State Act

Rajasthan Tenancy Act, 1955

61. Procedure before taking possession of a holding treated as abandoned— (1) Where tenant is presumed to have abandoned his holding, the Tehsildar shall, on his own motion or on the application of the landholder, as the case may be, cause a proclamation to be issued and served or published in the prescribed manner, stating that the holding of such tenant is intended to be treated as abandoned and entered upon and taken possession of accordingly unless reasonable cause to the contrary effect is shown. (2) The Tehsildar or landholder, as the case may be, may enter upon and take possession of the holding if in response to the proclamation— (i) no appearance is made or no reasonable cause to the contrary effect is shown either by the tenant who is presumed to have abandoned the holding or by any person on behalf of such tenant or on his own behalf, within a period of sixty days from the date of the service or publication of the proclamation, or (ii) an objection to such entry and possession is lodged within the period aforesaid and is rejected. (3) If any holding is entered upon and taken possession of in contravention of the provision of this section, the tenant thereof shall be deemed within the meaning of section 186 to have been ejected therefrom otherwise than by process of law or in contravention of the provisions of this Act. (4) Where any holding is entered upon and taken possession of under sub-section (2) , it may, subject to the provisions of section 62, be let to another tenant or cultivated personally by the landholder.