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State of Rajasthan - Section

Section 183A in Ajmer Abolition of Intermediaries And Land Reforms Act, 1955

183A. Summary eviction of mortgagee on non-delivery of possession of land after the expiry of the period of mortgage

— (1) If the mortgagee does not deliver possession of the land as provide in sub-sections (3), (4) or (4-A) of section 43, the mortgagor may make an application within twelve years from the' date of the expiry of the period of mortgage, and where such period is deemed to have expired under sub-section (4-A), of section 43 before the commencement of the Rajasthan Tenancy (Amendment) Ordinance, 1978 within twelve years of such commencement, to the Assistant Collector within whose jurisdiction the land or major portion thereof is situate, and the Assistant Collector shall, after giving a reasonable opportunity to the parties of being heard, conclude the inquiry in a summary manner as far as may be practicable within a period of three months from the date of the appearance of the parties before it and after pass an order of delivery of possession of the land to the mortgagor.
(2)While passing the order under subsection (I), the Assistant Collector may a so determine the amount of mesne profits payable by the mortgagee to the mortgagor for the period the mortgagee has remained in possession of the land beyond the period specified in subsections (4) or (4-D) of Section 43 and the rate. at which the mesne profit shall be payable in future till the mortgagee delivers possession of the land and order for the payment of the same.