APTAL Act 18Chapter III · Tenants

Section 18 · Suspensions or remissions of rent:

(1)

Notwithstanding anything contained in Section 73 of [the Andhra Pradesh (Telangana Area) Land Revenue Act, 1317F.] [Substituted by the Act 9 of 1961.] whenever for any cause the payment of the whole land revenue payable by a landholder in respect of any land is suspended or remitted, the landholder shall suspend or remit, as the case may be, the payment to him of the whole of the rent of such land by the tenant. If in the case of any land payment of the land revenue is partially suspended or remitted, the landholder shall suspend or remit a proportionate amount of the rent payable in respect of such land by the tenant.

(2)

If no land revenue is payable in respect of any land and if for any cause, the payment of the whole or any part of the land revenue payable in respect of any other land in the neighbourhood of such land has been suspended or remitted, the Collector shall, subject to the general or special orders of Government, suspend or remit, as the case may be, the payment to the landholder of the whole or part of the rent due in respect of such first mentioned land.

(3)

No application [under sub-section (2) of Section 28,] [Substituted by Act III of 1954.] shall be entertained. No suit shall lie and no decree of a Civil Court shall be executed for recovery by landholder of any rent the payment of which has been remitted or is for the time being suspended under this section and any period during which the payment of rent is suspended under this section shall be excluded in computing the period of limitation prescribed or any suit or proceeding for the recovery of such rent.

(4)

Notwithstanding anything contained in [sub-section (2) of Section 28] [Substituted by Act No. 3 of 1954.], the Tahsildar shall, in passing an order under the said [sub-section] [Substituted by Act No. 3 of 1954.] for rendering assistance to the landholder, allow to the tenant a set-off of the sum, if any, paid by such tenant to the landholder in excess of the amount of rent due from him after deducting the amount required to be remitted under sub-section (1) or sub-section (2) of this section or under Section 73 of [the Andhra Pradesh (Telangana Area) Land Revenue Act, 1317 F.] [Substituted by Andhra Pradesh Act 9 of 1961.]:Provided that such set-off shall be allowed in respect only of the sum paid by the tenant to the landholder during a period of three years immediately preceding the date of the application made under [sub-section (2) of Section 28.] [Substituted by Act No. 3 of 1954.]

(5)

If any landholder fails to suspend or remit the payment of rent as provided in this section, he shall be liable to refund to the tenant the amount recovered by him in contravention thereof, and on the application of the tenant, the Tahsildar may, after due enquiry, make an order for the refund of such amount.

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