Deposit of rent under the Tamil Nadu Cultivating Tenants Arrears of Rent (Relief) Act, 1990 should be made in the court if a proceeding is pending in the court or a decree has been passed, and before the competent authority if proceedings for eviction are pending or orders of eviction have been passed.

The petitioner is a cultivating tenant. The Respondent filed O.S. No. 89 of 1984 on the file of the Subordinate Judges court, Gobichettipalayam, for recovery of arrears of rent for the year 1981-1982. A decree was passed on 31.8.1990. As per the decree the petitioner was liable to measure 66 salaigais of paddy and pay at the rate of Rs. 180/- per quintal. The decree was sought to be executed by the respondent in E.P. 33 of 1991. The amount as worked out in the execution petition is Rs. 15,096.10 with i nterest as awarded by the decree. The rent has been calculated to be Rs. 9,564/- representing the value of paddy at the rate of Rs. 180/- per quintal plus Rs. 60/- for straw. The petitioner filed a counter stating that he had availed himself of the provisions of the Tamil Nadu Cultivating Tenants Arrears of Rent (Relief) Act, 1990, Act 38 of 1990 for short ‘the Act’ and deposited the amount required by the Act with the competent Authority, i.e., Special Deputy Collector, Salem. The petitioner had pleade d that the entire arrears including the amounts for which the decree was passed stood wiped out on such deposit and the decree had ceased to be executable.

2. The Subordinate Judge held that the deposit was not a valid one in as much as it was not made before the court and it was said to have been made out with the Special Deputy Collector, Salem. Consequently, the Subordinate Judge directed the petitioner to pay the decree amount. Aggrieved by the said order the petitioner has filed the present revision petition.

3. It is the contention of learned counsel for the petitioner that under the provision of the Tamil Nadu Act 38 of 1990, the petitioner, is entitled to make a deposit before the competent authority and apply to the court for vacating the decree. Before considering the provisions of the Act it is necessary to refer to a few more facts.

I have already adverted to the circumstance that the decree directed the petitioner to pay at the rate of Rs. 180/- per quintal of paddy for the year 1981-1982. The total rent was 66 salaigais per year. It is stated by learned counsel for the respondent that 66 salaigais would be roughly equal to 53 quintals. It is only on that basis the respondent has calculated the amount due under the decree as Rs. 9564/- on the date of the execution petition. She has added interest as granted by the decree. However, the petitioner has deposited only Rs. 6750/-, with the Special Deputy Collector, Salem, who is said to be the competent Authority under the Act. The amount is said to be arrived at by taking the current rent to be Rs. 4,500/- and arrears to be Rs. 9,000/-. The petitioner claims to have deposited the current rent of Rs. 4,500/- plus Rs. 2,250/- being one fourth of the arrears, according to him. Even on the face of it, the calculation of the amount due under the Act is not correct. Even under the decree, the price of paddy was Rs. 180/- per quintal, 1981-1982. The court can certainly take judicial notice of the fact that prices have been increasing since then and it has never gone down. Even assuming that the price of paddy during the current fasli is the same as it was in 1981-1982 at the rate of Rs. 180/- per quintal. The rent payable for the current fasli by the petitioner will be Rs. 9540/- and not Rs. 4,500/- as claimed by the petitioner. In the option exercised by him under the Act, the calculation of arrears is also on the same basis at Rs. 4,500/- per year. This again is wrong. Thus it is clear that the amount said to have been deposited with the Special Deputy Collector does not satisfy the requirements of the Act.

5. Turning to the provisions of the Act, there is no dispute whatever that the deposit should be made in the civil court whenever there is a proceeding in the Civil Court for recovery of arrears of rent. The deposit can be made before the competent Authority in the event of proceeding for eviction having been taken before the Revenue Divisional Officer.

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