Section 25 in The Assam Fixation of Ceiling on Land Holdings Rules, 1957
25. Procedure for resumption of land from tenant by landlord for personal cultivation under Section 23.
(1)A landlord who desires to resume under provisions of Section 23, any land from his tenant other than any adhiar (crop-sharer) for his (landlord's ) personal cultivation shall apply to the Civil Court having territorial jurisdiction of the land stating-(a)the area and description of the land to be resumed ;(b)the name of the tenant who is in occupation of the land ;(c)the aggregate area of land already held under the personal cultivation by the landlord or any member of his family ;(d)whether notice under sub-section (1) of Section 27 was duly given to the tenant and whether the tenant has selected the area which he is entitled to retain under the provisions of Section 23 ;(e)whether the landlord had given due notice of termination of the tenancy of the area selected by the landlord as acquired under sub-section (2) or (3) of Section 27 ;(f)what is the principal source of income of the landlord for his maintenance;(g)whether the tenant has acquired the right of occupancy ;(h)whether the landlord is (i) a minor, or (ii) a widow, or (iii) a person subject to any physical or mental disability, or (iv) a member of the Military, Naval or Air Forces of the Union ;(i)whether any improvement has been made by the tenant on land proposed to be resumed ;(j)whether the landlord has any residence in the village in which the land to be resumed is situate or in a nearly village within a distance of five miles from the land.(2)The Court shall thereupon proceed to dispose of the application in the manner of a suit for possession of immovable property under the Code of Civil Procedure, 1908.(3)If the Court passes an order for ejection of the tenant it shall also order whether the tenant shall be paid any compensation under the provisions of sub-section (2) of Section 26 for any improvement done by him in the land for which he has been ordered to be ejected, and if so, the amount of such compensation.(4)The ejection shall be carried out in the manner provided in Rule 35 of the Order XXI in Schedule 1 of the Code of Civil Procedure, 1908.
