Mamlatdar's decision how executed. Proviso as to growing crops. Mode of serving injunction. Recovery of costs awarded. Disobedience to an injunction how punishable.

The Mamlatdar's Courts Act, 1906

Civil190627 sections

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Statutory text

(1) Where the Mamlatdar's decision is for 1[removal of an impediment or for] awarding possession or restoring a use, he shall give effect thereto by issuing such orders to the village officers, or to any subordinate under his control or otherwise as he thinks fit : Proviso as to growing crops.- Provided that, notwithstanding anything contained in this Act where at the time when a decision is recorded by the Mamlatdar for 2[removal of the impediment erected on any land or for] awarding possession of any land, there is a crop on such land which has been sown by, or at the expense of, the defendant, and the Mamlatdar is satisfied that it has been so sown in good faith, the Mamlatdar may, and if the defendant makes an application for the purpose and furnishes sufficient security, or deposits in Court a sufficient sum, for the payment of the costs of the suit, shall pass an order staying delivery of possession of such land to the plaintiff seeking possession thereof, either-
- (a) until the plaintiff agrees to take the crop at a valuation, to be made under the orders of the Mamlatdar according to the value of the crop at such time, including any instalments of the Government assessment which the defendant may have paid for the current year; or
- (b) where the plaintiff is unwilling to take the crop at such valuation until after the expiration of sufficient time for the crop to be gathered by the defendant. The amount of any valuation made under clause (a) of the proviso to this sub-section shall be paid to the defendant through the Mamlatdar, and shall be recoverable from the plaintiff as an arrear of land-revenue.
(2) Mode of serving injunction.- Whether the Mamlatdar's decision is for granting an injunction, he shall cause the same to be 3[prepared in the form of Schedule BB or C, as the case may be,] and shall deliver or tender the same then and there to the defendant, if present, or if the defendant is not present, shall send it to the village-officers, or to any subordinate under his control, to be served upon the defendant.
(3) Recovery of costs awarded.- Where the Mamlatdar awards costs, such costs, together with the costs of execution, shall be recoverable from the party ordered to pay them as an arrear of land-revenue.
(4) Disobedience to an injunction how punishable.- Any person disobeying an injunction granted under sub-section (2) shall be punishable under section 188 of the 4[Indian Penal Code (XLV of 1860).]

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