Bare ActsThe Tamil Nadu Indebted Agriculturists (Temporary Relief) Act, 1975

Section 5

(1) In computing the period of limitation or limit t 11ne for limi- tat lon

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(1) In computing the period of limitation or limit t 11ne for limi- tat lon. of time prescribed for a suit for the recovery of a debt or an application for the execution of a decree passed in such suit, the time during which the institution of the suit or the making of the application was barred by section 3 of this Act, or during which the plaintiff or his predecessor- in-title, believing in good faith that section 3 of this Act applied to such suit or such application, refrained from instituting the suit or making the application, shall be excluded. ExpZ&nation.-" good faith " shall have the meaning assigned to it in section 3 (22) of the General Clauses Act, 1897 (Central Act X of 1897). (2) Where in a suit or an application in which the question of the exclusion of time under sub-section (1) arises, the defendant or the respondent, or one of the defendants or respondents, with respect to whom the question is raised, would have been an agriculturist but for the fact that in the year en ing 1971-72, 1972-73 or 1973-74 he had been assessed todi income-tax under the Income-tax Act, 1961 (Central Act 43 of 1961) or to agricultural income-tax under the Tamil Nadu Agri- cultural Income-tax Act, 1955 (Tamil Nadu Act V of 1955) or sales tax under the Tamil Nadu General Sales Tax Act, 1959 (Tamil Nadu Act 1 of 1959) or under the Central Sales Tax Act, 1956 (Central Act 74 of 1956), it shall be conclusively presumed that, in refraining from instituting the suit or making the application, the creditor believed in good faith that such defendant or respondent was an agriculturist. 1975 : T.N. Act 101 Indebted Agriculturists 425 (Temporary Relief)

Section 5 – The Tamil Nadu Indebted Agriculturists (Temporary Relief) Act, 1975 | DailyLaw.ai