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State of Assam - Section

Section 51 in Assam (Temporarily Settled Areas) Tenancy Act 1971

51. Grounds of ejectment.

(1)An occupancy tenant shall not be ejected by his landlord from his holding except in execution of a decree for ejectment passed on the ground that he has used the land comprised in his holding in a manner which renders it unfit for the purpose of the tenancy.
(2)Any tenant, not being an occupancy tenant, shall not be ejected from the land of his tenancy except in execution of a decree for ejectment passed on any one or more of the following grounds, namely"
(a)that he has used the land comprised in his holding in a manner which renders it unfit for the purposes of the J tenancy;
(b)that he has broken a condition of his tenancy consistent with the provisions of this Act, and on the breach of which he is, under the terms of the contract between himself and his landlord, liable to be ejected;
(c)that he has failed to pay the arrear of rent; and
(d)that the land is bona fide required by the landlord for his personal cultivation. No suit for ejectment on this ground shall be entertained before the expiry of 12 months, or after the expiry of 15 months for the date of creation of tenancy :
Provided that if the tenant has elsewhere got no land or has lands less than 10 bighas in area, then he shall not be ejected on this ground unless he has been left with so much areas as will make the total of his holding equal to 10 bighas :Provided further that if the landlord does not cultivate the land personally within one year of the date of ejection of the tenant then the tenant shall be restored to his possession. .