Preamble

CROPPING AGREEMENT SECTION I REMEDIES AVAILABLE TO THE LANDLORD Article 970 – Modes in which landlord may terminate tenancy after its capacity - When the landlord wishes to terminate the tenancy at the end of the stipulated period or the period which the law deemed to be, the tenant shall be notified as per the agreed anticipation, and in the absence of the agreement, 60 days before the termination of the contract of tenancy of one year or more, 30 days prior in case where the tenancy is for more than 3 months and less than one year Termination of tenancy – (Art. 970 – 998) redemption of mortgages (999-1006), sale of pledged goods (Art. 1007-1011). These are procedures which are not part of Civil Procedure Code in our system.

and 10 days in case of tenancy for a period up to 3 months. The notice shall be served by means of service of summons for the suit for eviction or by means of miscellaneous judicial notification. The landlord may in addition to the notice of termination call upon the tenant to affix the placards, if the property is building and denoting vacancy of the tenancy if locally such practice is followed. The fixation of placards imposes obligations on the tenant to permit inspection of the premises between 1 p.m. to 4 p.m. to whosoever proposes to take the premises on the tenancy. § 1: If the tenancy is for residential purposes, the service of summons or notification may be made on any person of the house when the tenant is not found in the premises, which shall have same effect as if the service is made on the tenant in person. If the house is locked the general rules shall be observed. § 2: The landlord may also notify the tenant out of the court. But such a notice shall only produce effects if the tenant affixes such placards or if the landlord obtains from the tenant a written declaration that he is deemed as evicted or equivalent. Article 971 – Initial petition for eviction - With the petition for the suit for eviction or with the application for the judicial sundry notification, the landlord must annex the document of tenancy, if it exists. When the law requires the document and the landlord does not annex it, nor plead that he can supply the deficiency, the service of summons or the notification shall not be ordered when by simple inspection of the document it is found that the tenancy does not terminate on the date indicated by the petitioner or if the service is applied for without due anticipation prescribed in the law. Article 972 – Defence and rejoinder - If the landlord gets the service of summons done on the tenant, for eviction, the defendant may, within 5 days, file the written statement and it may plead therein nullities, exceptions or incidents, and raise any other defences, or ask including for improvements or compensation for damages. The plaintiff may file rejoinder to the plea raised in the written statement, within a period of 5 days. In the written statement and in the rejoinder all the steps to be taken shall be listed and the list of

witnesses shall be submitted, and the witness residing outside the Judicial Division shall not be accepted unless the parties volunteer to present them before the court. Article 973 – Curative order and questionnaire - In the following five days, the curative order referred to under article 514 shall be passed. When the suit is to proceed further, provisional eviction shall be ordered, when the written statement does not stay its operation and the order shall be passed in compliance with the provision of the article 515, and objections against such order are to be filed within 48 hours and each of the parties shall have 24 hours to give their say to such objections. The objections shall be decided in the following 48 hours by an order which may only be challenged in appeal from the final judgment.

Article 974 – Arguments and judgement - Only the procedural steps which the judge finds

indispensable shall be ordered and thereafter date will be fixed for the trial. Judgment shall be delivered within 8 days subsequent to the trial. Article 975 – Eviction by notice - In the event the landlord makes use of sundry notice through the court, the concerned employee shall inquire from the tenant at the time of service of the notice, whether he accepts or not the eviction and shall record in the report of the service the reply obtained from the tenant. When the notice does not reply or gives evasive answer, it is presumed that he accepts the eviction, if he within 5 days does not make it known to the landlord, by way of notice through registered letter with acknowledgement due or inland letter in duplicate or telegram that he will not vacate the premises on the date indicated in the notice. Article 976 – Rights of landlord when tenant does not receive notice - If the tenant does not accept the eviction sought by way of sundry notice, the tenant may use the suit for eviction referred to in articles 971 to 974 or apply on the ground mentioned in the notice, at the end of tenancy period, that eviction order be passed against the tenant. If the notice has been sent with the anticipation indicated in article 970, the summons for eviction shall have effect even though it might have been done beyond the limitation prescribed therein.

