Devolution and transfer of tenancies
25.Interest of a tenant, if heritable and transferable.- The interest of an occupancy tenant, an exproprietary tenant,
a hereditary tenant and a non-occupancy tenant is heritable, but is not transferable, otherwise than by sub-lease
as hereinafter provided, or by transfer or surrender to a co-tenant.
26.Prohibition against certain kind of transfer or sub-lease.- (1) No tenant shall sub-let, or otherwise transfer, the
whole or any portion of his holding in consideration of a debt, whether reserving or not reserving rent to be paid
periodically.
(2) No sub-tenant shall sub-let the whole or any portion of his holding.
27.Right to sub-let.- (1) Subject to the provisions of section 26 and sub-sections (2) to (4) of this section, a tenant
may sub-let the whole or any portion of his holding.
(2) No occupancy, exproprietary or hereditary tenant shall sub-let the whole or any portion of his holding--
(a) to a person other than an agriculturist, or
(b) for a term exceeding three years:
Provided that a period of not less than three years shall intervene between the expiry of one sub-lease and the
beginning of the next sub-lease.
(3) No non-occupancy tenant, other than a sub-tenant, shall sub-let the whole or any portion of his holding for a
term exceeding one year.
(4) The rent payable by a sub-tenant to an occupancy, an exproprietary, a hereditary or a non-occupancy tenant
shall be an amount not exceeding one and one-fifth of rent payable by such tenant to his land-holder :
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Provided that the restrictions imposed by clause (b) of sub-section (2) on sub-letting of a holding or portion thereof
shall not apply when the lessor is female, a minor, a lunatic, an idiot, or a person incapable of cultivating by reason
of blindness, or any physical infirmity, or service in the military, naval or air forces of India, or confinement in prison
:
Provided further that, in the case of a holding held jointly by more persons than one, the provisions of the first
proviso shall not apply unless all such persons belong to one or more of the categories specified therein.
Extinction of tenancies
28.Tenancy, when extinguished.- The interest of a tenant in his holding or part thereof, as the case may be, shall
be extinguished--
(a) when he dies, leaving no heir entitled to inherit; or
(b) when his ejectment is ordered ; or
(c) subject to the provisions of sections 57 and 58, when he surrenders or abandons the holding ; or
(d) when his land is acquired under the Land Acquisition Act, 1894 (I of 1894) ; or
(e) when he is deprived of possession of his holding otherwise than in accordance with the provisions of this Act
and has not applied for recovery of possession within the period of limitation specified in section 102 or 104, as the
case may be; or
(f) when the mortgage referred to in section 21 has been redeemed by the mortgagor as provided in that section ;
or
(g) when he acquires, or succeeds to, the entire proprietary right in his holding, or where the holder of the entire
proprietary right over a holding inherits or otherwise acquires the tenancy rights in such holding:
Provided that no order of ejectment which is submitted for confirmation under the provisions of this Act shall
extinguish the tenancy, until such order has become final.
29.Life tenancy of female, when extinguished.- Notwithstanding anything contained in section 28m, the surrender
of her holding by a female tenant with life interest shall not extinguish her tenancy, unless such surrender is made
with the written consent of nearest reversioner.
30.Rights of sub-tenant on extinction of tenant's interest.- (1) Subject to the provisions of sub-section (2), the
extinction of the interest of a tenant shall operate to extinguish the interest of any sub-tenant holding under him.
(2) When the right of a tenant in any land is extinguished under the provisions of clause (g) of section 28 the subtenant, if any, of such land shall become a hereditary tenant.
31.Vacating of holding on extinction of right.- Except as otherwise provided in this Act, when the interest of a
tenant or sub-tenant is extinguished, he shall vacate his holding, but shall have, in respect of the removal of any
crop the same rights as a tenant would have upon ejectment in accordance with the provisions of this Act.
32.Possession of land not vacated.- (1) If a sub-tenant, to whom the provisions of section 31 apply, does not
vacate the holding, the person entitled to possession of such holding shall, on application to the tahsildar be put in
possession thereof.
(2) The tahsildar shall, after deciding the dispute, if any, arising between the parties, submit the record of the case
for confirmation of the order passed by him to the sub-divisional officer.
Division, exchange and acquisition of holdings
33.Division of holdings.- (1) A division of a holding shall be effected--
(a) by agreement between the co-tenants; or
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(b) by the order of the tahsildar, passed on an application under this section by a co-tenant against the others and
the landlord :
Provided that no such agreement shall be binding on the landholder, unless he agrees thereto in writing:
Provided further that no such application shall be entertained if, as a result of division, the area of the share of a cotenant is reduced to less than ten acres.
