Legal Document View

Unlock Advanced Research with PRISMAI

- Know your Kanoon - Doc Gen Hub - Counter Argument - Case Predict AI - Talk with IK Doc - ...
Upgrade to Premium
[Cites 0, Cited by 5] [Entire Act]

Chota Nagpur Division - Section

Section 144 in Chota Nagpur Tenancy Act, 1908

144. Additional particulars required in statement of claim in certain suits and in certain applications - (1) In all suits and applications before the Deputy Commissioner for the recovery of an arrear of rent or for the ejectment of a tenant from any tenure or holding or for the recovery of occupancy or possession of any tenure or holding, the statement of or application shall contain, in addition to the particulars required by Section 143,-

(a)a specification of situation and designation of the land held by the tenant, and(b)a specification of the extent and boundaries of such land, or (if the plaintiff is unable to specify the extent or boundaries) a description sufficient for the identification of the land.
(2)In all suits and applications referred to in sub-section (1), and in all other suits and applications before the Deputy Commissioner under this Act relating to the rent of land or to any right or easement arising out of land.If a survey has been made and a record-of-rights has been finally published under this Act or under any law in force before the commencement of this Act, in respect of the land to which the suit or application relates,the statement of claim on application shall further contain the following particulars, namely,-
(i)a list of the survey plots comprised in the tenancy,
(ii)a statement of the rental of the tenancy according to the record-of-rights, and
(iii)a copy of all entries in the record-of-rights, in regard to the subject-matter of the suit or application, unless the Deputy Commissioner is satisfied for reasons to be recorded in writing that it is not necessary that such particulars or any of them should be furnished or that the plaintiff was prevented by any sufficient cause from furnishing such particulars or any of them :
Provided that in all cases in which the Deputy Commissioner admits a statement of claim or application which does not contain the said particulars, he may direct the supply, without payment of fee of a verified or certified copy of, or extract from, the record-of-rights relating to the tenancy and the question in dispute in the suit or application.
(3)Where since the record-of-rights was prepared and finally published an alteration has been made in the area of the tenancy, the statement of claim must further show how the amount of the rent claimed in the suit has been calculated.