COMPENSATION AND PENALTIESCentral

Section 113 of The Ajmer Tenancy and Land Records Act, 1950

Penalty for illegal entry on a holding.

(1)A tenant against whom an order of ejectment from a holding or any portion thereof has become final and who re-enters into or remains in occupation of such holding or such portion, as the case may be, without the written, consent of the person entitled to admit him as tenant, shall be deemed to have committed an offence of criminal trespass within the meaning of the Indian Penal Code (Act XLV of 1860).
(2)If a landholder enters upon a holding in the possession of a tenant with the object of dispossessing him of such holding, otherwise than under the provisions of this Act, such landholder shall be deemed to have committed an offence of criminal trespass within the meaning of the Indian Penal Code.
(3)Where a person is convicted of such offence and it appears to the court convicting him that the tenant or the landholder has, by reason of anything done in the course of the commission of the offence, been dispossessed of any land, the court shall order such tenant or landholder to be reinstated in such land.

Summary

If a tenant is legally kicked out (ejected) but moves back in without written permission, they commit a crime.
This act of re-entry or refusing to leave is considered "criminal trespass" under the Indian Penal Code.
Similarly, a landlord who tries to kick out a tenant without following the legal process also commits criminal trespass.
If someone is convicted of this, the court will order that the rightful person be put back on the land.
This rule applies both to tenants re-entering and landlords trying to take land illegally.

Practical examples

1In May 1951, a court issues a final order ejecting Jagan from his farm for not paying rent. Two weeks later, Jagan sneaks back in and starts planting seeds. Since he has no written consent to return, he is guilty of criminal trespass under Section 113.

2Mr. Prasad wants to sell his land and decides to physically throw his current tenant off the property at night. He does not have a court order. Under Section 113, Mr. Prasad has committed criminal trespass and the court will put the tenant back in possession.

FAQ

1. Is it a crime for an ejected tenant to return to their holding under Section 113 of the Ajmer Tenancy law?

Yes, if the order was final and they return without written consent, it is considered criminal trespass under Section 113.

2. Can a landlord be charged with criminal trespass under Section 113 of the Ajmer Tenancy Act?

Yes, if a landholder enters a holding to dispossess a tenant without following the Act, they commit criminal trespass under Section 113.

3. What can a court do if someone is convicted of illegal entry under Section 113 of The Ajmer Tenancy and Land Records Act, 1950?

The court shall order that the dispossessed tenant or landholder be reinstated in the land under Section 113.

Test yourself

Q1.Under Section 113 of The Ajmer Tenancy and Land Records Act, 1950, an ejected tenant who re-enters a holding without written consent commits which offense?

Q2.According to Section 113 of the Ajmer Tenancy law, what is required for a previously ejected tenant to legally re-enter a holding?

Q3.Under Section 113 of the Ajmer Tenancy Act, if a landholder illegally dispossesses a tenant, what is the court's mandatory action upon conviction?

Q4.Which legal code is used to define "criminal trespass" in Section 113 of The Ajmer Tenancy and Land Records Act, 1950?

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