(2) If the holding to be divided is assessed to fixed money rent, the division shall be accompanied by the
distribution of rent payable in respect of each portion of the holding so dividend.
(3) After deciding the case, the tahsildar shall submit the record of the case for confirmation of the order passed by
him to the sub-divisional officer.
34.Co-tenant's right to claim division of produce.- (1) In case of a holding to which the second proviso to subsection (1) of section 33 applies, the tahsildar may, on the application of a co-tenant, specify the share of such cotenant in the produce of such holding and depute an officer to divide the produce in accordance with the provisions
of sub-sections (1) to (3) to section 77 which shall, mutatis mutandis, apply to such proceedings.
(2) The order of the tahsildar under sub-section (1) shall not affect the right of a co-tenant to obtain a declaration in
respect of his share in such holding under clause (ii) of sub-section (1) of section 43.
35.Right of tenant in land received in exchange.- A landlord may, with the consent of a tenant, give in exchange
land which is not let, for any land held by such tenant, and such tenant shall have the same right in the land so
received by him in exchange as he had in the land given in exchange.
36.Exchange of land for consolidation of cultivated area.- (1) A person, who wishes to consolidate the area which
he cultivates, may apply to the sub-divisional officer to exchange the whole or any portion of such area for land
cultivated by another person.
(2) If, on receipt of an application under sub-section (1), the sub-divisional officer is satisfied that reasonable
grounds exist, he shall grant such application, either in whole or in part, and shall allot to such other person land
which is cultivated by the applicant and which is approximately equal in value to, and of the same quality as, the
land received by the applicant :
Provided that, to such extend as any land to be exchanged is not approximately equal in value and of the same
quality, the sub-divisional officer shall award monetary compensation to balance the advantages and
disadvantages, collect such compensation as arrears of revenue, and pay it to the persons entitled.
(3) After the order passed under sub-section (2) is complied with, each person shall have, in respect of the land
which he receives in exchange, the same right as he had in the land which he gives in exchange.
(4) No order of exchange shall be passed under this section--
(a) in respect of land which is cultivated by a non-occupancy tenant, or is burdened with any lease, mortgage or
other encumbrance; or
(b) between persons who are not landlords, or tenants of the same landlord, or who do not stand to one another in
the relation of landlord are tenant.
(5) After deciding the case, the sub-divisional officer shall submit the record for confirmation of the order by him to
the collector :
Provided that, if any area is under record operations, all applications under this section relating to such area shall
be filed in the court of the record officer.
(6) If the application is decided by the record officer, the record shall be submitted for confirmation of the order
passed by him to the Chief Commissioner.
37.Acquisition of land by the landlord for certain purposes.- (1) A landlord may apply to the collector to acquire for
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him land held by a tenant for any of the following, purposes, namely, --
(a) for farming on improved lines; or
(b) for making any water-course, reservoir or tank for irrigation purposes ; or
(c) for opening or working a lime-stone, kankar or other mineral quarry ; or
(d) for undertaking, or allowing any other person to undertake, prospecting work to discover new sources of supply
of mines and minerals; or
(e) for the proper working or developing of a mine or mining industry.
(2) The landlord shall, in case of an application under clause (a), and may, in case of an application under any
other clause, file a list of his plots available in the same or in a neighbouring village, out of which the tenant may
make a selection in exchange for the land applied for.
(3) On getting such application, the collector shall issue a proclamation calling upon persons who claim any
interest in such land, either as proprietor or otherwise, to file objections, if any, within the period specified in the
proclamation.
(4) If the collector is satisfied that reasonably grounds exist, he shall order the acquisition of the land applied for, or
such part thereof as he deems fit, settle the question of compensation in accordance with the provisions of subsections (5) and (7) and order the ejectment of the tenant from the land acquired.
(5) The collector, before passing an order of ejectment under sub-section (4), shall proceed as follows :--
(i) if an agreement, which in the opinion of the collector is not unfair, is arrived at, he shall give effect to it; and
(ii) failing such agreement he shall--
(a) in case of an application under clause (a) of sub-section (1), give to the tenant an option to select plots
included in the list and allot to him, out of the plots so selected, an area of land approximately equal in value to,
and of the same qualify as, the land acquired; and
(b) in case of an application under clause (b), (c), (d) or (e) of sub-section (1), give to the tenant an option to select
plots included in the list, if one is filed under sub-section (2), and allot to him, out of the plots so selected, an area
of land approximately equal in value to, and of the same quality as, the land acquired, but if the tenant claims
monetary compensation only or if no list is filed under sub-section (2), the collector shall award to the tenant
monetary compensation for his interest in such land; and
(c) to such extend as the land given in exchange under sub-clause (a) or (b) is not approximately equal in value
and of the same quality, award monetary compensation to balance the advantages and disadvantages.
