118. Eviction of under-raiyat.-
(1) No person shall be evicted from any land held by him as under-raiyat except under the order of the competent authority made on any of the following grounds, namely:-
(a) that the land has been reserved for personal cultivation of the raiyat under section 101, or is deemed to have been reserved for personal cultivation of the raiyat under section 103;
(b) that a notice has been given to the under-raiyat under sub-section (3) of section 105;
(c) that the under-raiyat has intentionally and wilfully committed such acts of waste as are calculated to impair materially or permanently the value or utility of the land for agricultural purposes;
(d) that the under-raiyat has failed to pay rent within a period of three months after it falls due:
Provided that the competent authority may, if it thinks fit, grant further time not exceeding six months for payment of the rent;
(e) that the under-raiyat, not being a person under disability, has, after the commencement of this Act, sublet the land without the consent in writing of the raiyat.
(2) No order for eviction of an under-raiyat shall be executed till the standing crops, if any, on the land are harvested.
(3) Where any land has been reserved for the personal cultivation of a raiyat by an order made under sub-section (3) of section 101, no suit or application for the eviction of the under-raiyat in respect of such land under clause (a) of sub-section (1) shall lie after the expiry of five years from the commencement of this Act or one year from the date of the said order, whichever is later:
Provided that where any such raiyat is a person under disability, such suit or application may be instituted or made within a period of five years from the date when the disability ceases.
Explanation.-For the purposes of this sub-section, the disability of a person shall cease,-
(a) in the case of a widow, if she re-marries, on the date of her remarriage or if any person succeeds to the widow on her death, on the date of her death;
(b) in the case of a minor, on the date of his attaining majority;
(c) in the case of a woman who is unmarried or who is divorced or judicially separated from her husband on the date of her marriage or remarriage, as the case may be, or in the case of a woman whose husband is a person falling under clause (d) or (e), on the date on which the disability of the husband ceases;
(d) in the case of a person who is a member of the Armed Forces of the Union, on the date of his discharge from service or of his posting to the reserve;
(e) in the case of a person suffering from a physical or mental disability, on the date on which the disability ceases to exist.