Section 94 of The Ajmer Tenancy and Land Records Act, 1950
Adjustment of arrears and compensation on ejectment.
- (1)A court, deciding any proceeding under this Act by which a tenant is ejected from his holding or part thereof shall, before passing an order of ejectment, award the amount of compensation due to him on account of an improvement, a tree or a crop belonging to him and existing on such holding: Provided that if, on the date of such order, no arrears of rent, decreed or undecreed, or irrigation dues are outstanding against him on account of such holding and there is a tree or crop upon the land, he may cut and remove such tree and, subject to such payment and such other terms as the court passing the order may specify, use such land for tending, gathering and removing such crop.
- (2)If, on such date, any such arrears are outstanding against the tenant and the amount of compensation awarded to him under sub-section (1) exceeds the amount recoverable from him as such arrears, the order for ejectment shall be conditional on the payment into court by the landholder of the balance due to the tenant within such time as the court may direct; and if the amount of such compensation does not exceed such arrears, any claim for compensation made by the tenant shall be deemed to have been satisfied on his ejectment.
Summary
- The court must decide how much compensation the tenant gets for improvements or crops before they are kicked out.
- If the tenant does not owe any back rent, they are allowed to cut down their trees and finish gathering their crops.
- When the tenant owes back rent, the money they are owed for improvements is used to pay off that debt first.
- If the compensation money is more than the debt, the landlord must pay the extra amount into court before the tenant leaves.
- Any claim for compensation is considered settled once the tenant is removed if the debt was higher than the compensation.
Practical examples
FAQ
1. What happens to a tenant's crops under Section 94 of The Ajmer Tenancy and Land Records Act, 1950?
Under Section 94 of the Ajmer Tenancy Act, the court must award compensation for the crops or allow the tenant to gather and remove them if no rent is owed.
2. How are improvements handled during eviction in the Ajmer Tenancy Act?
According to Section 94 of the Ajmer Tenancy Act, the court must determine the value of improvements and adjust that amount against any arrears of rent before the tenant is ejected.
3. Must a landlord pay money to a tenant during an eviction under the Ajmer Tenancy Act?
Yes, under Section 94 of the Ajmer Tenancy Act, if the compensation for improvements is higher than the rent owed, the landlord must pay the balance into court.
4. Can a tenant remove their own trees under Section 94 of The Ajmer Tenancy and Land Records Act, 1950?
Yes, if there are no outstanding arrears or irrigation dues, Section 94 of the Ajmer Tenancy Act allows the tenant to cut and remove their trees from the holding.
Test yourself
Q1.Under Section 94 of The Ajmer Tenancy and Land Records Act, 1950, when must the court award compensation for improvements?
Q2.What happens under Section 94 of the Ajmer Tenancy Act if the compensation due to the tenant is exactly equal to the rent they owe?
Q3.Under Section 94 of The Ajmer Tenancy and Land Records Act, 1950, what can a tenant do if they owe zero arrears and have trees on the land?
Q4.According to Section 94 of the Ajmer Tenancy Act, what else besides back rent must be cleared before a tenant can remove crops?