Section 26 in The Assam Fixation of Ceiling on Land Holdings Rules, 1957
26. Procedure for restoration under Section 25 of possession of an ejected tenant.
(1)A tenant ejected under the preceding rule who is entitled to restoration of possession under the provisions of Section 25 shall, if he wants restoration, apply to the Civil Court having territorial jurisdiction over the land for putting him back in possession stating-(a)the date on which the landlord took over possession from him ;(b)the ground on which the tenant was ejected ;(c)whether the land remain fallow for one year from the date of taking over the possession by the landlord ;(d)if it was cultivated within one year from the date of taking over possession by the landlord, the name of the person who actually cultivated it and what is his relationship to the landlord (i.e., whether he was a tenant, servant, hired labour, or a member of his family ) ;(e)whether the land was sub-let to others within 2 years from the date of taking over the possession by the landlord.(2)The Court shall thereupon proceed to dispose of the application in the manner for a suit for restitution of possession of immovable property under the Code of Civil Procedure, 1908.(3)If the Court passes an order for restoration of possession, it shall also order whether the whole or any part of the compensation paid by the landlord to the tenant under the provisions of sub-rule (3) of Rule 25 shall be returned to the landlord, and if so, the amount to be so returned.(4)In case of order for restoration of possession the tenant shall be put back in actual possession of the land in the manner provided in Rule 35 of Order XXI of Schedule I of the Code of Civil Procedure, 1908.
