General
92.Arrears deemed satisfied when tenant is ejected.- Subject to the provisions of sub-section (2) of section 94,
when a tenant is ejected from his holding for non-payment of arrears of rent, all arrears, whether decreed or not,
and irrigation dues due in respect of such holding on the date of ejectment shall be deemed to have been satisfied.
93.Decree for arrears, how executed.- No decree for arrears of rent shall be executed against a tenant otherwise
than in the manner provided by section 98.
94.Adjustment of arrears and compensation on ejectment.- (1) A court, deciding any proceeding under this Act by
which a tenant is ejected from his holding or part thereof shall, before passing an order or ejectment, award the
amount of compensation due to him on account of an improvement, a tree or a crop belonging to him and existing
on such holding :
Provided that if, on the date of such order, no arrears of rent, decreed or undecreed, or irrigation dues are
outstanding against him on account of such holding and there is a tree or crop upon the land, he may cut and
remove such three and, subject to such payment and such other terms as the court passing the order may
specify, use such land for tending, gathering and removing such crop.
(2) If, on such date, any such arrears are outstanding against the tenant and the amount of compensation awarded
to him under sub-section (1) exceeds the amount recoverable from him as such arrears, the order for ejectment
shall be conditional on the payment into court by the landholder of the balance due to the tenant within such time
as the court may direct; and if the amount of such compensation does not exceed such arrears, any claim for
compensation made by the tenant shall be deemed to have been satisfied on his ejectment.
95.Entry of landholder on land from which tenant is ordered to be ejected.- (1) A landholder may enter upon
possession of a holding or part thereof from which a tenant is ordered to be ejected :
Provided that he shall not enter upon such holding or part unless --
(a) in a case to which the proviso to sub-section (1) of section 94 applies, the tenant has gathered and removed
the crop in due course of husbandry ; and
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(b) the amount of compensation, if any, awarded by the court has been paid into court or adjusted in accordance
with the provisions of sub-section (2) of section 94.
(2) If the amount of compensation awarded under sub-section (1) of section 94 has not been paid into court or
adjusted in accordance with sub-section (2) of that section, the order of ejectment shall be cancelled, and the
landholder shall be liable to pay to the tenant the cost of the proceedings which shall be collected as arrears of
revenue and paid to the tenant.
(3) If the tenant offers any resistance or obstruction to entry on land on which a landholder has become entitled to
enter under sub-section (1), the court passing the order of ejectment shall, on the application of the landholder,
direct that such landholder be put into possession of such land and where he is still resisted or obstructed in
obtaining possession, the court may, at his instance, order the tenant to be detained in the civil prison under rule
98 of Order XXI of the Code of Civil Procedure, 1908 (V of 1908).
(4) The court hearing any proceeding by which a tenant is ejected from his holding or part thereof shall decide all
disputes arising under section 94 or this section and such decision shall be subject to confirmation by the court to
which the record of such proceeding is submitted for confirmation.
Ground of ejectment
96.Grounds of ejectment.- A tenant shall be liable to ejectment from his holding on one or more of the following
grounds :--
(a) that a final decree against him for arrears of rent in respect of that holding has remained unsatisfied; or
(b) that he is guilty of any act detrimental to the land in that holding, or inconsistent with the purpose for which it
was let; or
(c) where rent is payable by batai, that for three successive years he has, without sufficient cause, failed to
cultivate his holding; or
(d) that he or any person holding from him has broken a condition on breach of which he is, by special contract
which is not contrary to the provisions of section 8, liable to be ejected; or
(e) that he has sub-let or otherwise transferred his holding or part thereof in contravention of the provisions of this
Act :
Provided that the use of one-twentieth part of a plot included in a holding for growing grass or for the construction of
enclosures on such part for stock raising, or for any purpose subservient to agriculture, shall not constitute a
ground for ejectment under clause (b).
97.Special grounds of ejectment of non-occupancy tenants.- A non-occupancy tenant, other than a sub-tenant to
whom the provisions of section 32 apply, shall be liable to ejectment on the ground that he holds only as a tenant
from year to year, or under a lease which has expired or will expire by the end of the current agricultural year.
Procedure for ejectment
98.Procedure in ejectment for decreed arrears.- (1) Immediately after a decree for arrears of rent passed under
section 77, 79, 81 or 85 has becomes final, the tahsildar shall cause a notice to be served on the tenant stating
the amount due under the decree, and requiring him, within two months from the service of the notice, to pay such
amount into court.
(2) If the amount is so paid, the tahsildar shall record satisfaction on the decree and grant a receipt therefor which
shall operate as an acquittance for the amount deposited as if such amount had been received by the decree
holder and pay such amount to the person entitled to receive it.
(3) If the amount is not so paid by the tenant the tahsildar shall order his ejectment from his holding or part thereof
as prescribed and submit the record of the case for confirmation of the order passed by him to the sub-divisional
officer.
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(4) The sub-divisional officer may--
(a) on the application of the tenant, extend the time for the payment of the decretal amount for a period, not
exceeding two months from the date of such order; or
(b) allow payment into court of such amount by instalments and specify the time for payment thereof; or
(c) confirm the order of ejectment.
(5) If the sub-divisional officer by order extends the time for the payment of the decretal amount or allows payment
by instalments and such order is duly complied with the order of ejectment shall be set aside.
(6) If the decretal amount or any instalment is not paid into court within the period allowed under clause (a) or (b) or
sub-section (4), the sub-divisional officer shall confirm the order of ejectment.
99.Procedure for ejectment on other grounds.- (1) When a landholder desires to eject a tenant on one or more of
the grounds specified in clauses (b) to (e) of section 96, he shall file an application in the court of the sub-divisional
officer containing such particulars as may be prescribed.
