THE AJMER TENANCY AND LAND RECORDS ACT, 1950 

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ARRANGEMENT OF SECTIONS                                                                                                            

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CHAPTER I 
PRELIMINARY 

SECTIONS 

1. Short title, extent and commencement. 

2. Repeal. 

3. Savings. 

4. Definitions. 

5. Power of landlord and tenant to act through agent. 

CHAPTER II 
PRIMARY RIGHTS 

6. Primary rights of tenant. 

7. Prohibition of certain acts. 

8. Prohibition against deprivation of certain rights. 

9. Certain rights of landlord. 

CHAPTER III 
Niji jot 

10. Definition. 

11. Application for demarcation. 

12. Order of demarcation of niji jot. 

13. Demarcation. 

14. Status of tenant of niji jot. 

15. Succession to niji jot. 

16. Collector‟s powers to let to tenants. 

CHAPTER IV 
CLASSES OF TENANTS 

17. Classes of tenants. 

18. Occupancy tenants. 

19. Exproprietary tenants. 

20. Acquisition of exproprietary rights. 

21. Relinquishment of exproprietary rights. 

22. Hereditary tenants. 

23. Land in which hereditary rights shall not accrue. 

24. Non-occupancy tenants. 

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CHAPTER V 

DEVOLUTION, TRANSFER, EXTINOTION, DIVISION, EXCHANGE AND ACQUISITION 

Devolution and transfer of tenancies 

SECTIONS 

25. Interest of a tenant, if heritable and transferable. 

26. Prohibition against certain kind of transfer or sub-lease. 

27. Right to sub-let. 

Extinction of tenancies 

28. Tenancy, when extinguished. 

29. Life tenancy of female, when extinguished. 

30. Rights of sub-tenant on extinction of tenant‟s interest. 

31. Vacating of holding on extinction of right. 

32. Possession of land not vacated. 

Division, exchange and acquisition of holdings 

33. Division of holdings. 

34. Co-tenant‟s right to claim division of produce. 

35. Right of tenant in land received in exchange. 

36. Exchange of land for consolidation of cultivated area. 

37. Acquisition of land by the landlord for certain purposes. 

38. Decision of certain disputes arising out of acquisition proceedings. 

39. Reinstatement of tenant ejected under section 37. 

40. Acquisition of proprietary right by tenant. 

CHAPTER VI 

GENERAL PROVISIONS RELATING TO TENANCIES 

Leases 

41. Right to written lease and procedure to obtain it. 

42. Registration of leases. 

Declaration of rights 

43. Declaration of rights in certain cases. 

Improvements 

44. Right of certain tenants to make improvements. 

45. Right of non-occupancy tenants to make improvements. 

46. Right of landlord to make Improvement. 

47. Provision when both landlord and tenant want to make the same improvement. 

48. Restrictions on making improvement. 

49. Compensation for improvement, when permissible. 

50. Determination of compensation. 

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SECTIONS 

51. Works benefiting other land. 

52. Disputes as regards improvements. 

Trees 

53. Right of tenant paying fixed money rent to plant tree. 

54. Right of a tenant paying batai or bighori to plant tree. 

55. Tenant‟s rights in tree existing at the commencement of the Act. 

56. Decision of disputes regarding trees. 

Surrender and abandonment 

57. Surrender by tenant. 

58. Abandonment. 

59. Taking possession of holding surrendered or abandoned. 

60. Dispute arising out of surrender and abandonment of land. 

CHAPTER VII 
PREMIA AND OTHER LEVIES 

61. Acceptance of premium; how far permissible. 

62. Lag, neg and cess. 

CHAPTER VIII 
RENT AND ITS RECOVERY 
PART I.—Basic rent of tenants 

63. Liability for payment of rent. 

64. Scale of rent for different classes of tenants. 

65. Status and liability of person permitted to retain possession. 

PART II—Payment and recovery of rent 
General provisions 

66. Hypothecation of produce towards payment of rent. 

67. Procedure when produce is attached by civil or revenue court. 

68. Right of landlord to collect rent from cultivator. 

69. No cartage allowed. 

70. Presumption as to payment by tenant and application of such payment. 

71. Modes of making payment of money rent. 

72. Right to get receipt. 

73. Penalty for not issuing proper receipt. 

74. Obligation of Chief Commissioner to print and supply books of receipt. 

75. Penalty for non-production of receipt book with counterfoils. 

76. Rights and liabilities in respect of produce. 

77. Application for officer to make division. 

78. Application for kuta. 

79. Procedure on application. 

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SECTIONS 

80. Collector to publish return of current prices. 

81. Assessment of bighori by court. 

82. Commutation of batai rent into bighori in certain cases. 

83. Payment of commuted rent. 

Arrears 

84. Rent when and how payable.  

85. Claim for arrears of rent. 

86. Interest in cases of arrears of rent. 

87. Landlord‟s power to charge irrigation dues. 

88. Method of recovering sayar. 

89. Realisation of sayar as arrears of revenue. 

PART III.—Emergency provision 

90. Recovery of arrears in the event of general refusal to pay. 

PART IV.—Payment of revenue by biswadars to jagirdars and muafidars 

91. Application of certain sections to biswadars. 

CHAPTER IX 
EJECTMENT OF TENANTS 
General 

92. Arrears deemed satisfied when tenant is ejected. 

93. Decree for arrears, how executed. 

94. Adjustment of arrears and compensation on ejectment. 

95. Entry of landholder on land from which tenant is ordered to be ejected. 

Grounds of ejectment 

96. Grounds of ejectment. 

97. Special grounds of ejectment of non-occupancy tenants. 

98. Procedure in ejectment for decreed arrears. 

99. Procedure for ejectment on other grounds. 

100. Application for ejectment of non-occupancy tenant. 

101. Procedure on application. 

Remedies for wrongful ejectment 

102. Remedies for wrongful ejectment. 

103. Procedure on application. 

Ejectment of person occupying land without title 

104. Ejectment of person occupying land without title.  

105. Procedure on application. 

106. Consequences of failure to file application under section 102 or 104. 

107. No separate relief claimable, if not claimed in revenue court. 

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CHAPTER X 

COMPENSATION AND PENALTIES 

SECTIONS 

108. Tenant‟s right to claim inquiry for illegal exaction and other matters. 

109. Power to award compensation in proceedings for arrears of rent. 

110. Prosecution of landholder for illegal exaction. 

111. Compensation for exaction by landholder and for false complaint by tenant. 

112. Penalty for habitual infringement of rights of tenant. 

113. Penalty for illegal entry on a holding. 

114. Compensation, how realisable. 

CHAPTER XI 

GRANTS 

115. Exemption of muafidar. 

116. Interpretation. 

117. Grant which cannot be resumed. 

118. Grounds on which certain grants may be resumed. 

119. How to deal with resumable grant. 

120. Application of certain Chapters and sections to grantees. 

121. Grants, how far transferable. 

122. Void transactions. 

123. Power to hear cases of grantees. 

CHAPTER XII 
PREPARATION OF RECORD-OF-RIGHTS AND DETERMINATION AND MODIFICATION OF RENT AND  
RENT-RATES 

124. Applicability of Part III. 

PART I.—Preparation and maintenance of maps and records 

125. Power to form and alter Patwaris circles. 

126. Appointment of patwaris. 

127. Appointment of girdawars. 

128. Cadre and pay of girdawars and patwaris. 

129. Girdawars and patwaris to be public servants. 

130. Maintenance of maps and fieldbooks. 

131. Obligation of owners as to boundary marks. 

132. Record-of-rights. 

133. Contents of certain registers. 

134. Registers of revenue-paying, revenue-assigned and revenue-free villages. 

135. The annual registers. 

136. Obligation to furnish information necessary for compilation of certain record-of-rights. 

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SECTIONS 

137. Decision of disputes. 

138. Inquiry into cases. 

139. Certain decisions, no bar to civil suit. 

140. Value of entries and decisions in contested cases. 

141. Appointment and punishment of lambardars and patels. 

PART II. —Record and rent-rate operations and the appointment of officers 

142. Record and rent-rate operations. 

143. Powers of the record officer, assistant record officer and rent-rate officer. 

144. Sanctioned rates. 

145. Duration of rent-rates. 

Procedure in determining cash rent-rates 

146. Circle and soil classification. 

147. Basis of rates for hereditary tenants. 

148. Provision for rates in special cases. 

149. Procedure in publishing and sanctioning rates. 

150. Civil suit relating to record-of-rights and certain other matters barred. 

PART III.—Commutation, abatement, enhancement, and determination of rent 

151. Commutation of rent from kind to cash. 

152. Commutation of rent from cash to kind. 

153. Grounds of abatement of fixed money rent. 

154. Ground of enhancement of fixed money rent. 

155. Order for determination, commutation or variation of rent, when to take effect. 

156. Joinder of parties in cases relating to variation of rent. 

157. Determination of rent on partial ejectment. 

158. Rent, how calculated for commutation, variation or determination. 

159. Meaning of “substantial” in certain sections. 

160. Basis of variation of rent in certain cases. 

161. Period for which rent is not liable to modification. 

162. Applications for variation of rent, by whom to be entertained. 

CHAPTER XIII 

EXTRAORDINARY AND EMERGENCY PROVISIONS 

163. Provision of rent and revenue in an emergency.  

164. Remission or suspension of rent in agricultural calamities. 

165. Bar to collection of rent remitted or suspended. 

166. Period of suspension to be excluded in computing period of limitation. 

167. Remission for calamity by court decreeing claim for arrears. 

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SECTIONS 

168. Jurisdiction of certain courts excluded in cases of remission and suspension of rent or revenue. 

CHAPTER XIV 
PROCEDURE AND JURISDICTION OF COURTS 
General provisions 

169. Cases cognizable by revenue courts. 

170. Procedure of revenue courts. 

171. Application of Indian Limitation Act, 1908. 

172. Limitation in cases under this Act. 

173. Payment of court-fees under this Act. 

174. Subordination of courts. 

Subordination of courts 

Powers of courts and places for holding courts 

175. Place of sitting of revenue courts. 

176. Chief Commissioner‟s power to confer powers. 

177. Collector‟s power to place assistant commissioner in charge of subdivision. 

178. Collector‟s powers to authorise certain courts to entertain and dispose of  applications. 

179. Powers of revenue courts to refer cases for investigation and report. 

180. Powers of Chief Commissioner to create shamlat committee and courts. 

Confirmation of orders 

181. Decree or order to be final in certain circumstances. 

182. Submission to confirming court. 

183. Form of decree or order to be submitted for confirmation. 

184. Procedure for confirmation. 

185. Review by the Chief Commissioner. 

186. Review by other courts. 

Review 

Revision 

187. Revision. 

Transfer of cases 

188. Power to transfer cases. 

189. Power of collector to transfer and withdraw cases. 

190. Sub-divisional officer‟s power to transfer cases. 

191. Power of record officer to transfer and withdraw cases. 

192. Transfer of cases by the district judge. 

193. Dispute as regards ownership of land. 

Question of proprietary right in revenue court 

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SECTIONS 

194. Procedure when plea of proprietary right raised in revenue court. 

Question of tenancy right in civil courts 

195. Procedure when plea of tenancy raised in civil court. 

Conflict of jurisdiction 

196. Reference to Judicial Commissioner. 

CHAPTER XV 

MISCELLANEOUS PROVISIONS 

197. Provision for injunction and appointment of receiver. 

198. Cases in which legal practitioners may appear. 

199. Persons who may appear before a revenue court. 

200. Costs in revenue courts. 

201. Power of revenue court to summon persons. 

202. Mode of service of summons or notice. 

203. Power to make rules. 

CHAPTER XVI 

POWER TO MAKE RULES 

CHAPTER XVII 

TRANSITIONAL PROVISIONS 

204. Reinstatement of tenant ejected before commencement of this Act. 

205. Provision for pending and other cases. 

THE FIRST SCHEDULE. 

THE SECOND SCHEDULE. 

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THE AJMER TENANCY AND LAND RECORDS ACT, 1950 

ACT NO. 42 OF 1950 

An  Act  to  declare  and  amend  the  law  relating  to  agricultural  tenancies,  record-of-rights  and 

[10th May, 1950.] 

certain other matters in Ajmer. 

BE it enacted by Parliament as follows:— 

CHAPTER I 

PRELIMINARY 

1.  Short  title,  extent  and  commencement.—(1)  This  Act  may  be  called  the  Ajmer  Tenancy  and 

Land Records Act, 1950. 

(2) It extends to the whole of the State of Ajmer. 

(3) It shall come into force at once, except Part III of Chapter XII which shall come into force on such 

date as the Chief Commissioner may, by notification in the Official Gazette, appoint in this behalf. 

2.  Repeal.—(1)  The  Ajmer-Merwara  Agrarian  Relief  (Second)  Ordinance,  1949  (30  of  1949),  is 

hereby repealed. 

(2) When this Act or any portion thereof comes into force in Ajmer, so much of any Act, Regulation 
or notification in force therein, or any condition of a jagir or istimrari sanad, as is inconsistent with this 
Act  or  with  such  portion, shall  be  deemed  to  have  been  repealed  or superseded  by  this  Act  or  by  such 
portion, as the case may be. 

3.  Savings.—Any  rule,  notification,  proclamation  and  order  issued,  authority  and  power  conferred, 
lease  granted,  right  acquired,  liability  incurred,  rent  fixed,  and  any  other  thing  done  under  any  Act, 
Ordinance, Regulation or notification, or under any jagir or istimrari sanad, as the case may be, shall, in 
so far as it is not inconsistent with the provisions of this Act, be deemed to have been respectively issued, 
conferred, granted, acquired, incurred, fixed and done under this Act. 

4. Definitions.—In this Act, unless there is anything repugnant in the subject or context,— 

(1) all words and expressions used to denote the possessor of any right title or interest, whether the 
same be proprietary or otherwise, shall be deemed to include the predecessors and successors in right, title 
or interest of such person; 

(2)  “agricultural  year”  means  the  year  commencing  on  the  first  day  of  June  and  ending  on  the       

thirty-first day of May next following; 

(3) “agriculturist” means a person who earns his livelihood wholly or principally— 

(a) by the cultivation of land personally, or through servants or by hired labour, or 

(b)  as  artisan  or  field-labourer,  paid  in  cash  or  kind  for  work  connected  with  agriculture,  and 

includes— 

(i) a landlord whose interest in the stable land of the village does not exceed 120 acres, and 

(ii) a tenant who sub-lets his land in accordance with the provisions of this Act; 

Explanation.—An  agriculturist  who,  without  any  intention  of  changing  his  profession  as  such, 
temporarily ceases to so earn his livelihood, or who if prevented from so earning his livelihood by age or 
bodily  infirmity,  or  by  absence  due  to  service  in  the  military,  naval  or  air  forces  of  India,  or  by 
confinement in prison, does not thereby cease to be an agriculturist; 

(4)  “assistant  commissioner”  includes  an  additional  assistant  commissioner  and  an  extra  assistant 

commissioner; 

(5) “batai” means division of the produce on the threshing-floor; 

(6) “bighori” means money rent per bigha of land; 

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(7) “biswadar” means— 

(a)  any  person  who  is  recorded  as  plot-proprietor  in  the  settlement  khewat  of  1874  and  is 
continuously  so  recorded  since,  or  who,  but  for  an  error  or  omission,  would  have  been  so 
continuously recorded; or 

(b) any member of the proprietary body who becomes an owner of land under section 7 of the 

Ajmer Land and Revenue Regulation, 1877 (2 of 1877), or 

(c)  any  person  who  becomes,  or  is  declared,  a  biswadar  under  the  provisions  of  this  Act,  and 
includes a person admitted to the occupation of land under a lease guaranteeing hereditary rights of 
ownership and enjoyment on condition of his permanently developing such land by sinking a well or 
otherwise, and who accordingly developed such land and was, before the commencement of this Act, 
recorded as plot proprietor thereof in the khewat; 

(8) “cess” means a cess declared payable under sub-section (2) of section 62; 

(9) “collector” means the collector of Ajmer or any other office appointed by the Chief Commissioner 

to discharge the functions of a collector under this Act, and includes an additional collector; 

(10) “confirming court” means a court to which the record of a case it submitted in accordance with 

the provisions of this Act for confirmation of any decree or order passed therein; 

(11) “decree” means an order which is drawn up in the form of a decree as prescribed; 

(12) “holding” means a parcel or parcels of land held under one lease, engagement or grant or, in the 
absence  of  such  lease,  engagement  or  grant,  under  one  tenure,  and  in  section  26  includes  a  well  on  a 
holding; 

(13) “improvement” means, with reference to a tenant‟s holding,— 

(i) a dwelling house erected on the holding by the tenant for his own occupation, or a cattle-shed, 
or a store-house or any other construction for agricultural purposes, erected or set up by him on his 
holding, and 

(ii) any work which adds materially to the value of the holding and is consistent with the purpose 
for  which  it  was  let,  and  which,  if  not  executed  on  the  holding,  is  either  executed  directly  for  its 
benefit or is, after execution, made directly beneficial to it, and, subject to the foregoing provisions of 
this clause, includes— 

(a) the construction of a well, water channel, and other work for the supply or distribution of 

water for agricultural purposes, 

(b) the construction of any work for the drainage of land, or for the protection of land from 

floods, or from erosion or other damage by water, 

(c) the reclaiming, clearing, enclosing, levelling, or terracing of land, 

(d) the erection in the immediate vicinity of the holding, otherwise than on the village site, of 

a building required for the convenient or profitable use or occupation of the holding, 

(e)  the  construction  of  a  tank  or  other  work  for  the  storage  of  water  for  agricultural        

purposes, and 

(f) the renewal or reconstruction of any of the foregoing works, or such alterations therein, or 

additions thereto, as are not of the nature of mere repairs: 

