Amendment status not verified — confirm the current text below against the official source.
The following provisions shall apply in the ejected ten- case of every ten ant ejected from a ho lding: — ants in res- (a) Where the tenant has, before the date of his ejectment, sown or plante d crops in any land comprised in the holding, he shall be entitled at the option of the landlord, either to retain possession of that land till the harvest for the purpose of tending and gathering in the crops or to' receive from the landlo. d the value of the crops as estimated by the Court executing the ejectment decree. If the landlord elects to allow the tenant to retain possession of ‘he land till the harvest, the tenant shall be liable to pay to the landlord, during the period of such retention of possession such ren t as the Court executing the ejectment decree deems reasonable. (’b) Where the tenant has, before the date of his ejectment, prepare d for sowing any lan d of his holding bu t has not sown or planted crops therein, he shall be entitled to receive from the landlord the value * of the lab our and capital expended by him in preparing the land, as estimated by the Court executing the ejectment decree, together with reasonable interest < on that value, fc) In the case of an occupancy tenant compensation shall also be payable for trees standing on the land which the occupancy ten ant is entitled to cut and appropriate. fd) No ten ant shall be ejected from his dwelling site, except after giving the ten ant an option to purchase the dwelling site, and if the dwelling house was constructed at the lan dlord’s cost, then also the dwelling house, at the prevailing market value. If there is any dispute as to the value, then the Court executing the ejectment decree shall determine the value after making such enquiry as it deems fit. Procedure of 54. (1) No ten ant shall be ejected from his ejectm ciit. holding except in execution of an ejectment decree passed by a com petent Civil Court ; and the rele vant 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) fa) 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 breac h complained of and the ten ant has failed to comply with it within one month of the receipt of the notice. 143 i'3) If it appears to the Court trying the ejectment suit that the com plaint of misuse or the breach is true but it is remediable, then it may diiect the ten ant 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) fc) shall be enter tained unless at first a decree for ren t has been -r. obtained. (5) No suit for ejectment on the ground mentioned in Section 51 (2) (d) shall be enter tained, unless a three months’ notice ending with • the date of expiration of the lease has first been served on the ten ant. CH AP TE R X P re p a ra ti o n and m ain te n an ce o f re cord -o f- rig h ts o f ten an ts Power to or- 55 . (1) The State Government may, where a der Prepara-settlement operation under Chapter II I of the Assam cord-of-riRht»^a n (^ a n ^ Revenue Regulation, 1886, is not being for tenants, carried out at any time, make an order in the case of any local area, estates or pa rt thereof directing th at a record-of-rights, with or without survey, for all or any class or classes of tenants be prepared by a Settlement Officer. (2) A notification in the official Gazette of an order under this section shall be conclusive evidence th at the ord er has been duly made. (3) Th e survey shall be made and the record-of- rights prepared in accordance with rules made in •» this behalf by the State Government. Particulars to 56. Where an order is made unaer Section 55 be recorded, the particulars to be recorded shall be specified in * the order and may include either without or in addition to oth er particulars, some or all of the following, namely, — (a) the nam e of each tenant ; (b) the class to which the tenant belongs and the date of creation of the tenancy in respect of non-occupancy tenants ; (c) the area and situation of the lan d held by the ten ant ; 144 fd) the nam e of each ten ant’s landlord J fe) the ren t payable at the time the record-o l- rights is being prepare d ; (f) the mode in which that rent has been fixed whether by contract, by order of a Court, or otherwise ; fe) if the rent is a gradually increasing rent, the time at which and the steps by which it increases ; & (h) the special conditions and incidence, if any, of the tenancy ; (i) any right of way or other easement attach ing to the land for which the record-of-rights is being prepared : Provided that, if lands are not used for purpose connected with agriculture, it shall be sufficient to record that fact together with such particulars as may be prescribed. Preliminary