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46 * tenant^ and Ryots Protection [I949 TeN. Act XXIV


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'VAMII, NADU AOT NO. W V OB 1949L ,

[THE '[TAMILNmu] TENANTSAM) RVOTSP R O T I B ~ O N


ACT, 1949.1 ,
{qeceived the assent of the Governor-General on the 8th
December 194*9: first published in the Fort St George
Gazette on the 13th December 1949.)

An Act to provide lor the temporary protection of


certain classes of tenants and ryots in tile qState of
T d Nadu] .
WHEREAS
it is aecesmr y. pending further legisGion,to
provide for the temporary protect ion against eviction
- q- * * *oftenants of private knds in estates governed
by the '[Tamil Nadu]Estates Land. Act, 1908; and agdnst
sale o f t h e holdings of ![ * * ] ryotsin such
estates and to provide for the stay of suits and

4 Tha word$ "af tenants to whom the MaIabar


1929, applies and" and "such tenants and of", wer
@lause3 of, ''and the SchMe to, the Madras
Laa* cbw*ISS,

r
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. -.

commencement
and,duration.

b
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)i
It,

J: . *
D'fidtiion* 2.InthisActunle3sthereisanythingrepugnantilthe
subject or context-
'i'#
i
:'ti (a) the expxessitms .estate9, $holdin
$I"
'rent' and 'ryot' shall in. relation to est
the '[Tamil Nadu] Estates M u J Act, 73
mzanings
-. respectively as in t hzt Act ;
...
-2 [(b) " * * J
(c) the expression 'landlord' shall mean-
(i) in relation to estates governedrby the l[Tarnil
* Nadu] Estates Land Act, 1908, 61andholder', as defined
in that Act 2 3[ ];
I 3 [(ii) * Jc
-a
* -,

R~otsand 3. Duringthccontinuance~fthi~A~tand~~bje~tt~the
tenants not provisions of sections 4 and 5-
to be ovicted*
(a) 4[ ***
] no tew.nt of any private land in an
estate shall be li2.ble to be evicted by his landlord in pur$u0
ancc of a decree or order for eviction; and
(b) no holding of a '[* * ] ryot sw 11be lisble to be
sold or brought to sale in pursuance of a deoree, order, or
other proceeding for recovery of rent.
of suits
&ay 4. (1) suits, proceedings in execution of decrees ot
andp-lngsorders
far eviction of and 0th-r procding+-
m u (a) fdr rh: rvicrion of r - r ~ r : i f--,ra th;;ir q* * ]
I- f * ] cr i3 -5i~ti a chim Pfi iuch ~ietimis
jnmkd, wfis;h?r in ad;lition co a claim far rcnt or nof, or
, -
These words were substituted for the word "MadrasY'
Tamil ~ a Adapation
~ u of Laws Order, 1969, as amended
Tamil Nadu Adapt arion of Laws (Second Amendment) Order
2 Clause (b) was omitted by clause 3 of, and the Schedule
Madras Adaptation of Laws Order, 1957.
8 The word "and" &wing at the end of su
clause (ii) were omitted by ibid..
4 The words "no tenant in tSe district of. P(
- omitted by ibtd. - - .
.. 6 Tho wa -ds "tenant or" were omitted by fb
. ,

.
" .
3
6 The words *#hoIdiqpor", and "as the case
#omitted
r

by.fbid.
I

~. -..-9 i
_
--'*-- --.. -- --"-. *
-. . ,..
.rw
.-
- 1

' . - -
*'
,*
-' 7- . .... " - . . .. . - i

1,'

45
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49 : 'P.N. ~ c XXIV]
t Tenants and 49 %

Ryots Protection
(b) in which the sale of thdolding of a 112' *
for reaovery of rent i s claimed

oceeding, or of a proweding in execution of a decree


order for eviction, where the d~crzeor order provides
the payment of rent-.

1
-
The words "tenant or", were omitted by clause (3) of, and
the Schedule to, the Madras Adaptation of Laws Order, 1957.

arhcse words were substituted for the words ''an amount


uivalent t:, rent for two years'' by section 3 (i) (b), ibid.
4These subsections were inserted by 3ection 3 (ii), ihfd. I

-
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Tenants and Ryots [ 1949: EN. Act


Protection
] ryot shall deposit in Court for
, within two m onths from such
(a) the amount clsimed in the suit or pr
amaunt payabla under the. decree or order, o
a ' for two years immediately preceding such co
qhicbever is letis, or

