Provisions giving tenants the option to pay current rent to wipe out outstanding arrears are a reasonable restriction under Article 19(5) and are protected under Articles 31-A and 31-C when they aim to ameliorate the conditions of indebtedness of tenants, enable them to concentrate on cultivation, increase production, and are part of agrarian reform.

RAMANUJAM, J. :- The petitioners in all these petitions ware landlords who have let out their lands to tenants for cultivation and have either filed applications for eviction before the Revenue Court on the ground that the tenants have committed default in payment of the arrears of rent or filed suits in civil courts for recovery of the arrears. of rent. All these petitions have been filed challenging the Constitutional validity of the Tamil Nadu Cultivating Tenants Arrears of Rent (Relief) Act, Madras Act XXI of 1972, hereinafter referred to as the Act, on the ground that the provisions of the said Act are violative of Arts. 14, 19 and 31 of the Constitution of India. According to them, the provisions of the Act practically liquidate the rights of the landlords and prevent eviction even when the tenants are admittedly in arrears, that the 'tenants who are in arrears tot several years are entitled to continue in possession of the leasehold property if they pay the current rent alone, that no application for eviction can even be made for six months from the date of the publication of the Act, that even tenants who have been evicted are enabled to get restoration of possession merely on payment of the current rent, that the provisions of the Act which are drastic in nature practically deprive the owners of the land of their lawful income from the properties, that while the owners obliged to pay taxes and other rates to the State, they are deprived of the only income from which they can hope to meet those taxes and public charges, and that this virtually and in effect amounts to illegal confiscation of their properties.

2. Tamil Nadu Cultivating Tenants Arrears of Rent (Relief) Act (Madras Act XXI of 1972) was passed by the State Legislature and received the assent of the President on 9-8-1972. The Act is intended to give relief to cultivating tenants in respect of certain arrears of rents. The Preamble and the Statement of Objects and Reasons of the Act which explain the necessity for the legislation state that the cultivating tenants have borrowed and added to their debts during the years of drought that they are not in a position to pay the arrears of rant due to indebtedness and poor economic conditions, that on account of default in the payment of arrears of rents; the landlords have initiated action against the cultivating tenants for eviction and for recovery of arrears of rent, and that in the interests of the general public and in order to obtain maximum advantage in the matter of production of food crops, the cultivating tenants should be spared the distractions and expenditure involved is the litigation. In the above circumstances, it was considered necessary as part of the agrarian reforms, to give relief to the cultivating tenants from the burden of discharging the arrears of rent on condition of payment of current rent due to the landlords and with that object, the above Act was enacted. Section 3 of the Act provides for relief to the tenants in payment of arrears of rent outstanding on the 30th June 1971 provided the cultivating tenants deposit the whole current rent that is rent due for the fasli year commencing on 1st July 1971 and ending with 30th June 1972, within 6 months from the date of publication of the Act, that is on 11-8-1972. Section 4 is a deeming provision under which if any cultivating tenant paid on or after 1st July 1972, any rent to the landlord or deposited into court, it shall be deemed to be the payment towards the current rent. Sub-Sec. (3) of Section 4 however disentitles any cultivating tenant to claim any refund from the landlord on the ground that the payment or deposit made on or after 1st July 1971, towards the discharge of any arrears is in excess of the rent due as current rent. Sec. 5 prohibits any suit for recovery of arrears and for eviction of cultivating tenants within the period of six months from the date of publication of the Act. Section 7 provides for restoration of