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The Central Provinces Tenancy Act, 1898

Section 85. Procedure in execution by ejectment.

(1) A decree for an arrear of rent due in respect of an occupancy or ordinary holding or a holding held by a sub-tenant may be executed by the ejectment of the tenant : Provided that, notwithstanding anything contained in the Code of Civil Procedure 1882 (XIV of 1882), an order for the ejectment of a tenant in execution of such a decree shall be transferred to a Revenue-officer for execution.. (2) The Revenue-officer on receiving the decree shall cause a notice to be served upon the tenant stating the date of the decree, the amount due there under and the numbers borne in the village rent-roll by the fields constituting the holding, and informing him that if he does not pay into Court within a month from date the amount due he will be ejected from his holding. (3) If the amount due is not paid within the period appointed, the Revenue-officer may, subject to the Provisions of sections 32, 88 and 89, eject the tenant or may, after such enquiry as he deems necessary, postpone ejectment in order to allow the tenant time for payment : provided that any period, or the aggregate of any periods, so allowed shall, subject to any general or special orders which may be issued by the Local Government, not exceed in the case of an occupancy-holding or an ordinary holding not consisting entirely of sir-land four months, or in the case of an ordinary holding consisting entirely of sirland or a holding held by a sub-tenant one month. (4) The Local Government may make rules for the guidance of Revenue-officer executing decrees under this section.

Source: IndiaCode Portal, Legislative Department, Ministry of Law and Justice, Government of India. Open on India Code Check against the official text before relying on it.

Cases citing this section

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