Article 977 – Procedure for immediate termination of tenancy - When the landlord or the purchaser of the property, proposes to have immediate eviction, he will take steps to serve summons on the tenant or his successors to, within the period of 5 days, contest the prayer or vacate the premises. Such suit shall follow the steps prescribed in the articles 971 to 974; § 1: The procedure established in these articles is applicable to all the cases in which it is intended to immediately put an end to the tenancy, which ever may be the ground. § 2: If the prayer is based on non-payment of rent, which ought to have been done in advance, the eviction shall take place at the end of the period till the time rent have been paid, without prejudice to the loss which was incurred by the tenant on account of non fulfillment of the contract. In such case, and being a case of premises, the landlord even may pray that the tenant affixes the placards and gives his inspection from 1 to 4 pm to the person who propose to take it in tenancy.

Article 978 – Effect of contest - The written statement suspends the eviction. However, if the case of eviction is based on non payment of rent and the document of the tenancy having been annexed, the defendant does not prove immediately by way of document any of the following facts: a)He has effected at appropriate time the payment or the deposit of the rent; b)The rent is not accrued in view of change in the date of payment of the rent; c)Having deposited, beyond the limitation, when it is a case of building premises, three times the rents already accrued. § 1: If the case is of rural properties, provisional eviction may be ordered if there is a reasonable ground to believe that the written statement is merely a dilatory tactic. § 2: If there is dispute as to the quantum of the rent, the eviction shall be suspended provided that the tenant proves that in accordance with clauses a) and c) having paid or deposited amount not less than which is found in the contract or that which by way of document established may be demanded legally. § 3: In the case of clause c) the defendant is liable to pay the costs of the proceedings and fees of the advocate of the plaintiff which shall be awarded as per the practice of Judicial division.

The eviction shall be stayed, even when the documents referred to in the clause are produced after the order in the eviction, provided that the eviction has not been given effect. § 4: When the defendant claims improvements which permit retaining lien the eviction shall not be ordered until the plaintiff proves by way of document, the payment or deposit of the amount claimed. Article 979 – Rents accrued during pendency of proceedings - Which ever may the ground of eviction, in the event the defendant fails to pay the rent which accrues during the pendency of the suit, the plaintiff may apply, on such ground for immediate eviction. Upon the hearing the tenant, if he does not prove, by way of document, that he did the payment or deposit, the eviction shall be ordered. To this case is applicable what is provided in clause c) and paragraph 3 of the previous article. Article 980 – Judgment against Plaintiff as being in bad faith - When the ground for eviction is non payment of the rent and it is proved that the tenant has paid it or deposited in due time, the plaintiff shall be held as litigant in bad faith, except if he establishes that he was ignoring the fact; in any case he shall indemnify the defendant for loss caused. The same will follow when the tenant proves any of the facts designated under no. 1 to 5 of article 759 of the Civil Code. Article 981 – Liability of landlord for fraud - When it is found that the landlord filed the suit or applied for eviction through notice served on dummy tenant, in order to achieve through his connivance or silence, the eviction of true tenant he will be directed to pay fine as litigant of bad faith and to pay compensation for loss, and beside that subject to along with supposed tenant for a criminal liability for the offence of defamation. Article 982 – Use of summary procedure - In whatever is not prescribed specifically in this section and in the following, what is provided for summary proceedings shall apply and recourse will be taken to the ordinary proceedings and the general provisions to the extent the summary proceedings is silent. But, there shall be stay as to the operation of the judgment when appeal is filed from final

judgment ordering eviction from premises meant for residence and subject to special regime of the protection of tenant. Article 983 – Applicability to agricultural partnership - Whatever is provided in this and other articles of the chapter is applicable to the rural properties, for the lease, as well as of contract sharecropping. Civil Code article 1303. SECTION II REMEDIES AVAILABLE TO THE TENANT Article 984 – Means for tenant to terminate tenancy at the end of term - Whenever the tenant proposes to put an end to the tenancy at the end of the period stipulated or which is deemed as terminated, he shall inform the landlord with the anticipation fixed in the article 970. The notice shall be issued through court, except in the case of a building and where there is a practice in the land to affix placards, because in such cases the notice shall be substituted by affixation of placards. What is provided in article 971 and in the first part of article 975 is applicable to the service of notice. The employee shall retain the certified copy of the report of service to the landlord if he so demands. § 1: The landlord may satisfy through any officer of the court, the fact of affixation of the placards without need of any order. The officer shall make a record signed by him and two witnesses which he will hand over to the landlord, keeping one copy to the tenant. § 2: The tenancy is considered as ended, irrespective of notice or affixation of writings, if the tenant vacates the premises out of court and the landlord declares in writing that he accepts the eviction. Article 985 – Means for tenant to end tenancy immediately - What is provided in the previous article excepting what is said about the anticipation of the affixation of placards is equally applicable to the case of the tenant, who for which ever reason intends to put immediate end to the tenancy.

