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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 become 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 therefore 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.

(4) The sub-divisional officer may-

(a) on the application of the tenant, extend the tithe 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 installments 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 installments and such order is duly complied with, the order of ejectment shall be set aside.

(6) If the decretal amount or any installment is not paid into court within the period allowed under clause (a) or (b) of sub-section (4), the sub-divisional officer shall confirm the order of ejectment.

Ajmer Tenancy and Land Records Act, 1950 Back

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