Section 65 in Rajasthan Tenancy (Government) Rules, 1955
65. Procedure For Ejectment Of Khudkasht And Ghair Khatedars Tenants Or Sub-Tenants [Under Section 180(2) Of The Act,] [Inserted By Am. Notification No. F. 5(7) Revenue/Gr. 4/76/13, Dated 2-5-1981, Published in Rajasthan Government Gazette, IV-C(I) Extraordinary, Dated 2-5-1981, p. 19.].
- In Proceedings [Under Section 180(2) Of The Act,] [Substituted By Am. Notification No. F. 5(7) Revenue/Gr. 4/76/13, Dated 2-5-1981, Published in Rajasthan Government Gazette, IV-C(I) Extraordinary, Dated 2-5-1981, p. 19.] Where There Are More Tenants Or Sub-Tenants Than One, Whose Ejectment Is Applied For By The Landholder Or Where The Area Held By The Tenant Or Sub-Tenant Is In Excess Of The Area From Which Ejectment Can Be Sought Under Clause (D) Of Section 180, The Court Shall, In Ordering Ejectment, Be Guided By The Following Principles :-(a)If the requirements of the land-holder can be satisfied from the area held by tenants or sub-tenants holding more area than the minimum prescribed by the Government the tenants or subtenants holding area less than the prescribed minimum shall be exempted, and proceedings shall be taken against the rest.(b)Other things being equal, the tenant who has sub-let his holding in contravention of the provisions of the Act, in whole or in part as the case may be, shall be ejected.(c)If the requirements of the land-holder cannot be satisfied as provided in sub-clauses (a) and (b) above, then the land which forms the Jav of masonary well constructed by the land holder at his own expense, whether held by the tenant of Khudkasht or Ghair Khatedar Tenant, shall be proceeded against.(d)The incidence of ejectment which has been determined in accordance with the above principles shall be distributed evenly and fairly as far as possible; upon the tenants or sub-tenants concerned regard being had to the size and value of each holding and the different categories of land included therein.(e)The area from which a tenant or sub-tenant is to be ejected shall, so far as possible be selected in such manner as to leave the remaining land, if any, in a compact block.
