Bare ActsThe Delhi Land Reforms Act, 1954

Section 78

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(1) Where in execution of any decree (other than E0g,"pzd a de~ree under section 84) or order f w delivery of possession trees when the Court is satisfied that any ungathered crops or trees which ejectment are the property of the judgment-debtor exist on the land to takes effect. be delivered, the Court executing the decree or order shall, notwithstanding anything in the Code of Civil Procedure, ,1908, proceed as follows :- (a) if the amount due from the judgment-debtor is equal to crr greater than the value of such crops or trees, the Court shaU deliver the possession of the land with the crops and the trees to the Gaon Sabha or the land- holder. as the case may be, and all rights of the judg- ment-debtor in or upon such crops or trees shall pass to the decree holder. (b) if the amount due from the judgment-debtor is less than the value of such crops or trees and- (i) the Gaon Sabha or the land-holder pays :he dif- ference between such amount and the value to the judg- ment-debtor, the Court shall deliver the possession of the holding to the Gaon Sabha or land-holder concern- ed and all rights. of the judgment-debtor in such crops or trees shall pass to decree holder; "Ink by s. 16, of Central Act 38 of 1965. 96 The Delhi Land Reforms AC;, I954 (Chapter Ill-H. Ejectment (Bhumidhar arzd Asami)) (ii) the Gaon Sobha or the land-holder does nat pay such difference, the judgment-debtor shall have a right of tending, gathering or removing such crops or trees m fruits of such trees until such crops or trees have been gathered and removed or die or are cut down, as the case may be, paying such compensation for the use and occupation of land as the Court may fix. i (2) The Court executing the decree or the order of eject- Tent may on the application of any party determine the value of the crops or trees and the compensation payable by the judgment-debtor under the provisions of sclause (b) of sub-section (1). Failure to institute a suit for ejectment under sec- tion 77 or execute the decree obtained thereunder. Consequ- ence of ejectment under sec- tion 77.

Section 78 – The Delhi Land Reforms Act, 1954 | DailyLaw.ai