15. Contract, agreement or eviction to defeat the provisions of the Act (Section 18).
(1)The application by a tenant or sub-tenant to regain possession under sub-section (2) of Section 18 shall be in the form of a plaint which shall comply with the rules contained in order VI and VII of the Code of Civil Procedure, 1908, and shall also contain the following particulars-(a)details of land held by the applicant immediately before the 1st of July, 1950, i.e. the Khasra number of plots, their areas village, assessment circle in which they are situate, the nature of tenure and the annual rent;(b)corresponding entry of the year immediately before the commencement of the Act in respect of each one of the plots mentioned in Clause (a) showing the person or persons in possession, area, nature of tenure and annual rent or in case where the land is follow, the fact of its being so.The plaint shall be accompanied by certified extracts of the Khasra and the Khatauni for the years in question.(2)On receipt of the application, the Revenue Assistant shall summon all the persons concerned including the representative of the Gaon Panchayat, if necessary and send for the Patwari with the relevant records, verify the entries and made such enquiry as may be deemed necessary in this connection. If the ejectment of the proprietor or land holder is ordered the Revenue Assistant shall direct that the applicant be put in possession and make necessary corrections in the tenure registers. He shall also take action under Rules 7 and 8, if necessary. For the purposes of calculating the land revenue of the applicant, when he is a declared Bhumidhar, his former rent shall be taken into consideration. Where only a part of his former holding has been restored to him, the rent payable for that part shall bear the same proportion to the rent previously payable for the whole holding as the valuation of the part restored at the prevailing village rate of rent bears to the valuation of the whole at prevailing village rate of rent, with due regard to the class of soil.(3)If the ejectment is ordered from only a portion of a plot, the Revenue Assistant shall demarcate such portion at the expense of the applicant.
