Logo
Court Book - India Code App - Play Store

Advertisement

Section 294

Application by Ejected Tenant for Re-instatement in His Holding.

The Uttar Pradesh Tenancy Act 1939
(1) If, after the first day of April, 1937, a tenant was ejected from his holding for non-payment of arrears of rent due on account of kharif 1344 fasli or any previous instalments, he may, within six months of the commencement of this Act apply to the court which passed the order of ejectment to be reinstated in his holding, and on receipt of such application, the court, after making such enquiry as it thinks fit shall order that the apblicant be put in possession of the holding from which he was ejected and that any other person in possession of such holding be ejected therefrom :

Provided that, if such holding or a part thereof was let to another person in the agricultural, year 1345 Fasli and has since been continuously so let, no order shall be passed under this section in respect of such holding or such part, as the case may be.

(2) No person shall be reinstated in his holding or any part thereof under the provisions of this section unless within such time as may be allowed by the Court, he pays to the landholder -

(a) the cost of the proceedings which resulted in his ejectment, and

(b) any amount that may have been paid to him by the landholder as compensation for improvements when he was so ejected, and

(c) in a case in which the landholder has made an improvement on the holding, since such ejectment, compensation for such improvement calculated in accordance with the provisions of this Act.

(3) No person shall be ejected from his holding under the provisions of this section until he has received compensation for any improvement made by him calculated in accordance with the provisions of this Act.

(4) On reinstatement, the rights and liabilities of the applicant in respect of land from which he was ejected shall revive :

Provided that if he is reinstated in a part only of the land from which he was ejected, the applicant shall be liable to pay such rent as the court ordering such reinstatement may decide.




--