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NCT Delhi - Section

Section 77 in The Delhi Lands Reforms Act, 1954

77. Ejectment of Asami

. - [(1)] [Section 77 renumbered as sub-section (1) thereof, by Act 38 of 1965, section 16 ] An Asami shall be liable to ejectment from his holding on the suit of the land- holder or Gaon Sabha, as the case may be , on the following grounds only:--(a)those mentioned in [(sections 42,] [Substituted by Act 38 of 1965 section 16 for "section 46"](b)That he belongs to any of the classes mentioned in sub-clauses (I), (ii) and (iii) of clause (a)or in clause (c) of section 6 and that he holds the land from year to year or for a period which has expired or will expire before the end of the current agricultural year,(c)that he belongs to the class mentioned in clause (b) or (d) of section 6 and that --(i)the land holder wishes to bring the under his personal cultivation and in cases where the lease is for a fixed term such term has expired, or(ii)the disability was determined, or(d)that there is an unsatisfied decree of arrears of rent outstanding against him and such decree can be executed by ejectment.
(2)[ Notwithstanding anything contained in sub-section (1), a Bhumidhar referred to in clause (f) of sub-section (1) of section 36 may, on retirement or discharge from the armed forces of the Union or on being sect on Reserve, within six months of such retirement or discharge or of his being sent on Reserve, apply to the Deputy Commissioner for ejectment of the Asami of his land, and the Deputy Commissioner may , after notice to the Asami and subject to such conditions as he may think fit to impose, cause possession of the land to be delivered to such Bhumidhar as soon as possible or, where there are standing crops on such land , within one month of the harvesting of such crops.] [Inserted by Act 38 of 1965, section 16]