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State of Rajasthan - Section

Section 177 in Ajmer Abolition of Intermediaries And Land Reforms Act, 1955

177. Ejectment for detrimental act or breach of condition

— (1) A tenant shall on the application of the landholder, be liable to ejectment from his holding—(a)on the ground of any act or omission detrimental to the land in that holding or inconsistent with the purpose for which it was let, or(b)on the ground that he or any person holding from him has broken a condition on the breach of which he is, by special contract which is not contrary to the provisions of this Act, liable to be ejected:Provided that the planting of trees or the making of an improvement in accordance with the provisions of this Act shall not constitute a ground for ejectment under this section.
(2)To every application under this section, any person claiming through the tenant may be joined as party and where the cause of action is based wholly or partly on any act or omission or breach of condition by a transferee or sub-lessee of the tenant, such transferee or sub-lessee shall be joined as a party.
(3)On an application being made under this section, the court shall issue a notice to the opposite party to appear within such time as may be specified therein and show-cause why he should not be ejected from the holding.
(4)If appearance is made within the time specified in the notice and the liability to ejectment is contested, the court shall, on payment of the proper court fees, treat the application to be plaint and proceed with the case as a suit:Provided that in the event of the application having been made by a Tehsildar in respect of land held directly from the State Government no court-fees --shall be payable.
(5)If no such appearance is made or if appearance is made but the liability to ejectment is not contested the court shall pass such order on the application as it may deem proper.