(6) If any land is allotted to the tenant under sub-section (5), he shall have the same right in such land as he had in
the land from which he is ordered to be ejected.
(7) If, as a result of an order of acquisition, the interest of any person, other than the tenant of the land to be
acquired, is adversely affected, the collector shall award to such person monetary compensation for the lost
suffered by such person in consequence of such order.
(8) After deciding the case, the collector shall submit the record for confirmation of the order passed by him to the
Chief Commissioner.
(9) The amount of monetary compensation awarded under this section shall be recovered as arrears of revenue and
paid to the person entitle.
38.Decision of certain disputes arising out of acquisition proceedings.- (1) If, in the course of proceedings under
section 37, a question of proprietary right arises, the collector shall decide the dispute and submit the record of the
case for confirmation of the order passed by him to the Chief Commissioner.
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Provided that the collector may, if he deems fit, instead of deciding such dispute, grant to any party a certificate
declaring that the matter is fit to be determined by a civil court and dismiss the application for acquisition of land.
(2) The person to whom such certificate is granted may, within three months of the grant thereof, institute a suit to
establish his right in a court of competent jurisdiction, and such court may, upon the production of such certificate,
entertain such suit.
(3) Where a party, a whom such certificate has been granted, fails to institute a suit within the time allowed, he
shall be deemed to have instituted such suit and lost it.
(4) The dismissal of an application under the proviso to sub-section (1) shall be no bar to the entertainment of a
second application for acquisition filed by the landlord, if--
(i) in the civil suit, instituted under the provisions of the said proviso, the question of proprietary right is determined
in his favour; or
(ii) in case a certificate to file a suit has been granted to a person other than the landlord, no such suit has been
filed within the period allowed under sub-section (2).
39.Reinstatement of tenant ejected under section 37.- (1) When a tenant is ejected under section 57, he shall, on
application made to the sub-divisional officer, be entitled to be reinstated in the land acquired on the conditions
specified in sub-section (3), if the person for whom the land was acquired--
(a) does not, within two years from the date of such ejectment, use it for the purpose for which it was acquired; or
(b) uses it for any other purpose within a period of five years from the date of such ejectment.
(2) Such application shall be made--
in case of clause (a) of sub-section (1), within six months of the expiry of the period of two years ; and
in case of clause (b) of sub-section (1), within six months of the land being used for any other purpose.
(3) The sub-divisional officer, on receiving such application, shall, if the conditions specified in clause (a) or (b) of
sub-section (1) are satisfied, reinstate the ejected tenant in the land acquired with the same rights and liabilities
and at the same rate of rent as at the date of ejectment on condition that such tenant, before his reinstatement,
restores to the person from whom the land was acquired the land or money or both awarded to him by way of
compensation under section 37.
(4) After the decision of the case, the sub-divisional officer shall submit the record for confirmation of the order
passed by him to the collector.
40.Acquisition of proprietary right by tenant.- (1) If a tenant, other than a non-occupancy tenant, desires to acquire
proprietary right in his holding, he may apply, in the prescribed form, to the collector for acquisition of such right.
Provided that no such application shall lie in respect of a part of a holding.
(2) On receipt of application under sub-section (1), a notice shall be served on the landlord and a copy thereof shall
be affixed in a prominent place in the village, stating that the tenant of such holding has applied for an order of
acquisition, and that the landlord or any other person interested in such proceeding may file any objections within
one month of the affixation of such notice.
(3) The collector, after deciding the objections filed, shall, if he finds the applicant entitled to acquisition, assess
the amount of --
(a) compensation on account of the holding which shall be twelve times the annual rental value of such holding,
calculated at sanctioned rates applicable to hereditary tenants ;
(b) compensation for any improvement, if any, made by the landlord on such holding ; and
(c) the revenue payable on such holding in the manner prescribed ; and
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pass an order that, on payment of such compensation within the period allowed by the collector, the tenant shall
become the biswadar of his holding and shall be liable to pay the revenue assessed thereon.
(4) After the decision of the case, the collector shall submit the record of the case for confirmation of the order
passed by him to the Chief Commissioner.
(5) The landlord shall, after the tenant has become biswadar, be entitled to claim reduction in the revenue payable
by him as prescribed.