Section 27 in The Assam Fixation of Ceiling on Land Holdings Act, 1956
27. Landlord to select the area for resumption and tenants of lands not selected for resumption for personal cultivation not liable to ejection.
(1)A landlord who wants to resume any land for personal cultivation under Section 23 shall give notice to his tenant to that effect and thereupon the tenant shall select the area under his occupation which he is entitled to retain under the provisions of this Act, and shall inform the landlord in writing within 30 days of the notice.(2)The landlord may then, out of the area not so selected by the tenants, choose the area which he is entitled to resume, and may terminate the tenancy thereof after giving the tenant not less than 60 days' notice in writing.(3)If no information as required under sub-section (1) above is received by the landlord within 45 days of the service of notice, the landlord shall be entitled to select, in his discretion, the land for resumption under Section 23, and to terminate the tenancy thereof after giving the tenant not less than 60 days' notice in writing.(4)Notwithstanding to the contrary in any law or contract, no tenant of the land which has not been selected and demarcated for resumption for personal cultivation by the landlord under sub-sections above and no tenant of the land which has been selected for resumption by the landlord but the proceeding for ejection wherefrom has not been instituted within the period mentioned in Section 24 of this Act, shall be ejected except on the grounds mentioned below and after giving at least 30 days' notice in writing-(a)that he has done any act which is destructive or permanently injurious to the land failed to repair the damage within 90 days of service of notice given by the landlord ; or(b)that he has failed to pay the rent lawfully due to the landlord within 90 days of its becoming due ; or(c)that he has kept the land fallow for two consecutive years without any reasonable ground.
