Section 174 in Ajmer Abolition of Intermediaries And Land Reforms Act, 1955
174. Ejectment in execution of decree for arrears of rent
(1) A decree for arrears of rent passed in a suit under Chapter X may be executed, in addition to any other mode of execution permissible under the law, by ejectment of the tenant from his holding.Provided that no tenant shall be liable to ejectment unless recourse has been had to all other modes of execution and the decree has not been completely satisfied by any such mode within two years from the date of such decree.(2)subject to the proviso to sub-section (1), the landholder may apply to the court which passed the decree for the issue of a notice to the tenant for payment of the amount due under the decree and for his ejectment in case of default,(3)Upon receipt of an application under sub-section (2), the court shall issue a notice stating the amount due under the decree and requiring the tenant within two months from the service thereof to pay such amount in court or in case of default to show-cause why he should not be ejected from his holding and to state whether in case an order for his ejectment is passed he claims compensation on account of any improvements made by him.(4)If the amount is so paid the court shall record satisfaction on the decree and grant a receipt therefor, which shall operate as an acquittance for the amount deposited as if such amount had been received by the decree-holder and shall pay such amount to the decree-holder.(5)The court may, on the application of the tenant,(i)from time to time extend the time for payment of the amount due under the decree, provided that the extended period shall in no case exceed three months, or(ii)allow payment thereof by such instalments as it may fix.(6)If the tenant appears and claims that the decree may be lawfully executed by any other mode to be specified by him, the court shall, without requiring another application in that behalf, proceed in accordance with law to execute the decree by such other mode.(7)If the tenant appears and claims that he is not liable to ejectment on any other ground, the court shall decide such claim.(8)If the tenant does not appear in response to the notice issued under sub-section (2) or he appears but does not pay the decretal amount or does not apply under sub-section (5) for extension of time or for permission for payment by instalments or, having so applied, does not pay the decretal amount within the extended time or by fixed instalments or does not claim non-liability to ejectment under subsection (6), or sub-section (7) or if the mode of execution specified by the tenant under sub-section (6) has proved infructuous or his claim under sub-section (7) has been rejected, the court shall pass an order that he be ejected from his holding:Provided that, where the court seized of the proceedings under this section is inferior in grade of an Assistant Collector it shall not pass the order for such ejectment but shall submit the proceedings for the orders of the Assistant Collector who shall, after perusing the same and making such further enquiry and 'taking such further action as he may consider necessary and proper in the circumstances of the case either reject the application for ejectment or pass an order for the ejectment of the tenant from his holding.(9)When an order for the ejectment of a tenant from his holding has been passed under sub-section (8) he shall, if in attendance be again asked to state whether he claims compensation on account of any improvement made by him, and if he makes any such claim or has previously made any such claim in response to the notice issued under sub-section (2), the court shall proceed to assess the amount of such compensation and the payment thereof shall be regulated by the provision of section 165.(10)Ejectment of a tenant in pursuance of an order under sub-section (8) shall be subject to the provisions contained in section 166 and 168.(11)If within one month after the passing of an order under for ejectment the tenant deposits the decretal amount in court, the order for ejectment shall be cancelled, unless possession in pursuance thereof has been delivered to the landholder.
