Ejectment from land occupies illegally of land of a Bhumidhar or gram panchayat without the consent of owner.
A application filing before the SDM Jurisdiction of the land under following section according to land:-
- Ejectment of trespassers of Gram Panchayat land section 136 of up land Revenue Code.
- Section 134 of the up land Revenue Code 2006, Ejectment of persons occupying land without title.
- Remedies of wrongful ejectment section 137 of up land Revenue Code,
- Suits for ejectment against asami section 131 of up land Revenue Code.
- Bhumidhar with transferable rights can be ejected from his holding section 105.
How to Eject( bedakhal ) of persons occupying land without title up land?
- Under section 134 provides that where a person takes or retains possession of any land forming part of the holding of any bhumidhar or asami.
- Otherwise than in accordance with the provisions of the law for the time being in force.
- And without the consent of such bhumidhar or asami, such person shall be liable to ejectment.
- Ejectment on the suit of the bhumidhar or asami concerned, and shall also be liable to pay damages at the rate prescribed.
Who shall be impleaded as necessary parties in section 134 of up land Revenue ejectment?
Section 134 of the up land Revenue Code 2006 it’s sub Clause 2 provides about necessary parties.
Sub Section 2 of 134, To every suit relating to any land referred to sub section 134(1), the state govt. and Gram panchayat shall be impleaded as necessary parties.
When and How Asami can be ejectment section 131 of up land Revenue Code
Section 131 of the up land Revenue Code 2006, provide that, No asami shall be liable to ejectment from the land held by him, except on a suit of the land holder or Gram Panchayat.
- Asami interest extinguish
- Holding land term expired,
- Asami using land not permitted under s/84.
- Land holder wishes to bring land under his personal cultivation under s/95(1).
- Asami fail to pay to land holder.
What are Grounds of filing suits against asami for ejectment up land Revenue Code
The following grounds of filing the suits which may be filed on one or more are as :-
- (a) That the interest of the asami in the land held by him has extinguished under the provisions of this Code.
- (b) The asami was holding land from year to year or for a period which has already expired.
- Or will expire before the end of the current agricultural year.
- (c) That the asami is using the land for any purpose not permitted by Section 84.
- S/84 Rights of an asami for exclusive possession of his holding.
- (d) The land-holder was suffering from any of the disabilities referred to in sub-section (1) of Section 95.
- And either his disability has ceased or he wishes to bring the land under his personal cultivation.
- S/95 lease how made its termination and any dispute arising thereto.
- (e) That the asami was in arrears of rent for a period of more than one year and has failed to pay the same to the land-holder within a period of thirty days despite service of a notice of demand.
- (f) that the asami has transferred the whole or part of the land held by him in contravention of the provisions of this Code.
No notice to quit to the asami shall be necessary before filing a suit under this section. The land-holder may in a suit for ejectment also claim arrears of rent.
How can Gram panchayat or land holder injection or get compensation against asami instead of filing ejectment?
Section 133 of the up land Revenue Code injection, compensation etc, against asami, It is an alternative clause of ejectment under 131 of up land Revenue.
The gram panchayat or land holder can file suit against asami for injection etc, before court of SDO Jurisdiction of land, instead of filing suit of ejectment against asami under s/131.
- File suit before court of SDO sub Divisional officer for injection,
- Restraining asami from putting land to any unauthorized use or causing any waste or damage to it.
- Suit for compensation for such use, waste or damage of land against asami,
- File suit for repair of the waste or damages caused to land against asami.
What are Remedies of wrongful Ejectment of asami up land Revenue Code?
Asami May sue the person so ejecting him, trying to eject him or keeping him out of possession.
Under section 137 of Up land Revenue Code, Remedies of wrongful Ejectment, Asami may seek for possession of the land, for compensation for wrongful dispossession.
An Asami ejected, or prevented from obtaining possession of land, Otherwise than in accordance with provision of any law in force.
Describe Ejectment procedure of trespassers of Gram Panchayat land how ejected?
Under section 136 of the up land Revenue Code 2006, Ejectment of trespassers of Gram Panchayat land if possession is without consent of Gram Panchayat or local authority.
- The SDO sub Divisional officer may of his own motion make Ejectment or on application of Gram Panchayat or local authority, to the person who has possess without consent.
Which categories of land of gram panchayat person may be ejected? taungya plantation
Under section 136(2) of Up land Revenue Code, following categories of land namely,
- Any land entrusted or deemed to be entrusted to any gram panchayat or local authority under provision of this code.
- Land over which the gram panchayat or local authority is entitled to take possession under the Provisions of the code.
- Any land which belongs to or is owned or held by gram panchayat or local authority.
- That the asami is holding land specified in clause (d) or (e) of section 77, and that cultivation of crops in such land had become impossible.
- S/77(d) No person shall acquire the right of Bhumidhar in land such tracts of shifting or unstable cultivation which state Govt may by notification specify.
- (e) and declared by State government or set apart for taungya plantation.
- The asami was admitted to land under clause (d) of section 125 and gram panchayat proposes to use it for public purpose.
When Bhumidhar with transferable rights can be ejected from his holding?
According to Section 104 up land Revenue Code, any transfer made in violation, shall be void and thereafter the consequences mentioned under Section 105 are to follow.
Section 105(1) states that whenever any transfer is made in violation of this Code then the subject matter of such transfer shall vest in the State Government free from all encumbrances.
Section 105(2) states that where any land or other property has vested in the State Government under Section 105(1) then it shall be lawful for the Collector to take over possession of such land.
And to direct that any person occupying such land be evicted there from and for that purpose the Collector may use or cause to be used such force as may be necessary.
Thus a bhumidhar with transferable rights can be evicted from his holding under Section 105(2) if he transfers his holding in contravention of the Code.