Section 166 in Ajmer Abolition of Intermediaries And Land Reforms Act, 1955
166. Right to crops and trees when ejectment takes effect
(1) If on the date of the delivery of possession in pursuance of a decree or order for ejectment of a tenant, there exist on the holding any un-gathered crops or any trees vested in the tenant, the court executing the decree or order shall determine the value of such crops or trees and proceed in the following manner:(a)If after deducting the compensation if any, assessed under section 164, the amount due from the tenant is equal to or greater than the value of such crops or trees, the court shall deliver possession of the holding to the landholder and all rights of the tenant is such crops or 'trees shall pass to the landholder;(b)If after deducting the compensation, if any, assessed under section 164, the amount due from the tenant is less than value of such crops or trees, and(i)the landholder pays the difference between such amount and such value to the tenant, the court shall deliver the possession of the holding to the landholder and all rights of the tenant in such crops or trees, shall pass to the landholder, or(ii)the landholder does not pay such difference:(a)where such value relates only to trees vested in the tenant or to such trees as well as un-gathered crops, the tenant shall not be liable to ejectment until his claims for such value has been satisfied, and<(b)where such value relates only to un-gathered crops, the court shall deliver possession of the holding to the landholder but the tenant shall have the right of tending, gathering and removing such crops, paying such compensation for the use and occupation of the land as the court may fix.(X X X)(1-A) On an application by the tenant or the landholder, the court executing the decree or order of ejectment by the tenant under the provision of clause (b) of subsection (1).(2)Nothing in this section shall apply to a trespasser ejected from land under the provisions of section 183 and any crops or trees existing on such land at the time of tie delivery of possession shall subject to tine provision contained in sub-section (2) of section 183 vest in the landholder.
