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State of Uttar Pradesh - Section

Section 154 in U.P. Zamindari Abolition and Land Reforms Rules, 1952

154.

Delivery of possession in execution of a decree on order for ejectment shall [except in case covered by Rule 154-A] [Inserted by Notification No. 4311-RS/I-A-1078-1958, dated 14.12 1959.] be made by the Kurk Amin who, on his arrival in the village, shall send notice to the person to be ejected and in case there is any other person holding from him to such other person also. The ejectment shall be made on the spot, and for each field separately in the manner provided in Rule 35 of Order XXI of the First Schedule of the Code of Civil Procedure, 1908 (V of 1908), in the presence of the person to be ejected if he is in the village and of two villagers whose name should be mentioned in the Kurk Amin's report. If the person to be ejected is not present in the village or refuses to attend, the Kurk Amin shall record the fact in his report If at the time of the delivery of possession there exists on the holding any ungathered crop of any tree of which the value has not been determined by the court, the Amin shall state in his report the kind of crop and his estimate of its probable value, and the kind, number and estimated age and value of the trees. The report shall be signed by the decree-holder or his agent to whom delivery is made, and by the person to be ejected, if present, and the parties shall be delivery is made, and by the person to be ejected, if present, and the parties shall be directed to apply, if they wish to do so, to the court executing the decree, for the settlement of the value of such crops and trees. If the [Lekhpal] [Substituted by Notification No. 950-RS/I-A-1031(7)-1958, dated 18.03.1959.] is present in the village, the Kurk Amin shall ask him to attend, and shall see that he [Lekhpal] [Substituted by Notification No. 950-RS/I-A-1031(7)-1958, dated 18.03.1959.] makes a record of the ejectment in his diary. In ease any party refuses to sign the report, the Amin shall record the fact.