Section 2 in Standing Order No. 1 Of The Financial Commissioner Himachal Pradesh
2. Ejectment of Tenants failing to satisfy decrees for arrears of rent.
- The ejectment of tenants who have failed to satisfy decrees for arrears of rent is provided in section 37 of the H.P. Tenancy and Land Reforms Act, 1972. Sub-section (2) of section 39 of the H.P. Tenancy and Land Reform Act, 1972 empowers a Revenue Officer the attendance of both parties before him and to take such action as may prevent the acquisition by the landowner of a valuable property for the often comparatively nominal amount of the unsatisfied arrear of rent. When the arrear remains unsatisfied on account of poverty or other reason, the retention of his holding by the tenant is not advisable. It is probable that the landowner would readily accept a suggestion that his tenant's rights including the tenant's claim to compensation under sections 49 and 52 of the H.P. Tenancy and Land Reforms Act, 1972 would be most equitably extinguished by a money payment to the tenant. An arrangement of this sort, of course, depends on the consent of the landowner but where it has been tried, it is believed that as a rule, he at once admits the fairness of the suggestion and allows the defaulting tenant half or more of the value or some other equivalent of the tenant right. The Court should keep in view the provisions of section 41 of the Act. If the injury caused by the act or omission on which the suit is based is capable of being remedied, or that an award of compensation will be sufficient satisfaction to the landowner, therefore, the court may order the tenant to remedy the injury within a specified period instead of ordering his ejectment.
