(1) When a defe ndant admi ts that money is due from him on account of rent, but pleads tha t it is due not to the pla int iff bu t to a thi rd person, the Court shall refuse to take cognisa nce of th e plea unless the defen dan t pays into Court th e amount so adm itte d to be due.
Payment in to Court of money ad mit ted to be due to thi rd per son.
(2) Where such a paymen t is made, the Court shall forthwi th cause not ice of the paymen t to be serv ed on the th ird person.
(3) Unless the third person within thr ee months from the rece ipt of the notice inst itutes a su it against the plainti ff an d therein obta ins an ord er res trai ning pay me nt out of the money, it shall be paid ou t to the pla int iff on his app lica tion .
(4) Nothin g in this section shall affect the righ t of any person to recover from the plaintif f money paid to him under sub-section (3).
95. When a defenda nt adm its th at money is due Paym ent infrom him to the pla inti ff on accoun t of rent, bu t pleads to Court of that the amount claimed is in excess of the amount money addue , the Court shall refuse to take cognisance of the ^uetolandplea unless the defe ndant pays into Cou rt the amount jor cje so admi tted to be d ue.
96. When a defend ant is liable to pay money into p r o v js iOn as Co urt u nd er section 94 o r 95, if the Court thinks th at to paymen t there are sufficient reasons lor so ordering, it m ay take °f portion cognisance of the defend ant ’s plea on his paying into o f m o n ey- Court such reasonable portio n of the money as the Court directs.
97. When a defendant pays money into Court Court* to under either o f the said sections, the Court shall give gran t rethe defe ndant a receip t and the receip t so given shal l celPu ope rate as an acq uit tance in the same man ne r and to the same extent as i f it had been given by the plain tiff or the thir d person, as the case may be.
48 Appeals. 98. i n a u proce edings under this Act before a Revenue Officer or in a Revenue ( ou rt except those under sect ion 71 and those in connection with the for mation o f a record-of- rights under Ch ap ter IX appeals shall lie a s follows :—
(a) To the Commiss ioner from orde rs, original or ap pella te, passed by a Deouty Commis sioner or Settl ement Officer.
(b) To the Deputy Commissioner or Sett lement Officer from orders passed by any Revenue Court or officer sub ord ina te to him even when exercis ing the powers of a Deputy Commissioner or S ettlemen t Officer :
Provided tha t no appeal shall lie aga inst a n app el late order of th e Commissioner.
Lim itat ion 99. (1) Unless otherwise specially provided in the ol t ppeal. , \ c t o r jn t ) e r u }e s issued thereunder n app eal shall lie to the Deputy Commissioner or Settlement Officer afte r the e xpira t on of thir ty days from the da te of the ord er appe aled aga inst and to the Commissioner alte r the expiration of six weeks from the d ate of the ord er app eal ed again st.
<■ i
(2) In com put ing the period prescribed for an appeal by this section, tht day on which the orde r appealed aga inst was passed and the time requisi te for obtainin g a copy of such orde r shall be excluded.
(3) An app eal may be admi tted after the period of limitat ion p rescribed therefor by this section, if the appe llant satisfies the Court to which he appeals that he had sufficient cause for not pre sen ting the appeal within that period.
100. Th e Court to which the appeal lies may Prcced ur- e ;t }) e r adm it or sum marily reject the appea l:
oLAppdlate ' J Court oil app eal . Provided that no appeal shall be summar ily re- $ jec ted unless the appellant or his pleade r has been given an opportu nity of being heard . If the Court adm its the app eal , it may, afte r giv ing the part ies or the ir pleaders an opp ortunity of bein g heard , reverse, modify or confirm the ord er ; ppealed against, or it may direct sucli fur the r inves tigation to be made, or such add itional evidence to be taken, as it may think necessary, or the Court m ay itself take such add itional evidence.
