17.Classes of tenants.- There shall be, for the purposes of this Act, the following classes of tenants, namely,--
(a) occupancy tenants ;
(b) exproprietary tenants ;
(c) hereditary tenants ; and
(d) non-occupancy tenants.
18.Occupancy tenants.- Every person--
(a) other than a person to whom the provisions of section 7 of the Ajmer Land and Revenue Regulation, 1877 (II of
1877) apply, who before the commencement of this Act, was admitted to the occupation of land and who has,
before such commencement, sunk a well, reclaimed or otherwise developed such land, or
(b) who was recorded in the year of settlement as tenant with a permanent right of tenancy (mazara-i-mustaquil)
and has continued in possession since,
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shall be called on occupancy tenant.
19.Exproprietary tenants.- Every person who--
(a) is, at the commencement of this Act an exproprietary tenant in accordance with the provisions of the Ajmer
Land and Revenue Regulation, 1877, or
(b) acquires exproprietary rights in accordance with the provisions of this Act,
shall be called an exproprietary tenant.
20.Acquisition of exproprietary rights.- (1) If the whole of the interest of a sole proprietor of a village or of a specific
area thereof is transferred, either by foreclosure or sale in execution of a decree or order of a civil or revenue court,
or by voluntary alienation, otherwise than (a) by gift or (b) by exchange of specific areas between co-shares of the
village, he shall become an exproprietary tenant of the whole of his khudkasht in such village or area without he his
cultivated continuously for three years or more at the date of such transfer, and shall be entitled to hold the same
at a rate payable by an exproprietary tenant under sections 63 and 64.
(2) If a part only of the interest of a sole proprietor of a village or of a specific area thereof is so transferred, or
where there are two or more co-share in the proprietary interest of a village or of specific area thereof, and such
transfer relates to the whole or part of the proprietary interest of some of them, exproprietary rights shall accrue in
so much of khudkasht so cultivated as appertains or corresponds to the part of the interest so transferred and,
unless by mutual agreement the transferor and the transferee have demarcated the area in which exproprietary
rights have accrued, and fixed the rent, not higher than the rent specified in sections 63 and 64, the sub-divisional
officer shall, in the course of mutation proceedings or, if mere convenient, in a separate proceeding, started on his
own motion, or on the application of the exproprietary tenant or the landlord, or on the report of the patwari,
demarcate such area and declare the rent in accordance with the provisions of sub-section (1).
(3) A mortgage shall be deemed to be a voluntary alienation, within the meaning of sub-section (1), if it has the
effect of transferring proprietary possession of the land mortgaged from the mortgagor to the mortgagee but not
otherwise.
(4) Notwithstanding anything in sub-section (1), (2) or (3), exproprietary rights shall not accrue in grove-land, or in
land transferred for any purpose inconsistent with the existence of a right of cultivation therein.
(5) After disposing of the case for demarcation of the exproprietary area and declaration of rent thereon under subsection (2), the sub-divisional officer shall submit the record of the case for confirmation of the order passed by him
to the collector.
21.Relinquishment of exproprietary rights.- (1) Save as otherwise provided in sub-section (2), an agreement for the
relinquishment of exproprietary rights shall be void, whether such agreement was entered into before or after such
rights accrued.
(2) Notwithstanding anything contained in the first proviso to section 57, where the land transferred by mortgage of
the kind specified in sub-section (3) of section 20 consists wholly of a specific area of khudkasht of three or more
years, the mortgagor may, by simultaneous agreement in writing, waive his exproprietary rights, and in that case
the mortgaged land shall, if the mortgagor redeems the mortgage within ten years of the date of the transfer, be
restored to him unencumbered with any tenancy rights.
22.Hereditary tenants.- Subject to the provisions of section 23, every person who--
(a) is, at the commencement of this Act, a tenant of land, not being an exproprietary tenant, an occupancy tenant
or a sub-tenant or,
(b) is, after the commencement of this Act, admitted as a tenant otherwise than as a sub-tenant, or otherwise than
as a tenant to whom niji jot is let in accordance with the provisions of section 14, or
(c) under the provisions of this Act, acquires hereditary rights, shall be called a hereditary tenant.
Explanation.-- For the purposes of this section, the words "sub-tenant" shall not include a person who holds land
from a relation, dependant or servant of the landholder or, in an estate mentioned in the Second Schedule, from a
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transferee of an interest in a holding or part thereof, whether the transfer was made before or after the
commencement of this Act, unless such relation dependant, servant or transferee proves to the satisfaction of the
court that he is a genuine tenant of such land or such holding or part thereof.
23.Land in which hereditary rights shall not accrue.- Notwithstanding anything in this Act, hereditary rights shall
not accrue in--
(i) unstable land, or
(ii) grove-land, pasture-land, bir, or land, covered by water, used for the purpose of growing singhara or other
produce, or
(iii) land used for casual or occasional cultivation in the bed of a river or a stream, or
(iv) land acquired or held for a public purpose or for a work of public utility, or
(v) the khudkasht of a landlord who is serving in the military, naval or air forces of India, so long as he remains in
such service and for two years after the cessation of such service :
Provided that where there are several co-shares in such khudkasht and not all of them are in such service, the
provisions of this clause shall apply only when the co-shares who are not in such service belong to one or more of
the following classes, namely, females, minors, lunatics, idiots or persons incapable of cultivating by reason of
blindness or physical infirmity, or confinement in prison.
24.Non-occupancy tenants.- All tenants other than occupancy tenants, exproprietary tenants and hereditary
tenants shall be non-occupancy tenants.