The Tamil Nadu Cultivating Tenants (Protection From Eviction) Act, 1989
The Tamil Nadu Cultivating Tenants (Protection From Eviction) Act, 1989, Act 41 of 1989, published in the Tamil Nadu Government Gazette Extraordinary after receiving the assent of the President on 24 November 1989, temporarily protects cultivating tenants in Tamil Nadu from eviction for rent arrears. It stops fresh eviction action on that ground, stays pending cases and execution proceedings, and lets some tenants evicted between 1 October 1986 and the date of publication apply to be restored to possession.
What this Act does
The Tamil Nadu Cultivating Tenants (Protection From Eviction) Act, 1989, Act 41 of 1989, is a temporary law for the whole of Tamil Nadu. Its purpose is to protect cultivating tenants from eviction when the reason is that they are in arrears of rent payable to a landlord or a public trust.
The Act says it is deemed to have come into force on 1 January 1989 and would remain in force up to and inclusive of the 31st day mentioned in the text.
Who it affects
This Act affects:
- cultivating tenants covered by the Tamil Nadu Cultivating Tenants Protection Act, 1955
- cultivating tenants covered by the Tamil Nadu Public Trusts (Regulation of Administration of Agricultural Lands) Act, 1951
- landlords
- public trusts
- Revenue Divisional Officers, authorised officers, courts and other authorities handling eviction matters
Main protections
During the period when the Tamil Nadu Cultivating Tenants (Protection From Eviction) Act, 1989, Act 41 of 1989, continues in force:
- no application can be made under the Tamil Nadu Cultivating Tenants Protection Act, 1955, or under Chapter III of the Tamil Nadu Public Trusts (Regulation of Administration of Agricultural Lands) Act, 1951, to evict a cultivating tenant for rent arrears
- no cultivating tenant can be evicted on that ground, whether through a court decree or order or otherwise
- for sections 3, 4 and 7, "rent" means rent that became due on or before 20 February 1989
Pending cases and time limits
The Tamil Nadu Cultivating Tenants (Protection From Eviction) Act, 1989, Act 41 of 1989, stays all pending applications, suits, execution proceedings and other proceedings for eviction on the ground of rent arrears before a Revenue Divisional Officer, authorised officer, court or other authority.
It also says that, when calculating limitation or time limits for eviction suits, applications or execution, the period during which eviction was barred by sections 3 and 4 must be excluded.
After the Act expires, stayed matters can continue from the stage at which they were stayed, subject to the law then in force.
Restoration of possession
A cultivating tenant evicted from land on or after 1 October 1986, but before publication of the Act in the Tamil Nadu Government Gazette, on the ground of rent arrears, can apply to the Revenue Divisional Officer or authorised officer to be restored to possession.
Key points are:
- the application must be made within three months after publication in the Tamil Nadu Government Gazette
- a delayed application may still be received before the Act expires if there was sufficient cause
- if restored, the tenant holds the land with all rights and liabilities of a cultivating tenant under the relevant law
Effect over other laws
The Tamil Nadu Cultivating Tenants (Protection From Eviction) Act, 1989, Act 41 of 1989, overrides inconsistent provisions in the listed tenancy relief and special provisions laws, the Code of Civil Procedure, 1908, and any other law, custom, usage, contract, decree or order.
This summary is generated from the source document to help you find what is relevant. The PDF above is authoritative. For advice on your own property, use LandLens One or speak to a qualified professional.
Common questions
Can a landlord evict a cultivating tenant for rent arrears during this Act's operation?
No. The Tamil Nadu Cultivating Tenants (Protection From Eviction) Act, 1989, Act 41 of 1989, bars eviction on the ground that the cultivating tenant is in arrears of rent, and also bars fresh applications for such eviction.
What happens to eviction cases already pending for rent arrears?
Pending applications, suits, execution proceedings and other proceedings for eviction on that ground must stand stayed. After the Act expires, they may continue from the stage where they were stayed, subject to the law then in force.
If a cultivating tenant was already evicted before publication, can they get the land back?
Yes, if the tenant was evicted on or after 1 October 1986 but before publication in the Tamil Nadu Government Gazette, and the eviction was on the ground of rent arrears. The tenant may apply to the Revenue Divisional Officer or authorised officer within three months after publication, and a delayed application may be accepted before expiry of the Act if there was sufficient cause.
Does this Act apply only to private landlords, or also to public trust lands?
It applies to both. The text covers rent payable to a landlord or to a public trust, and refers to both the Tamil Nadu Cultivating Tenants Protection Act, 1955, and the Tamil Nadu Public Trusts (Regulation of Administration of Agricultural Lands) Act, 1951.
