Amendment status not verified — confirm the current text below against the official source.
Decree in eviction to be conditional on pa?t,ment of com- pensation. (1) In a suit for eviction instituted against a tenant in which the plaintiff succeeds and the defendant esta- blishes a claim for compensation due under Eection 4 for im- provements, the court shall ascertain as provided in sections 7 to 16, the amount of the compensation and shall pass a decree declaring the amount so found due and ordering that on pay- ment by the plaintiff into the court of the amount so found due and also the mortgage money or the premi11m, as the case may be, the defendant shall put the plaintiff into possession of the land with the improvements thereon. (2) If in such suit the court finds any sum of money due the defendant to the plaintiff for rent, or otherwise in respect of the tenancy, the court shall set off such sum against the sum found due under sub-section (1) , and shall pass a decree declaring as the amount payable to him on eviction the amount if any, remaining due to the defendant after such set-off: Provided that the court shall not set off any sum of money due for rent as aforesaid, if such sum is not legally recoverable. (3) The amount of compensation for improvements made subsequent to the date up to which compensation for improve- ments has been adjudged in the decree and the re-valuation ot an improvement, for which compensation has been so a.djudged when and in so far as such re-valuation may be necessary with reference to the condition of such improvement at the time of eyiction as well as any S)Jm of money accruing due to the plain- tiff subsequent to the said date for rent, or otherwise in respect of ~he tenancy shall be determined by order of the court exe- c~tmg the decree and the decree shall be varied in accordance with such order. (4) Every matte~ arising: under sub-section (3) shall be d~e~ed to be a .question rclati?g to the execution of a decree wtthm the meamng of sub-sectiOn (1) of section 47 of the Code of Civil Procedure, 1908 ( 5 of 1908) . 106