Provided  that  such  clearance,  water  channel,  levelling,  embankment,  enclosure,  temporary 
well  or  other  work  as  is  made  in  the  ordinary  course  of  cultivation  and  without  incurring  any 
special expenditure shall not be deemed to be an improvement; 

Explanation.—A work which benefits several holdings may be deemed to be an improvement 

with respect to each of such holdings; 

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(14)  “istimrari  estate”  means  an  estate  in  respect  of  which  an  istimrari  sanad  has  been  granted           
the  Ajmere  Land  and  Revenue           
the  Chief  Commissioner  before 

the  commencement  of 

by 
Regulation, 1877 (2 of 1877); and 

“istimrardar”  means  the  person  to  whom  such  sanad  has  been  granted,  or  any  other  person  who 
becomes entitled to the istimrari estate in succession to him in accordance with the provisions of the said 
Regulation; 

(15) “jagirdar”  means a person to whom the revenue of any land has been assigned under a sanad 
issued  by  the  Chief  Commissioner  before  the  commencement  of  the  Ajmere  Land  and  Revenue 
Regulation, 1877; 

(16) “khudkasht” means land cultivated by a proprietor as such, either himself, or by servants or by 

hired labour; 

(17) “kuta” means an estimate or appraisement of the standing crop; 

(18) “lag” means— 

(a) a levy in cash imposed on a tenant— 

(i) on the occasion of a ceremony in the family of the landlord or the tenant, or 

(ii) by way of tax on a well or plough or as fee for settlement of rent accounts; or 

(b) any other levy in cash over and above the rent payable by a tenant, but does not include a fee 
specified in the First Schedule or an assessment leviable, or a local rate payable under any law for the 
time being in force in the State; 

(19) “land” means land which is let or held for the raising of crops or garden produce, or for purposes 
subservient thereto, and includes land covered by water used for the purpose of growing singhara or other 
producer but does not include land for the time being occupied by a building or appurtenant thereto, other 
than a building which is an improvement; 

(20) “landholder” means the person to whom rent is, or, but for a contract, express or implied, would 

be, payable, and includes shamlat committee created or recognised under the provisions of section 180; 

(21)  “landlord”  means  the  proprietor  of  a  village,  or  of  a  share  or  specified  plot  therein,  and 

includes— 

(i) in case of land in respect of which an istimrari sanad has been granted, any person by whom 
an estate, a village, or a portion of an estate or village is held, whether under a separate engagement to 
pay revenue or otherwise; 

(ii) a jagirdar; and 

(iii)  a  trustee,  a  manager,  a  superintendent,  a  mutawalli,  or  a  body  of  persons  appointed  to 

administer a religious endowment, a trust, or waqf property, or the shamlat deh land of a village; 

Explanation.—In clauses (20) and (21), the word “landholder” or “landlord” shall include— 

(i) a mortgagee with possession, 

(ii) a lessee of proprietary right, and 

(iii) in case of property of which superintendence has been assumed by the Court of Wards under 
section 6 of the Ajmere Government Wards Regulation, 1888 (1 of 1888) or which has been attached 
under section 82 of the Ajmere Land and Revenue Regulation, 1877 (2 of 1877), the collector; 

(22) “lease” includes the counterpart of a lease; 

(23)  “legal  practitioner”  means  any  person  who  is,  for  the  time  being  enrolled  as  an  advocate  or 

pleader by the Judicial Commissioner of Ajmer; 

(24) “minor” means a person who, under section 3 of the Indian Majority Act, 1875 (9 of 1875), has 

not attained majority; 

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(25) “muafi”  means  a  definite  portion  of land  held  revenue-free  under  a  sanad  issued  by  the  Chief 

Commissioner, and a “muafidar” means the holder of such muafi; 

(26) “neg” means— 

(a) a levy in kind imposed on a tenant as— 

(i)  seri,  sawai-batti  or  any  other  kind  of  levy  made  on  the  division  of  the  produce  of  a 

holding, or 

(ii)  kasas  (dishes)  of  food  or  sweetmeats  given  on  the  occasion  of  marriage  or  any  other 

ceremony or the money equivalent thereof; or 

(b) any other levy in kind over and above the rent payable by a tenant; 

(27) “order” means the formal expression of a decision of any authority under this Act; 

(28)  “parabund-barani”  means  enclosed  low  lying  land,  the  cultivation  of  which  depends  on  the 

rainfall and the silt deposited thereon by the inflow of water from the catchment area; 

(29)  “pay”,  “payable”  and  “payment”,  when  used  with  reference  to  rent,  include  “deliver”, 

“deliverable” and “delivery”; 

(30) “prescribed” means prescribed by rules made under this Act; 

(31) “produce of a holding” means a crop or any other produce of the land standing on the holding, or 
which has been grown on the holding and has been reaped or gathered, and is deposited on the holding or 
on a threshing floor; 

(32) “State” means the State of Ajmer; 

(33)  “rent”  means  whatever  is  paid  or  payable  in  money  or  kind,  or  partly  in  money  and  partly  in 

kind, by a tenant on account of the use or occupation of land held by him; 

(34) “registered”  means registered  under  any  law  for  the time  being  in force  for  the registration  of 

documents; 

(35) “revenue court” means all or any of the following authorities when acting under this Act or any 

rule made thereunder, namely,— 

(i) the Chief Commissioner, 

(ii) the collector, 

(iii) a record officer, an assistant record officer and a rent-rate officer, 

(iv) a sub-divisional officer, 

(v) an assistant commissioner, 

(vi) a tahsildar, 

(vii) a naib-tahsildar empowered by the collector under clause (b) of section 178, and 

(viii)  a  person  or  a  body  of  persons  invested  with  powers  to  hear  and  dispose  of  cases  under 

clause (a) or (b) of section 180; 

(36) “revenue” means land revenue; 

(37) “sayar” means whatever is payable by a lessee or licensee on account of the right of gathering 
produce, forest rights, fisheries or the use of water for irrigation from artificial sources; and includes a fee 
specified in the First Schedule; 

(38)  “stable  land”  means  land  which,  because  of  facilities  of  irrigation,  quality  of  the  soil  or  other 
advantages,  is  capable  of  being  regularly  cultivated,  and  is  demarcated  as  stable  land  by  the  rent-rate 
officer,  or  any  other  authority,  appointed  for  the  purpose,  and,  subject  to  the  foregoing  provisions, 
includes— 

(i) land in the bed of a tank or nadi which dries up in time for the rabi sowing, and 

(ii) mal, gormia or parabund-barani: 

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Provided that, until such time as demarcation is made, the provisions regarding demarcation shall 

not be deemed to be a part of this clause; 

Explanation.—A land which is capable of being regularly cultivated shall not cease to be so regarded 
if, in any year, it has been left fallow, or could not be cultivated on account of failure of rainfall or for any 
other reason; 

(39) “sub-tenant” means a person who holds land from the tenant thereof, or from a rent-free grantee, 
or  from  a  grantee  at  a  favourable  rate  of  rent,  and  by  whom  rent  is,  or,  but  for  a  contract  express  or 
implied, would be, payable; 

(40) “tenant” means a person who holds land of another person and is, or, but for a contract express or 
implied,  would  be,  liable  to  pay  rent  for  such  land  to  such  other  person  and,  except  when  a  contrary 
intention appears, includes a sub-tenant, but does not include— 

(a) a person to whom a tenancy holding is transferred otherwise than under the provisions of this 

Act, 

(b) except as otherwise provided, a rent-free grantee, a grantee at a favourable rate of rent or a 

holder of village service grant, and 

(c)  a  person  to  whom  only  the  right  to  cut  grass  or  to  graze  cattle  is  granted,  whether  with  or 

without consideration; and 

(41) “year of settlement” means, with reference to any area of the State, any year or period between 
November  1940  and June 1947  during  which  the record  or  settlement  operations  were  in  force in such 
area. 

5. Power of landlord and tenant to act through agent.—Anything which is by this Act required or 
permitted to be done by a landlord or a tenant may be done by his authorised agent, and, in the absence of 
evidence of a contrary intention, in dealings between a landlord and a tenant such agent shall be deemed 
to be acting under the authority of his principal: 

Provided that, except as provided in section 198, a legal practitioner or his clerk or employee, or a 

petition-writer shall not act as authorised agent of such landlord or tenant. 

Explanation.—In this section “authorised agent” includes a kamdar of a jagirdar or istimrardar. 

CHAPTER II 
PRIMARY RIGHTS 

6. Primary rights of 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 is 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 use the waste-land of the village for grazing and, pasturing his cattle and other domestic 

animals and for 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. 

13 

 
 
 
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 sections 6 and 62 shall, so far as they are applicable, apply to 
a rent-free grantee, a grantee at a favourable rate of rent, a holder of village service grant, and an artisan 
or  a  village-workman  paid  in  cash  or  kind,  for  work  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  land-holder  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 extent 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 sub-section (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 of 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. 

CHAPTER II 
Niji jot 

10. Definition.—Niji jot means khudkasht demarcated under the provision of this Chapter. 

11.  Application  for  demarcation.—(1)  If,  at  the  commencement  of  this  Act,  the  proprietor  of  a 
village or a part thereof or a specific area therein, was cultivating any land as khudkasht, he may, within 
six months of such commencement, apply to the sub-divisional officer for demarcation of such khudkasht 
a niji jot. 

(2)  With  his  application,  the  applicant  shall  file  a  list,  giving  the  area  and  survey  number  or  other 

description of the khudkasht to be so demarcated and such other particulars as may be prescribed. 

12.  Order  of  demarcation  of  niji  jot.—(1)  On  the  receipt  of  such  application  the  sub-divisional 
officer  shall  issue  a  proclamation  calling  upon  all  persons  who  claim  an  interest  in  such  land  to  file 
objections, if any, within the period specified in such proclamation. 

14 

 
(2)  If,  after  hearing  the  objections,  if  any,  and  making  such  further  inquiry  as  he  deems  fit,  the         

sub-divisional officer is satisfied that the land to be demarcated as niji jot has been held by the applicant 
as his khudkasht since the agricultural year beginning on the first day of June, 1948, he shall pass an order 
for the demarcation of such land as niji jot and submit the record of the case for confirmation of the order 
passed by him to the collector. 

13. Demarcation.—The sub-divisional officer shall have the demarcation made on the spot and shall 

prepare and place on record a map, indicating the plots demarcated as niji jot. 

14.  Status  of  tenant  of  niji jot.—A landlord  may  let  his  niji  jot subject to the same  restrictions  as 

apply to sub-letting by a hereditary tenant under section 27: 

Provided that if such landlord lets his land which is niji jot in contravention of the provisions of this 
section,  such  land  shall  cease  to  be  niji  jot  and  the  person  to  whom  the  land  is  so  let  shall  become 
hereditary tenant thereof. 

15. Succession to niji jot.—On the death of the holder of niji jot, the niji jot rights shall devolve in 

accordance with the law which regulates the succession of proprietary right in such land. 

16. Collector’s powers to let to tenants.—If the collector is satisfied that the landlord of an estate or 
village,  without  good reason,  keeps large  areas  of  his  niji  jot and other culturable land  uncultivated,  or 
that an emergency has arisen for bringing under cultivation land which has not been previously cultivated 
or, if previously cultivated, has remained uncultivated for more than three years, he may, 

(i) with the previous sanction of the Chief Commissioner, take possession of such land, and 

(ii) notwithstanding anything to the contrary contained in this Act, allot it for cultivation on such 

terms and conditions as may be prescribed, and 

the person to whom the land is so allotted shall, unless he is the landlord at such land, be deemed to have 
been admitted as tenant within the meaning of clause (b) of section 22: 

Provided that, while giving his sanction under clause (i), the Chief Commissioner may exempt from 
its operation any land which is used as pasture land or threshing-floor, or for some other purpose for the 
benefit of the public. 

17. Classes of tenants.—There shall be, for the purposes of this Act, the following clauses of tenants, 

CHAPTER IV 
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  Ajmere  Land  and  Revenue 
Regulation, 1877 (2 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-mustaqil) and has continued in possession since, 

shall be called an 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 Ajmere Land and Revenue Regulation, 1877  (2 of 1877), or 

(b) acquires exproprietary rights in accordance with the provisions of this Act, 

shall be called an exproprietary tenant. 

15 

 
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-sharers of the village, he shall become an exproprietary tenant of the whole 
of his khudkasht in such village or area which he has 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-sharers 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 more 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  sub-section  (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 word “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  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 

16 

 
(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-sharers in such khudkasht and not all of them are in such 
service, the provisions of this clause shall apply only when the co-sharers 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. 

CHAPTER V 

DEVOLUTION, TRANSFER, EXTINCTION, DIVISION, EXCHANGE AND ACQUISITION 

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 find a non-occupancy tenant is heritable, but is not transferable, 
otherwise than by sublease 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: 

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  a  female,  a  minor,  a  lunatic,  an  idiot,  or  a  person 
incpabale 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 persona 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. 

17 

 
 
 
28. Tenancy, when extinguished.—The interest of a tenant in his holding or part thereof, as the case 

may be, shall be extinguished— 

Extinction of tenancies 

(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 (1 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 28, 
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)  Subjects  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 sub-tenant, 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. 

33. Division of holdings.—(1) A division of a holding shall be effected— 

Division, exchange and acquisition of holdings 

(a) by agreement between the co-tenants; or 

(b) by the order of the tahsildar, passed on an application under this section by a co-tenant against 

the others and the landholder: 

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 results of division, the area of the 

share of a co-tenant is reduced to less than ten acres. 

18 

 
(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 divided. 

(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  sub-section  (1)  of  section  33  applies,  the  tahsildar  may,  on  the  application  of  a  co-tenant, 
specify  the  share  of  such  co-tenant  in  the  produce  of  such  holding  and  depute  an  officer  to  divide  the 
produce  in  accordance  with  the  provisions  of  sub-sections  (2)  to (3)  of  section  77  which  shall,  mutatis 
mutandis, apply to such proceedings. 

(2) The order of the tahsildar under sub-section (2) 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 lie 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  (2),  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 extent 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 and tenant. 

(5) After deciding the case, the sub-divisional officer shall submit the record for confirmation of the 

order passed 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 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. 

19 

 
(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 reasonable 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 sub-sections (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 quality 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  extent  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 loss 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 entitled. 

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: 

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, to 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. 

20 

 
(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 

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. 

21 

 
CHAPTER VI 

GENERAL PROVISIONS RELATING TO TENANCIES 

Leases 

41. Right to written lease and procedure to obtain it.—(1) The tenant of holding shall be entitled 
to receive, from his landholder, a written lease, consistent with the provisions of this Act, drawn up in the 
prescribed form. 

(2) If the lease is not issued to the tenant, or it does not contain the particulars required to be stated 
therein, or contains particulars which the tenant does not accept as correct, he may make an application to 
the tahsildar and claim the lease in the proper form. 

(3)  Along  with  his  application  the  tenant  shall  file  three  copies  of  the  draft  lease  in  the  prescribed 
form,  stating  therein  all  the  particulars  in  accordance  with  the  terms  settled  between  him  and  his 
landholder, and shall verify each copy as a plaint. 

(4) The tahsildar shall, on receipt of the application, issue notice accompanied by a copy of the lease 

to the landholder to file objections, if any, within the period specified therein. 

(5)  If  the  landholder  appears  and  admits  the  correctness  of  the  lease,  or,  after  due  service  of  the 
notice, does not appear, the tahsildar shall sign and date the lease, put his official seal on it and deliver it 
to the tenant. 

(6) If the landholder files an objection, the tahsildar shall decide it, and, if the tenant is entitled to a 

lease, deliver the lease in the manner provided by sub-section (5). 

(7)  If  the  lease  is  delivered  to  the  tenant  under  sub-section  (5)  or  (6),  a  true  copy  thereof  shall  be 

furnished to the landholder and a copy of such lease shall be placed on the record of the case. 

(8)  The  tahsildar  shall  submit  the  record  of  the  case  for  confirmation  of  the  order  passed  by  him 

under sub-section (6) to the sub-divisional officer. 

(9)  A  lease  so  delivered  shall  be  deemed  to  be  registered  under  the  Indian  Registration                     

Act, 1908 (XVI of 1908) and the terms thereof, in so far as they are consistent with the provisions of this 
Act, shall be binding on the parties thereto. 

42. Registration of leases.—(1) A lease for a period exceeding one year, or from year to year, or for 

reclaiming any land shall be made by a registered instrument only. 

(2)  Notwithstanding  anything  contained in sub-section  (1),  the  parties  to  such lease  may,  in  lieu  of 
registering the same, obtain the attestation thereto of a girdawar, a naib-tahsildar, or a tahsildar, within 
whose jurisdiction the land leased is situated in accordance with the provisions of sub-section (4). 

(3) Such instrument shall be presented for attestation in duplicate. 

(4)  The  attesting  officer  shall,  after  satisfying  himself  as  to  the  identity  of  the  parties  and  the 
execution  of  the  instrument,  make,  sign  and  date  an  endorsement  thereon  to  the  effect  that  he  has  so 
satisfied himself, and shall deliver one copy to the lessor and the other to the lessee: 

Provided that no such instrument shall be accepted for attestation, unless it is presented within four 

months of its execution. 

(5)  An  instrument  so  attested  shall  be  deemed  to  be  registered  within  the  meaning  of  the  Indian 

Registration Act, 1908 (XVI of 1908). 

Declaration of rights 

43.  Declaration  of rights in  certain  cases.—(1)  In  case  of  doubt or  dispute,  the  landholder  or  the 

tenant may apply for a declaration as to any of the following matters:— 

(i) the rent payable or any other particulars prescribed for the lease; 

(ii) the right of a person claiming to be a tenant or a joint tenant of a holding, or the specification 

of his share in such holding; 

22 

 
(iii) question of status of a tenant; 

(iv) whether a particular plot is— 

(a) niji jot, or 

(b) stable or unstable land. 

