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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.

Ajmer Tenancy and Land Records Act, 1950 Back

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