Tenant's right to sue for restoration of possession of land in certain cases

Tenant's right to sue for restoration of possession of land in certain cases

1. (1) In any case in which eviction has been obtained on the ground specified in clause (5) of section 23, subject to the provisions of section 41, if in any one of the six agricultural years following such eviction, the landlord, who has obtained such eviction, fails without reasonable excuse to use the major portion of the lands, for the purpose for which such eviction was obtained, or transfers any of the lands to any person on any kind of lease or mortgage with possession or on kanam, kanam-kuzhikanam, kuzhikanam or verumpattam, the cultivating verumpattamdar shall, subject to the provisions of section 41, be entitled to sue for the restoration to him of the possession of all the lands from which he was evicted and to hold them with all the rights and subject to all the liabilities of a cultivating verumpattamdar.
2. (2) In any case in which eviction has been obtained on the ground specified in clause (6) or clause (7) of section 23, if within three years of such eviction, the landlord fails to construct the building or to extend the temple, mosque, church or other place of public religious worship for the construction or extension of which the eviction was obtained, or transfers any of the lands from which the tenant was so evicted to any person on any kind of lease or mortgage with possession, or on kanam, kanam-kuzhikanam, kuzhikanam or verumpattam, the cultivating verumpattamdar shall, subject to the provisions of section 41, be entitled to sue for the restoration to him of the possession of all the lands from which he was evicted and hold them with all the rights and subject to all the liabilities of a cultivating verumpattamdar.
3. (3) In any suit in which eviction is claimed on the ground specified in clause (3) of section 23, if the tenant deposits in court, for payment to the plaintiff in the suit
   • (i) the amount of the rent due with interest thereon at five and a half per cent per annum upto the date of deposit, and (ii) the costs of the plaintiff up to that date, the court shall dismiss the suit.