Bare ActsThe Assam (Temporarily Settled Districts) Tenancy Act, 1935

Section 1

Substituted by the A

Amendment status not verified — confirm the current text below against the official source.

Substituted by the A.O. 1950 for “Provincial Government” . S, so applican t by reason of the decree or judgme nt ; and no such application shall be admitted— [a) unless the applicant has, at or before the time when the applicaton is adm itted, deposited in the Court to which the appli­ cation is presented the amount, if any, which he adm its to be due from him to the decree holder, or such amount as the Court may, for reasons to be recorded by it in writing, direct ; or » (6) unless the Co urt, after considering the state ment of injury, is satisfied, for reasons to be recorded by it in writing, that no such deposit is necessary. R e l i e f 10 5. (1) A suit for the ejectment of tenant on the agaim t lor ground— feitures. (a) that he has used the lan d in a manner which renders it unfit for the purposes of the tenancy, or (/>) that he has broken a condition on the breach of which he is, under the term of the con­ tract between him and the landlord, liable to ejectment, shall not be entertained unless the landlord has served in the prescribed manner a notice on the ten ant speci­ fying the particular misuse or breach complained of, an d, where the misuse or breach is capable of remedy, requiring the tenant to remedy the same, and in any case, to pay a reasonable compensation for the misuse or breach, and the tenant has failed to comply within a reasonable time with that request. (2) A decree passed in favour of a landlord in any such suit shall declare the amount of compensation which would be reasonably payable to the plaintiff for the misuse or breach, and whether, in the opinion of * the Court, the misuse or breach is capable of remedy, and shall fix a period during which it shall be open to the defendant to pay the amount to the plaintiff, and, where the misuse or breach is declared to be capable of remedy, to remed) the same. (3) The Court may from time to time for special reasons extend the period fixed by it under sub-sec­ tion (2). s 51 (4) If the defendant, within the period or exten­ ded period (as the case may be) fixed by the Co urt under the section, pays the compensation m entioned in the decree, and, where the misuse or breach is dec­ lared by the Court to be capable of remedy, remedies the misuse or breach to the satisfaction of the Court, the decree shall not be executed.

Section 1 – The Assam (Temporarily Settled Districts) Tenancy Act, 1935 | DailyLaw.ai