Section 169 in The United Provinces Tenancy Act, 1939
169. Application for issue of notice to non-occupancy tenant for payment of arrears or for ejectment in default
. - (1) When the rent of a non-occupancy tenant is in arrears, the land-holder may apply to the tahsildar for the issue of a notice to such tenant for payment of the arrears and for his ejectment in case of default, and the tahsildar shall thereupon issue such notice.(2)The notice shall require the tenant either to contest the claim within fifteen days of the service of notice, or to pay the arrear into the Court within six weeks of the service of the notice, and shall state that if he fails to comply with the terms of the notice an order of ejectment will be passed.(3)If the tenant does not contest the claim and does not, within six weeks of the service of the notice or within such time as may be allowed under the provisions of sub-section (4) pay the amount into Court or the payment thereof is not certified under Order XXI, Rule 2 of the Code of Civil Procedure, 1908, the Court shall forthwith pass an order that he may be ejected.(4)The tahsildar may from time to time, for reasons to be recorded, extend the time for payment, provided that the total period allowed for payment shall not exceed six months.(5)If the tenant contents the claim, the application for 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. If the tahsildar is not competent to try the suit, he shall forward it to the Assistant Collector incharge of the sub-division.
