State Act

Rajasthan Tenancy Act, 1955

170. Procedure after issue of notice- (1) If the tenant does not appear or appears and admits the arrear claimed, the Tehsildar shall pass an order directing him to pay such arrear: Provided that, if the order is passed exparte, the tenant may apply for setting aside, such order, and if he satisfies the Tehsildar that either the notice was not served on him or he had sufficient cause for non-appearance on the date fixed, the Tehsildar shall set aside the order and shall proceed to hear the case in the manner hereinafter prescribed. (2) If the tenant appears and contests the claim for arrears, the notice shall on payment of the prior court-fee, be deemed to be suit for arrears of rent: Provided that- (i) In the event of such notice having been issued by the Tehsildar suo motu no court-fee shall be payable, and (ii) In the event of the Tehsildar not being competent to try the suit, papers shall be forwarded to the revenue court having jurisdiction. (3) if in such suit the court finds that amount is due from the tenant, it shall pass a decree directing him to pay such amount into the court.