(2)  Such  application  shall  be  filed  in  the  court  of  the  sub-divisional  officer  who  shall  decide  the 
dispute in accordance with the provisions of this Act, and submit the record of the case for  confirmation 
of the order passed by him to the collector. 

Improvements 

44.  Right  of  certain  tenants  to  make  improvements.—An  occupancy,  an  exproprietary  or  a 
hereditary tenant may make any improvement, but he shall not construct a tank unless he has obtained the 
written consent of the landholder. 

45.  Right  of  non-occupancy  tenants  to  make  improvements.—No  non-occupancy  tenant  shall 

make any improvement except with the written consent of his landholder: 

Provided that, if such tenant is a sub-tenant, he shall not make any improvement unless— 

(a) it is an improvement which his landholder could himself have made; and 

(b) he has obtained the written consent of his landholder. 

46.  Right  of  landlord  to  make  Improvement.—(1)  A  landlord  may,  with  the  sanction  of  the          

sub-divisional officer, make an improvement on, or affecting, the holding of a tenant: 

Provided  that  no  such  sanction  shall  be  required  if  the  tenant  of  such  holding  is  a  non-occupancy 

tenant, or the improvement which the landlord desires to make is a well. 

(2)  If  the  sub-divisional  officer  refuses  to  give  sanction,  he  shall  submit  the  record  of  the  case  for 

confirmation of the order passed by him to the collector. 

47. Provision when both landlord and tenant want to make the same improvement.—(1) If both 
the landlord and the tenant want to make the same improvement which they are entitled to make under 
this  Act,  the  sub-divisional  officer  shall,  on  application,  allow  the  tenant  to  execute  the  work  within  a 
specified period and may, on reasonable cause being shown, extend such period from time to time: 

Provided that the total period of such extensions shall not exceed six months. 

(2) If the tenant fails to execute the work within such period or extended period, the landlord shall 

have the right to make such improvement. 

48.  Restrictions  on  making  improvement.—Nothing  in  this  Chapter  shall-entitle  a  tenant  or  a 
landholder  to  make  an  improvement  on,  or  detrimental  to,  any  land,  not  included  in  the  holding  to  be 
benefited  by  such  improvement,  unless  he  is  in  possession  of  such  land  as  owner,  or  has  obtained  the 
written consent of the landlord and of the tenant, if any, of such land. 

49.  Compensation  for  improvement,  when  permissible.—A  tenant  who  has  made  a  work  of  the 
kind to which the provisions of  clause (13) of section 4 apply, whether such work was made before or 
after the commencement of this Act, shall be entitled to claim compensation— 

(a) if an order of ejectment is passed against him; or 

(b) if he has been wrongfully ejected from his land and has not recovered possession thereof: 

Provided that in case of a dwelling house mentioned in sub-clause (i) of clause (13) of section 4, the 
tenant may, instead of claiming compensation, sell or remove the  materials thereof or, with the written 
consent  of  the  landlord  and  within  such  period  as  the  court  deciding  the  claim  for  compensation  may 
specify, transfer the right of residence therein to any tenant of the village: 

23 

 
Provided further that except in case of such dwelling house, compensation shall not be  payable for 
any work made more than thirty years prior to the date on which the order of ejectment was passed or the 
tenant was wrongfully ejected. 

50.  Determination  of  compensation.—When,  under  any  provision  of  this  Act,  a  court  has  to 

determine the amount of compensation due on account of an improvement, it shall have regard— 

(a) to the amount by which the value or the produce of the holding, or the value of that produce, 

is increased by the work, 

(b) to the condition of such work and the probable duration of its effect, 

(c)  to  the  extent  or  benefit  to  which  the  landholder  or  the  tenant  may  be  entitled  under          

section 51, and 

(d) to the labour and capital required for the making of such work, allowing for— 

(i)  any  reduction  or  remission  of  rent  or  any  other  advantage  allowed  to  the  tenant  by  the 

landholder in consideration of the work, 

(ii) any assistance given to the tenant by the landholder in money, material or labour, and 

(iii) in the case of reclamation or of conversion of unirrigated to irrigated land, the length of 

time during which the party claiming compensation has had the benefit of the improvement. 

51. Works benefiting other land.—(1) If a tenant has made an improvement on land from which he 
is ejected, the landholder shall, on payment of compensation, if awarded, become the owner of the work, 
but the tenant shall be entitled to the benefit of the work in respect of the land remaining in his possession 
to the same extent and in the same manner as it was hitherto benefited thereby. 

(2) If a tenant has made an improvement on land which remains in his possession after he is ejected 
from the other portion of his holding, the landholder shall, in accordance with the conditions laid down by 
the court, be entitled to the benefit of such work in respect of the land from which the tenant has been 
ejected to the same extent and in the same manner as it was hitherto benefited thereby. 

52. Disputes as regards improvements.—If a question arises between a tenant and his landholder— 

(a) as to the right to make an improvement; or 

(b) as to whether a work contravenes the provisions of section 48; or 

(c) as to whether a particular work is an improvement; or 

(d) as to the right to the benefit of an improvement under section 51, 

the  sub-divisional  officer  shall,  on  the  application  of  either  party,  decide  the  question  and  submit  the 
record of the case for confirmation of the order passed by him to the collector. 

Trees 

53. Right of tenant paying fixed money rent to plant tree.—A tenant, other than a non-occupancy 

tenant, who pays fixed money rent may plant on his Molding any tree: 

Provided that— 

(a) he shall not plant any tree in such a way as to diminish the value of any land, not included in 

his holding; and 

(b) he shall, in the absence of a written agreement to the contrary, continue to be liable to pay the 

full rent of the holding. 

54. Right of a tenant paying batai or bighori to plant tree.—A tenant, other than a non-occupancy 
tenant, who pays rent by batai, or bighori or partly by batai and partly by bighori, may plant any tree with 
the written consent of his landlord on such terms as may be settled between them: 

Provided  that  he  shall  not  plant  any  tree  in  such  a  way  as  to  diminish  the  value  of  any  land,  not 

included in his holding. 

24 

 
55. Tenant’s rights in tree existing at the commencement of the Act.—(1) Any tree standing at the 
commencement of this Act on the holding of a tenant, not being a sub-tenant, shall vest in such tenant, if 
he has continuously been in possession of such holding for not less than twelve years immediately before 
such commencement. 

(2) If a tree does not vest in such tenant under sub-section (1), he may— 

(i)  if  such  tree  hinders  the  cultivation  of  the  folding,  fell  it  with  the  previous  sanction  of  the 
tahsildar and after notice in writing to the landlord or his agent, and deliver the timber thereof to such 
landlord or agent; or 

(ii)  appropriate  such  tree  and  pay  to  the  landholder  such  price  as  the  tahsildar  may,  on  the 

application of the tenant, fix. 

(3) The tahsildar shall, if the order giving or refusing sanction for felling, such tree or fixing the price 
thereof is passed in a contested case, submit the record of the case for confirmation of the order passed by 
him to the sub-divisional officer. 

56. Decision of disputes regarding trees.—If a dispute arises between a landlord and a tenant as to 
the right to plant any tree, or the manner of planting it, or regarding the ownership of any tree, the dispute 
shall,  on  the  application  of  either  party,  be  decided  by  the  sub-divisional  officer  who  shall  submit  the 
record of the case for confirmation of the order passed by him to the collector. 

Surrender and abandonment 

57. Surrender by tenant.—Subject to the provisions of section 29, a tenant, not bound by a lease or 

other agreement to continue to occupy any holding in the following year, may— 

(i) by means of a registered letter, sent to his landholder before the first day of March in any year, 
notify his intention to surrender his holding at the end of the agricultural year, whether such holding, 
is or is not held by a sub-tenant; and 

(ii) surrender his holding by giving up possession thereof accordingly: 

Provided that an exproprietary tenant shall not surrender his holding of any part thereof except to his 
own  landholder,  and  unless  (a)  a  period  of  two  years  has  elapsed  from  the  date  of  accrual  of  the 
exproprietary rights, and (b) such tenant has obtained the previous sanction of the collector: 

Provided further that nothing in this section shall affect any arrangement by which a tenant, other than 
an exproprietary tenant, and the landholder may agree to the surrender of the whole or any portion of the 
holding. 

58. Abandonment.—(1) Subject to the provisions of sub-sections (2) and (3) a tenant who ceases to 
cultivate his holding and leaves the neighbourhood, shall not lose his interest in such holding, if he leaves 
in charge thereof a person responsible for payment of the rent as it falls due and gives written notice to the 
landholder of such arrangement. 

(2) If the person so left in charge is a person— 

(a) on whom, in the event of the tenant‟s death, the tenant‟s interest would devolve, or 

(b)  who  is  to  manage  the  holding  for  the  benefit  of  the  person  on  whom  in  the  event  of  the 

tenant‟s death, the tenant‟s interest would devolve, 

the tenant shall, on the expiry of a period of seven years, lose his interest in his holding unless he, within 
such  period,  resumes  cultivation  thereof,  and  such  interest  shall  devolve  on  the  person  on  whom  the 
interest of the tenant would devolve in the event of his death. 

(3) If the person so left in charge is not a person mentioned in sub-section (2), the tenant shall, on the 
expiry of a period of three years, be deemed to have abandoned his holding, unless within such period he 
resumes cultivation thereof. 

(4) A tenant who ceases to cultivate and leaves the neighbourhood, otherwise than in accordance with 

the provisions of sub-section (2), shall be deemed to have abandoned his holding. 

59. Taking possession of holding surrendered or abandoned.—A landholder may enter upon, and 

occupy, the land surrendered or abandoned in accordance with the provisions of this Act. 

25 

 
60. Dispute arising out of surrender and abandonment of land.—(1) If a dispute arises as to— 

(a) the right of a tenant to surrender his holding or part thereof, or 

(b) the right of a landholder to enter upon and occupy the land under the provisions of section 59, 

either party may, within three months from the date of such dispute, apply to the tahsildar for decision. 

(2) The tahsildar  shall decide the dispute and submit the record of the case for confirmation of the 

order passed by him to the sub-divisional officer. 

CHAPTER VII 

PREMIA AND OTHER LEVIES 

61.  Acceptance  of  premium;  how  far  permissible.—No  landholder  shall  accept  a  premium  for 

admitting a person to a holding: 

Provided that this prohibition shall not apply to a landlord who confers biswadari right in any waste 

or unimproved land or common land of a village. 

62. Lag, neg and cess.—(1) Notwithstanding any custom or contract to the contrary, no lag, or neg, 
by whatever name called or known, shall, in addition to the rent of the holding, be levied on, or recovered 
from, a tenant: 

Provided  that  this  prohibition  shall  not  apply  to  a  village  development  cess  levied  under                 

sub-section (2). 

(2) The Chief Commissioner may, with the previous approval of the Central Government, declare that 
the tenants of any village shall be liable to pay a village development cess, not exceeding two and a half 
per cent, of the rental to be applied for such purposes, and to be collected and disbursed in such manner, 
as may be prescribed in this behalf. 

(3) In case of doubt, the Chief Commissioner may determine whether any levy is a levy prohibited by 

sub-section (1). 

CHAPTER VIII 
RENT AND ITS RECOVERY 
PART I.—Basic rent of tenants 

63. Liability for payment of rent.—Every occupancy, exproprietory, hereditary or non-occupancy 

tenant shall be liable to pay rent in accordance with the provisions of section 64: 

Provided that if, at the commencement of this Act, a lower rent is payable by a tenant, or, after such 
commencement,  a  lower rent  is  agreed upon  between  him  and  his landholder,  he  shall  be  liable to  pay 
such rent only. 

64. Scale of rent for different classes of tenants.—Subject to the provisions of section 63, a tenant 

shall be liable to pay rent in accordance with the following scale:— 

(a) a hereditary or a non-occupancy tenant, other than a 

one-fifth of the produce of his holding; 

sub-tenant 

(b) an occupancy tenant 

(c) an exproprietary tenant 

one-sixth of the produce of his holding; 

one-eighth of the produce of his holding: 

Provided that if in any area bighori at customary rate is payable for any crop, a tenant may elect to 

pay such rate for such crop: 

Provided further that if a tenant grows cotton, or a crop in which cotton predominates, on more than 
one fourth of the irrigable area of his holding, the rent of such excess area shall be payable at double the 
bighori at customary rates. 

26 

 
 
Explanation.—In  this  section  the  expression  “produce  of  his  holding”  shall  not  include  the  straw 

chaff (bhusa) of the rabi or the dry stalks of kharif crop. 

65.  Status  and  liability  of  person  permitted  to  retain  possession.—Notwithstanding  anything 
contained in section 106, a person occupying any vacant land in contravention of the provisions of this 
Act shall, if permitted in writing by the landlord to retain possession of such land, become a hereditary 
tenant thereof and shall be liable to pay rent in accordance with the provisions of sections 63 and 64.  

PART II—Payment and recovery of rent 
General provisions 

66. Hypothecation of produce towards payment of rent.—The produce of every holding, whether 
sub-let or not, shall be deemed to be hypothecated of the landlord for the rent payable in respect of such 
holding and, until the demand for such rent has been satisfied, no other claim on such produce shall be 
enforced by sale in execution of a decree of a civil or revenue court, or otherwise. 

67.  Procedure  when  produce  is  attached  by  civil  or  revenue  court.—(1)  If  the  produce  of  any 
holding is attached by an order of a civil or revenue court, such court shall give notice of such attachment 
to the landlord who may apply to such court to sell the produce and pay to him, out of the proceeds of the 
sale thereof, any arrears of rent due in respect of such holding up to the date of the attachment. 

(2)  If  such  court,  on  inquiry,  finds  the  landlord's  claim  to  the  whole  or  any  part  of  the  rent  to  be 
proved, it shall sell the produce or such portion thereof as it may deem fit, and apply the proceeds of the 
sale, in the first instance, to satisfy such claim. 

68. Right of landlord to collect rent from cultivator.—(1) If the rent of a holding which is sub-let, 
or is left in charge of another person under section 58, is payable to the landlord by batai, he may collect 
such rent from the sub-tenant or such person: 

Provided that if any rent is so collected by the landlord, the sub-tenant may deduct such rent from any 

rent payable by him to his landholder. 

(2) If any conflict arises between the claims of the landlord and the tenant of such holding to collect 

rent from the sub-tenant the claim of the landlord shall prevail. 

69. No cartage allowed.—When rent is paid by batai, the landholder shall not claim or receive any 
additional  quantity  of  the  produce  or  its  money  equivalent  for  cartage  to  his  own  residence  or  to  any 
market place. 

70. Presumption as to payment by tenant and application of such payment.—If a tenant makes a 
payment to his landholder, the payment shall, in the absence of a direction to the contrary, be deemed to 
have been made on account of rent, and shall be credited to any year, instalment or holding, specified by 
the tenant: 

Provided that no such payment shall be applied to the discharge of an arrear of rent which has been 

outstanding for more than two years at the date of such payment. 

71. Modes of making payment of money rent.—(1) A payment of a money rent may be made by a 

tenant to his landholder, either direct or by money order: 

Provided that the acceptance by a landholder of a sum paid by money-order shall not, by itself or by 
virtue of anything written on the money-order form, be deemed to constitute an admission by him as to 
the  amount  of  rent  payable  or  due  on  account  of  any  particular  year,  instalment  or  holding,  or  an 
admission that the payer is a tenant. 

(2) When such rent is sent by money order, in the case of acceptance, the payee‟s receipt and in the 
case  of  refusal,  the  endorsement  of  such  refusal  on  the  money-order  form,  duly  stamped  by  the  post 
office,  shall  be  admissible  in  evidence  without  formal  proof  and  shall,  until  the  contrary  is  proved,  be 
presumed to be a correct record of such acceptance or refusal. 

27 

 
72.  Right  to  get  receipt.—(1)  Every  tenant,  lessee  or  licensee  who  makes  payment  on  account  of 
rent, sayar or premium shall be entitled to obtain forthwith from the landholder a written receipt signed 
by the landholder or his agent. 

(2) The landholder shall, from a book printed under section 74, give a separate receipt for each sum 
paid on account of rent, sayar or premium, and shall prepare and retain a counterfoil of each receipt given 
by him. 

73. Penalty for not issuing proper receipt.—If a receipt is not issued in the prescribed form, or does 
not contain substantially the particulars required to be stated therein, or if a joint receipt for rent, sayar or 
premium  has  been  given  in  contravention  of  the provisions  of  sub-section  (2) of  section  72, it  shall  be 
presumed,  until  the  contrary  is  proved,  to  be  an  acquittance  in  full  of  all  demands  for  rent,  sayar,  or 
premium, as the case may be, up to the date on which the receipt was given. 

74.  Obligation  of  Chief  Commissioner  to  print  and  supply  books  of  receipt.—The  Chief 
Commissioner shall cause to be printed and kept for sale to landholders, at all tahsil headquarters, books 
of receipts with counterfoils in the prescribed form at a rate, not exceeding the actual cost of production, 
plus five per cent, thereon to cover incidental charges. 

75.  Penalty  for  non-production  of  receipt  book  with  counterfoils.—If,  in  any  proceeding  under 
this Act between a landholder and a tenant in which the payment of rent, sayar or premium is in dispute, 
the landholder, when ordered by the court to produce the book of receipts with counterfoils which he is 
required  to  retain  under  section  72,  fails  to  produce  it,  the  court  may  accept  the  plea  of  the  tenant 
regarding  such  payment  as  correct  or  may  make  any  presumption  against  the  landholder  which  it 
considers reasonable. 

76. Rights and liabilities in respect of produce.—(1) When rent is payable by batai, the tenant shall 
have a right to the exclusive possession of the crop and to cut and harvest it in due course of husbandry 
without any interference on the part of the landholder, but shall not be entitled to cut any portion of the 
produce  of  his  holding  or  to  remove  it  from  the  threshing-floor  at  such  time  or  in  such  manner  as  to 
prevent the due division thereof at the proper time. 

