Amendment status not verified — confirm the current text below against the official source.
(1) NO suit for recovery of a debt shall be instituted, Bar pf suits ant' - . . and no .application for execution of a decree in respect of a a~pbation* debt shall be made, againsf any agriculturist in any civil or revenue Court before the expiry of four months from the . .commencement of this Act. Explanatio~z I.-Where a debt is payable by an agri- culturist jointly or jointly'and severally with a iion-agricul- turist, no suit or application of the nature mentidnrd in this sub-section shall be instituted or made either against the ~ non-agriculturist . or against the agriculturist before the expiry of the period mentioned in this sub-section. Explanation 11.--For the purposes ol' this Act, a .suit in which a decree in respect of a debt is prayed for shall bk deemed to be a suit for the recoveEy of a debt notwithstand- ing that other ieliefs are prayed for in such suit and a decree, shal! be deemed to be a decree in respect of a debt notwith- standing that o~&r reliefs are granted in such decree : Provided that a suit for possession of land shall not be . deemed to be a suit for recovery of a debt by reason meiely of mesne profits being also prayed for in such suit : Psovided further thai nothing contained in this s~ction shall apply to any portion of a decre. other than that I ( . relating to a debt. (2) Where a cn ditoi files a suit for recovely of a debt during the period specified in sub-sectjon (1) or after ihc 2 a#jicultu~ist has paid or deposited into Co-~rt the sums and instalnients specified in sub-section (1) of seclion 4 and duling the p~liod when he is so entitled to pay, the Court \ shall in decreeing the suit direct the plantiff to bear his own costs and pay the costs of the defeA1dani who is an agriculturist : ' Provided that nothing contained in this sub-section shall be a bar to the Court passing any order as to costs as 6 between the plalintiff and other defendants who are not agriculturist^. , - 4. (1) Notwi hhstanding any jaw, custom, contract, ' or t Of debt. decree of Court tq the contrary, an agticulturist shall be in instalments. : entitled to pay within four months of the commencement of i ' .\ this Act the interest due on any debt due by him up to the + *>, . - a . commencement of this Act afid one-eighth of the principal " . " outstanding or one-fourth of the total amount outstanding, ,i I , , , 7 r' """' , . .':I , { ? > whichever is less, rind the balance of the debt in three equal annual instaln~en~s on or bef~re the 1st July of each of the succeeding three years wit' :l.; ;,t:~,~:e".?!:3 (in such instalment up to that date. Exp2anatiori.-Ir the case of a decrec, iki: amouilt decreed shall be deemed to be the p~itlsipal. (2) Whcsc, in respcct of a decree fbr debt passed - before the commenc;errienl. of this Act, a debtor fails to make any one of the gsyrueots spcciiied in sub-section (1) the decree holder shall be entitled to execute the decree in respect of the instaln~ent which is in defadt. I (3) In ilily suit fried alter the colnrneizcei~lent of this Act, the Court in decreeing the suit shall provide for the immediate payment of such instalment or lnstallnents as would have become due '[under the provisions oQ sub- section (1) and the balalce in further iretslments as speci- fied therein. (4) Where in any suit for the recovery of a debt pending at the colnmencement of this Act, the debtor claims to be an agriculturist, tlis Court shall, if the debtor is an agriculturist, pass a decrce for im~nediate payment of such instalment o. '7-ctallnents as would have become payable under t'.: provisions of sub-section (1) and the balance in further instalments as specified therein, (5) Nothing contained in this Act shall bar the Court from passing a decree or making an ordcr in an application for execution of the deciec under such terms and conditions as may be inoR favourable to thb debtor than those provi- . ded for in this section either of its own motion upon a consideration of ail the circumstances CC L ~ G cosc or upon an agreement between ti12 parties. (6) Where in any suit to recover a debt or in any application for the execution of a decrce therefor the debt is payable by an agricultorist jointly or jointly and severally with a non-agriculturist, the Court shall pass a decree or make an order for the paylnellt of the debt found due from -- 1 These words were subjtit uted foi the words "under provi- sions of" by section 3 of, and the Second Schedule to, the Tamil WaduRepealing and Amending Act, 1955 (Tamil Nadu ~ c t XXXV of 1955.) - . -- - - - - - -- -' --- 1955:.TbN.ActI] IndebtedAgriculturists (Repayment of Debts) 1 (2) Where any such application is made, the Court. I1 pa& an order recdiding part-satisfaction of the debt if . amount deposited is the correct amount. (3) The Court shall dis&ss the application- (a) if the applicant is not an agriculturist, or ' d l t (b) if the liability is not a debt, or (c) if the amount deposited is insufficient and tbe applicant on being required by the Court to deposit tbe deficit amount within a time flxed by the Court, fails to Appeals.