incidental or consequential orders as are necessary for the purpose as if the Madras City Tenants' Protection (Amendment) Act, 1972, were in force at the time at which the decree or order was passed. Anything done or any action taken (including any suit or proceeding instituted, decision or direction given, decree or order passed and any rights enjoyed or liability incurred) under the provisions of the principal Act on or after the 9th January, 1974 and before the date of the publication of this Act in the Tamil Nadu Government Gazette, on the footing that the principal Act was in force at the relevant time in the townships of Kodai-kanal, Avadi, Kathivakkam, Ambattur, Madhavaram, Bhavanisagar, Courtallam and Mettur shall be deemed to have been done or taken under the provisions of the principal Act, as amended by this Act, as if this Act had been in force at the relevant time. Anything done or any suit or proceeding instituted or any decree or order passed and any act or thing done or liability incurred under the provisions of the principal Act, on or after the 9th January 1974 and before the publication of this Act in the Tamil Nadu Government Gazette, on the footing that this Act was in force in the townships of Kodaikanal, Avadi, Kathiwakkam, Ambattur, Madhavaram, Bhavanisagar, Courtallam and Mettur, shall be deemed to have been done or taken under the provisions of the principal Act, as amended by this Act, as if this Act had been in force at the relevant time.