MT Act 41Chapter VI · Miscellaneous

Section 41 · Limitation for suits for restoration under sections 24 and 26

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(1)

(a)

A suit for restoration under sub-section (1) of section 24 or under sub-section (1) of section 26 shall be instituted within one year from the date of the transfer by the landlord, or from the expiry of the first agricultural year in which the landlord fails, without reasonable excuse, to use the major portion of the lands for the purpose for which eviction was obtained, as the case may be.

(b)

A suit for restoration under sub-section (2) of section 24 or under subsection (2) of section 26 shall be instituted within one year from the date of the transfer by the landlord if the suit is based on that ground and within one year from the expiry of three years after the eviction in other cases.

(2)

Persons entitled to restoration. - If there are intermediaries between the landlord who has obtained the eviction and the person who cultivates the land, all persons whose interests in the holding are terminated by the eviction, shall be entitled to be restored to the respective interest they had at the time of the eviction as if there had been no eviction, and, in case any one of them does not claim restoration, the tenant next below him shall be entitled to claim such restoration and hold the land,

(a)

on the terms on which the person not claiming the land held it, if he and the claimant belonged to the same class, or

(b)

on the terms on which the claimant held it if he and the person who did not claim the land belonged to different classes: Provided always that if the landlord obtaining eviction had paid any value for improvements to anyone whose interests were so terminated, the person claiming restoration shall, before such restoration is effected, be bound to return to the landlord the value so paid in respect of the improvements existing at the time of the restoration together with the kanartham, if any, and also the value of the improvements, if any, effected bona fide by the landlord between the date of eviction and the date of suit.
Explanation. - For the purpose of this section, a kanamdar, an intermediary in respect of a kanam-kuzhikanam or kuzhikanam, a cultivating kanam-kuzhikanamdar or a cultivating kuzhikanamdar, a verumpattamdar and a customary verumpattamdar, belong each to a different class. A cultivating kanamdar, a non-cultivating kanamdar and a kanamdar imder a kanamdar belong to the same class, and a cultivating verumpattamdar and a non-cultivating verumpattamdar belong to the same class.Illustration. - If A is the janmi, B and C are kanamdar and sub-kanamdar and D verumpattamdar cultivating the land, if, A the janmi exercises his power to take the land for his own. use and then inducts some other tenant into it within six years, B shall be entitled to claim as against A to be restored to his previous rights. But on B getting such restoration, C shall be entitled to claim as against B to step in as sub-kanamdar, and D shall be entitled to claim the verumpattamdar's rights as against C. If, however, B does not want to claim restoration, C shall be entitled to claim as against A to be put in the position of B the kanamdar, and D shall be entitled to claim as against C to be treated as his cultivating verumpattamdar. If both B and C do not claim restoration, D shall be entitled to claim as against A to be a verumpattamdar on the terms on which he held the land under C.

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