Section 25 of The Central Provinces Tenancy Act, 1898 in hindi
If, while the notice is in force, the landlord institutes a suit for the recovery of the rent, the notice shall continue in force until the Court trying the suit otherwhile directs; and, if the landlord obtains a decree in the suit, the amount of that decree shall be the first charge upon the produce.
Summary
- The single most important thing this section does is explain how filing a rent lawsuit impacts an active crop removal notice.
- If a landlord starts a lawsuit to recover the unpaid rent while the prohibition notice is active, the notice automatically continues in force.
- The notice stays in place throughout the duration of the lawsuit unless the Court trying the suit specifically directs otherwise.
- Should the landlord obtain a winning decree in that lawsuit, the awarded amount legally becomes the very first charge upon the restricted produce.
Practical examples
FAQ
1. Does a crop removal notice expire if the landlord sues for rent under Section 25 of the Tenancy Act?
No, under Section 25 of the Tenancy Act, if the landlord institutes a suit while the notice is in force, the notice continues in force.
2. Who has the power to lift the prohibition notice during a lawsuit under Section 25 of the 1898 Act?
According to Section 25 of the 1898 Act, the Court trying the suit has the power to direct otherwise and lift the notice.
3. What happens if a landlord wins the rent lawsuit under Section 25 of the Central Provinces Tenancy law?
Section 25 of the Central Provinces Tenancy law states that if the landlord obtains a decree, the amount of that decree shall be the first charge upon the produce.
Test yourself
Q1.What happens to an active prohibition notice when a landlord files a suit for rent recovery?
Q2.What status does the landlord's decree get regarding the produce if they win the lawsuit?
Q3.Which authority has the direct power to end the notice while the rent lawsuit is ongoing?
Q4.A landlord issues a prohibition notice for rent that has been unpaid for two years. He then files a suit for this rent. Under the rules connecting Section 24 and Section 25, does the lawsuit legally lock the crops with a first charge?