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Showing contexts for: ejectment execution in Jyotirindra Narayana Sinha Choudhury ... vs The State Of Assam on 2 July, 1952Matching Fragments
8. There have been no ejectments of tenants in any of the estates except Mechpara. In this estate there were three cases of ejectment in 1946-47 and three in 1948-49. Action is generally taken in all estates under Section 68 of the G. T. Act. Under this section though occupancy tenants are not liable to ejectment for arrears of rent, the tenancies are liable to be sold in execution of decrees for arrears of rent. A non-occupancy tenant is liable to ejectment on the ground that he has failed to pay up arrears of rent. It appears that even non-occupancy tenants are not generally ejected under Section 69. The procedure provided by Section 68 suits the landlord better. He can realize arrears of rent and evict the tenant as well. The tenancy may be purchased by the landlord in execution of the rent decree in the absence of a third party wanting to purchase it. In that case the tenant if he has not left already is dispossessed in execution. If the third party purchases the tenancy there is a substitution of the tenant. The result is a continuance of the tenancy which is to the interest of the landlord. When the landlord purchases the tenancy himself he resettles it. Salamis received on settlement of estate purchased lands are shown in column 6, vide Annexure I to this order. (Omitted from this report.--Ed.)
24. The element of recurrence also is not wholly wanting. Tenants are being evicted every year in each estate. The evictions take place in execution of rent decrees. Resettlements follow as a matter of course. There are abandonments also though they may be few and there may not be any settlements of abandoned holdings in certain years. Income by way of Salami can possibly recur in respect of the same plot. There is not merely an ex pectation of recurrence. It does recur obviously in a very large number of cases, for every ejectment in execution of a rent decree gives rise to an occasion for a resettlement and resettlements of estate purchased lands are as numerous and frequent as settlements of waste lands.