97. Order for payment on failure to comply with the notice under section 96. –
(1) If the Asami , who has been duly served under section 96, fails to pay or deposit the said amount in the Court and also does not file any objection the Tahsildar shall make any order for the payment of the amount and in default for the ejectment of the Asami from the holding.
(2) If the Asami appears and contests the claim, the application shall be treated as a suit and, if necessary, the Court shall order the applicant to pay any additional court – fee payable according to the law relating to suit for arrears of rent or ejectment .
(3) If the applicant fails to pay the court fee within the time so allowed, the application shall be rejected.
(4) If the court fee has been duly paid, the Court shall, where the Asami pleads that the applicant is not the land holder or that he himself is the Bhumidhar of the holding or any part thereof, transfer the case to the civil court having jurisdiction and the civil court shall thereupon proceed to hear and determine it as if it were a suit for arrears and ejectment instituted in such Court.
(5) The rejection of an application under sub section (3) shall not preclude the applicant from filing a suit for recovery of arrears of rent.