Section 132State of Uttar Pradesh Act

Section 132: Right to crops and trees

U.P. Revenue Code, 2006

Right to crops and trees.

(1)

Wherein execution of a decree passed in a suit under Section 131, an asami is ejected, and the Court is satisfied that any ungathered crops or trees belonging to the judgment-debtor exist on the land, the Court shall, not withstand anything contained in the Code of Civil Procedure, 1908, proceed in the following manner :

(a)

if the amount due from the judgment-debtor is equal to or greater than the value of such crops or trees, the Court shall deliver the possession of the land with the crops and trees to the decree holder, and all rights of the judgment-debtor in or upon such crops or trees shall therefore pass to the decree-holder;

(b)

if the amount due from the judgment-debtor is less than the value of such crops or trees, and -

(i)the decree-holder pays the difference between such amount and the value to the judgment-debtor, the Court shall deliver possession of the land to the decree-holder and all rights of the judgment-debtor in such crops or trees shall therefore pass to the decree-holder;

(ii)the decree-holder does not pay such difference the judgment-debtor shall have the right of tending gathering or removing such crops or trees or fruits of such trees, until such crops or trees have been gathered or removed or die or are cut down, as the case may be, paying such compensation for the use and occupation of land as the Court fix.

(2)

The Court executing the decree may, on the application of any party, determine the value of the crops or tree and the compensation payable by the judgment debtor under the provisions of sub-section (1).

Sec 131 — Suit for ejectment etc. against asami

Sec 133 — Suit for injunction, compensation etc

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