1" (1) In a suit or proceeding for the ejectment of a tenant of sir, the sir-holder shall, before the first date fixed for recording evidence, furnish to the Court such particulars as the Board may by rule made in this behalf prescribe for ascertaining, -
(a) whether the sir-holder is a person to whom the provisions of the first proviso to clause (a) of Section 6 apply; and
(b) the total area and nature of the sir-holder's sir and khudkasht: Provided that if the sir-holder satisfies the Court that he had sufficient cause for not filing the particulars before the date fixed, it may, subject to the payment of costs to the opposite party, extend the time.
(2) If the sir-holder does not file the particulars mentioned in subsection (1) within the time fixed thereunder, or deliberately furnishes inaccurate particulars, the Court shall dismiss the suit or proceeding, as the case may be, and shall declare the tenant to be a hereditary tenant.
(3) If the Court finds is that the sir-holder could apply under the provisions of Section 15 or Section 16, it shall, before deciding such suit or proceeding, take action under Section 15 or Section 16, as the case may be, and if it declares or orders that the tenant is a hereditary tenant of the whole or any part of his holding, it shall dismiss the suit or proceeding:
Provided that if the Court is not empowered to take action under the provisions of Section 15 or Section 16, it shall forward the case to the Assistant Collector in-charge of the sub-division who shall decide it is accordance with the provisions of this section. "
(a) whether the sir-holder is a person to whom the provisions of the first proviso to clause (a) of Section 6 apply; and
(b) the total area and nature of the sir-holder's sir and khudkasht: Provided that if the sir-holder satisfies the Court that he had sufficient cause for not filing the particulars before the date fixed, it may, subject to the payment of costs to the opposite party, extend the time.
(2) If the sir-holder does not file the particulars mentioned in subsection (1) within the time fixed thereunder, or deliberately furnishes inaccurate particulars, the Court shall dismiss the suit or proceeding, as the case may be, and shall declare the tenant to be a hereditary tenant.
(3) If the Court finds is that the sir-holder could apply under the provisions of Section 15 or Section 16, it shall, before deciding such suit or proceeding, take action under Section 15 or Section 16, as the case may be, and if it declares or orders that the tenant is a hereditary tenant of the whole or any part of his holding, it shall dismiss the suit or proceeding:
Provided that if the Court is not empowered to take action under the provisions of Section 15 or Section 16, it shall forward the case to the Assistant Collector in-charge of the sub-division who shall decide it is accordance with the provisions of this section. "
1 Subs. by U.P. Act 10 of 1947. w.e.f. 14.06.1947