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Section 26: Procedure for res toration under Section 25 of possession of an ejected tenant

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

( I) A tenant ejected under the preceding rule who is entitled to restorat ion ofpossesion under provissio ns of Section 25 shall if he wants restoration, apply to the Civil Court having territiorialjurisdiction over the land forputting him back in possession stating-

(a) the date on which the landlord took over possession from him;

(b) the ground on which the tenant was ejected;

(e) whethe r land remain fallow for one year from the date of taking over possession by the lanlord, the name of the person who actually cultivated it and what is his relationship to the landlord (i.e. whether he was a tenant, servant, hired labour, or a member of his family);

(d) whether the land was sublet to others within 2 years from the date of taking over possession by the landlord.

(2) The Court shall there upon proceed to dispose of the application in the manner of a suit for restoration of possession of immovable porperty under the Code of Civil Proce dure, 1908.

(3) If the Court passes an order for restoration of possession, it shall also order whether the whole or any part of the copensation paid by the landl ord to the tenant under the provisions of sub-rule (3) of Rule 25 shall be returned to the landlord and if so. the amo unt to be so returned.

(46) Tilt> As.mm Fixation a/Ceiling rm Land Holdings Act, 1956

(4) In case of order for restoration of possession, the tenant shall be put back in actual possession of the land in the manner provided in Rule 33 of Order XXI of Schedule I of the Code of Civil Procedure 1908.

Where this provision sits

ActThe Assam Fixation of Ceiling on Land Holdings Rules, 1957
Section26
Marginal noteProcedure for res toration under Section 25 of possession of an ejected tenant
JurisdictionState of Assam
StatusIn force as published by the source

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