Amendment status not verified — confirm the current text below against the official source.
(1) No tenant shall be ejected from his holding except in execution of an ejectment decree passed by a competent Civil Court ; and the relevant provisions of the Civil Procedure Code, 1908, shall apply to such proceeding. (2) No suit for ejectment of a tenant on the grounds mentioned in Section 51 (1) (2) (a) and (b) shall be entertained unless the landlord has first served a notice on the tenant requiring him to remedy, or to pay compensation for the misuse or the breach complained of and the tenant has failed to comply with it within one month of the receipt of the notice. (3) If it appears to the Court trying the ejectment suit that the complaint of misuse or the breach is true but it is remediable, then it may direct the tenant to remedy the misuse or the breach or to pay a reasonable compensation fixed by it within a specified date, and if the tenant still fails to comply with the direction, shall pass the decree, unless there are other reasons for not passing such decree. (4) No suit for ejectment on the ground mentioned in Section 51 (2) (c) shall be entertained unless at first a decree for rent has been obtained. (5) No suit for ejectment on the ground mentioned in Section 51 (2) (d)shall be entertained , unless a three months' notice ending with the date of expiration of the lease has first been served on the tenant. 1[(1) Without prejudice to any provision in any other law for the time being in force relating to restoration of possession, whenever a tenant or under-tenant referred to in Section 20 of this Act is ejected or caused to be ejected from his holding except in execution of a decree for ejectment passed by a competent Civil Court or whenever the cultivation of land by a tenant or under- tenant is terminated or caused to be terminated by the landlord or by anybody else,then the tenant or under-tenant concerned may apply to the Revenue Officer having jurisdiction in the area within 90 days of such ejectment or termination, as the case may be, or in case where such ejectment or termination has taken place after the coming into force of the Assam (Temporarily Settle Areas) Tenancy Act, 1971,but before the coming into force of the Assam (Temporary Settled Areas) Tenancy (Amendment) Act, 1974, within 90 days from the date of coming into force of the Assam (Temporarily Settled Areas) Tenancy (Amendment) Act, 1974 for restoration of possession and the Revenue Officer may, after such enquiry as he may find it necessary and after issuing notice to the landlord or the person preventing the cultivation of land by the tenant or under-tenant, order or direct that the tenant or under- tenant be restored to the possession of the land. (2) On the order passed under the preceding sub-section becoming final under sub-section (2) of section 67, the landlord or any other person against whom the order is passed shall immediately restore possession to the tenant or under-tenant, as the case may be, If the 21 landlord or the person, against whom the order is directed, does not restore the possession within 7 days from the date of the order becoming final than the Revenue Officer, on application by the tenant or under-tenant concerned, shall himself take possession of the holding and deliver it to such tenant or under-tenant, as the case may be.] CHAPTER X Preparation and maintenance of record-of-rights of tenants Power to order preparation of record-of-rights for tenants.