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Section 154

Recovery of Arrears in the Event of General Refusal to Pay.

The Uttar Pradesh Tenancy Act 1939
(1) In case of any general refusal to pay rent or any demand on account of canal dues to persons entitled to collect the same in any local area, the State Government may, by notification in the Official Gazette, declare that such rents or demands may be recovered as arrears of land revenue.

(2) In any local area to which a notification made under sub-section (1) applies, a landholder or any other person to whom an arrear of rent or of canal dues is due, may, notwithstanding anything to the contrary in this or any other enactment for the time being in force, instead of suing for recovery of the arrear under this Act, apply in writing to the Collector to realize the same, and the Collector shall, after satisfying himself that the amount claimed is due, proceed, subject to rules made by the Board, to recover such amount with costs and interest as an arrear of land revenue.

(3) The Collector shall not be made a defendant in any suit in respect of an amount for the recovery of which an order has been passed under this section.

(4) Nothing herein contained, and no order passed under this section, shall debar, -

(a) a landholder from recovering, by suit or application, any amount due to him which has not been recovered under this section;

(b) a person from whom any amount has been recovered under this section, in excess of the amount due from him, from recovering such excess by suit against the landholder or other person on whose application the arrear was realized.




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