(2) If a landholder prevents a tenant from tending, cutting, gathering or storing the crop, or otherwise 
interferes with harvesting operations, he shall be liable, on the complaint of the tenant, to pay to him such 
sum,  not  exceeding  one  hundred  rupees,  as  may  be  awarded  as  compensation  and  such  sum  shall  be 
recovered as arrears of revenue and paid to the tenant. 

(3) Such complaint shall be made in writing to the sub-divisional officer who shall inquire into, and 

decide, the case and submit the record for confirmation of the order passed by him to the collector. 

(4) If the tenant cuts or removes any portion of the produce of his holding, contrary to the provisions 
of  sub-section  (1),  such  produce  shall,  for  the  purpose  of  determining  the  share  of  the  landholder,  be 
deemed to be equal to that of the best crop of the same kind grown at that harvest on similar land in the 
neighbourhood. 

77. Application for officer to make division.—(1) When the rent of any land is payable by  batai, 
the tenant may, when the crop is ripe, apply to the tahsildar, requesting that an officer be deputed to make 
the division and, subject to the payment of the prescribed fee, the tahsildar shall, within ten days of such 
payment, depute an officer for the purpose. 

(2) The officer so deputed shall proceed to the spot on a  day of which notice shall be given to the 
landholder and the tenant, cause the crop to be cut or gathered, and stored, and, after such inquiry as he 
deems fit, get the produce divided in accordance with the shares to which the parties may be respectively 
entitled. 

(3) The weighment charges or other expenses, if any, incurred in making the division shall be borne 

by the parties in proportion to their shares in the produce. 

28 

 
 
 
(4)  In  making  the  division,  such  officer  shall  take  the  assistance  of  assessors  to  be  appointed,  as 
nearly as may be, in accordance with the provisions of sub-sections (2) and (3) of section 79, draw up a 
note specifying the share of produce delivered to each party and other necessary particulars, explain such 
note to the parties and assessors, get it signed by them and submit it with his report to the tahsildar. 

(5) Such officer shall not allow any levy prohibited by sub-section (1) of section 62 to be charged at 

the time of batai, and in his report to the tahsildar he shall state that no such levy was charged. 

(6) If either the landholder or the tenant is dissatisfied with the division he may, within fifteen days of 
such division, complain in writing to the tahsildar who shall inquire into the matter and, if necessary, pass 
a decree for money in favour of the party entitled, and submit the record of the case for confirmation of 
the decree or order passed by him to the sub-divisional officer If no such complaint is made, the tahsildar 
shall confirm the note of the officer deputed. 

(7) The sub-divisional officer may confirm, amend or set aside the decree of order or pass such other 

order as he deems fit. 

(8) A decree for money passed under sub-section (6) or (7) shall, if against the tenant, be deemed to 
be a decree for arrears of rent and, if against the landholder, be realised in accordance with the provisions 
of sections 88 and 89. 

78. Application for kuta.—If, by an agreement between a landholder and his tenant, the batai rent of 
a  holding  is  payable  in  cash  by  kuta,  either  party  may  apply  in  the  prescribed  form  to  the  tahsildar  to 
depute an officer to make the kuta. 

79. Procedure on application.—(1) On receipt of an application under section 78, and on payment 
of the prescribed fee, the  tahsildar shall, within ten days of such payment, issue a written notice to the 
landholder and the tenant to attend on such date and at such time and place as may be specified in the 
notice, and shall depute an officer by whom the kuta shall be made. 

(2) On the day, and at the time and place, so fixed, such officer shall attend and call upon each party 

to appoint a resident of the neighbourhood as an assessor to assist him. 

(3) If any party fails to attend, or refuses to appoint an assessor, sum officer shall appoint an assessor 
on his behalf and shall, with the assistance of the assessors so appointed, make the  kuta and deliver an 
award in the prescribed form and submit the same with a report of the proceedings to the tahsildar. 

(4) The tahsildar shall issue notice to the parties to file objections, if any, to the award within fifteen 
days  of  the  date  of  service  of  such  notice  and  shall,  after  hearing  such  objections  and  making  such 
inquiry,  as  he  considers  necessary,  accept  or  modify  such  award  and  submit  the  record  of  the  case  for 
confirmation of the order passed by him to the sub-divisional officer. 

(5) The sub-divisional officer may, after further inquiry, if necessary, confirm or modify the award. 

(6) After the award has become final, the tahsildar shall assess the money value of the rent payable to 

the landholder and pass a decree for arrears of rent against the tenant. 

80.  Collector  to  publish  return  of  current  prices.—Within  one  month  of  the  end  of  harvesting 
operations  in  a  tahsil,  or  as  soon  thereafter  as  may  be,  the  collector  shall  prepare,  in  the  prescribed 
manner, a return of market prices current at the harvest time of all food and non-food crops grown in such 
tahsil  and  the  return  so  prepared  shall  be  accepted  for  assessing  the  money  value  of  the  produce  of  a 
holding in cases triable under this Act: 

Provided that if, in any area, the Central Government has fixed any price for any agricultural produce 

such price shall be accepted for making such assessment. 

81. Assessment of bighori by court.—(1) In case of bighori— 

(a) if the landholder or the tenant neglects to measure the area sown at the proper time, or 

(b) if there is a dispute about the extent of the area sown, the length of the measuring chain, or the 

manner of measurement of such area, 

29 

 
either party may make an application to the tahsildar, requesting that a measurer be appointed to measure 
such area. 

With the application, the applicant shall deposit such fee as may be prescribed. 

(2) The provisions of sub-sections (1) to (3) of section 79 shall apply to an application made under 
this section, as if for the words “kuta” and “officer”, wherever they occur in such sub-sections, the words 
“measurement” and “measurer” respectively were substituted. 

(3) On receipt of the measurer's award, the tahsildar shall issue notice to the parties to file objections, 
if any, within fifteen days of the date of service of such notice and, after hearing such objections, pass a 
decree for the arrears of rent found due, and submit the record of the case for confirmation of the decree 
passed by him to the sub-divisional officer. 

82.  Commutation  of  batai  rent  into  bighori  in  certain  cases.—(1)  Where  a  tenant,  other  than  a       

non-occupancy tenant, has heretofore paid his rent by batai, or partly by bighori and partly by batai, he 
may, apply to the sub-divisional officer to commute his rent paid by batai into bighori. 

(2) The sub-divisional officer shall, in accordance with the table of rates prepared in the prescribed 

manner, declare the bighori which such tenant shall be liable to pay. 

83.  Payment  of  commuted  rent.—The  rent  commuted  under  the  provisions  of  section  82  shall 
become  payable  from  June  next  following  the  date  of  the  order  and  shall  remain  in  force  for  three 
agricultural  years  unless,  at  the  end  of  such  period,  the  landlord  and  the  tenant,  by  a  joint  application 
made to the sub-divisional officer, get the period extended for any term agreed upon between them. 

84. Rent when and how payable.—(1) Subject to the provisions of this Act, the rent of a tenant shall 

Arrears 

be payable as follows:— 

(i) in case of batai or bighori— 

(a) as agreed upon between the tenant and the landholder, 

(b) in the absence of any such agreement, according to local custom, and 

(ii) in case of fixed money rent, in instalments proportionate to the revenue instalments payable 

one month before the dates appointed for the payment of the revenue instalments. 

(2) Rent, or any instalment thereof, not paid by due date, shall be deemed to be in arrears. 

85. Claim for arrears of rent.—(1) If rent, which is payable by batai or bighori, is in arrears, or if 
the  tenant  has,  without  sufficient  cause,  failed  to  cultivate  his  holding,  the  landholder  may,  within  two 
years of the date on which rent became payable, apply to the tahsildar for the recovery of arrears of rent. 

(2)  An  application  for  the  recovery  of  fixed  money-rent  shall  be  made  to  the  tahsildar  within  two 

years of the date on which such rent became payable. 

(3) For purposes of the assessment of the rent recoverable under sub-section (1)— 

(i) in case of batai, the provisions of sub-section (4) of section 76 shall apply, and 

(ii) in case of batai or bighori, the entire area of the holding of the defendant shall, in the absence 
of evidence to the contrary, be deemed to have been actually cultivated during the period to which the 
claim relates. 

(4) The tahsildar shall decide the case and submit the record for confirmation of the decree passed by 

him to the sub-divisional officer. 

86. Interest in cases of arrears of rent.—When a court passes a decree for arrears of rent under the 
provisions of this Chapter, it shall allow interest on the amount decreed from the date of such decree till 
the date of its satisfaction at the rate of one anna per rupee per annum simple interest unless, for reasons 
to be recorded in writing, it disallows the interest or allows interest at a lower rate. 

30 

 
87.  Landlord’s  power  to  charge  irrigation  dues.—If  a  landlord  has  constructed  a  tank,  whether 
before  or  after  the  commencement  of  this  Act,  he  shall,  subject  to  the  rules  made  by  the  Chief 
Commissioner, be entitled to charge irrigation dues from persons irrigating land from such tank, at such 
rates as may be prescribed. 

88. Method of recovering sayar.—(1) A landlord to whom any sum is due on account of sayar may, 
on an application to the tahsildar, recover the same by attachment and sale of the property of the defaulter 
with the exception of the following:— 

(a) the necessary wearing apparel, cooking utensils, beds and bedding of the defaulter, and of his 
wife  and  children  and  such  personal  ornaments  as,  in  accordance  with  religious  usage,  cannot  be 
parted with by any woman; 

(b)  his  implements  of  husbandry  and  such  cattle  and  seed  grain  as  may,  in  the  opinion  of  the 

court, be necessary to enable him to earn his livelihood as an agriculturist; and 

(c) houses and other buildings belonging to the defaulter and actually occupied by him or used by 

him as a cattle-shed. 

(2)  If,  in  the  course  of  any  proceeding  under  sub-section  (1),  any  claim  is  preferred  to,  or  any 
objection is made to the attachment of, any property by any person, whether a party to such proceeding or 
not, the tahsildar shall decide the dispute and submit the record of the case for confirmation of the order 
passed by him to the sub-divisional officer. 

89. Realisation of sayar as arrears of revenue.—(1) If, in the opinion of the tahsildar the arrears of 
sayar  cannot  be  recovered  under  section  88,  he  may  move  the  sub-divisional  officer  to  sanction  the 
collection of such arrears as arrears of revenue. 

(2)  The  sub-divisional  officer  may,  if  he  is  satisfied  that  such  arrears  cannot  be  recovered  under 

section 88, direct the tahsildar to recover such arrears as arrears of revenue. 

(3)  Any  arrears  of  sayar  recovered  under  section  88  or  under  this  section  shall  be  paid  by  the 

tahsildar to the person entitled. 

PART III.—Emergency provision 

90. Recovery of arrears in the event of general refusal to pay.—(1) In case of any general refusal 
to  pay  rent  or  any  demand  on  account  of  sayar  to  persons entitled to  collect  the  same  in  any  area,  the 
Chief Commissioner may, by notification in the Official Gazette, declare that such rent or demand may be 
recovered in accordance with the provisions of sub-section (2). 

(2)  In  any  area  to  which  a  notification  made  under  sub-section  (1)  applies, a  landholder  entitled  to 
collect such rent or demand may, notwithstanding anything to the contrary contained in this Act or any 
other  law  for  the  time  being  in  force,  apply  in  writing  to  the  tahsildar  to  recover  the  same,  and  the 
tahsildar  shall,  after  satisfying  himself  that  the  amount  claimed  is  due,  recover  file  same  with  costs  as 
arrears of revenue and submit the record of the case for confirmation of the orders passed, and the action 
taken, by him to the collector. 

(3)  The  collector  may,  after  examining  the  record,  order  that,  after  deducting  from  the  amount 
recovered  the  collection  charges  which  shall  not  ordinarily  exceed  seven  per  cent,  of  the  amount  so 
recovered, the balance shall be made ever to the person entitled: 

Provided that the total amount deducted as court-fee under section 178 and collection charges shall 

not, in the aggregate, exceed fourteen and a half per cent, of the amount so recovered. 

(4) No order passed under this section shall debar a landholder from recovering, under the provisions 

of this Act, any amount due to him which has not been recovered under this section. 

PART IV.—Payment of revenue by biswadars to jagirdars and muafidars 

91. Application of certain sections to biswadars.—(1) The provisions of sections 62, 66, 67, 69 to 
77, 81, 87 to 90 and 108 to 112 shall apply to a biswadar in relation to a jagirdar or a muafidar, as if in 
such sections for the word „tenant‟, the word ‘biswadar’ and for the word „landlord‟ or „landholder‟ the 
word „jagirdar’ or ‘muafidar’, as the ease may be, and for the word “rent” the words “revenue payable by 
a biswadar”, were substituted. 

31 

 
(2) The amount of a decree for arrears of revenue passed against a  biswadar, if not satisfied within 
thirty days of the date when such decree becomes final shall, on the application of the decree-holder, be 
recovered by the tahsildar as arrears of revenue and paid to the person entitled. 

CHAPTER IX 
EJECTMENT OF TENANTS 
General 

92. Arrears deemed satisfied when tenant is ejected.—Subject to the provisions of sub-section (2) 
of section 94, when a tenant is ejected from his holding for non-payment of arrears of rent, all arrears, 
whether decreed or not, and irrigation dues due in respect of such holding on the date of ejectment shall 
be deemed to have been satisfied. 

93.  Decree  for  arrears,  how  executed.—No  decree  for  arrears  of  rent  shall  be  executed  against  a 

tenant otherwise than in the manner provided by section 98. 

94. Adjustment of arrears and compensation on ejectment.—(1) A court, deciding any proceeding 
under this Act by which a tenant is ejected from his holding or part thereof shall, before passing an order 
of ejectment, award the amount of compensation due to him on account of an improvement, a tree or a 
crop belonging to him and existing on such holding: 

Provided that if, on the date of such order, no arrears of rent, decreed or undecreed, or irrigation dues 
are outstanding against him on account of such holding and there is a tree or crop upon the land, he may 
cut and remove such tree and, subject to such payment and such other terms as the court passing the order 
may specify, use such land for tending, gathering and removing such crop. 

(2)  If,  on  such  date,  any  such  arrears  are  outstanding  against  the  tenant  and  the  amount  of 
compensation  awarded to him  under  sub-section  (1) exceeds  the  amount  recoverable  from  him  as  such 
arrears, the  order  for ejectment  shall be conditional on  the  payment  into  court by  the landholder  of  the 
balance  due  to  the  tenant  within  such  time  as  the  court  may  direct;  and  if  the  amount  of  such 
compensation  does  not  exceed  such  arrears,  any  claim  for  compensation  made  by  the  tenant  shall  be 
deemed to have been satisfied on his ejectment. 

95. Entry of landholder on land from which tenant is ordered to be ejected.—(1) A landholder 

may enter upon possession of a holding or part thereof from which a tenant is ordered to be ejected: 

Provided that he shall not enter upon such holding or part unless— 

(a) in a case to which the proviso to sub-section (1) of section 94 applies, the tenant has gathered 

and removed the crop in due course of husbandry; and 

(b) the amount of compensation, if any, awarded by the court has been paid into court or adjusted 

in accordance with the provisions of sub-section (2) of section 94. 

(2) If the amount of compensation awarded under sub-section (1) of section 94 has not been paid into 
court  or  adjusted  in  accordance  with  sub-section  (2)  of  that  section,  the  order  of  ejectment  shall  be 
cancelled, and the landholder shall be liable to pay to the tenant the cost of the proceedings which shall be 
collected as arrears of revenue and paid to the tenant. 

(3)  If  the  tenant  offers  any  resistance  or  obstruction  to  entry  on  land  on  which  a  landholder  has 
become  entitled  to  enter  under  sub-section  (1),  the  court  passing  the  order  of  ejectment  shall,  on  the 
application of the landholder, direct that such landholder be put into possession of such land and where he 
is still resisted or obstructed in obtaining possession, the court may, at his instance, order the tenant to be 
detained in the civil prison under rule 98 of Order XXI of the Code of Civil Procedure, 1908 (V of 1908). 

(4) The  court  hearing  any  proceeding  by  which a tenant is  ejected  from  his holding  or  part  thereof 
shall  decide  all  disputes  arising  under  section  94  or  this  section  and  such  decision  shall  be  subject  to 
confirmation by the court to which the record of such proceeding is submitted for confirmation. 

32 

 
Grounds of ejectment 

96. Grounds of ejectment.—A tenant shall be liable to ejectment from his holding on one or more of 

the following grounds:— 

(a)  that  a  final  decree  against  him  for  arrears  of  rent  in  respect  of  that  holding  had  remained 

unsatisfied; or 

(b)  that  he  is  guilty  of  any  act  detrimental  to  the  land  in  that  holding,  or  inconsistent  with  the 

purpose for which it was let; or 

(c) where rent is payable by batai, that for three successive years he has, without sufficient cause, 

failed to cultivate his holding; or 

(d) that he or any person holding from him has broken a condition on breach of which he is, by 

special contract which is not contrary to the provisions of section 8, liable to be ejected; or 

(e) that he has sub-let or otherwise transferred his holding or part thereof in contravention of the 

provisions of this Act: 

Provided that the use of one-twentieth part of a plot included in a holding for growing grass or for the 
construction  of  enclosures on  such part  for  stock  raising,  or  for  any  purpose subservient to  agriculture, 
shall not constitute a ground for ejectment under clause (b). 

97. Special grounds of ejectment of non-occupancy tenants.—A non-occupancy tenant, other than 
a sub-tenant to whom the provisions of section 32 apply, shall be liable to ejectment on the ground that he 
holds only as a tenant from year to year, or under a lease which has expired or will expire by the end of 
the current agricultural year. 

