Bare ActsThe Malabar Compensation for Tenants Improvements Act, 1899

Section 6

Amendment status not verified — confirm the current text below against the official source.

(1) In a suit for ejeotment instituted against! e in tenant in whioh the p1aintiiT suoc8eds and the defen- ejectment to be dant establishes a olaim for oompensation due under ~ y ' ~ ~ ~ a :; tkction 6 for improvements, the Court shall asoertain amount of corn- as provided in sections 9 to 18 the amount of the pensation aecer- oompensstion and shall pass a deuree declaring the zp& oyt:t amount so found due and ordering that, on payment diffewnce bet- b;y the plaintiff into Court of the amount so found ween it and the amount, if my, due and also the mortgage-money (if any), ' [on or adjudged to the before such date within six months from the date of plaintiff from Che deuree as the Court may fix] the defendant shall the defendant. pat the plaintiff into possession of the land with the improvements thereon. (2) 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 defen- dants 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.] (3) The amount of compensation for improve- cornpensetion ments made subsequent to the date up to which for mbmquent oompexmtion for improvements has been adjudged improvements in the deoree, and the revaluation of an improve- r:eztet; ment for whioh oompensation has been so adjudged, improvemente when and in so far as such re-valuation may be neoes- at the time of aary with refereno8 to the condition of such improve- Ojecmen*o ment at the time of ejectment as well as any sum of - Thee3 words were added by section 46 (iii) (a) of the Malabar eenanoy (Amendment) Act, 1961 (Tamil Nadu Act XXXILI: of 1961). which m e into fome on the 16th Maroh 1962. 2s ThU prwid ru a&M by mstion 46 (iii) (b), W. .a 462 Comp61~9ation for Tenants Improvements [I900 : T.N. Aet I money acoruing due to the plaintiff subsequent to the said date for rent or otherwise in respeot of the tenanoy, shall be determined by order of the Court executing the deoree and the deoree shell be varied in accordance with such order. (4) Every matter arising under sub-section (3) shall be deemed to be a question relating to the exe- oution of a deoree within the meaning of olause (c) of section 244 of the Code of Civi1,Procedure 1. Tonantmaf

Section 6 – The Malabar Compensation for Tenants Improvements Act, 1899 | DailyLaw.ai