6.Primary rights of a tenant.- A tenant, other than a sub-tenant , shall have a right--
(i) subject, in the case of clause (a), or (b), to the provisions of the First Schedule and to the payment of fee, if
any, specified therein--
(a) to possess, in the village in which his holding in situated, a site on which he may build one residential house for
himself and his family and, when necessary, to repair and rebuild it, to sell the materials of such house and, with
the written consent of the landlord, to transfer the right of residence therein to any tenant of such village;
Explanation.-- In this clause 'residential house' shall include a cattleshed, and a store-house for stocking fodder,
manure and agricultural implements.
(b) to sue the waste-land of the village for grazing and pasturing his cattle and other domestic animals and for
12/9/13 Ajmer TenancyLand Records 1950
www.indianrailways.gov.in/railwayboard/uploads/directorate/security/rpf/Files/law/BareActs/ajmerland1950act.html 6/28
threshing corn;
(ii) when rent is paid by batai or bighori, to allow only prescribed weights and measures to be used for determining
such rent; and
(iii) where in any area bighori is charged at customary rate, to grow cotton at such rate on not more than one-fourth
of the irrigable area of his holding .
7.Prohibition of certain acts.- (1) A tenant shall not be--
(i) ejected from his holding otherwise than in accordance with the provisions of this Act; or
(ii) evicted from his residential house, other than a house which is an improvement, merely because he has
surrendered, or has been ejected from, his holding in the village; or
(iii) compelled to render any service, or to allow the use of his cattle or agricultural implements, to his landholder,
with or without remuneration.
(2) The provisions of this section and of section 6 and 62 shall, so far as they are applicable, apply to a rent-free
grantee, a grantee at a favourable rate of rent, of holder of village service grant, and an artisan or a village-workmen,
paid in cash or kind, for wok connected with agriculture as they apply to a hereditary tenant.
8.Prohibition against deprivation of certain rights.- (1) Notwithstanding any custom or contract to the contrary,
every lease or agreement between a landholder and a tenant, whether made before or after the commencement of
this Act, which purports, or would operate, to prohibit or restrict a tenant from acquiring, exercising or enforcing
any right conferred on, or secured to, him by this Act, shall be void to the extend of such prohibition or restriction.
(2) When land, not previously cultivated, has been reclaimed by, or at the expense of, the landholder and let to a
tenant, or has been let to a tenant in order that it should be reclaimed by him or at his expense, then for a period
of twelve years after such land was let, nothing in sub-section (1) shall be construed as affecting any condition of a
contract which relates to payment of rent or to enhancement, abatement or variation of rent of such land, or which
provides that, during any period for which such land is to be held free of rent or on favourable terms, the tenant is
liable to ejectment for breach of any such condition.
Explanation.-- When land has remained uncultivated for a period of five years, it shall, for the purposes of subsection (2), be deemed to be land not previously cultivated.
9.Certain rights of landlord.- Subject, in case of clause (iii), to the conditions of an istimrari sanad and to the
provisions of any law for the time being in force, a landlord shall have a right--]
(i) where in any area bighori is charged at customary rate and cotton is grown on more than one-fourth of the
irrigable area of the holding of a tenant, to charge rent on the land in excess of the one-fourth area on which cotton
is grown at a rate specified in the second proviso to section 64;
(ii) at all reasonable times, to enter, or depute his servant, agent or surveyor to enter, upon any land comprised in
his estate for the purpose of surveying and measuring such land or for any other lawful purpose; and
(iii) if he has a proprietary interest in an istimrari estate, to open or work a mine or grant a lease for the purpose, or
to undertake, or to issue a licence to any other person to undertake, prospecting work for discovering new sources
of supply of minerals.