98. Procedure in ejectment for decreed arrears.—(1) Immediately after a decree for arrears of rent 
passed under section 77, 79, 81 or 85 has become final, the tahsildar shall cause a notice to be served on 
the tenant stating the amount due under the decree, and requiring him, within two months from the service 
of the notice, to pay such amount into court. 

(2) If the amount is so paid, the tahsildar shall record satisfaction on the decree and grant a receipt 
therefore  which  shall  operate  as  an  acquittance  for  the  amount  deposited  as  if  such  amount  had  been 
received by the decree holder and pay such amount to the person entitled to receive it. 

(3) If the amount is not so paid by the tenant the tahsildar shall order his ejectment from his holding 
or part thereof as prescribed and submit the record of the case for confirmation of the order passed by him 
to the sub-divisional officer. 

(4) The sub-divisional officer may— 

(a) on the application of the tenant, extend the tithe for the payment of the decretal amount for a 

period, not exceeding two months from the date of such order; or 

(b)  allow  payment  into court  of  such  amount  by  installments and  specify  the time  for  payment 

thereof; or 

(c) confirm the order of ejectment. 

(5) If the sub-divisional officer by order extends the time for the payment of the decretal amount or 
allows payment by installments and such order is duly complied with, the order of ejectment shall be set 
aside. 

(6) If the decretal amount or any installment is not paid into court within the period allowed under 

clause (a) or (b) of sub-section (4), the sub-divisional officer shall confirm the order of ejectment. 

99. Procedure for ejectment on other grounds.—(1) When a landholder desires to eject a tenant on 
one or more of the grounds specified in clauses (b) to (c) of section 96, he shall file an application in the 
court of the sub-divisional officer containing such particulars as may be prescribed. 

33 

 
(2) If the sub-divisional officer finds that the tenants is liable to ejectment, he shall pass a conditional 
order for his ejectment either from the entire holding or from such portion thereof, as, having regard to all 
the circumstances of the case, he considers desirable and shall also direct that— 

(i)  in  the  case  of  an  order  under  clause  (b),  (c)  or  (d)  of  section  96,  the  tenant  shall  repair  the 
damage, or pay such compensation as the court may  direct within two months from the date of the 
order, or such further time as the court may, for reasons to be recorded allow; and 

(ii) in the case of an order under clause (e) of that section, the tenant shall obtain surrender of, or 
eject the sub-lessee or other transferee from, the holding or part thereof which is sub-let or otherwise 
transferred in contravention of the provisions of this Act and resume possession of such holding or 
part, as the case may be, within such time as the court may specify. 

(3) If the sub-divisional officer is satisfied that the tenant has complied with the order passed under 
sub-section (2), he shall cancel the order of ejectment, but if he is not so satisfied, he shall make the order 
of ejectment absolute and shall, in either case, submit the record for confirmation of the order passed by 
him to the collector: 

Provided that no application for ejectment shall be entertained on the ground mentioned in clause (c) 
of section 96, if the landholder has recovered under section 85 the arrears of rent for the period the tenant 
has failed to cultivate his holding. 

100.  Application  for  ejectment  of  non-occupancy  tenant.—A  landholder  who  desires  to  eject  a 
non-occupancy  tenant  to  whom  section  97  applies  may,  in  the  month  of  May,  make  an  application  in 
duplicate to the tahsildar stating the following particulars:— 

(a) the name, description and place of residence of the landholder; 

(b) the name, description and place of residence of the tenant; 

(c) a description of the holding, specifying the name of the village, the rent payable, and, unless 

the holding can be otherwise adequately described, the khasra number and area of each field; and 

(d) the ground on which ejectment is applied for. 

101.  Procedure  on  application.—(1)  The  tahsildar  shall  send  one  copy  of  the  application  to  the 
tenant  and  inform  him  that  he  may  file  objections,  if  any,  within  thirty  days  of  the  receipt  of  such 
application. 

(2) It the tenant admits his liability to ejectment, or has not appeared within such period, the tahsildar 

shall pass an order for his ejectment. 

(3)  If  the  tenant  contests  his  liability  to  ejectment  on  the  ground  that  he  is  not  a  tenant,  or  claims 
occupancy, exproprietary or hereditary rights, or denies the right of the landholder to eject, the tahsildar 
shall forward the record to the sub-divisional officer for trial of the case. 

(4) On receipt of the record, the sub-divisional officer shall hear and decide the case and submit the 

record for confirmation of the order passed by him to the collector. 

(5) If the liability to ejectment is contested on any other ground, the  tahsildar shall decide the case 

and submit the record for confirmation of the order passed by him to the sub-divisional officer. 

Remedies for wrongful ejectment 

102.  Remedies  for  wrongful  ejectment.—A  tenant  ejected  by  his  landholder,  otherwise  than  in 

accordance  with  the  provisions  of  this  Act  may,  within  one  year  of  such  ejectment,  apply  to  the            
sub-divisional officer— 

(a) for possession of the holding; 

(b) for compensation for wrongful dispossession; and 

(c) for compensation for any improvement he may have made, or for a tree belonging to him. 

34 

 
103. Procedure on application.—(1) If the court finds that the tenant has been wrongfully ejected, it 

shall proceed as follows:— 

(a) if the tenant is not entitled to remain in possession after the expiry of the agricultural year in 
which the order is passed, the order shall not be for recovery of possession, but for costs only, or, if 
compensation has been claimed and found due, for compensation and costs only; 

(b) when the order is for recovery of possession, compensation, if claimed and found due, may be 

awarded for wrongful dispossession but not for an improvement or a tree; 

(c) where an order is given for compensation for wrongful dispossession, but not for possession, 
the  compensation  shall  be  for  the  whole  period  during  which  the  tenant  was  entitled  to  remain  in 
possession. 

(2) If the order is for recovery of possession, the sub-divisional officer shall put the tenant wrongfully 

ejected in possession. 

(3) 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. 

(4)  Any  amount  awarded  as  compensation  shall  be  recovered  as  arrears  of  revenue  and  paid to the 

person entitled. 

Ejectment of person occupying land without title 

104.  Ejectment  of  person  occupying  land  without  title.—(1)  A  person,  other  than  a  landholder 
mentioned in section 102, taking or retaining possession of a plot of land otherwise than in accordance 
with  the  provisions  of  this  Act  shall,  on  the  application  made  to  the  sub-divisional  officer,  be  liable  to 
ejectment and also to pay damages. 

(2) Such application shall be made— 

(a) if the unauthorised occupation has existed from a date prior to the commencement of this Act, 

within two years of the commencement of this Act; 

(b)  in  any  other  case,  within  three  years  from  the  date  when  the  unauthorised  occupation  first 

began. 

105. Procedure on application.—(1) If, on application under section 104, the sub-divisional officer 
is satisfied that any person taking or retaining possession of a plot of land is liable to ejectment, he shall 
order the ejectment of such person and award damages which may extend to four times the annual rental 
value of such plot, calculated in accordance with the sanctioned rates applicable to hereditary tenants. 

(2) If, on the date of the order of ejectment, there is any ungathered crop or other produce belonging 

to the person ordered to be ejected, the applicant shall become owner thereof. 

(3) The sub-divisional officer shall submit the record of the case for confirmation of the order passed 

by him to the collector. 

(4) Any damages awarded under this section shall be recovered as arrears of revenue and paid to the 

person entitled. 

106.  Consequences  of  failure  to  file  application  under  section  102  or  104.—If  no  application 
under  section  102  or  104  is  made  within  the  period  of  limitation  prescribed  therefore,  and  the  person 
ejecting the tenant from, or taking or retaining possession of, land, otherwise than in accordance with the 
provisions of this Act, cultivates such land, such person shall become— 

(i) if he possesses proprietary interest in such land, khudkasht-holder; or 

(ii) if he does not possess proprietary or tenancy interest in such land, a hereditary tenant. 

107. No separate relief claimable, if not claimed in revenue court.—A person who has made an 
application under section 102 or 104, shall not be entitled to institute a separate suit or proceeding in a 
civil court for any relief which he might and ought to have claimed and has not claimed. 

35 

 
CHAPTER X 

COMPENSATION AND PENALTIES 

108. Tenant’s right to claim inquiry for illegal exaction and other matters.—If any landholder or 

his agent— 

(i) dishonestly collects a premium prohibited by this Act, or any sum, or produce in excess of the 

amount which is due as arrears of rent, or as sayar, or 

(ii) charges interest on an arrear of rent, not expressly allowed by this Act or at a rate exceeding 

that allowed by this Act, or 

(iii) realises, by proceedings in court or otherwise, any rent of which payment has been remitted, 
or,  before  the  expiry  of  the  period  of  suspension,  any  rent  of  which  payment  has  been  suspended 
under the provisions of this Act, or 

(iv) habitually refuses or neglects to deliver to the tenant a receipt, or does not prepare and retain 

a counterfoil of the receipt in the manner prescribed by this Act, or 

(v) without reasonable cause, credits or applies a payment made towards rent otherwise than in 

accordance, with the provisions of this Act, 

the  sub-divisional  officer  shall,  on  the  application  of  the  tenant,  if  made  within  six  months  of  the 
contravention of the provision of this Act to which the complaint relates, institute an inquiry and, if he is 
satisfied  that the charge is  established,  shall  award  to  the tenant  monetary  compensation  not  exceeding 
two hundred rupees and submit the record of the case for confirmation of the order passed by him to the 
collector. 

109. Power to award compensation in proceedings for arrears of rent.—(1) If, in the course of 
proceedings for the realisation of arrears of rent, the trial or the confirming court finds that the landholder 
has committed any of the acts enumerated in clauses (i) to (v) of section 108, it may award to the tenant 
compensation, not exceeding one hundred rupees. 

(2) If such compensation is awarded by the trial court, the record of the case shall be submitted for 
confirmation of the order passed by it to the sub-divisional officer, and if by the confirming court, to the 
collector. 

110. Prosecution  of landholder for illegal exaction.—If  a  landholder  or  his agent collects  from  a 
tenant any lag or neg, he shall be deemed to have committed an offence of extortion within the meaning 
of the Indian Penal Code (Act XLV of 1860). 

111.  Compensation  for  exaction  by  landholder  and  for  false  complaint  by  tenant.—(1)  If  a 
landholder  compels  his  tenant  to  render  any  service,  or  makes  use  of  any  cattle  or  any  agricultural 
implement  of  his  tenant  against  the  will  of  such  tenant,  whether  for  remuneration  or  not,  the                   
sub-divisional officer shall, on the application of the tenant made within one month of such service or use 
and  on  the  charge  being  established,  award  to  the  tenant  a  sum,  not  exceeding  one  hundred  rupees,  as 
compensation. 

(2)  If,  as  a  result  of  inquiry,  the  sub-divisional  officer  finds  that  the  complaint  is  false,  and  either 
vexatious  or  frivolous,  he  shall  award  to  the  landholder  a  sum,  not  exceeding  one  hundred  rupees,  as 
compensation. 

(3) After deciding the case, the sub-divisional officer shall submit the record for confirmation of the 

order passed by him to the collector. 

112. Penalty for habitual infringement of rights of tenant.—If a landlord habitually infringes the 
rights  of  a  tenant  under  this  Act,  he  shall,  notwithstanding  anything  in  section  7  of  the  Ajmere 
Government  Wards  Regulation,  1888  (I  of  1888),  be  deemed  to  be  a  “landlord  who  is  disqualified  to 
manage his own property” within the meaning of section 6 of the said Regulation and his property shall 
be liable to be taken under the superintendence of the Court of Wards. 

36 

 
113. Penalty for illegal entry on a holding.—(1) A tenant against whom an order of ejectment from 
a holding or any portion thereof has become final and who re-enters into or remains in occupation of such 
holding or such portion, as the case may be, without the written, consent of the person entitled to admit 
him as tenant, shall be deemed to have committed an offence of criminal trespass within the meaning of 
the Indian Penal Code (Act XLV of 1860). 

(2) If a landholder enters upon a holding in the possession of a tenant with the object of dispossessing 
him of such holding, otherwise than under the provisions of this Act, such landholder shall be deemed to 
have committed an offence of criminal trespass within the meaning of the Indian Penal Code. 

(3) Where a person is convicted of such offence and it appears to the court convicting him that the 
tenant or the landholder has, by reason of anything done in the course of the commission of the offence, 
been  dispossessed  of  any  land,  the  court  shall  order  such  tenant  or  landholder  to  be  reinstated  in  such 
land. 

114.  Compensation,  how  realisable.—Any  compensation  awarded  under  this  Chapter  shall  be 

recovered as arrears of revenue and paid to the person entitled. 

CHAPTER XI 

GRANTS 

115. Exemption of muafidar.—The provisions of this Chapter shall not apply to a muafidar. 

116. Interpretation.—(1) A rent-free grant means a grant by a landlord of a right to hold land rent-

free with or without consideration. 

(2) A grant of land at a favourable rate of rent means a grant held at a rent which, at the time when 
such grant was made, was below the rent generally payable by a tenant-at-will for land of the same class 
in the neighbourhood. 

(3) A village service grant means a grant made rent-free or at a favourable rate of rent on condition of 

rendering any service to the village community. 

117.  Grant  which  cannot  be  resumed.—(1)  No  claim  shall  be  entertained  for  the  resumption  of        

a grant— 

(a) in khalsa area, if such grant has been held from a date prior to 1818; or 

(b) in any other part of the State, if such grant has been held from a date prior to 1874; or 

(c) which is hereditary and was made out of personal regard for the grantee or in lieu of his past 

services and loyalty to the grantor and big family; or 

(d) which is held unconditionally; or 

(e) which is not resumable under the terms of the grant; or 

(f) to a charitable institution or for the maintenance of a sacred building so long as such institution 

or building exists. 

(2) A holder of a grant to which clause (a), (b), (c), (d) or (e) of sub-section (1) applies and who has 
continuously been in possession thereof for twenty-five years immediately before the commencement of 
this  Act,  may,  on  an  application  made  within  one  year  of  such  commencement  and  on  payment  of 
compensation  adjudged  under  sub-section  (3),  be  declared  a  biswadar  of  such  grant and  shall,  on  such 
declaration, be liable to pay such revenue as may be fixed thereon. 

(3) The compensation to be paid under sub-section (2) shall be four times the annual rental value of 

such grant, calculated at sanctioned rates applicable to hereditary tenants. 

(4)  On  a  declaration  being  made  under  sub-section  (2),  the  sub-tenant,  if  any,  of  such  grant  shall 

become a hereditary tenant thereof. 

37 

 
(5) When land revenue is fixed on a grant in respect of which a declaration is made, the proprietor of 
such grant shall as prescribed be entitled to claim reduction in the revenue payable by him by an amount 
equal to the amount of revenue fixed under sub-section (2). 

118. Grounds on which certain grants may be resumed.—Subject to the provisions of section 117, 

a landlord may apply for the resumption of a grant— 

(i) in case of a grant held for the performance of religious service, on the ground— 

(a) that the object for which the grant was made has ceased to exist; or 

(b) that the grantee has died, leaving no heir entitled to succeed him under the law applicable 

to the deceased; or 

(c) that the grantee has ceased to render the service which he is bound to render; 

(ii) in case of a grant for the performance of secular service, on the ground that the landlord no 

longer requires such service or the grantee has ceased to render such service; 

(iii)  in  case  of  a  village  service  grant,  on  the  ground  that  the  grantee  has  ceased  to  render  the 

service; 

(iv) in case of a grant held for the life-time of the grantee or for a term, on the ground that the 

grantee has died or the term has expired, as the case may be; 

(v) in case the grant is held at the pleasure of the grantor, on the ground that it is so held; 

(vi) in case of a grant to which the provisions of clause (f) of section 117 apply, on the ground 

that the institution or the building has ceased to exist. 

119.  How  to  deal  with  resumable  grant.—If  the  trial  court  finds  on  Inquiry  that  the  grant  is 

resumable under section 118, it shall— 

(i) in a case to which the provisions of sub-clause (a) or (b) of clause (i), or clause (ii), (iv), (v)      

or (vi) of section 118 apply, declare the person in possession— 

(a) a hereditary tenant if, on the date of the application for resumption, such person has been 

in continuous occupation of such grant for twelve years or more; or 

(b) as holding without title, if the period of his occupation on such date is less than twelve 

years, and order his ejectment from such grant; and 

(ii) in a case to which the provisions of sub-clause (c) of clause (i) or clause (iii) of section 118 
apply, order the ejectment of the grantee and appoint a suitable successor in office with or without the 
consent of the landlord, as the court deems fit. 

120. Application of certain Chapters and sections to grantees.—(1) A grantee may— 

(i) obtain a declaration of his status; 

(ii) make improvements and claim compensation therefore; 

(iii) plant trees; 

(iv) claim reinstatement in his holding, if wrongfully dispossessed; and 

(v) eject a person taking or retaining possession of his land in contravention of the provisions of 

this Act and claim damages, 

and the respective provisions of the Act relating to such matters shall, mutatis mutandis, apply to him as 
they apply to a hereditary tenant. 

(2) The provisions of Parts II and III of Chapter VIII and of section 62 and sections 108 to 110 and 
sections 164 to 168 shall, mutatis mutandis, apply to a grantee at a favourable rate of rent as they apply to 
a hereditary tenant. 

38 

 
(3)  The  provisions  of  sections  88,  89  and  111  and  of  Chapters  XIV  and  XV,  so  far  as  they  are 

applicable, shall apply to a grantee as they apply to a hereditary tenant. 

(4) The amount of a decree for arrears of rent passed against a grantee at a favourable rate of rent, if 
not satisfied within four months of the date on which such decree becomes final, shall, on an application 
to the tahsildar, be recovered under sections 88 and 89 as if it were a sum due on account of sayar and 
paid to the person entitled. 

121. Grants, how far transferable.—(1) Except as otherwise provided in sub-section (2), no grantee 
shall  transfer  by  sale,  mortgage,  gift  or  otherwise  his  interest  in  a  grant  which  is  liable  to  resumption 
under the provisions of this Act. 

