Ejectment

Sec – 161- Ejectment to be in accordance with the Act — No tenant shall be ejected from his
holding otherwise than in accordance with the provisions of this Act.

Shishupal singh v. Ramswarooop 1957 - If you want to remove the tenant then only do it in this manner.

Deendayal v. Rajkumari 1949 - Tenant cannot be evicted for not paying rent

Grounds of ejectment

174. Ejectment in execution of decree for arrears of rent — (1) A decree for arrears of rent
passed in a suit under Chapter X may be executed, in addition to any other mode of execution
permissible under the law, by ejectment of the tenant from his holding.

no tenant shall be liable to ejectment unless recourse has been had to all other modes of execution
and the decree has not been completely satisfied by any such mode within two years from the date
of such decree.

[2] the landholder may apply to the court which passed the decree for the issue of a notice to the
tenant for payment of the amount due under the decree and for his ejectment in case of default,

[3] the court shall issue a notice stating the amount due under the decree and requiring the tenant
within two months from the service thereof to pay such amount in court or in case of default to
show-cause why he should not be ejected from his holding and to state whether in case an order for
his ejectment is passed he claims compensation on account of any improvements made by him.

The court may, on the application of the tenant, (i) from time to time extend the time for payment of
the amount due under the decree, provided that the extended period shall in no case exceed three
months, or (ii) allow payment thereof by such instalments as it may fix

If the tenant appears and claims that he is not liable to ejectment on any other ground, the court
shall decide such claim.

GOVIND NARAYAN V. MADAN MOHAN 1960 - A tenant cannot be evicted when rent is due unless
all remedies have been exhausted.

175. Ejectment for illegal transfer or sub-letting— (1) If a tenant transfers or sub-lets, or executes
an instrument purporting to transfer or sub-let, the whole or any part of his holding otherwise than
in accordance with the provisions of this Act both the tenant and any person who may have thus
obtained or may thus be in possession of the holding or any part of the holding, shall on the
application of the land holder, be liable to ejectment from the area so transferred or sub-let or
purported to be transferred or sub-let.

DHANRAJ V. STATE GOVT. OF RAJASTHAN 1993

177. Ejectment for detrimental act or breach of condition— (1) A tenant shall on the application of
the landholder, be liable to ejectment from his holding— (a) on the ground of any act or omission
detrimental to the land in that holding or inconsistent with the purpose for which it was let, or (b) on
the ground that he or any person holding from him has broken a condition on the breach of which
he is, by special contract which is not contrary to the provisions of this Act, liable to be ejected:

the planting of trees or the making of an improvement in accordance with the provisions of this Act
shall not constitute a ground for ejectment under this section.

JAISARAM V. PREMALAL - If you do not cultivate the land given to KHUDKASTH, it will be considered
as breach of contract.

183. Ejectment of certain trespasser - a trespasser who has taken or retained possession of any
land without lawful authority shall be liable to ejectment, on the suit of the person or persons
entitled to eject him and shall be further liable to pay as penalty for each agricultural year during the
whole or any part whereof he has been in such possession, a sum which may extend to fifteen times
the annual rent.

183 (a) After the expiry of the period of mortgage.

Remedies for wrongful ejectment

187. Remedies for wrongful ejectment — (1) Any tenant ejected from or prevented from obtained
possession of his holding or any part thereof may sue the person so ejecting him or keeping him out
of possession for all or any of the following reliefs, namely:—

(i) for possession of holding ;

(ii) for compensation for wrongful ejectment or dispossession ;

(iii) for compensation for any improvement he may have made.

[2] If the decree is for possession no compensation for any improvement shall be awarded and such
decree shall also be subject to refund

[3] Where a decree is passed for compensation for wrongful ejectment or dispossession and not for
possession, the compensation awarded shall be for the whole period during which the ejected or
dispossessed tenant was entitled to remain in possession.

[4] A tenant who has sued for possession only shall not be entitled to institute a separate suit for
compensation for wrongful ejectment or for an improvement in respect of the same cause of action.
187B. Summary suit for reinstatement based on possession-, [1] any tenant, who, without his
consent, is ejected from, or dispossessed of, his holding or any part thereof otherwise than in due
course of law, may bring a suit praying for the reinstatement in such holding or part and recovery
possession thereof, notwithstanding any other title that may be set up in such suit. (2) Nothing in
this section shall bar any person from suing to establish his title to such holding or part and to
recover possession thereof. (3) No suit under this section shall be brought against the Central
Government or any State Government. (4) No appeal shall lie from any order or decree passed in a
suit under this section nor shall any review of such order or decree be allowed. (5) The provisions of
section 184 shall not apply to a decree or order passed under this section. 188. Injunction against
wrongful.

188. Injunction against wrongful ejectment— (1) Any tenant whose right to or enjoyment of the
whole or a part of his holding is invaded or threatened to be invaded by his landholder or any other
person may bring a suit for the grant of a perpetual injunction. (2) The court may after making the
necessary enquiry grant a perpetual injunction in the following cases, namely- (a) if there exist no
standard for ascertaining the actual damage caused or likely to be caused by the invasion; (b) if the
invasion is such that pecuniary compensation does not afford adequate relief; (c) where it is
probable that pecuniary compensation cannot be got for the invasion. (d) where the injunction is
necessary to prevent a multiplicity of proceedings.

169. Issue of notice' for payment of arrears and for ejectment in default— (1) Whenever rent due
from a tenant is in arrear for two years or for a longer period, the Tehsildar may, in case of land held
directly from the State Government and on the application of landholder issue a notice to such
tenant calling upon him within thirty days of the service of the notice to pay the amount of the
arrear or to appear and admit or contest the same.