Section 180 in Ajmer Abolition of Intermediaries And Land Reforms Act, 1955
180. Additional provisions for ejectment of Khudkasht or Gair-Khatedar tenants or sub-tenants
(1) A tenant of Khudkasht or a Gair-Khatedar tenant or sub-tenant shall also be liable, on applications to ejectment on any of the following grounds, namely(a)that the land held by such tenant or subtenant is in excess of the minimum area prescribed by the State Government for the district or part of the district in which such land is situated and ejectment from the excess area is sought by the landholder for the purpose of his personal cultivation :Provided that different limits may be prescribed for different districts or parts of a district, so however, as to ensure a net annual income of twelve hundred rupees for such tenant or sub-tenant exclusive of the cost of his labour and the labour of his family.(b)that he is a tenant or sub-tenant holding from year to year:Provided that no tenant or sub-tenant holding land in the Abu area from year to year shall be liable to ejectment under this clause;Explanation For the purpose of clause (b) a tenant or sub-tenant holding from year to year shall include a tenant or sub-tenant who remains in possession of the holding after the determination of the lease or sub-lease and the lessor or his legal representative accepts rent from the tenant or sub-tenant, or otherwise assents to his continuing in possession.(c)that the lease or sub-lease granted after the commencement of this Act under section 45 has expired or will expire before the end of the current agricultural year and the landholder requires the land for his personal cultivation;.(d)that the land had been under the personal cultivation of the landholder for a continuous period of five years immediately preceding the agricultural year 1948-49 and was during or after that year, given on lease or sub-lease for a fixed term and such lease or sub-lease would have terminated and the tenant or sub-tenant would have been liable to return possession of the land to his landholder but for the provisions of the Rajasthan (Protection of Tenants) Ordinance, 1949 (Rajasthan Ordinance IX of 1949) unless in the meanwhile Khatedari rights have accrued to such tenant or sub-tenant under any law during the term of such lease or sub-lease :Provided that a landholder shall not be entitled to an order for ejectment under clause (d) unless he requires the land from which ejectment is sought for his personal cultivation, and unless such land is in excess of the minimum area prescribed for the purposes in clause (a);Provided further that a landholder under his personal cultivation an area of land equal to the ceiling area applicable to him shall not also be entitled to an order for the ejectment of a tenant under clauses (d) and land-holder holding a less area shall be entitled to such an order only from such area which, together with the area already held by him, shall not exceed the ceiling area applicable to him.(1-A) No tenant holding land in Abu area since before the commencement of the Rajasthan Revenue Laws (Extension) Act, 1957 shall be liable to ejectment on any of the grounds mentioned in sub-section (1) by reason of efflux of time or if, before such commencement he has been deemed to be the purchaser of his holding within the meaning of section 32 of she Bombay Tenancy and Agricultural Lands Act, 1948. (2) The State Government shall prescribe the procedure to be adopted in case where there are more tenants or sub-tenants than one, or where the area held by the tenant or tenants is in excess of the area from which ejectment can be sought under clause (d) of sub-section (1).
