Section 168 in The United Provinces Tenancy Act, 1939
168. Ejectment of certain tenants in execution of a decree for arrears
. - (1) When a decree for arrears of rent against an ex-proprietary, occupancy or hereditary tenant has not been completely satisfied within one year from the date of such decree by any mode of execution other than sale of holdings, the land- holder may apply to the Court, which passed the decree, for the issue of a notice to the tenant for payment of the amount outstanding and for his ejectment in case of default and the Court shall thereupon issue such notice.(2)The notice shall require the tenant to appear within thirty days of the service of the notice and either to show cause why he should not be ejected from the holding, or to admit the claim and obtain leave to pay the amount into the Court within one hundred and twenty days from the date of his appearance in the Court.(3)If the tenant does not appear in accordance with the terms of the notice or having appeared either does not show-cause why he should not be ejected or does not ask for leave to pay, the Court shall immediately order his ejectment from the holding.(4)[x x x] [The letter and the bracket (a) were omitted, by U.P. Act No. 10 of 1947.] If the tenant appears and obtains leave to pay, then unless within one hundred and twenty days from the date of his appearance in the Court the tenant has paid the amount or payment thereof has been certified to the Court in accordance with Rule 2, Order XXI of the Code of Civil Procedure, 1908, the Court shall, on the 31st of May next following order his ejectment.(5)The order of ejectment shall be executed on or after the first day of June next following the date of the order: If within one month after the delivery of possession the tenant deposits the decretal amount, the ejectment order shall be cancelled and possession restored forthwith to the tenant.(6)[] [The original sub-section (5) was re-numbered as sub-section (6) and for clause (b) and (c) of sub-section (4) a new sub-section (5) was Substituted by U.P. Act No. 10 of 1947.] No extension of time for payment shall be allowed :Provided that the tenant shall be ejected only from such portion of the holding the rent of which does not exceed one [sixth of the decretal amount].