(2) If the sub-divisional officer finds that the tenant is liable to ejectment, be shall pass a conditional order for his
ejectment either from the entire holding or from such portion thereof, as, having regard to all the circumstances of
the case, he considers desirable and shall also direct that --
(i) in the case of an order under clause (b), (c) or (d) of section 96, the tenant shall repair the damage, or pay such
compensation as the court may direct within two months from the date of the order, or such further time as the
court may, for reasons to be recorded allow; and
(ii) in the case of an order under clause (e) of that section, the tenant shall obtain surrender of, or eject the sublessee or other transferee from, the holding or part thereof which is sub-let or otherwise transferred in contravention
of the provisions of this Act and resume possession of such holding or part, as the case may be, within such time
as the court may specify.
(3) If the sub-divisional officer is satisfied that the tenant has complied with the order passed under sub-section (2),
he shall cancel the order of ejectment, but if he is not so satisfied, he shall make the order of ejectment absolute
and shall, in either case, submit the record for confirmation of the order passed by him to the collector.
Provided that no application for ejectment shall be entertained on the ground mentioned in clause (c) of section 96,
if the landholder has recovered under section 85 the arrears of rent for the period the tenant has failed to cultivate
his holding.
100.Application for ejectment of non-occupancy tenant.- A landholder who desires to eject a non-occupancy tenant
to whom section 97 applies may, in the month of May, make an application in duplicate to the tahsildar stating the
following particulars :--
(a) the name, description and place of residence of the landholder ;
(b) the name, description and place of residence of the tenant ;
(c) a description of the holding, specifying the name of the village, the rent payable, and, unless the holding can be
otherwise adequately described, the khasra number and area of each field; and
101.Procedure on application.- (1) The tahsildar shall send one copy of the application to the tenant and inform him
that he may file objections, if any, within thirty days of the receipt of such application.
(2) If the tenant admits his liability to ejectment, or has not appeared within such period, the tahsildar shall pass
an order for his ejectment.
(3) If the tenant contests his liability to ejectment on the ground that he is not a tenant, or claims occupancy,
exproprietary or hereditary rights, or denies the right of the landholder to eject, the tahsildar shall forward the
record to the sub-divisional officer for trial of the case.
(4) On receipt of the record, the sub-divisional officer shall hear and decide the case and submit the record for
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confirmation of the order passed by him to the collector.
(5) If the liability to ejectment is contested on any other ground, the tahsildar shall decide the case and submit the
record for confirmation of the order passed by him to the sub-divisional officer.
Remedies for wrongful ejectment
102.Remedies for wrongful ejectment.- A tenant ejected by his landholder, otherwise than in accordance with the
provisions of this Act may, within one year of such ejectment, apply to the sub-divisional officer --
(a) for possession of the holding ;
(b) for compensation for wrongful dispossession ; and
(c) for compensation for any improvement he may have made, or for a tree belonging to him.
103.Procedure on application.- (1) If the court finds that the tenant has been wrongfully ejected, it shall proceed as
follows :--
(a) if the tenant is not entitled to remain in possession after the expiry of the agricultural year in which the order is
passed, the order shall not be for recovery of possession, but for costs only, or, if compensation has been claimed
and found due, for compensation and costs only ;
(b) when the order is for recovery of possession, compensation, if claimed and found due, may be awarded for
wrongful dispossession but not for an improvement or a tree ;
(c) where an order is given for compensation for wrongful dispossession, but not for possession, the compensation
shall be for the whole period during which the tenant was entitled to remain in possession.
(2) If the order is for recovery of possession, the sub-divisional officer shall put the tenant wrongfully ejected in
possession.
(3) After the decision of the case, the sub-divisional officer shall submit the record for confirmation of the order
passed by him to the collector.
(4) Any amount awarded as compensation shall be recovered as arrears of revenue and paid to the person entitled.
Ejectment of person occupying land without titles
104.Ejectment of person occupying land without title.- (1) A person, other than a landholder mentioned in section
102, taking or retaining possession of a plot of land otherwise than in accordance with the provisions of this Act
shall, on the application made to the sub-divisional officer, be liable to ejectment and also to pay damages.
(2) Such application shall be made --
(a) if the unauthorised occupation has existed from a date prior to the commencement of this Act ;
(b) in any other case, within three years from the date when the unauthorised occupation first began.
105.Procedure on application.- (1) If, on application under section 104, the sub-divisional officer is satisfied that
any person taking or retaining possession of a plot of land is liable to ejectment, he shall order the ejectment of
such person and award damages which may extend to four times the annual rental value of such plot, calculated in
accordance with the sanctioned rates applicable to hereditary tenants.
(2) If, on the date of the order of ejectment, there is any ungathered crop or other produce belonging to the person
order to the ejected, the applicant shall become owner thereof.
(3) The sub-divisional officer shall submit the record of the case for confirmation of the order passed by him to the
collector.
(4) Any damages awarded under this section shall be recovered as arrears of revenue and paid to the person
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entitled.
106.Consequences of failure to file application under section 102 or 104.- If no application under section 102 or 104
is made within the period of limitation prescribed thereof, and the person ejecting the tenant from, or taking or
retaining possession of, land, otherwise than in accordance with the provisions of this Act, cultivates such land,
such person shall become--
(i) if the possession proprietary interest in such land, khudkasht-holder ; or
(ii) if he does not possess proprietary or tenancy interest in such land, a hereditary tenant.
107.No separate relief claimable, if not claimed in revenue court.- A person who has made an application under
section 102 or 104, shall not be entitled to institute a separate suit or proceeding in a civil court for any relief which
he might and ought to have claimed and has not claimed.