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State of Assam - Section

Section 129 in Goalpara Tenancy Act, 1929

129. Plaint in rent suits to contain particulars.

(1)The plaint in a suit for recovery of rent shall contain, in addition to the particulars specified in Rules 1, 2, 4, 5 and 6 and sub-Rule (2) of Rule 9 of Order VII in Schedule I to the Code of Civil Procedure, 1908, a statement of the situation, designation, extent and boundaries of the land held by the tenant, or, when the plaintiff is unable to give the extent or boundaries in lieu thereof, a description sufficient for its identification and it shall further contain a statement as to whether a record-of-rights has been prepared and finally published in respect of such land and statement of the value of the land.
(2)When the suit is for the rent of land situated within an area for which a record-of-rights has been finally published, the plaint shall contain a statement of the serial number or numbers borne by the tenancy in the record-of-rights and of the area and rental of the tenancy according to such record, unless the court is satisfied for reasons to be recorded in writing, that the plaintiff was prevented by any sufficient cause from furnishing such statements :Provided that, in all cases in which the Court admits a plaint which does not contain such statement the Court shall, and in any other case in which it seems fit, the Court may, require the Deputy Commissioner to supply, without payment of fee, a verified or certified copy of, or extract from the record-of-rights relating to the tenancy :Provided also, that when the plaint contains such a statement, no statement of the situation, designation, extent and boundaries of the land held by the tenant as provided in sub-Section (1) shall be required.
(3)Where an alteration has been made in the area of the tenancy, since the record-of -rights was prepared and finally published, the plaintiff shall further contain a statement of the rental of the original tenancy according to the record-of-rights, together with a statement showing how the amount of rent claimed in the suit has been computed.