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Section 42: Rights of ejected tenants in respect of crops and land prepared for sowing

The Himachal Pradesh Tenancy and Land Reforms Act, 1972State Act of Himachal Pradesh · Act 8 of 1974

(1) Where at the time of the proposed ejectment of a tenant from any land his uncut or ungathered crops are standing on any part thereof, he shall not be ejected from that part until the crops have ripened and he has been allowed reasonable time to harvest them.

(2) The Court or Revenue Officer decreeing or ordering the ejectment of the tenant may, on the application of the landowner, determine any dispute arising in consequence of the provisions of sub-section (1) between the landowner and the tenant or between the landowner and any person entitled to harvest the crops of the tenant, and may in its or his discretion-

(a) direct that the tenant pay for the longer occupation of the land secured to him under sub-section (1) such rent as may be fair and 23 H.P. TENANCY AND LAND REFORMS ACT, 1972 equitable; or

(b) determine the value of the tenant's uncut and un-gathered crops, and, on payment thereof by the landowner to the Court or Revenue Officer, forthwith eject the tenant.

(3) When a tenant for whose ejectment proceedings have been taken has, honformably with local usage, prepared for sowing any land comprised in his tenancy but has not sown or planted crops on that land, he shall be entitled to receive from the landowner before ejectment a fair equivalent in money for the labour and capital expended by him in so preparing the land and the Court or Revenue Officer before which or whom the proceedings are pending shall on the application of the tenant, determine the sum payable to the tenant under this sub-section and stay his ejectment until that sum has been paid to him.

RELIEF FOR WRONGFUL DISPOSSESSION

Where this provision sits

ActThe Himachal Pradesh Tenancy and Land Reforms Act, 1972
Section42
Marginal noteRights of ejected tenants in respect of crops and land prepared for sowing
JurisdictionState of Himachal Pradesh
StatusIn force as published by the source

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