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Section 25: Procedur e for resumption of land from ten ancy by landlord, for per sonal cultivation under Section 23

The Assam Fixation of Ceiling on Land Holdings Rules, 1957State Rules of Assam · 1957

A landlord who desires to resume under provisions of Section 23, any land from his tenant other than an Adhiar (crop-share) for his (landlord) personal cultivation shall apply to the Civil Court having territorial jurisdication over the land stating :-.

(HI the area and description of the land to be resumed;

(b) the name of the tenant who is in occupation of the land;

(c) the aggregate area of land already held under persona l cultivation by the landlord or any member of his family;

(d) whether notice under sub-section (1) of Section 22 was duly given to the tenant whether the tenant has selected the area which he is entitled to retain under the provision of Section 23;

(e) whether the landlord has given due notice of termination of the tenancy of the area selected by the landlord as reqnied under sub-section (2) or

(3) of Section 27;

(I) what is the principal of source of income of the landlord for his maintenance;

(g) whether the tenant has acquired the right of occupancy;

(h ) whether the landlord is (i) a minor or (ii) a widow or (iii) a person subject to any physical or mental disability or (iv) a member ofthe Military, Naval or Air Forces of the Union;

(i) whether any improvement has been made by the tenant on land proposed to be resumed;

Ul whether the landlord has any residence in the village in which the land to be resumed is situated or in nearby village within a distance offive miles from the land.

(2) The Court shall thereupon proceed to disspose of the application in the

(45) ll¥ai/nel'i:INIi!li\jfwrp(ig&{~~q'ISIi :01'iwIitlovable property under the Code of Civil Procedure.

1908.

(3) If the Court passess an order for ejec tion of the tenant it shall also order whether the tenant shall be paid any compensation under the provisions of sub-section

(2) of Section 26 for any improvement done by him in the land from which he has been ordered to be ejec ted, and if so, the amount of such compensation.

(4) The ejection shall be carried out iri the manner provided in Rule 35 of the order XXI in Sechedule I of the Code of Civil Proce dure, 1908.

Where this provision sits

ActThe Assam Fixation of Ceiling on Land Holdings Rules, 1957
Section25
Marginal noteProcedur e for resumption of land from ten ancy by landlord, for per sonal cultivation under Section 23
JurisdictionState of Assam
StatusIn force as published by the source

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