SECTION III EVICTION, AFFIXATION OF PLACARDS AND REOCCUPATION THROUGH ORDER OF THE COURT Article 986 – Eviction warrant - After the eviction is ordered, if the tenant does not vacate the property at the end of the tenancy or within 5 days, as per article 970 or article 977, the landlord may apply that the eviction warrant be passed and have it enforced through court employee or any authority. The applicant shall put at the disposal of the executor all the means necessary for the removal, transport and deposit or movables and objects which are found. If it is necessary to break open the door or control the resistance offered, the person entrusted with execution of the order shall requisition the intervention of police and assistance of any administrative authority and in their presence the door‘ will be broken open and the same shall be recorded in the report. Article 987 – Stay of eviction - The warrant of eviction shall be executed who ever may be the person found in the occupation of the premises, except: a) If such person produces document of lease or document of any other lawful enjoyment originated from the execution applicant; b) If he produces the document of sub tenancy arising from the execution opponent. Upon the verification of any of the circumstances foreseen in the above two clauses, the executor shall stay the eviction, making a report and keeping on record the title. The occupant shall within 3 days apply for confirmation of stay of eviction, failing which the warrant shall be executed immediately. The applicant shall produce the documents and the judge after the hearing the landlord shall decide summarily. Whether the suspension is to be maintained or whether warrant should be executed. In case of clause b) the judge shall examine whether sub tenancy is in condition of producing effects against the landlord. § Sole Paragraph: The eventualities mentioned in the clauses a) and b) cease to operate when the occupant has been heard and decision passed.

Article 988 – Stay of eviction on ground of sickness - There shall also be stay of eviction, in a case of tenancy of building premises for habitation, when it is found by certificate issued by the physician under oath or solemn affirmation that if the execution is carried out, the life of the person is in risk in view of the disease he is suffering. In the certificate period during which the stay of eviction should operate shall be stated. The certificate may be presented to the judge before passing the warrant of eviction and also may be shown at the time of execution of the eviction. In such case the executor shall follow whatever is provided in the previous article. The court shall hear the landlord and shall decide what is appears to be just. The landlord may apply that at his cost the patient is examined by two doctors appointed by the judge. Article 989 – Warrant for fixing placards - If the landlord has applied for the affixation of the placards in accordance with article 970 and Paragraph 2 of article 977 and the tenant has not put after eviction having been ordered, the lessor may apply that the order will be passed to make for the fixation. For the execution of the order, provisions of article 986 and 987 are applicable. Article 990 – Other cases of warrant of eviction - What is provided in articles 986 and 987 is equally applicable: 1) To the case of landlord applying service of notice to the tenant or vice versa and the notified person accepting eviction; 2) To the case of tenant affixing placards and the landlord making the record of satisfaction of such fact; In either of these cases, if the tenant does not vacate the premises at the end of the tenancy or within 5 days or if he does not make the affixation of placards, the landlord may apply on the basis of notice served or on the record made that warrant of eviction be issued or at affixation of placards be done. § Sole Paragraph: When in the act of execution of the warrant the tenant alleges the placards were placed without his consent and knowledge, the executor shall stay the eviction and the tenant, within 5 days shall apply that suspension be confirmed and tendering the evidence to substantiate