(2) No grantee shall let the whole or any portion of his holding for a term exceeding three years, or 

within three years of any portion of such holding being held by a sub-tenant. 

122. Void transactions.—A transaction by which a grantee transfers or lets his holding or a portion 

thereof in contravention of the provisions of section 121 shall be void. 

123.  Power  to  hear  cases  of  grantees.—An  application  under  section  117,  118  or  120,  shall  be 
entertained, heard and decided by the sub-divisional officer who shall submit the record of the case for 
confirmation of the order or the decree passed by him to the collector. 

CHAPTER XII 
PREPARATION OF RECORD-OF-RIGHTS AND DETERMINATION AND MODIFICATION OF RENT AND  
RENT-RATES 

124. Applicability of Part III.—No notification under sub-section (3) of section 1 shall be made in 
respect of Part III of this Chapter, unless, in the area to which such part is applied, rent-rates have been 
determined and the record-of-rights has been framed in accordance with the provisions of this Chapter: 

Provided that if the Chief Commissioner is satisfied that in such area the rent-rates determined in the 
year of settlement and the record-of-rights framed in such year and maintained since are reliable, he may 
accept such rent-rates, with or without modification, and such record-of-rights, as framed and determined 
in accordance with the provisions of this Chapter. 

PART I.—Preparation and maintenance of maps and records 

125. Power to form and alter Patwaris circles.—The collector may, with the previous sanction of 
the  Chief  Commissioner,  divide  the  area  of  the  State  into  mahals,  thoks  or  other  convenient  units,  and 
arrange them into girdawars‟ and patwaris‟ circles and may alter the number and limits of such circles, 
but no such division, arrangement or alteration shall be final unless it has been sanctioned by the Chief 
Commissioner. 

126. Appointment of  patwaris.—The collector shall appoint a  patwari to each circle for preparing 
and  maintaining  the  record-of-rights  and  registers  specified  in  this  Act  and  for  performing  such  other 
duties as the Chief Commissioner may prescribe. 

127. Appointment of girdawars.—The collector shall appoint one or more girdawars in each tahsil 
for the proper supervision, maintenance and correction of the annual registers and records, and for such 
other duties as the Chief Commissioner may prescribe. 

128.  Cadre  and  pay  of  girdawars  and  patwaris.—The  Chief  Commissioner  may  fix  the  cadre, 
grades and pay of girdawars and patwaris and other staff required for the preparation and maintenance of 
the record-of-rights. 

129. Girdawars and patwaris to be public servants.—Every girdawar and patwari shall be deemed 

to be a public servant within the meaning of the Indian Penal Code (Act XLV of 1860). 

130. Maintenance of maps and fieldbooks.—The collector shall maintain a map and a field book of 
each village in the State and shall cause annually, or at such longer intervals as may be prescribed, to be 
recorded therein all changes in the boundaries of each village, mahal or field, and shall correct any error 
in such map or field book. 

39 

 
131. Obligation of owners as to boundary marks.—(1) Every landlord of a village, mahal or field 
is bound to maintain and keep in repair the permanent boundary marks and the collector may at any time 
order such landlord— 

(a) to erect proper boundary marks on such village, mahal or field; or 

(b) to repair or renew, in such form and with such material as he may order all such boundary 

marks. 

(2)  If  such  order  is  not  complied  with  within  thirty  days  from  the  communication  thereof,  or  such 
longer period as the collector may allow, he shall cause such boundary marks to be erected,  repaired or 
renewed, and shall recover the charges incurred from the landlord concerned as arrears of revenue. 

(3) Survey marks shall, as prescribed, be maintained and kept in repair by the collector. 

132. Record-of-rights.—(1) There shall be a record-of-rights for each village, or if a mahal or other 
unit formed under section 125 consists of two or more villages or portions of villages, the record may be 
prepared for each such village or portion separately. 

(2) The record-of-rights shall include the following documents:— 

(i) a khewat which shall comprise— 

(a) a register of all the proprietors in the village, including the proprietors of specific areas, 

and, in estates mentioned in the Second Schedule, maintenance-holders; and 

(b) a register of jagirdars and muafidars. 

(ii)  a  khatauni  which  shall  be  a  register  of  persons  cultivating  or  occupying  land  as  tenants  or 

otherwise; and 

(iii) a wajib-ul-arz which shall be a record of customs obtaining in the State or any part thereof. 

Explanation.—In  this  section  the  word  “proprietor”  shall  include  a  person  in  possession  of 

proprietary rights under a mortgage or lease. 

133. Contents of certain registers.—The registers specified in clauses (i) and (ii) or sub-section (2) 
of section 132 shall specify the nature and extent of the interest of each person recorded therein and shall 
be prepared in the prescribed form. 

134.  Registers  of  revenue-paying,  revenue-assigned  and  revenue-free  villages.—The  collector 

shall prepare and maintain— 

(a) a register of all revenue-paying villages, mahals, thoks or other units, specifying the revenue 

assessed on each and the person by, or through whom it is payable; and 

(b) a register of all revenue-free and revenue-assigned villages and areas, specifying the authority 

and conditions for exemption or assignment as the case may be. 

135.  The  annual  registers.—(1)  The  collector  shall  be  responsible  for  maintaining  the               

record-of-rights specified in clauses (i) and (ii) of sub-section (2) of section 132, and, for that purpose, 
shall annually, or at such longer intervals as may be prescribed, cause to be prepared an amended set of 
such registers, and the registers so prepared shall be called annual registers. 

(2) The collector shall cause to be recorded in the annual registers all changes that may take place as a 

result of succession or transfer or otherwise, and shall correct any error in such registers. 

(3)  No  entry  in  the  wajib-ul-arz  shall  be  altered  except  as  a  result  of  inquiry  in  any  settlement  or 

record operations in the State. 

136.  Obligation 

to 

furnish 

information  necessary 

for 

compilation  of 

certain                           

record-of-rights.—(1) Every person, obtaining possession by succession or transfer of any proprietary or 
other  right  which  is  required  by  this  Act  or  any  rule  made  thereunder  to  be  recorded  in  any  register 
prescribed  by  clause  (i)  or  clause  (ii)  of  sub-section (2)  of  section  132,  shall  report  such  succession  or 
transfer to the prescribed authority.  If such person is a minor or otherwise disqualified, the guardian in 
charge of his property shall make such report. 

40 

 
(2) Every such person, or, if he is a minor or otherwise disqualified, his guardian, shall furnish, on the 
requisition of the patwari, girdawar or any other officer or employee of the revenue department, engaged 
in compiling such register, all information necessary for the correct compilation thereof. 

(3)  No  revenue  court  shall  entertain  any  application  under this  Act  by  the  person  so  succeeding  or 
otherwise  obtaining  possession,  until  such  person,  or,  if  he  is  a  minor  or  otherwise  disqualified,  his 
guardian, has made a report required by this section. 

Explanation.—In this section, the word “transfer” shall include a family settlement. 

137. Decision of disputes.—All disputes affecting the entries in the annual registers shall be decided 

in the following manner:— 

(i) those relating to entries to be made in the khewat, on the basis of possession or, if possession is 

doubtful, on the basis of summary inquiry into the question of title; 

(ii) those relating to class or tenure of any tenant, the rent payable by him or any other matter to 
be recorded in the khatauni, in accordance with the provisions of this Act and the terms of the lease, if 
any, so far as they are consistent with such provisions; and 

(iii) those relating to boundaries, on the basis of the survey map, and in case one was not prepared 

or is not available, on the basis of actual possession. 

138.  Inquiry  into  cases.—(1)  Contested  cases  relating  to  entries  in  the  annual  registers  and  to 
boundary disputes shall be heard and decided by the sub-divisional officer who shall submit the record of 
the case for confirmation of the order passed by him to the collector. 

(2) Uncontested cases shall be disposed of by the tahsildar. 

139.  Certain  decisions,  no  bar  to  civil  suit.—No  entry  made  or  order  passed  under  section  138, 
relating  to  entries  in  the  khewat,  or  to  boundary  disputes,  shall  debar  any  person  from  establishing  his 
right to any property in a court of competent jurisdiction. 

140. Value of entries and decisions in contested cases.—Subject to the provisions of section 139, 
the decision given under sub-section (1) of section 138 shall be binding on the parties to the dispute and 
an entry made in the khewat or khatauni under the order of the sub-divisional officer or the collector in a 
contested case shall be presumed to be correct until the contrary is proved. 

141. Appointment and punishment of lambardars and patels.—The collector may appoint one or 

more lambardars or patels in a village, mahal or thok and may suspend, remove or dismiss them. 

PART II. —Record and rent-rate operations and the appointment of officers 

142.  Record  and  rent-rate  operations.—(1)  The  Central  Government  may,  by  notification  in  the 
official Gazette, order that in any estate mentioned in the Second Schedule or group of such estates or in 
any other area of the State, a preparation or revision of the record-of-rights or survey or re-survey, or the 
determination of rent-rates for any class or classes of soils, or some or all of these operations be taken in 
hand,  whether  by  revision  of  the  most  recent  records  and  rent-rates  or  otherwise,  and  may  appoint  an 
officer as a record officer or rent-rate officer to be in charge of record or rent-rate operations, as the case 
may be, and as many assistant record officers as it deems fit. 

(2) From the date of the notification every such estate or group of estates or other area shall be held to 
be under record, or rent-rate operations or both, as the case may be, until the issue of another notification, 
declaring such operations to be closed therein. 

143.  Powers  of  the  record  officer,  assistant  record  officer  and  rent-rate  officer.—(1)  For  such 
period and to such extent as he deems fit, the Chief Commissioner may empower the record officer or the 
rent-rate officer— 

(i) to perform the duties and exercise the powers of a collector under Part I of this Chapter; and 

(ii) to commute, abate, enhance and determine rents in accordance with the provisions of Part III 

of this Chapter in any area to which such Part has been applied. 

41 

 
(2) An assistant record officer shall exercise such powers of the record officer or any other revenue 
court as the Chief Commissioner may, by order in writing, specify, and shall submit the record of cases 
decided by him to the record officer for confirmation. 

144. Sanctioned rates.—The sanctioned rates shall be the rates determined under this Part: 

Provided that if in any part of the State such rates have not been determined, a revenue court requiring 
the use of such rates, otherwise than for deciding abatement, enhancement or commutation of rent cases, 
shall in the manner prescribed work out appropriate rates after making local inspection and considering 
the rent generally payable by tenants of the same class for land of the same class in the vicinity, and the 
rates so worked out shall be deemed to be the sanctioned rates. 

145. Duration of rent-rates.—When rent-rates are determined for any area, they shall not, unless the 
Central Government otherwise  directs, be determined again until a period of not less than twenty years 
has elapsed. 

Procedure in determining cash rent-rates 

146. Circle and soil classification.—(1) If, any estate or group of estates or any other area for which 
rent-rates in money are to be determined, has not been divided into assessment circles, or, if classification 
of  the  soil  thereof  has  not  been  made,  or  if  the  Central  Government  orders  a  revision  of  the  existing 
circles or soil classification or both, the rent-rate officer shall make circles and classify she soils, and shall 
propose rent-rates for each class of soil in each circle. 

(2)  If  such  estate,  group  of  estates  or  area  has  previously  been  divided  into  assessment  circles,  the 
rent-rate officer shall propose separate rates for each circle, and for each separate class of soil previously 
demarcated therein, unless, by order of the Central Government, the circles or the classification of soils, 
or both are revised by him. 

147.  Basis  of  rates  for  hereditary  tenants.—(1)  The  rates  proposed  by  the  rent-rate  officer  for 

hereditary tenants shall be based on genuine and stable rents paid by such tenants. 

(2) In proposing rates in accordance with sub-section (1), the rent-rate officer shall have regard to the 

provisions of sections 63 and 64 and shall, before framing his proposals, take into consideration— 

(a) the value of the produce with a view to seeing that the valuation of the holdings of hereditary 

tenants at the proposed rates does not exceed one-fifth of such value; 

(b) the prices of agricultural produce prevailing in the main markets of the neighbourhood; 

(c) the changes in the crops grown and in the amount of the produce; 

(d) the rotation of crops and periods of rest which tenants usually allow to land; 

(e) the average size of holdings in the circle and methods of cultivation; 

(f) the results of crop-cutting experiments in the local area for which rates are proposed and in the 

different parts of the State generally; 

(g) the level of bighori rates, if payable in any particular area in respect of certain crops; and 

(h) such other matters as generally affect rents payable by tenants. 

(3) In proposing rates for occupancy and exproprietary tenants, the rent-rate officer shall have regard 
to  the  scale  of  rents  prescribed  for  such  tenants  in  relation  to  the  scale  of  rent  payable  by  hereditary 
tenants under sections 63 and 64. 

(4)  The  rent-rate  officer  shall  also  record  for  each  village  whether  the  rates  proposed  by  him  are 
applicable without modification to the village as a whole or to a specified area or class of soil therein, and 
in case they require modification, the extent of such modification; and, in their application to such village, 
area or class, the rates shall be deemed to be modified accordingly. 

42 

 
 
 
148.  Provision  for  rates  in  special  cases.—The  rent-rate  officer  shall  propose  rates  for  the 

commutation of— 

(a) rent paid by batai, or partly by batai and partly by bighori, into fixed money rent; and 

(b) rent paid by batai into bighori at current rates. 

149.  Procedure  in  publishing  and  sanctioning  rates.—(1)  The  rent-rate  officer  shall  publish,  in 
such manner as may be prescribed, the proposals and records made by him under sections 147 and 148 
and shall receive and consider any objection which may be made to him. 

(2)  When  such  objections,  if  any,  have  been  considered  and  disposed  of,  the  rent-rate  officer  shall 
submit the proposals and records made by him after such modification, if any, as he may deem fit, to the 
Chief Commissioner. 

(3)  On receipt  of the  proposals,  the  Chief  Commissioner  may  direct further inquiry  into any  of  the 
matters contained therein and shall, if satisfied that such proposals have been rightly framed, submit them 
to the Central Government for acceptance. 

(4) The  Central  Government  shall either  sanction  the  proposed  circles,  soil  classification,  rates  and 
other matters recorded under sections 147 and 148, or may, for reasons to be recorded, sanction them with 
such modification as it deems fit, and the rates so sanctioned shall be sanctioned rates. 

150.  Civil  suit  relating  to  record-of-rights  and  certain  other  matters  barred.—Subject  to  the 
provisions of section 139, no suit shall be brought in any civil court in respect of any matter concerning 
the entries in, or preparation of, a record-of-rights, the framing, publication, signing or attestation of such 
record or of any part of it, or the determination of rent-rates under the provisions of this Chapter. 

PART III.—Commutation, abatement, enhancement, and determination of rent 

151.  Commutation  of  rent  from  kind  to  cash.—(1)  Where  an  occupancy,  an  exproprietary  or  a 
hereditary tenant has heretofore paid his rent by bighori or batai, or partly by bighori and partly by batai, 
he may apply for the commutation of such rent to a fixed money rent: 

Provided that in an area where rents are paid by bighori for some crops and by batai for others, the 
tenant may elect to have that portion of the rent which is payable by  batai alone commuted into bighori 
on the basis of sanctioned rates appropriate to him, and in such case the court shall commute that portion 
which is payable by batai by fixing a rate of rent per bigha for batai crops grown on the holding. 

152. Commutation of rent from cash to kind.—Where the rent of an occupancy, an exproprietary 
or  a  hereditary  tenant  has  been  commuted  under  section  151,  he  may,  subject  to  the  provisions  of       
clause  (ii)  of  section  161,  apply  that  the  rent  of  such  holding  be  declared  as  payable  by  batai  in 
accordance with the provisions of sections 63 and 64, or, if before commutation it was payable partly by 
bighori and partly by batai, in the manner it was payable before such commutation, and the court shall 
make such declaration. 

153. Grounds of abatement of fixed money rent.—The fixed money rent or the bighori, determined 
under section 151, of an occupancy, an exproprietary of a hereditary tenant shall be liable to abatement on 
one or more of the following grounds:— 

(a)  that  the  rent  payable  by  the  tenant  is  substantially  greater  than  the  rent  calculated  at  the 

sanctioned rates appropriate to him; or 

(b) that the productive power of the land held by the tenant has decreased by any cause beyond 

the control of the tenant during the currency of the present rent; or 

(c) in case of fixed money rent, that the area of his holding has been decreased by diluvion, or by 

the taking up of land for a public purpose, or for a work of public utility. 

43 

 
 
 
 
154.  Ground  of  enhancement  of  fixed  money  rent.—The  fixed  money  rent  of  the  bighori, 
determined under section 151, of an occupancy, an exproprietary or a hereditary tenant, shall be liable to 
enhancement on one or more of the following grounds:— 

(a)  that  the  rent  payable  by  the  tenant  is  substantially  less  than  the  rent  calculated  at  the 

sanctioned rates appropriate to him; or 

(b)  that  the  productive  power  of  the  land  held  by  the  tenant  has  increased  by  an  improvement 
effected by, or at the expense of, the land holder, other than a work in respect of which irrigation dues 
are  payable  under  section  87  or  which  is  carried  out  under  the  scheme  sanctioned  by  the             
Central  Government  under  section  5  of  the  Delhi  and  Ajmer-Merwars  Land  Development               
Act, 1948 (LXVI of 1948); or 

(c) in case of fixed money rent, that the area of the holding has been increased by alluvion. 

155. Order for determination, commutation or variation of rent, when to take effect.—Except as 
otherwise  provided  in  sub-section  (3)  of  section  163,  every  order  for  abatement,  enhancement, 
commutation or determination of rent shall take effect from the commencement of the agricultural year, 
next following the date of such order. 

156. Joinder of parties in cases relating to variation of rent.—(1) An application for commutation, 

abatement or enhancement of rent may be made against, or by, any number of tenants collectively: 

Provided that all such tenants are tenants of the same landholder, and all the holdings in respect of 

which the application is made are situated in the same village. 

