Section 99 of The Ajmer Tenancy and Land Records Act, 1950
- (1)When a landholder desires to eject a tenant on one or more of the grounds specified in clauses (b) to (c) of section 96, he shall file an application in the court of the sub-divisional officer containing such particulars as may be prescribed.
- (2)If the sub-divisional officer finds that the tenants is liable to ejectment, he shall pass a conditional order for his ejectment either from the entire holding or from such portion thereof, as, having regard to all the circumstances of the case, he considers desirable and shall also direct that--
- (i)in the case of an order under clause (b), (c) or (d) of section 96, the tenant shall repair the damage, or pay such compensation as the court may direct within two months from the date of the order, or such further time as the court may, for reasons to be recorded allow; and
- (ii)in the case of an order under clause (e) of that section, the tenant shall obtain surrender of, or eject the sub-lessee or other transferee from, the holding or part thereof which is sub-let or otherwise transferred in contravention of the provisions of this Act and resume possession of such holding or part, as the case may be, within such time as the court may specify.
- (3)If the sub-divisional officer is satisfied that the tenant has complied with the order passed under sub-section (2), he shall cancel the order of ejectment, but if he is not so satisfied, he shall make the order of ejectment absolute and shall, in either case, submit the record for confirmation of the order passed by him to the collector: Provided that no application for ejectment shall be entertained on the ground mentioned in clause (c) of section 96, if the landholder has recovered under section 85 the arrears of rent for the period the tenant has failed to cultivate his holding.
Summary
- A landlord can apply to evict a tenant for specific reasons like damaging the land or sub-letting it illegally.
- The sub-divisional officer, a district revenue official, can issue a conditional order to start the eviction.
- If the tenant damaged the land, the officer gives them two months to repair it or pay money.
- If the tenant sub-let the land illegally, they must remove the sub-tenant and take the land back within a certain time.
- If the tenant follows the orders and fixes the problem, the officer will cancel the eviction.
- The sub-divisional officer must send the final record of the case to the collector for approval.
Practical examples
FAQ
1. How does Section 99 of The Ajmer Tenancy and Land Records Act, 1950 help tenants keep their land?
It allows the officer to give a conditional order, meaning a tenant can avoid eviction by repairing damage or removing an illegal sub-tenant within a set time limit under Section 99 of the Act.
2. Who has the final say on evictions under Section 99 of The Ajmer Tenancy and Land Records Act, 1950?
The sub-divisional officer makes the initial decision, but they must submit the record to the collector to confirm the order before it is final.
3. Can a landlord evict a tenant for not farming under Section 99 of the Ajmer Tenancy law?
Yes, if the tenant fails to cultivate the land for three years without a good reason, the landlord can apply for eviction through the sub-divisional officer.
Test yourself
Q1.Under Section 99 of The Ajmer Tenancy and Land Records Act, 1950, how much time is typically given to a tenant to repair land damage to avoid eviction?
Q2.Which official is responsible for receiving the initial application for eviction on grounds like illegal sub-letting under Section 99 of The Ajmer Tenancy and Land Records Act, 1950?
Q3.According to Section 99 of The Ajmer Tenancy and Land Records Act, 1950, what happens if a tenant complies with the conditional order to fix a contract breach?
Q4.Under Section 99 of The Ajmer Tenancy and Land Records Act, 1950, why would an officer refuse to entertain an application for not farming the land?