Indian Kanoon - Search engine for Indian Law

17. Section 13 requires all the suits, appeals, proceedings in the execution of decree or order and other proceedings for the eviction of a mundkar or a person who has therein claimed to be a mundkar or for curtailment or for non enjoyment of any right mentioned in sub-section (1) of section 6 of the said Act pending in any Court on the appointed date, shall be transferred to the Mamlatdar within whose jurisdiction of the dwelling house, from which the eviction is sought, is situated. Under sub-sections (2) and (3) of section 13 of the said Act, the Mamlatdar is required to hold enquiry and to decide whether such a person sought to be evicted from the dwelling house is a mundkar or not, and in case of his decision in affirmative, the suit, appeal or other proceedings shall stand abated, otherwise in case of the negative declaration, the proceedings shall be re-transferred to the Court from which it was transferred to the Mamlatdar.