(2) No order shall be passed in any such proceeding affecting the interest of any person, unless the 

court is satisfied that he has had an opportunity of being heard. 

(3) The order shall specify the extent to which each of the holdings is affected thereby. 

157.  Determination  of  rent  on  partial  ejectment.—When  a  tenant  is  ejected  under  an  order  of  a 
court from a part only of his holding which is assessed to fixed money rent, or being entitled to surrender 
a  part  of  such  holding  legally  surrenders  such  part,  either  he  or  his  landholder  may  apply  for  the 
determinations of the rent of the remainder. 

158.  Rent,  how  calculated  for  commutation,  variation  or  determination.—Subject  to  the 
provisions of sections 160 and 163, when rent is to be determined or commuted into fixed money rent, or 
the fixed money rent or the bighori determined under section 151 is to be abated or enhanced, the court 
shall calculate the rent— 

(a)  in  the  case  of  hereditary  tenants,  in  accordance  with  the  rates  sanctioned  for  hereditary 

tenants; and 

(b) in case of occupancy and exproprietary tenants, in accordance with rates which shall conform 
to  the  scale  prescribed  for  such  tenants  in  relation  to  hereditary  tenants  under  the  provisions  of 
sections 63 and 64: 

Provided that, for special reasons to be recorded, the court may modify the sanctioned rates applicable 
to any particular case, and it shall modify such rates if it finds that, as a result of their application, the rent 
arrived at on commutation, abatement, enhancement or determination, as the case may be, is substantially 
different from the money value of the rent payable by the same class of tenants under the provisions of 
sections 63 and 64. 

159. Meaning of “substantial” in certain sections.—For the purposes of sections 153, 154 and 158 

a difference of ten per cent. or more shall be deemed to be substantial. 

160.  Basis  of  variation  of  rent  in  certain  cases.—(1)  In  any  proceedings  for  abatement  of  fixed 
money rent on the ground that the area of the holding has decreased by diluvion or by the taking up of 
land  for  a  public  purpose  or  for  a  work  of  public  utility,  or  under  the  provisions  of  section  37,  or  for 
enhancement on the ground that the area of the holding has increased by alluvion, the court shall abate or 
enhance the rent with reference to the existing rent and the decrease or increase in the area of the holding. 

44 

 
(2)  In  any  proceedings  for  enhancement  of  fixed  money  rent  or  the  bighori  determined  under       

section  151  on  the  ground  that  the  productive  power  of  the  holding  has  increased  by  an  improvement 
effected by, or at the expense of, the landholder or for abatement of rent on the ground that such power 
has decreased by any cause beyond the control of the tenant, the court shall enhance or abate the rent with 
reference to the existing rent and the increase or decrease of the productive power. 

(3)  In  an  application for  the  determination  of  the  fixed  money  rent  of  a  portion of  a  holding  under 
section  157,  the  court  shall  determine  the  rent  with  reference  to  the  rent  payable  before  ejectment  or 
surrender and the loss of area due to such ejectment or surrender. 

161. Period for which rent is not liable to modification.—Save as provided in section 163, when 
the rent of an occupancy, an exproprietary or a hereditary tenant has been commuted, abated or enhanced 
in accordance with the provisions of this Act, it shall not be liable to be commuted, abated or enhanced 
unless— 

(i) in case of abatement or enhancement of rent— 

(a) the revenue payable by the landlord has been revised; or 

(b) there has occurred a decrease or increase in the productive power or the area of the land 

held by the tenant, as provided in clauses (b) and (c) of sections 153 and 154; or 

(c) the sanctioned rates have been altered; and 

(ii) in  case  of commutation  of  rent,  a period  of  three  years,  or  such  longer  period  as  may  have 

been extended under section 83, has elapsed since the date of the last commutation order. 

162.  Applications  for  variation  of  rent,  by  whom  to  be  entertained.—(1)  Save  as  provided  in     

sub-sections (2) and (3), all applications for commutation, abatement, enhancement or determination of 
rent shall be made to, and heard and decided by, the sub-divisional officer who shall submit the record of 
the case for confirmation of the order passed by him to the collector. 

(2) When any area is under rent-rate operations, or when rent-rates have been determined under this 
Act  for  any  area,  or  accepted  under  the  proviso  to  section  124  and  such  area  is  placed  under  record 
operations, all such applications relating to such area shall be filed in the court of the rent-rate officer or 
the record officer, as the case may be. 

(3) If such application is heard and decided by the rent-rate officer or the record officer, the record of 

the case shall be submitted for the confirmation of the order passed by him to the Chief Commissioner. 

CHAPTER XIII 

EXTRAORDINARY AND EMERGENCY PROVISIONS 

163. Provision of rent and revenue in an emergency.—(1) Notwithstanding anything in this Act or 
in any other law for the time being in force, when the Central Government is satisfied that an emergency 
has arisen in any area, it may appoint to such area an officer of the grade of an assistant commissioner and 
invest him with all or any of the following powers:— 

(a) the powers of a rent-rate officer and a record officer; 

(b) if sanctioned rates have not been determined or have not been accepted under the proviso to 
section  124  for  such  area,  powers  to  commute,  abate,  enhance  or  determine  rents  summarily 
otherwise than in accordance with such rates; and 

(c) powers to revise revenue assessed on any estate,  mahal,  village or thok in which rents have 

been commuted, abated, enhanced or determined under this Chapter. 

(2) If, as a result of any order passed by the officer appointed under sub-section (1), the assets of any 
estate or area are increased or decreased, such officer shall increase or decrease, as the case may be, the 
revenue of such estate, village, mahal or thok in the proportion which such increased or decreased assets 
bear to the assets before such increase or decrease. 

45 

 
(3)  Every  order  passed  by  such  officer  in  exercise  of  the  powers  conferred  on  him  under                  

sub-section  (1)  shall  be  submitted  for  confirmation  to  the  collector  or  such  other  officer  as  the  Chief 
Commissioner may, by order, specify and shall take effect from such date as the officer passing it or the 
confirming court may direct. 

164.  Remission  or  suspension  of  rent  in  agricultural  calamities.—(1)  On  the  occurrence  of  an 
agricultural calamity, affecting the crops of any village or area, the Central Government or any authority 
empowered by it in this behalf, may remit or suspend for any period the whole or any portion of the rent 
payable by a tenant in respect of any holding affected by such calamity. 

(2) When the Central Government or such authority remits or suspends rent, it shall remit or suspend 

for a like period the whole or portion of tie revenue assessed on such village or area. 

165.  Bar  to  collection  of  rent  remitted  or  suspended.—No  landholder  shall  collect,  under  the 
provisions of this Act or otherwise, any rent the payment of which has been remitted or, during the period 
of suspension, any rent the payment of which has been suspended under section 164. 

166. Period of suspension to be excluded in computing period of limitation.—When the payment 
of rent has been suspended in accordance with the provisions of section 164, the period during which the 
suspension  continues  shall  be  excluded  in  computing  the  period  of  limitation  under  this  Act  for  the 
recovery of such rent. 

167.  Remission  for  calamity  by  court  decreeing  claim for  arrears.—(1)  If  it  Appears  to  a court 
passing a decree for arrears of rent that the area of the holding was so decreased by diluvion or otherwise, 
or  that  the  produce  thereof  was  so  diminished  by  drought,  hail,  pests,  deposit  of  sand  or  other  like 
calamity during the period for which the arrears are claimed, or that the full amount of rent payable by the 
tenant for that period cannot be equitably decreed, it may, with the sanction of the collector, allow such 
remission from the rent payable by the tenant for that period as it deems fit. 

(2) The court allowing such remission shall submit the record of the case for confirmation of the order 

passed by it to the collector. 

(3)  No  remission  made  under  this  section  shall  be  deemed  to  vary  the  rent  payable  by  the  tenant 

otherwise than for the period in respect of which such remission was made. 

(4) When remission of rent is granted in accordance with the provisions of this section, the collector 
shall, on the application of the landlord, grant a remission of revenue in proportion to the rent remitted for 
the corresponding area belonging to the same landlord. 

168.  Jurisdiction  of  certain  courts  excluded  in  cases  of  remission  and  suspension  of  rent  or 
revenue.—Except  as  provided  in  this  Act,  an  order  for  revision,  remission  or  suspension  of  rent  or 
revenue passed under this Chapter shall not be called in question in any court. 

CHAPTER XIV 
PROCEDURE AND JURISDICTION OF COURTS 
General provisions 

169.  Cases  cognizable  by  revenue  courts.—A  case  which is  cognizable  by  a revenue  court  under 
this Act shall be heard and decided by such court, and no court other than a revenue court shall, except as 
provided in this Act, hear or decide any such case, or any suit or application based on a cause of action in 
respect of which relief could be obtained in a revenue court. 

Explanation.—If the cause of action is one in respect of which relief might be granted by the revenue 
court,  it  is  immaterial  that  the  relief  asked  for  from  the  civil  court  is  different  from,  greater  than,  or 
additional to, that which the revenue court could have granted. 

170.  Procedure  of  revenue  courts.—The  Chief  Commissioner  may  frame  rules  for  regulating  the 
procedure of revenue courts and may, in doing so, extend or apply any provisions of the Code of Civil 
Procedure, 1908 (V of 1908), with or without modification: 

46 

 
Provided  that  until  such  rules  are  framed  and,  subject  to  them  when  framed,  the  provisions  of  the 
Code of Civil Procedure, 1908 (Act 5 of 1908), shall, except when they are inconsistent with anything in 
this Act, or relate to special suits or proceedings outside the scope of this Act, apply, in so far as they are 
applicable, to proceedings under this Act. 

171.  Application  of  Indian  Limitation  Act,  1908.—Sections  4,  5  and  12,  sub-section  (2)  of       

section  14  and  sub-sections  (1)  and  (2)  of  section  17  of  the  Indian  Limitation  Act,  1908,  shall  apply, 
mutatis mutandis, to applications and other proceedings under this Act. 

172. Limitation in cases under this Act.—Except as provided in section 171, no application under 

this Act shall, if the period for filing it is specified therein, be filed after the expiry of such period. 

173.  Payment  of  court-fees  under  this  Act.—(1)  No  court-fee  shall  be  payable  when  the  first 

application is filed by a party to any proceeding under this Act. 

(2)  Any  second  or  subsequent  application  made  in  the  course  of  the  same  proceeding  shall  bear  a 

court-fee stamp of four annas only: 

Provided that when, under this Act, any sum is collected by a revenue court as arrears of revenue or 
as sayar on behalf of an applicant or a party to a proceeding, or when the amount of a decree is paid into 
court under section 98, such court shall, notwithstanding anything in this Act, before making payment to 
the  person  entitled,  deduct  seven  and  a  half  per  cent.  of  the  amount  so  collected  or  paid  into  court  as     
court-fee and pay the balance to such person: 

Provided  further  that  if  in  any  case,  after  issues  have  been  framed  and  any  evidence  has  been 
recorded, the  first  application  is  dismissed  or  withdrawn,  the  trial  court  or  the  confirming  court,  as  the 
case  may  be,  shall  assess  the  amount  of  the  court-fee  which,  but  for  the  provisions  of  sub-sections  (1)     
and  (2),  the  applicant  would  have  been  liable  to  pay  under  the  Court-Fees  Act,  1870  (7  of  1870),  as 
applied to the  State,  deduct  the  amount, if any,  paid as  court-fee  under  sub-section  (2) and recover the 
balance as arrears of revenue.  

Subordination of courts 

174. Subordination of courts.—(1) All revenue courts in the State shall be subordinate to the Chief 

Commissioner. 

(2)  All  revenue  courts  specified  in  sub-clauses  (iv)  to  (viii)  of  clause  (35)  of  section  4  shall  be 
subordinate to the collector, and the revenue courts specified in sub-clauses (vi) to (viii) of the said clause 
shall be subordinate to the sub-divisional officer of the area within which they exercise jurisdiction. 

(3) An assistant record officer shall be subordinate to the record officer. 

Powers of courts and places for holding courts 

175. Place of sitting of revenue courts.—(1) A revenue court mentioned in sub-clause (i), (ii) or (iii) 
of  clause  (35)  of  section  4  and,  subject  to  the  orders  of  the  collector,  a  revenue  court  mentioned  in        
sub-clause (v) of the said clause may hear and dispose of cases at any place within the State. 

(2)  A  sub-divisional  officer  may  hold  his  court  at  any  place  within  his  sub-division  or,  with  the 

sanction of the collector, in any other part of the State.  

(3) A tahsildar or a naib-tahsildar may hold his court at any place within his tahsil. 

(4) A revenue court, mentioned in clause (a) or (b) of section 180, may sit in any part of the State 

specified by the collector. 

176.  Chief  Commissioner’s  power  to  confer  powers.—The  Chief  Commissioner  may,  by 
notification in the Official Gazette, confer on an assistant commissioner or a sub-divisional officer all or 
any of the powers of a collector under this Act to be exercised in respect of such cases or class of cases or 
such other matters as may be specified in such notification. 

177.  Collector’s  power  to  place  assistant  commissioner  in  charge  of  sub-division.—(1)  The 
collector  may  place  any  assistant  commissioner  in  charge  of  a  sub-division  and  may  remove  him 
therefrom. 

47 

 
(2) The assistant commissioner so placed in charge shall be sailed a sub-divisional officer and shall, 
subject  to  the  control  of  the  collector,  exercise  all  the  powers  conferred,  and  discharge  all  the  duties 
imposed, upon the sub-divisional officer by this Act, or any rules made thereunder. 

178.  Collector’s  powers 

to  authorise  certain  courts 
applications.—The collector may, by order in writing, empower— 

to  entertain  and  dispose  of        

(a) an assistant commissioner to entertain and decide applications, and to receive and dispose of 
cases submitted for confirmation of a decree or an order passed by a tahsildar, which a sub-divisional 
officer is empowered under this Act to entertain, decide, receive or dispose of; and 

(b)  a  naib-tahsildar  of  not  less  than  three  years  standing,  to  entertain  and  dispose  of  such 

applications as a tahsildar is empowered under this Act to entertain and dispose of. 

179.  Powers  of  revenue  courts  to  refer  cases  for  investigation  and  report.—Any  revenue  court 
may  refer  any  case  which  it  is  empowered  to  dispose  of  to  any  revenue  court  subordinate  to  it  for 
investigation and report. 

180.  Powers  of  Chief  Commissioner  to  create  shamlat  committee  and  courts.—The  Chief 

Commissioner may— 

(a)  create  an  honorary  court  and  invest  it  with  powers  to  hear  and  dispose  of  cases  which  a 

tahsildar may hear and dispose of under the provisions of this Act; 

(b)  establish  a  punchayat  in  any  village  or  group  of  villages  of  the  State,  and  invest  such 
punchayat with powers to hear and dispose of cases which a tahsildar may hear and dispose of under 
the provisions of this Act, and to perform such other duties as may be prescribed; 

(c) sanction the creation of a shamlat committee in any village or town which has at least three 

hundred acres of stable land as shamlat deh; and 

(d)  define  the  jurisdiction  of  the  courts  created  or  established  under  clause  (a)  or  (b)  of  this 
section and provide for submission of the cases decided by them for confirmation to courts specified 
by him: 

Provided that no court so created or established under clause (a) or (b) shall hear or decide a case if 

such court or a member thereof is interested in the result of such case: 

Provided further that if, at the commencement of this Act, there exists a  shamlat committee in any 
village or town to which the provisions of clause (c) apply, the Chief Commissioner may recognise such 
committee as one created under this section. 

Confirmation of orders 

181.  Decree  or  order  to  be  final  in  certain  circumstances.—Subject  to  the  provisions  of       

sections 185, 186 and 187, a decree or an order which is not required by this Act to be submitted to a 
confirming court shall be final. 

182. Submission to confirming court.—When, under the provisions of this Act, a revenue court is 

required to submit the record of a case to a confirming court, it shall not comply with such provisions— 

(i) unless any of the parties to such case has, within seven days of the decree or the order passed 
therein, made an application bearing a court-fee stamp of the value of two rupees and eight annas to 
such revenue court, requesting that the record be submitted for confirmation; or 

(ii)  if  such  decree  or  order  is  passed  on  the  admission  of  a  party  to  the  case,  or  in  terms  of  a 

compromise; or is based on the award of an arbitrator appointed by the parties; or 

(iii) if the parties to the case apply in writing that they accept the decree or order as final: 

Provided that if any party challenges a decree or an order mentioned in clause (ii) on the ground that 
it does not conform to the compromise or the award, or that it goes beyond it, such court shall, on the 
application of such party, submit the record to the confirming court. 

48 

 
183.  Form  of  decree  or  order  to  be  submitted  for  confirmation.—(1)  An  order  submitted  for 
confirmation  shall  contain  a  concise  statement  of  the  case,  the  points  for  determination,  the  decision 
thereon, and the reasons for such decision. 

(2) A decree submitted for confirmation shall conform to the order passed and shall be prepared only 

in cases and in the form prescribed. 

184. Procedure for confirmation.—When the record of a case is received by a confirming court and 
the  provisions  of  the  section  under  which  such,  record  is  submitted  do  not  specify  the  manner  of 
confirmation, such court shall— 

(i)  call upon each of the parties  to file,  if  he  wishes to  do so,  a  written  statement  setting  forth, 
concisely  and  under  distinct  heads,  the  grounds  of  objection  to  the  decree  or  order,  numbered 
consecutively without any argument or narrative; 

(ii) treat the written statement of the party against whom the decision was given by the trial court 
as memorandum of appeal, and that presented by the other party as memorandum of cross-objection; 
and 

(iii) after hearing the parties or such of them as appear before him, pass an order which a court of 

appeal may pass under the provisions of Order 41 of the Code of Civil Procedure, 1908 (5 of 1908): 

Provided that no such written statement shall be entertained on behalf of a party who has not applied 
for submission of the record under clause (i) of section 182, unless it bears a court-fee stamp of the value 
of rupees two and annas eight. 

