Section 149 in Ajmer Abolition of Intermediaries And Land Reforms Act, 1955
149. Procedure on such application
(1) On receiving such application the Tehsildar shall issue a written notice to the opposite party to attend on the date which shall not he later than a week from the date of receipt of the application and at the time and place specified in the notice and shall depute an officer by whom such division, estimate or appraisement shall be made.(2)If the opposite party objects that the rent is not payable by division of the produce is not based on an estimate or appraisement of the crop, per that no amount is to be paid, such officer shall record the objection but shall proceed as hereinafter provided,(3)Such officer shall call on each of the parties to appoint and shall himself appoint, a resident of the neighbourhood as an assessor to assist in the division of the produce, or in the estimate or appraisement of the crop.(4)If either party fails to attend or refuses to appoint an assessors, such officer shall nominate an assessor on his behalf.(5)Such officer shall record the opinions of the assessors and in making his awards, shall take them into consideration.(6)In the case of a division of the produce, if the parties agree to the manner of division proposed by the officer, the division shall be made accordingly and if the parties is not agree to such manner of division, or of it is claimed that no rent is payable, such officer shall make an estimate of the value of the produce or crop deliver his award and submit it with a report of his proceedings to the Tehsildar.(7)Notice shall be issued to the parties that the award has been delivered and they shall be entitled to file objections to the award within one week of the date of service of such notice' and the Tehsildar shall after hearing such objections and making such further inquiry as may appear to be necessary; confirm, modify or set aside the award except as provided in sub-section (8) and, if any amount is found due, shall pass an order for the payment of such amount and costs, if any, and such order shall have the affect of a decree for arrears of rent.(8)In case where any party objects that the rent is not based on an estimate or appraisement of the crop or a division of the produce or that no amount is to be paid, car that the proportion of produce claimed by the landholder as rent is higher it than is really due, the Tehsildar shall not decide such objection but shall direct that parties to get their right decided by a court of competent jurisdiction and in such cases, the Tehsildar may on the application of a landholder direct the tenant to finish a bond with or without sureties to pay the rent according to the decision of the suit within one month of such decision.(9)If a tenant refuses to furnish a bond as mentioned in sub-section (8) the Tehsildar may attach the crop or its produce to such extent as he may deem necessary.
