Ground of eviction of tenant

Ground of eviction of tenant -

1. (1) A landlord may evict his tenant only if such tenant -
   • (a) has used the land in a manner which renders it unfit for purposes of agriculture; or
   • (b) has failed to cultivate the land properly, or personally; or
   • (c) has failed to pay or deliver to the landlord, the rent within a period of two months from the last day by which it becomes payable, there being no dispute regarding the quantum of such rent.
2. (2) Without prejudice to the provisions of sub-section
3. (1) but subject to the provisions of sub-sections
4. (4) and (5), a tenant shall cease to have the right to cultivate the land -
   • (a) in any case where the landlord is a person under disability at the end of the year during which the disability ceases; and
   • (b) in any case where the landlord being a privileged raiyat or a person under disability, ceases to be the landlord at the end of the year during which such cessor takes place. Provided that in the case of transfer of the land by any such land lord, the tenant shall not cease to have the right to cultivate the land until after the expiry of a period of six months from the date of service of a notice in the prescribed form by the landlord on the tenant intimating him the particulars of the transfer and where the said period terminates on a day prior to the last day of a year, the cessation of the right of the tenant to cultivate the land shall take place at the end of that year: Provided further that where the landlord -
     • (i) being a person under disability, ceases to be the landlord by reason of transfer of the land in favour of another person under disability, or
     • (ii) being a privileged raiyat referred to in sub-clause (b), (c),
   • (d) or
   • (e) of clause
5. (24) of section 2, ceases to be the landlord by reason of transfer of the land in favour of any person, the tenant shall not cease to have the right to cultivate the land, but shall, subject to the other provisions of this section continue as a tenant under the transferee. Explanation - Where a person ceases to be a person under disability as a consequence of amendment of clause
6. (21) of section 2 by the Orissa Land Reforms (Second Amendment) Act, 1975, such cessation shall be construed as cessation of disability for the purposes of clause (a)
7. (3) Where the landlord specified in clause
   • (a) of sub-section
8. (2) or the succeeding raiyat, if any, in pursuance of clause
   • (b) of the said sub-section, as the case may be, fails to resume the land for personal cultivation at the end of the year specified in the said clause such landlord shall be deemed to have failed to cultivate the land personally and shall be liable to eviction under the provisions of section 8.
9. (4) Where the landlord, being a person under disability within the meaning of sub-clause
   • (e) or sub-clause
   • (f) of clause
10. (21) of section 2, ceases to be a person under disability by reason of acquisition of additional land through inheritance, bequest, gift, purchase or otherwise, he shall not be entitled to evict any tenant holding any land under him, but may resume lands for personal cultivation in accordance with the provisions contained in Chapter III and the tenant shall be entitled to acquisition of rayati right in respect of the non-resumable land in accordance with the said Chapter.
11. (5) For the purposes of sub-section
12. (4) the provisions contained in sections 24 to 36 (both inclusive) shall, so far as may be, apply subject to the modification that the period of limitation in respect of an application to be made under section 26, either by the landlord or by the tenant, shall be six months from the date of such acquisition of additional land.