(1) If the compensation payable a respect of a janmam estate is not determined and deposited a pursuance of this Act before the close of the agricultural year in which the appointed' day falls, into rim payment in respect of the janmam estate shall be deposited by the Government in the office of the Tribunal every agricultural year prior to the agricultural year in which the said deposit is made.
Interim payments
(2) In respect of the agricultural year in which the appointed day falls, the interim payment to be deposited shall be the basic annual sum as roughly estimated by the Government after deducting therefrom the income from the janmam estate actually derived by the janmi before the appointed day in respect of that agricultural year.
(3) In respect of each of the subsequent agricultural year’s the interim payment to be deposited shall be the basic annual sum roughly estimated as aforesaid.
(4) The Government shall deposit all such amount, in the office of the Tribunal and the Tribunal shall after such inquiry, if any, as it thinks fit, apportion the amounts among the persons entitled to any portion thereof, as far as possible in accordance with the value of their respective interests.
(5) On the making of such a deposit, the Government shall be deemed to have been completely discharged in respect of all claims to, or enforceable against, the amount so deposited.
(6) After the compensation has been finally determined the Government shall ascertain the aggregate interim payment which would have been due in respect of the janmam estate under sub-sections (2) and (3) for the agricultural years concerned; if the basic annual sum as finally determined had been adopted instead of the basic annual sum as roughly estimated.
[1969 : T.N. Act 24
(7) If the aggregate interim payment determined under sub-section (6) exceeds the aggregate interim payment already deposited, the balance with interest thereon at three per cent per annum shall be deposited by the Government with the Tribunal along with the compensation as finally determined.
(8) If the aggregate interim payment determined under. sub-section (6) is less than aggregate amount already deposited, the excess amount deposited shall be deducted by the Government from the amount of the compensation finally determined and the balance "* shall be deposited in the office of the Tribunal.
(9) No interim payment made under this section # shall be deemed to constitute any part of the compensation which the Government are liable to deposit under sub-section (1) of section 31, or to any extent to be in lieu of such compensation.
(10) The Tribunal shall revise its apportionment of the interim payments with reference to the aggregate interim payment as finally determined by th« Government and make the necessary adjustments when apportioning the compensation as finally determined.
Appeals 41 (1) Against any decision of the Tribunal under sub-section (3) of section 12 and sections 33 to 40, the Government may, within six months from the date of the decision, and any person aggrieved by such decision may within three months from the date of such decision, appeal to the Special Appellate Tribunal consisting to of two Judges of the High Court nominated from time to time by the Chief Justice in this behalf.
Provided that the Special Appellate Tribunal may, in its discretion allow further time not exceeding three months for the filing of such appeal.
(2) The members of the Special Appellate Tribunal shall hear the appeal on all points, whether of law or of fact.
Where on any such point or points the members are divided in their opinion, they shall state the point or points together with their 1969 : T,N. Act24] opinions thereon shall then be laid before one or more Judges nominated for the purposes by the Chief Justice and such Judge or Judges shall hear the appeal in so far as it relates to such point or points and on each such point, the decision of the majority of the Judges who have heard the appeal including these who first heard it shall be deemed to be the decision of the Special Appellate Tribunal.
(3) The Special Appellate Tribunal shall have the same powers as are vested in a civil court under the Code of Civil Procedure 1908 when hearing an appeal.
Central Act V of 1908
(4) The decision of the Special Appellate Tribunal subject to such decision, the decision of the Tribunal shall be final.
(5) Every decision of the Special Appellate Tribunal and subject to such decision, every decision of the Tribunal shall be binding on all persons claiming an interest in any janmam estate notwithstanding that any Such person has not preferred any application or filed any statement or adduced any evidence or appeared or participated in any proceeding before the Tribunal or the Special Appellate Tribunal, as the case may be.