Section 97 of The Ajmer Tenancy and Land Records Act, 1950
A non-occupancy tenant, other than a sub-tenant to whom the provisions of section 32 apply, shall be liable to ejectment on the ground that he holds only as a tenant from year to year, or under a lease which has expired or will expire by the end of the current agricultural year.
Summary
- Non-occupancy tenants can be kicked out simply because their lease period has ended.
- A landlord can remove a non-occupancy tenant if they are only renting the land from year to year.
- Tenants whose leases will expire by the end of the current farming year are liable to be removed.
- These rules do not apply to sub-tenants who refuse to leave after their landlord's interest ends.
Practical examples
FAQ
1. On what grounds can a non-occupancy tenant be ejected under Section 97 of the Ajmer Tenancy Act?
Under Section 97 of the Ajmer Tenancy Act, they can be ejected if they are year-to-year tenants or if their lease has expired or will soon expire.
2. Does Section 97 of The Ajmer Tenancy and Land Records Act, 1950 apply to all tenants?
No, Section 97 of the Ajmer Tenancy Act specifically applies to non-occupancy tenants and excludes certain sub-tenants mentioned in section 32.
3. Can a non-occupancy tenant be removed if their lease is currently active under the Ajmer Tenancy Act?
No, Section 97 of the Ajmer Tenancy Act requires that the lease has either already expired or will expire by the end of the current agricultural year.
4. Is a non-occupancy tenant different from an occupancy tenant under the Ajmer Tenancy Act?
Yes, Section 97 of the Ajmer Tenancy Act shows that non-occupancy tenants have fewer protections and can be removed more easily when their term ends.
Test yourself
Q1.Under Section 97 of the Ajmer Tenancy Act, a non-occupancy tenant is liable to ejectment if they hold land as a tenant from:
Q2.According to Section 97 of The Ajmer Tenancy and Land Records Act, 1950, which group is excluded from these special grounds?
Q3.Under Section 97 of the Ajmer Tenancy Act, when must a lease expire for a landlord to apply for ejectment during the current year?
Q4.Which of these would be a valid reason to eject a non-occupancy tenant under Section 97 of the Ajmer Tenancy Act?