6. Acquisition by landlords of their tenant's holdings under Section 50(5) and replacement in possession under Section 71 a tenant unlawfully ejected.
(1)(a)Whenever the Deputy Commissioner determines, under sub-section (5) of Section 50 of the Act, to give possession of land to a landlord on the tenant refusing to accept payment therefor, or under Section 71 of the Act to replace in possession of his tenancy or a portion thereof, a tenant who has been ejected therefrom, in contravention of Section 68, he shall issue a warrant to the Head Bailiff of his Court, directing him to cause possession of the land or the tenancy or portion of tenancy to be given to the landlord or to the tenant, as the case may be.(b)If the area included in a holding or a tenancy has been surveyed in the course of making a Government survey and record-of-rights, then the plot numbers of the lands consisting the holding or the tenancy or portion of tenancy shall be entered in the warrant.(2)The officer executing the warrant shall proclaim the substance thereof by beat of drum in places mentioned in clause (2) of Rule 5 above.(3)The said officer shall also affix a copy of the warrant to a tree standing in a conspicuous part of the land, or, if there is no suitable tree then to a pole firmly fixed in the ground in a conspicuous place and standing not less than eight feet above the ground.(4)The said officer shall, before giving possession, notify the substance of the warrant,-(a)to the tenant or the landlord, as the case may be, whom it is intended to dispossess, if he is residing in the village or can be found without unreasonable delay, or(b)if there be an agent of the tenant or of the landlord, as the case may be, in the village, then to such agent.(5)Immediately after possession, the said officer shall record, on the back of the warrant, the fact that he has given possession, and a description of the manner in which, and the persons in whose presence, possession was given.(6)He shall read the said record to two or more respectable and independent persons of the village, and shall ask them to witness the delivery of possession and to sign the record or affix their thumb-impressions to it, if correct, one of these persons should, if possible, be the headman of the village.(7)When possession is given of lands situate in different villages, the procedure prescribed by these rules shall be followed in each such village.(8)The said record shall then be forwarded without delay to the Deputy Commissioner who issued the warrant.
