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State of Odisha - Section

Section 98 in The Orissa Tenancy Act, 1913

98. Abandonment.

(1)If a non-resident or a resident raiyat who voluntarily abandons his residence in the village, ceases to cultivate his holding either by himself or some other person, without giving notice to his landlord and without arranging for payment of his rent as it falls due, the landlord may, at any time after the expiration of the agricultural year in which the raiyat thus ceases to cultivate, enter on the holding and let it to another tenant, or take it into cultivation himself.
(2)Before a landlord enters under this Section, he shall file a notice in the prescribed form in the Collector's office stating that he has treated the holding as abandoned and is about to enter on it accordingly; and the Collector shall cause a notice to be published in such manner as the State Government may, by Rule, direct.
(3)When a landlord enters under this Section, the raiyat shall be entitled to institute a suit for recovery of possession of the land at any time not later than the expiration of two years, or, in the case of a non-occupancy raiyat, six months from the date of the publication of the notice; and thereupon the Court may, on being satisfied that the raiyat did not voluntarily abandon his holding, order recovery of possession on such terms (if any) with respect to compensation to, persons injured and payment of rent as to the Court may seem just.
(4)When the whole or part of a holding has been sub-let by a registered instrument, the landlord shall, before entering under this Section, on the holding, offer the whole holding to the sub-lessee for the remainder of the term of sub-lease as the rent paid by the raiyat who has ceased to cultivate the holding, and on condition of the sub-lessee paying up all arrears due from that raiyat. If the sub-lessee refuses or neglects within a reasonable time to accept the offer, the landlord may avoid the sub-lease and may enter on the holding and let it to another tenant or cultivate it himself as provided in Sub-sections (1) and (2).Sub-division of tenancy