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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

(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 ofejectment 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.

Ajmer Tenancy and Land Records Act, 1950 Back

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