(1) A tenant other than occupancy tenant shall not be liable to ejectment from his tenancy except on anyone or more of the following grounds, namely,-
(a) that he has used the land comprised in the tenancy in a manner which renders it unfit for the purposes for which he holds it ;
(b) that he, where rent is payable in kind, has failed without sufficient cause to cultivate or arrange for cultivation of the land comprised in his tenancy in the manner or to the extent customary in the 1 Del. by H.P. Ord. No. 2 of 1975, sec. 7, replaced by H.P. Act No. 15 of 1976.
2Subs. for the original sec. by Ord. ibid, Sec. 8.
3Sections 32 and 33 del. by Ord. ibid, sec. 9.
20 H.P. TENANCY AND LAND REFORMS ACT, 1972 locality in which the land is situate;
(c) that he sublets the holding or part thereof for profit without the consent of the landowner :
Provided that a member of the Armed Forces, an unmarried woman, or if married, divorced or separated from husband of a widow, a minor, a person suffering from physical or mental disability because of which he cannot cultivate the land himself, a person prosecuting studies in a recognised institution and a person under detention or imprisonment shall not be liable to ejectment because he sublets the holding or a part thereof without the consent of the landowner;
1[(d) that he holds his tenancy, from a person who created such tenancy within a period of six months before he became a member of the Armed Forces or while he was serving in the Armed Forces. and wants to cultivate it himself on his ceasing to be a member of the Armed Forces ;
(dd) that he holds his tenancy on the land comprising the share of a member of the Armed Forces covered by clause (d) of sub-section
(8) of section 104 and who wants to cultivate it himself on his ceasing to be a member of the Armed Forces :
Provided that such person or member of Armed Forces referred to in clauses (d) and (dd) above, as the case may be, shall be entitled to eject a tenant from such land upto a maximum of five acres, in the prescribed manner:
Provided further that a tenant so ejected shall be restored to possession of the land if the landowner after ejecting him does not within one year cultivate it personally:
Provided also that if a tenant holding land from persons mentioned in clauses (d) and (dd) of this sub-section is also a member of the Armed Forces, the provision of first proviso shall not apply and the tenancy shall remain and the ejectment from tenancy shall only be On the grounds given in clauses (a) to (c) of this sub-section.]
(e) that the tenant has failed to pay rent within a period of six months after it falls due :
Provided that no tenant shall be ejected under this clause unless he has been afforded an opportunity to pay the arrears of rent within a further period of six months from the date of the decree, or order directing his ejectment, and he had failed to pay such arrears during that period.
(2)Notwithstanding anything contained in sub-section (1) the Revenue Officer may, if the tenant gives notice to the landowner for payment at the threshing floor of the rent payable in kind and the landowner fails to make arrangements for its collection within a fortnight of the receipt of the notice, 1 Subs. for the original cl. (d) by H.P. Ord. No. 2 of 1975, sec. 10, replaced by H.P.
Act No. 15 of 1976.
21 H.P. TENANCY AND LAND REFORMS ACT, 1972 appoint an agent to collect the rent at the threshing floor on behalf of the landowner at his expense.
(3) On collection of the rent in kind under sub-section (2) the agent shall give a notice as prescribed to the landowner, and if the landowner fails to collect such rent within thirty days from the date of the notice, the Revenue Officer shall dispose of or cause to be disposed of such rent by auction in the prescribed manner and deposit the sale proceeds in the Government treasury as revenue deposits.