Section 163 in The United Provinces Tenancy Act, 1939
163. Application for issue of notice to ex-proprietary tenant, etc., for payment of arrears and for ejectment in default
. - (1) A land-holder may, between the first day of June and the thirty-first day of August, apply to the tahsildar for the issue of a notice to an ex-proprietary, an occupancy or a hereditary tenant for the payment of arrears of rent due by him and in default for ejectment from his holding, and the tahsildar shall forthwith issue such notice.Provided that no application shall be made under this section for payment of an arrear which exceeds the amount of rent payable by the tenant for the holding in an agricultural year, or which, on the date of the application, has been outstanding for more than three years.(2)A notice issued, under the provisions of sub-section (1) shall, in addition to the particulars specified in Section 168, specify the instalments of rent payable by the tenant for the holding in the future.(3)The notice shall require the tenant to appear within fifteen days of the date of service of the notice and either to admit the claim or to contest it.(4)If the tenant does not appear or appears and admits the arrear claimed and the instalments of rent specified in the notice, the tahsildar shall pass an order directing him to pay [in the manner laid down in Section 131] [Substituted by U.P. Act No. 10 of 1947.] such arrear and also, during the currency of such order, to pay [in the manner laid down in Section 131] [Substituted by U.P Act No. 10 of 1947.] the instalments of rent as they fall due :Provided that, if the order is passed ex parte the tenant may apply for setting aside such order and if he satisfies the Court that either the notice was not served on him or that he had sufficient cause for non-appearance on the date fixed, the tahsildar shall set aside the order and shall proceed to hear the case in the manner hereinafter provided.(5)If the tenant appears and contests the claim for arrears or pleads that he is not an ex-proprietary, an occupancy, or a hereditary tenant, the application for the issue of notice shall, on payment of the court-fee as in a suit for arrears of rent, be deemed to be a suit for arrears of rent and the tahsildar shall pass an order directing the tenant to pay the Court deciding such suit the instalments of rent specified in the notice as they fall due :Provided that all cases in which the tenant pleads that he is not an ex-proprietary, and occupancy or a hereditary tenant, or which the tahsildar is not competent to try shall be forwarded to the Assistant Collector in-charge of the sub-division.(6)If in such suit the Court finds that the tenant is an ex-proprietary, an occupancy or a hereditary tenant and that any amount is due by him it shall pass a decree directing him to pay such amount [in the manner laid down in Section 131] [Inserted by U.P. Act No. 10 of 1947.].(7)If the tenant appears and pleads that he is not liable to pay that instalments specified in the notice, the tahsildar shall pass an order directing him during the currency of such order to pay [in the manner laid down in Section 131] [Inserted by U.P. Act No. 10 of 1947.] such instalments or such less amounts as he may, for reasons to be recorded, determine.(8)No appeal shall lie against an order of the tahsildar regarding the payments passed under the provisions of sub-section (5) or sub-section (7), but no such order shall be a bar to a suit under the provisions of this Act for determination of rent for the recovery of arrears of rent.(9)An application made under the provisions of this section may be amended, either by the addition of the name of joint tenants or otherwise, at any time up to fifteen days before the date on which the instalment of rent next following the date of the application falls due, and on such application being amended the tahsildar shall proceed as if the amendment had been made in the notice filed within tire prescribed period.
