wsa cornprieed in the Mslsbar dietriot" — I900 : T.N. Act1

1966 wsa cornprieed in the Mslsbar dietriot" " y were rubatituted p for the words " the Malabar dietriot snd certain neighbourty " ' oe wods e bdeosd ceegbouy uese in the State of Madras " by th7'Madxaa Adaptetio? of Lawr Ordey. 1?!7 l and for the expreaaion State of Msdru . tb tbs a. y presslon State of Tamil N.duS* ass aubatituted by the Td ttif LOd1970hih desmbd to hre p State of Tamil N.duS ass aubatituted by the Td Nedu Adeptation of Laws Order, 1970. which WM desmbd to h.re ihJ p aome into force on the 14th January 1969. ,' to the territory whioh immediately before the lab day of November 1966 was oomprised in the Malabm listriot] ; It is hereby eneoted as follows :- '[I. Thiu Aot my be oalled the &labar Compen- shm vtle. sation for Tenants Improvements Aot, 1899.1 [Re~eal of Act I of 1887.1 Rep. by the Repealing md Amding Act, 1901 (Central dct XI of 1901). In this Aot, unless there is something repugnant Intarprr*tiain enbject or oonted,rlaWJ0. " hnant," with its grammatical variations lqe-rsv. mil eo<mate expressions, includea a person who as lassee, aub-lessee, mortgagee or sub-mortgagee or in good faith believing himaelf to be lessee, sub-lessee, momagee or sub-mortgagee of land is in possession thereof, or who, with the bona$.de intention of attorniag and prying the oustomary rent to the person entitled to dtivate or let waste-land, but without the permission of suoh person, brings suoh land rnder onltivation and is in oooupation thereof a# dtivstor : (a) " ejeotment " inoludea redemption or recover;r "Ejsotmont". of poaaoasion of land mortgaged. " improvement " means any work or product ,qmpreTcof a work whioh adds to the value of the holding, ment9*. is suitable to it and oonsistent with the purpose for whioh the holding was let, mortgaged or oooupied : Until the oontrary ie shown the following worku mar or the produots of suoh works shall be presumed wmea (a) the ereotion of dwelling houses, building3 rppnrtenant thereto, and farm buildings ; 1Thio motion wm mbs~titubd by the Madras Adaptation of O&1967fthiid tidd b Zawr Or&, y 1967, for the origind aeotion 66 p mended by weg Uon 48 (3) of the Xkf8bberTemoy (hmldlpmt) dot, 1961 (Ta W dAXXX1061)ifh16h y (p) , ( W.da Aot XXXm of 1061). whloh aame into foroe on the 16th y.lrh 196%. (b) the oomtruotion of tanks, welis, ohannels, dams and other works for the storage or supply of water for agricultural or domestio purposes ; (c) the preparation of land for irrigation ; (a) the conversion of one-orop into two-mop land ; (e) the drainage, reolamation from rivers or other waters, or proteotion from Fob, or from erosion or other damage by water, 4, land used for agrioultural purposes, or of waste land whioh is culturable ; Cf) the reclamation, olearance, enolosure or permanent improvement of land for agrioulturel purposes ; (g) the renewal or re-oonstruotion of any of the foregoing works, or alterations therein or additions thereto ; : (h) the planting or proteotion and maintennnoe of fruit-trees, timber-trees and other useful treer and plants. (,I) Every tenant shall on ejeotment be entitled T~~t *ntitled to compensation for improvements which have been A tenant so continuing in poesesaion shall during suoh oontinuance hold ss a tenent subjead (1) In a suit for ejeotment instituted against! e in in If in suoh suit the Court finds any sum of money due by the defendant to the plaintiff for renb or otherwise in respeot of the tenancy, the Court shall set-off such sum against the sum found due under sub-motion (I), and shall pass a decree deolaring es the amount payable to him on ejectment the amount (if any) remaining due to the defendant after such set-off : @Povided that, where there are several defendants in a suit, the oourt shall not set-off under this sub-sedion any sum of money due by any one of the defendants for rent or otherwise in respect of the denanoy against the sum due under sub-section (1) tm any of the other defendants ih that suit.] mbmquent improvements r:eztet; time of The amount of compensation for improve- cornpensetion ments made subsequent to the date up to which for oompexmtion for improvements has been adjudged improvements Thee3 words were added by section 46 (iii) (a) of the Malabar eenanoy (Amendment) Act, 1961 (Tamil Nadu Act XXXILI: of 1961)i y () ( 1961). which me into fome on the 16th Maroh 1962. 2s ThU prwid ru a&M by mstion 46 (iii) (b), W. a .a money acoruing due to the plaintiff subsequent to the said date for rent or otherwise in respeot of the hll bdid bdf h p tenanoy, shall be determined by order of the Court executing the deoree and the deoree shell be varied in accordance with such order. Every matter arising under sub-section (3) shall be deemed to be a question relating to the exeoution of a deoree within the meaning of olause (c) of section 244 of the Code of Civi1,Procedure 1. Tonantmaf 7. Whenever a cknlrt passes a decree or order for remove ejeotment against a tenant and suoh tenant has ~~~e;,wO$~ ereoted any building, oonstructed any work or planted deemed im- any tree which the hurt finds is not an improvemenb fhih liblidbhih provements~ ithiti y p for which oompenstltion oan be claimed, but which p within time to be eed. the Court finds oan be removed without substantial injury to the holding, suoh tenant may remove suoh building, work or tree within a time to be fixed by the Court in its decree or order. powere to make rdes for appointment of roremors, etc. The sfstate Government] may, from time to time, by notification in the Port 8Sb. amge rmd a[ ] District Gaelte make rules requiring the Court to assooiate with itself, for the purpose of estimating the oompensation to be awarded under motion 6 for an improvement, suoh number of assessors as the %[State Government] thinks fit, determining the qualifioations of those assessors, the mode of seleoting them, the fee payable to them, and the prooedure to be followed in case of a difFerenoe of opinion b ] Improvement 9. (1) When the improvement is not an improvep~~i~ an ment to which iithincrease in th an ~i~ ment to which section 13 applies and has oa~leed iithlf thl t d pi pp inorem in the (UI increase in the value of the annual net produoe

Section 1966