94Adjustment of arrears and compensation on ejectment

(1) A court, deciding any proceeding under this Act by which a tenant is ejected from his holding or part thereof shall, before passing an order of ejectment, award the amount of compensation due to him on account of an improvement, a tree or a crop belonging to him and existing on such holding:

Provided that if, on the date of such order, no arrears of rent, decreed or undecreed, or irrigation dues are outstanding against him on account of such holding and there is a tree or crop upon the land, he may cut and remove such tree and, subject to such payment and such other terms as the court passing the order may specify, use such land for tending, gathering and removing such crop.

(2) If, on such date, any such arrears are outstanding against the tenant and the amount of compensation awarded to him under sub-section (1) exceeds the amount recoverable from him as such arrears, the order for ejectment shall be conditional on the payment into court by the landholder of the balance due to the tenant within such time as the court may direct; and if the amount of such compensation does not exceed such arrears, any claim for compensation made by the tenant shall be deemed to have been satisfied on his ejectment.