{1} Where any tenant who is in occupation of any accommodation in pursuance of an order made under sub-section (1) of section 9 is in arrears of lent for more than three months, the landlord may make an application to the munsiff having territorial jurisdiction for an order of eviction of the tenant from the accommodation.
(2) Every application under sub-section (1) shall contain the following particulars, namely: —
(a) the name of the landioid and, where there are more landlords than one, the names of all the landlords;
(b) a sufficient description of the accommodation from which the tenant is to be evicted oi a copy of Lhe order of allotment;
(c) the arrears claimed and the rate at which they are claimed;
(d) where the rent has already been determined in a suit under sub-section {4) of section 4, the fact that it has been so determined;
and shall be verified in the manner prescribed for the verification of plaints in the Code of Civil Proceduie, 1908 (Act V of 1908).
(3) On the making of an application under sub-section (1), the munsiff shall, without unnecessary delay, cause a notice to be served on the Tenant in the manner prescribed by rul<vr: under Ihi-i Ordinance requiring him to pay the amount of arrears within fifteen days of the service thereof or to show cause within the said period why an order evicting him from the accommodation be not passed against him.
20 THE GAZETTE OF INDIA EXTRAORDINARY [PART II
(4) If within the time allowed in the notice under sub-section (3) the tenant pays into court the amount mentioned therein, the munsiff shall dismiss the application and direct the amount to be deposited to be paid to the landlord in satisfaction of the arrears and "shall make such order as to costs as may appear to him to be just and proper.
(5) Where the tenant has been duly served with a notice under subsection (3) but fails to deposit the amount mentioned within the time allowed therein and does not file any objection thereto, the munsiff shall, notwithstanding anything to the contrary contained in the Transfer of Property Act, 1882 (IV of 1882), make an order directing that the tenant be evicted from the accommodation and that he shall pay the costs of the application.
(0) As soon as may be after an order has been passed under subsection (5) the munsiff shall forward ,a copy of the same to the districi magistrate and thereupon the district magistrate shall cause the xenani to be evicted from the accommodation, using or causing to be used such force as may be necessary for the purpose, and nothing contained in the Code of Civil Procedure, 1908 (Act V of 1908), shall apply to any such proceedings:
Provided that if the' tenant at any time before his eviction deposits the amount due in the treasury or pays the landlord or the officer charged with the execution of the order for the delivery of possession the amount of arrears together with all the costs of the proceeding, the tenant shall not be evicted from the accommodation and the district magistrate shall report the proceedings to the munsifl who shall make an order quashing the proceedings:
Provided further that the district magistrate may, for sufficient reasons, allow such time as he may think fit to the tenant to pay the amount for which an order of eviction has been passed against him.
(7) Any order made under sub-section (5) or anything done or any action taken under sub-section (6) shall not be deemed in any way to affect the question of title to the property to which it relates.