(a) There shall first be paid to the decree holder the cost, if any, incurred by him in bringing the holding to sale ;
(b) there shall next be paid to him the amount under the decree ;
(c) the balance, if any, shall then be paid to the defaulting tenant.
Setting aside of sale on deposit of decretal amount.
45.
The defaulting tenant or any interested person may, within 30 days of the date of the sale apply to the Court conducting the sale to set aside the sale on depositing in the Court, (a) the decretal amount together with cost of the sale for payment to the decree holder, and
(b) a sum equal to 5 per cent of the purchase money for payment to the auction purchaser as a penalty, and ( e) the cost of the sale, 17 if any, payable to the Government, and the Court shall thereupon set aside the sale and shall cause the amounts under (a), (b) and (c) above to be paid to the respective persons or authorities.
Setting aside of sale on ground of irregularity etc.
46. The defaulting tenant, the decree holder or any other interested persons may, within 60 days of the date of the sale, apply to the Court to set aside the sale on the ground of material irregularity, or fraud or mistake in publishing or conducting the sale:
Provided that no sale shall be set aside on this ground unless the applicant proves to the satisfaction of the Court that he has sustained substantial injury by reason of such irregularity or mistake.
Confirmation of the sale.
47.
If there is no application to set aside the sale under sections 45 and 46 or if any such application has been disallowed, the Court shall make an order confirming the sale which shall, thereupon, become absolute.
Auction purchaser to take the holding subject to certain encumbrances.
48.
The auction purchaser shall take the holding subject to lawful encumbrances, if any, including grant of land for public worship, public cremation ground or public burial ground.
Recovery of certain loans etc., by the above procedure.
49.
Nothing in this Act shall prevent a holding of an occupancy tenant or a non-occupancy tenant being sold in the manner laid down above under orders of the Deputy Commissioner for the recovery of (i) a loan advanced by the State Government, the Union Government or a Co-operative Society, or (ii) any other Government dues, but the rent of the holding shall remain the first charge on the sale proceeds after defraying the cost of the sale.
CHAPTER IX Ejectment Forfeiture of tenancy on subletting and transfer.
50. If a tenant sublets or transfers the whole or any part of his holding otherwise than in accordance with the provision of this Act, then the tenant's interest thereon shall be forfeited ; and
(a) if the transferee is an agriculturist, he shall be deemed to have become a tenant under the landlord under the same terms and conditions as the transferor;
18
(b) if the transferee is a non-agriculturist then such transfer shall be void and the Deputy Commissioner may, after such enquiry as may be prescribed, and after ejecting any persons in possession, place any landless agriculturist as a non-occupancy tenant of the landlord.
Grounds of ejectment.
51. (1) An occupancy tenant shall not be ejected by his landlord from his holding except in execution of a decree for ejectment passed on the ground that he has used the land comprised in his holding in a manner which renders it unfit for the purpose of the tenancy.
(2) Any tenant, not being an occupancy tenant, shall not be ejected from the land of his tenancy except in execution of a decree for ejectment passed on any one or more of the following grounds, namely:-
(a) that he has used the land comprised in his holding in a manner which renders it unfit for the purposes of the tenancy ;
(b) that he has broken a condition of his tenancy consistent with the provisions of this Act, and on the breach of which he is, under the terms of the contract between himself and his landlord, liable to be ejected ;
(c) that he has failed to pay the arrear of rent; and
(d) that the land is bonafide required by the landlord for his personal cultivation. No suit for ejectment on this ground shall be entertained before the expiry of 12 months or after the expiry of 15 months for the date of creation of tenancy:
Provided that if the tenant has elsewhere got no land or has lands less than 10 bighas in area, then he shall not be ejected on this ground unless he has been left with so much area as will make the total of his holding equal to 10 bighas:
Provided further that if the landlord does not cultivate the land personally within one year of the date of ejection of the tenant then the tenant shall be restored to his possession.
Rights of ejected tenants to cost of improvement.
52.
Every tenant who is ordered to be ejected from his holding shall be entitled to compensation for improvements lawfully made by him or his predecessors in interest in respect of his holding and the Court's order for ejectment shall be made conditional on payment of the compensation.
In estimating the compensation to be paid for improvement, regard shall be had to the following;-
(a) the amount by which the produce of the holding or the value of the produce or the value of the holding has increased by the improvement ;
19
(b) the condition of the improvement and the probable duration of its effects ;
(c) the labour and capital involved in making the improvement ;
(d) reduction or remission of rent or other advantage given by the landlord to the tenant in consideration of the improvement;
(e) in case of reclamation or irrigation, the length of time during which the tenant has had the benefit of the improvement as an unenhanced rent.
Rights of ejected tenants in respect of crops, dwelling house, etc.