Section 187 in Ajmer Abolition of Intermediaries And Land Reforms Act, 1955
187. Remedies for wrongful ejectment
(1) Any tenant ejected from or prevented from obtained possession of his holding or any part thereof otherwise than in accordance with the provisions of the law for the time being in force may sue the person so ejecting him or keeping him out of possession for all or any of the following reliefs, namely:(i)for possession of holding ;(ii)for compensation for wrongful ejectment or dispossession ;(iii)for compensation for any improvement he may have made.Provided that no decree for possession shall be passed where the plaintiff at the time of the passing of the decree, is liable to ejectment in accordance with the provisions of this Act within the current agricultural year.(2)If the decree is for possession no compensation for any improvement shall be awarded and such decree shall also be subject to refund, within such time as the court may allow, by the plaintiff to the defendant of any amount that the latter may have paid as such compensation when he was ejected or dispossessed.(3)Where in a suit for possession under this section or in an appeal from any decree for possession cannot be passed for the reason stated in the proviso to subsection (1), the decree shall be for costs only.(4)Where a decree is passed for compensation for wrongful ejectment or dispossession and not for possession, the compensation awarded shall be for the whole period during which the ejected or dispossessed tenant was entitled to remain in possession.(5)A tenant who has sued for possession only shall not be entitled to institute a separate suit for compensation for wrongful ejectment or for an improvement in respect of the same cause of action.(6)To a suit for possession under this section every person ejecting the plaintiff or keeping him out of possession as well as the person, if any put in possession of the whole or a part of the holding after such ejectment by the person who ejected the plaintiff shall be joined as defendant and in passing a decree for possession, court shall order that the person in such possession shall be ejected therefrom :Provided that the court instead of ordering ejectment of such person may, in case he has before the service upon him of summons for the first hearing fixed for the suit, sown the holding or part, declare him to be the sub-tenant of the plaintiff in respect of such holding or part for that harvest only.(7)A decree for possession passed under this section shall be enforced, as nearly as %lay be, in the same manner as if it were a decree for ejectment but regard shall not be had to the time, if any, prescribed for the enforcement of such decree.