49r - / 101. In a ny case in which an app eal against the Suspension orde rs of a Revenue Court is admi tted, the appell at e01 o rd e rs Court may, pen ding the resu lt of the appeal, dir ect the a gP^ s t ord er app ealed against to be suspended.
102. The [State Gov ernm ent]*, the Commissioner po w c r t o of the Division, the Deputy Commissioner of the c a u fo r p ro - Dis tric t or the Set tlem ent Officer may call for the ceedings of proceedings held by any Court or officer subord ina te subordinate to him a nd pass such orde rs the reo n as he thinks fit. ° c c rs '
103. An appeal shall not lie from any decree or ord er passed, whe ther in the first instance or on re n p p *’J m appeal, in any suit inst ituted by a lan dlo rd for the recov ery of ren t where— (а) the decree or ord er is passed by a District Ju dge, Addi tional Ju dg e or Subord ina te Ju dg e, and the am ount claimed in the suit does not exceed one hundred rupees, or (б) the decree or ord er is passed by any other judicia l officer specially empowered by the [St ate Gov ernm ent]* to exercise final ju ris dict ion under this section, and the am ount claimed in the suit does not exceed 50 ru pee ?;
unless in either case the decree o r ord er ha s decided a ques tion rel ating to the ti tle to lan d or to some interest in land as between parti es having conflicting claims the reto:
Provided th at th e Dis tric t Jud ge may call for the record of any case in-which the judicia l officer as afore said has passed a decree or ord er to which this section app lies , if it app ears th at the jud icia l officer has exercised a ju risdic tion not vested in him by law, or has failed to exercise a juii sdictio n so vested, or has acted in the exercise of his jurisd iction illegal ly or with ma ter ial i rregulari ty, and may pass such order as the Dis trict Judg e thinks fit.
104. Every app lica tion lor an ord er under rule Deposit on 13 o f Order IX in Schedule I to the Code of Civil application Act V of Proc edure, 1908, to set aside a decree passed ex parte, ,o se‘ a?ld c 19<’8. or for a review of jud gm ent und er section 114 read r e cc with rule 1 of O rd er X LVII in Schedule I to the said Code in a suit between a land lord and ten an t as such, shall con tain a stateme nt of the inju ry sustained by the
1. Substi tuted by the A.O. 1950 for “Provincial Governm ent” .
S, so applican t by reason of the decree or ju dg me nt ; and no such app lication shall be ad mitt ed — [a) unless the appli can t has , at or before the time when the app licaton is adm itted, deposited in the Cou rt to which the app li cation is presented the am ount, if any, which he adm its to be du e from him to the decree holde r, or such amount as the Co ur t may, for reasons to be record ed by it in writing, dir ect ; or »
(6) unless the Co ur t, afte r con siderin g the sta te ment of inju ry, is satisf ied, for reasons to be recorded by it in writin g, that no such deposit is necessary.
R e l i e f 10 5. (1) A suit for the ejectm ent of tenan t on the agaim t lor gro und— feitures.
(a) that h e has used the lan d in a manner which render s it unfit for the purposes of the tenancy , or (/>) tha t he has broken a condition on the breach of which he is, under the term of th e con tra ct betw een him a nd the l and lord, liable to ejectm ent , sha ll not be entertained unless the land lord has served in the prescribed manner a notice on the ten an t speci fying the p ar tic ular misuse or breach complained of, an d, where the misuse or brea ch is cap abl e of rem edy , req uir ing the ten ant to reme dy the same, and in any case, to pay a reas onable compensation for the misuse or brea ch, and the ten an t has fa iled to comply with in a reas onable time with th at reques t.
(2) A de cree passed in favour of a landlo rd in any such suit shall dec lare the am ount of compensa tion which would be reasonably payab le to the p lain tiff for the misuse or breach , and wheth er, in the opinion of * the Court , the misuse o r breach is cap able of remedy, and shall fix a period during which it shall be open to the defend ant to pay the am ount to the plain tiff, an d, where the misuse or breach is declared to be cap able