I
r payment t
from the date on wh
:is,served on him by
&ty of the Court),
proceeding or the P . ~ O U I I ~
order, or (b) the rent for tw
.date aforesaid, which
4;
I
, - interest 8s inay be ~ 8 . ble
~2
, I
111 4
,up to the date of depo
t I.; ,
y,
15
IJ (2-B) Wherc, before the institution of any suit .or
il.q proceedingo f the description referred to in sub-section (I),
I,lt +

Jj, a tenant or ryot k2.s pplid to the l ~ t ~ d l o ror


d deposited in
:" Court for payment to him, fin mount equivalent to the
jfi
rent for two yearn immediately preceding the date of pay-
merit or deposit or to the rent due up to such date, which-
I t

;
?, ever is less, together with .such illteres. as ITXIY be paya-
ble up to such dm
- and has continued
a
N .
{

year's rent, within a


i:
fit on which it pccr?zed
-> '
ft liable to make tfaF: de
i
or sub-section ( 2 - ~ . ) ]
1"
(3) NL2t\virh n n d i n g the expiry of the ,pdod sm-
fid in qsubs.::i.\~ (1)cr @,%I]ths Gurt my, ifst&.
'
&3-I rh:=t 4[r he isr r nr or ryvtl W s p;evzmtd by a s d e n t
cause&urn m.k<,in$~ hdepsir t wkhin the period @fweg&JS
allow t?tc t l c ~ s i r:o h2XlX.de within ajmfi& ~ i c rct
d
--CC

tThc s * ~ ~ T & '*teaat o f s ule~eomitted by elsuse 3 of, tk


Schedule to t3e I\tad=s Adsptatioa of Laras M e r , 1957.
SThc wtuits "tmsnt or" ~ c r o&ted t bF iP id,
sTh- \v~?N~s.bri~dcts,tigum and letter we* sumhtd
-
the word, br:lcliets and fime 'Subsection (2)" by section 3 (jii) fuf
of the Madras Tenan:s and Ryots Protection (.bzndment)
1950 (Madras Act VIII of 1950).
4These words were substitu
section 3 (iii) (61, ibid.
- v
- -

-$s
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Tena~tsandRyofs 51
Prct ection

fDub-sections (2),
y dle talant or ryot
ikely to be affected

or proceeding was stayed.

existence of the arrears


or tbe amount thereof, the Coilrt may-
refuse to pay to tbe-landbrdthe whole of the
ited or, as the case may be, the portion
is in dispute ; Or

s it thinks fit.

letters u ere substituted for


ons (2) a ~d(4)" by section 3
otection (Amendment) Act,

ection (2) or sub*section


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52 penants &d Ryots fi1949: T.N. Act X X ~


Protection
- (8) The provisions of sub-sections (2) to (7) shall -
apply mutatis mutmdis to 'all proceedings pending k the ,

commencement of this Act or instituted thereitw, in


any Court of appeal or revision.

6. All suits and proceedi


of suits and shall, after the expiration of
Continua~ce
pm,edj,,ps subject to the provisions of a
after the force, from the stage which
!'
expiration suit or proceeding was stayed :
of the.Act.
<, 1
t i
Provided that, in the case of a suit instituted affw the
i 1 commencement of this Act, the Court may, if satisfied-that
4
(!;
i
I < such suit i s vexatious ox unnecessary, deprive the plaintiff
,

;i r .
of his costs and avyard costs to the defendant. .. -
53 t
1
I
Lg ;
+I,ti,. - -, .Power to 7. If any difficulty arise
1 J
visions of tllis Act, the
I1 i
difficulties. occasion may arise, by_ or
to them necessary for $be p

. ' (a) under any p


Ryots Protection .Act,
in section 9 referred
immediately before th

$; 11 3
was inforce at @e relevant time, or

4
4'- , ,
I
L '
d4 .
rk!
ti,
A,
!.

--- - -

>A . . .
.'
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-- --

Tenants cuul Ryots 53'


Protectiovl

) Any liability or penalty incurred or purporting


been incurred, and any application made or pur-
g to have been made-.'
(a) under any provision of the said Act before
th October 1948, or

Indemnity
for Acts, etc.,
done after
expiry of
Madras Act
XVII of 1946.

(b) for carrying oui any decision given by any,


or cther authority in exercise of any such juris-
or power as aforesaid.

Sub-sections (1)zmd (2) shall have effect although


Act was no-:or might not have bean in force a$the

The Madrac. Thnants and Ryots Protection Act, Repeal


and the Madras Tenants aud Ryots Protection

'' Provincial" by tho


n of Laws Order, 1950,