99Procedure for ejectment on other grounds

(1) When a landholder desires to eject a tenant on one or more of the grounds specified in clauses (b) to (c) of section 96, he shall file an application in the court of the sub-divisional officer containing such particulars as may be prescribed.

(2) If the sub-divisional officer finds that the tenants is liable to ejectment, he shall pass a conditional order for his ejectment either from the entire holding or from such portion thereof, as, having regard to all the circumstances of the case, he considers desirable and shall also direct that--

(i) in the case of an order under clause (b), (c) or (d) of section 96, the tenant shall repair the damage, or pay such compensation as the court may direct within two months from the date of the order, or such further time as the court may, for reasons to be recorded allow; and

(ii) in the case of an order under clause (e) of that section, the tenant shall obtain surrender of, or eject the sub-lessee or other transferee from, the holding or part thereof which is sub-let or otherwise transferred in contravention of the provisions of this Act and resume possession of such holding or part, as the case may be, within such time as the court may specify.

(3) If the sub-divisional officer is satisfied that the tenant has complied with the order passed under sub-section (2), he shall cancel the order of ejectment, but if he is not so satisfied, he shall make the order of ejectment absolute and shall, in either case, submit the record for confirmation of the order passed by him to the collector:

Provided that no application for ejectment shall be entertained on the ground mentioned in clause (c) of section 96, if the landholder has recovered under section 85 the arrears of rent for the period the tenant has failed to cultivate his holding.