Application for possession of land made to different Tahsildars to be heard by designated Tahsildar.

Civil1958152 sections

Statutory text

(1) If in the course of the hearing of an application for possession of any land made by a landlord under 1[sections 38, 39 or 39A], the Tahsildar of one area finds that the landlord had made a similar application to the Tahsildar of another area for possession of other land held by him in that area, then the Tahsildar shall refer the case to the Collector if the other land is in the same district, and to the Commissioner if the other land is in another district.
(2) On receipt of the reference the Collector or the Commissioner, as the case may be, shall-
- (a) call for the proceedings of the other application from the Tahsildar concerned;
- (b) having regard, among other matters, to the extent of the land of which possession is sought under the different applications, transfer all the applications and proceedings to one of the Tahsildars for hearing and disposal; and
- (c) give an intimation of the transfer to the Tahsildar, the landlord and the tenants concerned.
(3) The Tahsildar to whom the applications are so transferred shall exercise jurisdiction in respect thereof under this Act: Provided that any order to be issued to village officers under sub-section (2) of section 106 shall be issued by or through the Tahsildar to whom such village officers are subordinate.

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