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Chapter XVII

Transitional Provisions

204. Reinstatement of tenant ejected before commencement of this Act.-

(1) If, between the first day of June, 1942 and the commencement of this Act, the landlord of an estate mentioned in the Second Schedule had ejected a tenant from his holding, otherwise than in accordance with the Ajmere Land and Revenue Regulation, 1877 (2 of 1877), such tenant may, within 2[nine months] of such commencement, apply to the tahsildar to be reinstated in such holding.

(2) An application under this section shall state-

(i) the Khasra number and area or other description of such holding and the name and address of the person who is in possession thereof;

(ii) if such holding is held by a tenant, the khasra, number and area of other land in the possession of the landlord which may be given to the applicant in lieu of the holding from which he was so ejected; and

(iii) such other particulars as may be prescribed.

(3) The tahsildar shall, after hearing the parties and making such other inquiry as he deems fit, order-

(i) if such holding is in the possession of the landlord, that the applicant be reinstated in such holding; and

(ii) if such holding is held by a tenant, that an area of the land mentioned in clause (ii) of sub-section (2) or any other land in the possession of the landlord which is approximately equal in value to the holding from which the applicant was so ejected be allotted to him and demarcated on the spot.

(4) If the applicant cannot be reinstated in his holding under clause (i), or allotted other land under clause (ii) of sub-section (3), the tahsildar shall award to the applicant monetary compensation which shall be six times the annual rental value of the holding from which he was so ejected calculated at sanctioned rates applicable to hereditary tenants, recover the amount of such compensation as arrears of revenue and pay it to him.

(5) No person shall be reinstated in his holding under this section unless, within such time as may be allowed by the tahsildar, he pays to the landlord compensation, calculated in accordance with the provisions of this Act, for any improvement on such holding made by such landlord.

(6) The applicant shall be a hereditary tenant of the land in which he is reinstated or which is allotted to him under this section.

(7) The tahsildar shall, after deciding the case, submit the record for confirmation of the order passed by him to the sub-divisional officer.



Ajmer Tenancy and Land Records Act, 1950 Back




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