Liability of tenants to be ejected

[(1) Notwithstanding anything contained in any other law for the time being in force, no landowner shall be competent to eject a tenant except when such tenant—

1. (i) is a tenant on the area reserved under this Act or is a tenant of a small landowner ;
2. (ii) fails to pay rent regularly without sufficient cause ; [or]
3. (iii) is in arrears of rent at the commencement of this Act ; [or]
4. (iv) has failed, or fails, without sufficient cause, to cultivate the land comprised in his tenancy in the manner or to the extent customary in the locality in which the land is situate ; [or]
5. (v) has used, or uses the land comprised in his tenancy in a manner which has rendered, or renders it unfit for the purpose for which he holds it ; [or]
6. (vi) has sub-let the tenancy or a part thereof ; provided that where only a part of the tenancy has been sub-let, the tenant shall be liable to be ejected only from such part ; [or]
7. (vii) refuses to execute a Qabuliyat or a Patta, in the form prescribed, in respect of his tenancy on being called upon to do so by an Assistant Collector on an application made to him for this purpose by the landowner. Explanation.—For the purposes of clause (iii), a tenant shall be deemed to be in arrears of rent at the commencement of this Act, only if the payment of arrears is not made by the tenant within a period of two months from the date of notice of the execution of decree or order, directing him to pay such arrears of rent].

1. (2) Notwithstanding anything contained hereinbelow a tenant shall also be liable to be ejected from any area which he holds in any capacity whatever in excess of the permissible area : Provided that the portion of the tenancy from which such tenant can be ejected shall be determined at his option only if the area of his tenancy under the landowner concerned is in excess of the area from which he can be ejected by the said landowner : Provided further that if the tenant holds land from several landowners and more than one landowner seeks his ejectment, the right to ejectment shall be exercisable in the order in which the applications have been filed or suits have been filed by the landowners and in case of simultaneous applications or suits the priority for ejectment shall commence serially from the smallest landowner. Explanation.—Where a tenant holds land jointly with other tenants, his share in the joint tenancy shall be taken into account in computing the area held by him.