his plea. Upon the examination of the documents or evidence of 5 witnesses, if the court is of the view that there is a semblance of truth in the allegation, the landlord shall be notified to within 5 days give his say and thereafter whatever is said in the last clause of subsequent article shall follow. Article 991 – Eviction warrant in special cases - When it is seen that the case foreseen in last part of Paragraph 2 of article 970 is satisfied or when the tenant has not accepted the termination done by way of notice or when the landlord has not satisfied the fact of affixation of placards, if the tenant does not vacate the premises, the landlord may apply that eviction be done after the hearing the tenant. The applicant shall produce in the first case the placards of the tenant and the second prove of service of notice. In the third case he shall produce three witnesses who are to depose over the fact of fixation of placards. After the examination of the documents and evidence of the witnesses, the application shall be rejected or notice will be issued to the tenant to give his say within 5 days. If the summoned tenant contests, date will be fixed for the trial and judgment, which shall take place within 8 days. In the trial what is provided in the case of concise proceedings shall be followed, however, extracts the evidence of the witnesses shall be maintained when the decision admits appeal. See also Article 800 of this Code. Article 992 – Warrant for re-entry - The eviction having been ordered if the decision ordering the eviction is reversed and the tenant desires to re-enter in the use and enjoyment of the property, he shall apply that order be passed for his reoccupation. For the execution of such order, the provision of article 986 shall be applicable. SECTION IV DEPOSIT OF RENTS Article 993 – Deposit of rents - When the tenant is unable to make the payment of the rent because circumstances mentioned in article 759 of the Civil Code are satisfied, he has right to deposit the rent within 8 days after the accrual.

The deposit shall be made in the establishment where the judicial deposits are made, on the basis of declaration presented in duplicate and signed by tenant or by some other person in his name, in which there is identification of the premises and quantum of rent, period of deposit, names of the landlord and of tenant and the ground for deposit. One of the copies shall remain with the depositor with a note that deposit has been effected. Article 994 – Court deciding deposit of rent - The deposit shall be at the order of the court of the suit for eviction, if suit is filed, and if not at the order of the court of situation of property. Upon the deposit being made, the tenant shall apply that notice be sent to the landlord, if he is known, to contest the deposit, except where he has been summoned in the suit for eviction and not yet filed the written statement. In this last case, upon the production of document of deposit along with the written statement, the landlord may challenge the deposit in the reply. In the last case if the proof of deposit is annexed to the written statement, the landlord may contest the deposit of rent.

Article 995 – Challenge to deposit - The challenge to deposit may be made in the suit for

eviction on the ground of non payment of rent when the landlord wants the eviction. If the landlord is notified before the filing the suit, if he propose to challenge the deposit, he shall institute the suit within period of 10 days from the date of notice and pleading also the grounds of objection to the deposit. If the suit is already pending, the landlord shall challenge the deposit in answer to the written statement or within the period of 5 days when notice is given after the written statement was filed by the tenant. With the challenge to the deposit all the documents shall be produced and also apply for other evidence. When the landlord does not want eviction, he may challenge the deposit within 10 days by observing what is provided in articles 1026 and following. Article 996 – Effect of deposit - The deposit made within legal time is a bar for provisional eviction independently of the notice from Court, but does not bar final eviction if not notified. If Eviction suit is filed before Court notice of the deposit, the tenant shall be ordered to pay costs and plaintiff advocates fees in terms of Art. 978, if the deposit is not challenged.

§ Sole Paragraph: In the order referred to in article 973, the judge shall take cognizance of the validity of the deposit and its effect except if the decision depends upon evidence which is not yet produced. In such case the order shall be confined to direct that the deposit suspends provisional eviction and in the rest it will be decided in the final judgment.

Article 997 – Successive deposits - Until the fact which gave rise to the deposit of a certain

instalment of rent, subsists the tenant shall deposit the subsequent installment rents without the need to offer the payment again nor apply for notification of successive deposits. Such deposits shall be considered dependence and consequence of the initial deposit and the respective documents shall file in the proceedings in which the document of first deposit is filed. Article 998 – Withdrawal of deposit by landlord - The landlord may withdraw the deposit by stating in writing that he has not challenged the deposit nor he wants to challenge it. The writing shall be signed by the landlord himself or by his advocate, and the signature shall be identified by the notary when no identity card has been produced. When the deposit is challenged, withdrawal may take place only after the challenge is subsequently decided and in accordance with the decision. § Sole Paragraph: If the declaration referred to in the first part is false, the challenge shall be of no effect and the landlord shall incur in the fine equal to double of the amount deposited, without prejudice to the criminal liability for an offense of false declaration.