Vidhi Codex

section 5

Manner of Eviction from demised premises in certain cases

Andhra Pradesh Government Lands and Buildings (Termination of Leases) Act, 1986
General198612 sections
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Statutory text
  1. (1) Where any person fails or refuses to vacate and deliver possession of the demised premises under Section 4, the Estate Officer in case of a building, and the Mandal Revenue Officer in case of a building, and the Mandal Revenue Officer in case of a land shall serve an order of eviction in the manner prescribed on the person in occupation of the demised premises or on his agent requiring him to vacate and deliver possession thereof within such time as may be specified in such order and after the receipt of such order the person in occupation of the demised premises shall vacate the same and deliver possession thereof to the Estate Officer or as the case may be to the Mandal Revenue Officer within such time as may be specified in such order.
  2. (2) Where the person in occupation of the demised premises fails to vacate the premises within the time specified in sub-section (1) the Estate Officer, or as the case may be the Mandal Revenue Officer, may take possession of the demised premises from the person in occupation thereof and where any such officer is resisted in the exercise of such power or discharge of such duty, the Magistrate having jurisdiction shall, on a written requisition from such officer, direct any police officer not below the rank of a Sub-Inspector to render such help as may be necessary to enable the officer to exercise such power or discharge such duty.
  3. (3) Where the demised premises is a building of which possession is to be taken under this Act and the same is found locked, the Estate Officer may either cause the premises sealed or in the presence of two or more witnesses break or cause it to be taken open by its door, gate or other barriers and enter the premises: Provided that:
    • (a) no entry shall be made into or possession taken of a building before sunrise or after sunset;
    • (b) where any building is forced open an inventory of the articles found in the premises shall be taken in the presence of two or more witnesses.

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