Review 

185. Review by the Chief Commissioner.—The Chief Commissioner may, on his own motion, or on 

the application of a party, review any decree or order passed by him and may rescind, vary or confirm it. 

186. Review by other courts.—Every other revenue court may review its judgment, order or decree 

to correct clerical or arithmetical errors, or errors arising therein from any accidental slip or omission: 

Provided that no application for review shall be entertained— 

(a) after the record has been submitted to a confirming court; or 

(b) if such application cannot be disposed of without recording further evidence. 

Revision 

187. Revision.—(1) The Chief Commissioner or, in respect of a decree or an order passed by a civil 
court, the Judicial Commissioner may, on the application of a party, call for the record of any case which 
is decided by a court subordinate to him and if such subordinate court appears— 

(a) to have exercised a jurisdiction not vested in it by law, or 

(b) to have failed to exercise a jurisdiction so vested, or 

(c) to have acted in the exercise of its jurisdiction illegally or with material irregularity, he may 

make such order as he thinks fit. 

(2)  An  application  for  revision  shall  be  made  within  three  months  of  the  passing  of  an  order  or  a 

decree sought to be revised. 

Transfer of cases 

188.  Power  to  transfer  cases.—The  collector  may,  on  the  application  of  a  party,  transfer  an 
application pending before a subordinate revenue court or a case submitted to such court for confirmation 
of a decree or an order from such court to any other court of competent jurisdiction: 

Provided that if the collector refuses to transfer such application or case, he shall submit the record 

for confirmation of the order passed by him to the chief Commissioner. 

49 

 
 
 
189. Power of collector to transfer and withdraw cases.—The collector may— 

(a) transfer any case submitted to him or to any subordinate court for confirmation of a decree or 

an order to any subordinate court of competent jurisdiction; or 

(b) by order recall to his own court any case pending for confirmation in a subordinate court; or 

(c) withdraw from any court subordinate to him any case other than a case which is submitted to 
such court for confirmation, and try such case himself or transfer it to any other subordinate court of 
competent jurisdiction: 

Provided that if the collector himself hears and decides any case withdrawn under clause (c) he shall 

submit the record for confirmation of the order passed by him in such case to the Chief Commissioner. 

190.  Sub-divisional  officer’s  power  to  transfer  cases.—A  sub-divisional  officer  may,  with  the 
previous sanction of the collector, transfer any case or class of cases pending before him to any assistant 
commissioner competent to try such case or class of cases. 

191. Power of record officer to transfer and withdraw cases.—A record officer may transfer any 
case or class of cases pending before him to any assistant record officer, and may withdraw any case or 
class of cases from an assistant record officer and try such case or class of cases himself or transfer the 
same to any other assistant record officer: 

Provided that if the record officer himself tries any case so withdrawn, he shall submit the record for 

confirmation of the order passed by him in such case to the Chief Commissioner. 

192. Transfer of cases by the district judge.—A district judge may, with the previous sanction of 
the Judicial Commissioner, transfer any case submitted to him for confirmation of an order or a decree to 
an  additional  district  judge  or  to  a  subordinate  judge,  and  such  additional  district  judge  or  subordinate 
judge shall dispose of such case as if he had the powers of a district judge under this Act. 

Question of proprietary right in revenue court 

193.  Dispute  as  regards  ownership  of  land.—(1)  If,  in  connection  with  any  action  taken  by  a 
landlord under clause (iii) of section 9, a dispute arises between him and any other person who claims to 
have a proprietary interest in the land in respect of which such action is taken, either party may apply to 
the collector for the decision of such dispute. 

(2) On the receipt of such application, the collector shall follow the procedure specified in section 38 

and the provisions of that section shall, mutatis mutandis, apply to the case. 

(3) If, in consequence of the order passed by the collector, any loss results to a tenant or to any other 
person having an interest in the land to which such order relates, the collector shall, before submitting the 
record of the case to the confirming court, award monetary compensation to such tenant or other person. 

(4) Any compensation awarded under this section shall be recovered as arrears of revenue and paid to 

the person entitled. 

194. Procedure when plea of proprietary right raised in revenue court.—(1) Except as otherwise 
provided  in  sections  38  and  193,  if  in  any  proceeding,  other  than  a  proceeding  under  section  137,  a 
question of proprietary right is raised and such question has net previously been determined by a court of 
competent  jurisdiction,  the  revenue  court  shall  frame  an  issue  on  the  question  of  proprietary  right,  and 
submit the record to, the competent civil court for the decision of that issue only. 

Explanation  I.—A  plea  of  proprietary  right  which  is  clearly  untenable  and  intended  to  oust  the 
jurisdiction  of  the revenue  court shall  not  be  deemed  to raise  a  question  of  proprietary  right  within  the 
meaning of this section. 

Explanation  II.—A  question  of  proprietary  right  does  not  include  the  question  whether  land  is 

khudkasht or niji jot. 

(2)  The  civil  court,  after  refraining  the  issue,  if  necessary,  shall  decide  such  issue  and  return  the 

record together with its finding thereon to the revenue court which submitted it. 

50 

 
(3)  The  revenue  court  shall  then  proceed  to  decide  the  case,  accepting  such  finding  and  shall, 
notwithstanding anything in this Act, submit the record to the district judge for confirmation of the order 
or the decree passed by it. 

Question of tenancy right in civil courts 

195.  Procedure  when  plea  of  tenancy  raised  in  civil  court.—(1)  If  in  any  suit  relating  to 
agricultural land instituted in a civil court, any question regarding tenancy right arises and such question 
has  not  been  previously  determined  by  a  court  of  competent jurisdiction,  the  civil  court  shall  frame  an 
issue on the plea of tenancy and submit the record to the sub-divisional officer for decision of that issue 
only. 

Explanation.—A plea of tenancy which is clearly untenable and intended only to oust the jurisdiction 

of the civil court shall not be deemed to raise a plea of tenancy. 

(2)  The  sub-divisional  officer,  after  refraining  the  issue,  if  necessary,  shall  decide  such  issue  and 

return the record together with his finding thereon to the civil court which submitted it. 

(3) The civil court shall then proceed to decide the suit, accepting the finding of the revenue court on 

the issue referred to it. 

(4) The finding of the revenue court on such issue shall, for the purposes of appeal, be deemed to be 

part of the finding of the civil court. 

Conflict of jurisdiction 

196. Reference to Judicial Commissioner.—(1) Where either a civil or a revenue court is in doubt 
whether  it  is  competent  to  try  any  case,  the  court  may  refer  such  case  with  a  statement  of  the  reasons 
therefor to the Judicial Commissioner: 

Provided that if the court is a revenue court subordinate to the collector, no reference shall be made 

except with the previous sanction of the collector. 

(2)  On  any  such  reference  being  made,  the  Judicial  Commissioner  may  order  the  court  either  to 
proceed with the case or transfer such case to such other court as may be declared by him to be competent 
to try it. 

CHAPTER XV 

MISCELLANEOUS PROVISIONS 

197.  Provision  for  injunction  and  appointment  of  receiver.—(1)  If,  in  the  course  of  any 

proceeding under this Act, it is proved by affidavit or otherwise— 

(a)  that  any  property,  tree  or  crop  standing  on  the  land  to  which  such  proceeding  relates  is  in 

danger of being wasted, damaged or alienated by any party to such proceeding, or 

(b)  that  any  party  to  such  proceeding  threatens,  or  intends,  to  remove  or  dispose  of  the  said 

property, tree or crop to defeat the ends of justice, 

the revenue court before which any such proceeding is pending may grant a temporary injunction and, if 
necessary, appoint a receiver. 

(2) Any person against whom an injunction has been granted under sub-section (1) may offer to give 
cash security of an amount determined by the  court to compensate the other party in case the matter in 
dispute is decided against such person, and the court may withdraw the injunction on his depositing such 
security. 

198.  Cases  in  which  legal  practitioners  may  appear.—A  legal  practitioner  shall  be  entitled  to 
appear in any proceeding on behalf of a party before a revenue court under the provisions of this Act in 
the following cases only and in no others— 

(i) to file a written statement, and to argue a case, before a confirming court, 

(ii) to prosecute and defend cases under Chapters IX and X and Part III of Chapter XII, and 

51 

 
(iii)  to  file  an  application  for  revision  under section  187  and  to  argue the  case  before the court 

hearing such application. 

199. Persons who may appear before a revenue court.—A party to a proceeding or his authorised 

agent may appear, plead or act before a revenue court. 

200.  Costs  in  revenue  courts.—A  revenue  court  may  allow  and  apportion  the  costs  of  any 
proceeding under this Act in any manner it thinks fit, but if it orders that costs shall not follow the event, 
it shall record its reasons for the order. 

201. Power of revenue court to summon persons.—(1) A revenue court may summon any person 

whose attendance it considers necessary for the purpose of disposing of any proceeding before it. 

(2) Unless exempted from personal appearance in court under sub-section (1) of section 133 of the 
Code of Civil Procedure, 1908 (Act 5 of 1908), a person so summoned shall appear at the time and place 
mentioned in the summons in person or, if the summons so allows, by his authorised agent. 

(3)  The  person  attending  in  obedience  to  the  summons  shall  be  bound  to  state  the  truth  upon  any 
matter respecting which he is examined or makes a statement, and to produce such document and other 
thing relating to any matter which may be within his power or possession as the court may require. 

202. Mode of service of summons or notice.—(1) A summons issued by a court acting under this 
Act shall, if practicable, be served (a) personally on the person to whom it is addressed, or failing him      
on (b) his authorised agent or (c) an adult male member of his family who is residing with him. 

(2)  If  service  cannot  be  so  made,  or  if  any  person  mentioned  in  sub-section  (1)  refuses  to  accept 
service,  the  summons  may  be  served  by  posting  a  copy  thereof  at  the  usual  or  last  known  place  of 
residence of the person to whom it is addressed, or, if that person does not reside in the tahsil in which 
such court is held, and the case to which the summons relates has reference to land in that tahsil, then by 
posting  a  copy  of  the  summons  on  some  conspicuous  place  in  or  near  the  estate  wherein  the  land  is 
situated. 

(3) If the summons relates to a case in which persons having the same interest are so numerous that 
personal service on all of them is not reasonably practicable, it may, if the court so directs, be served by 
delivery  of  a  copy  thereof  to  such  of  those  persons  as  the  court  nominates  in  this  behalf  and  by 
proclamation  or  publication  in  a  local  paper  of  the  contents  thereof  for  the  information  of  the  other 
persons interested in such case. 

(4) A summons may, if the court so directs, be served on the person named therein, either in addition 
to,  or  in  substitution  for,  any  other  mode  of  service,  by  forwarding  the  summons  by  post  in  a  letter 
addressed to such person under a certificate of posting. 

(5) When a summons is served in accordance with the provisions of this section, it shall be deemed to 

have been duly served. 

(6)  For  the  purposes  of  this  section  “summons”  shall  include  a  “notice”  which  a  court  may  issue 

under this Act. 

CHAPTER XVI 

POWER TO MAKE RULES 

203. Power to make rules.—(1) The Chief Commissioner may make rules for the purpose of giving 

effect to the provisions of this Act. 

(2)  In  particular  and  without  prejudice  to  the  generality  of  the  foregoing  power,  such  rules  may 

provide for all or any of the following matters, namely:— 

(a) for demarcation of pasture land and niji jot; 

(b) for the attestation of leases and agreements; 

(c) for the collection and disbursement of cesses, or assessment and recovery of irrigation dues, 

and for decision of disputes in respect of them; 

52 

 
(d) for the training of patwaris and girdawars; 

(e)  regulating  the appointment  and  transfer  of  girdawars  and  patwaris, and  other staff  required 
for  the  maintenance  of  the  record-of-rights,  their  salaries,  qualifications,  duties,  leave,  removal, 
dismissal or any other punishment; 

(f)  prescribing  the  form,  contents,  method  of  preparation,  attestation  and  maintenance  of  the 

record-of-rights, annual registers, maps, field-books, and other records to be kept under this Act; 

(g) for the erection of boundary and survey marks, and for their repairs and renewals, and for the 

recovery of costs in respect of such erection, repairs or renewals; 

(h)  for  providing  the  principles  on  which  the  part  of  the  holding  from  which  a  tenant  is  to  be 

ejected be determined and for the demarcation of such part; 

(i) for recording transfers and changes affecting interest in land, whether proprietary or otherwise; 

(j) regulating the imposition of fines for failure to notify succession or transfer; 

(k)  for  the  appointment  of  lambardars  and  patels,  the  duties  to  be  performed  by  them,  the 

remuneration, if any, to be paid to them and for their removal and dismissal; 

(l) for appeals or other modes of obtaining redress in cases of punishments inflicted on girdawars, 

patwaris, and other employees of land records establishment, and on lambardars and patels; 

(m)  for  the  guidance  of  officers  in  cases  for  the  determination,  enhancement,  abatement  and 

commutation of rent; 

(n) for the guidance of record officers and rent-rate officers; 

(o) for the remission and suspension of rent and revenue in agricultural calamities; 

(p) defining the powers of various classes of officers and revenue courts to hear and dispose of 

cases; 

(q)  for  the  establishment  of  honorary  courts  and  village  punchayats  and  for  regulating  their     

work; and 

(r) for collection of fines, compensation, damages or other sums imposed, awarded or ordered to 

be paid under the provisions of this Act and the rules made thereunder. 

1[(s) for the levy of a fee in respect of any application or the grant of any relief under this Act in 

cases not specifically provided for.] 

(3) In making any rule the Chief Commissioner may provide that any contravention of such rule shall 

be punishable with a fine not exceeding fifty rupees. 

(4)  All  rules  made  under  this  Act  shall  be  published  in  the  Official  Gazette  and  shall  also  be  laid 

before Parliament, as soon as may be, after such publication. 

CHAPTER XVII 

TRANSITIONAL PROVISIONS 

204. Reinstatement of tenant ejected before commencement of this Act.—(1) If, between the first 
day of June, 1942 and the commencement of this Act, the landlord of an estate mentioned in the Second 
Schedule had ejected a tenant from his holding, otherwise than in accordance with the Ajmere Land and 
Revenue Regulation, 1877 (2 of 1877), such tenant may, within  2[nine months] of such commencement, 
apply to the tahsildar to be reinstated in such holding. 

(2) An application under this section shall state— 

(i) the Khasra number and area or other description of such holding and the name and address of 

the person who is in possession thereof; 

1. Ins. by Act 63 of 1950, s. 2 (w.e.f. 1-12-1950). 
2. Subs. by s. 3, ibid., for “three months” (w.e.f. 1-12-1950). 

53 

 
                                                           
(ii) if such holding is held by a tenant, the khasra, number and area of other land in the possession 
of  the  landlord  which  may  be  given  to  the  applicant  in  lieu  of  the  holding  from  which  he  was  so 
ejected; and 

(iii) such other particulars as may be prescribed. 

(3)  The  tahsildar  shall,  after  hearing  the  parties  and  making  such  other  inquiry  as  he  deems  fit, 

order— 

(i)  if  such  holding  is  in  the  possession  of  the  landlord,  that  the  applicant  be  reinstated  in  such        

holding; and 

(ii)  if  such  holding  is  held  by  a  tenant,  that  an  area  of  the  land  mentioned  in  clause  (ii)  of                  

sub-section (2) or any other land in the possession of the landlord which is approximately equal in 
value to the holding from which the applicant was so ejected be allotted to him and demarcated on the 
spot. 

(4) If the applicant cannot be reinstated in his holding under clause (i), or allotted other land under 
clause  (ii)  of  sub-section  (3),  the  tahsildar  shall  award  to  the  applicant  monetary  compensation  which 
shall  be  six  times  the  annual  rental  value  of  the  holding  from  which  he  was  so  ejected  calculated  at 
sanctioned rates applicable to hereditary tenants, recover the amount of such compensation as arrears of 
revenue and pay it to him. 

(5) No person shall be reinstated in his holding under this section unless, within such time as may be 
allowed  by  the  tahsildar,  he  pays  to  the  landlord  compensation,  calculated  in  accordance  with  the 
provisions of this Act, for any improvement on such holding made by such landlord. 

(6) The applicant shall be a hereditary tenant of the land in which he is reinstated or which is allotted 

to him under this section. 

(7) The tahsildar shall, after deciding the case, submit the record for confirmation of the order passed 

by him to the sub-divisional officer. 

205.  Provision  for  pending  and  other  cases.—(1)  After  the  commencement  of  this  Act,  no  court 
shall  entertain  any  proceeding  for  the  establishment  or  enforcement  of  a  claim,  prohibited  by,  or 
inconsistent  with,  the  provisions  of  this  Act,  whether  such  claim  arose  before  or  after  such 
commencement. 

(2) A proceeding, in respect of any matter covered by this Act, pending in any civil or revenue court 
at the commencement of this Act shall, notwithstanding anything contained in section 169, be heard and 
decided by such court in accordance with the corresponding provisions of this Act, and if there is no such 
corresponding provision, it shall be quashed. 

(3) Notwithstanding anything contained in this Act, the record of every case in which the proceeding 
is so quashed shall be submitted for confirmation in accordance with the provisions of section 183 by the 
court quashing the proceeding to the court to which it is immediately subordinate and the court to which 
the record is so submitted shall follow the procedure specified in section 184. 

__________ 

THE FIRST SCHEDULE 

General 

1. The provisions of this Schedule and the rates of fees specified therein for occupying a house site in 
the village or for grazing and pasturing animals in the waste land of such village shall apply to tenants 
other than sub-tenants: 

Provided that if, at the commencement of the Act, no such fee is charged in any village or estate from 
the tenants or any class of them or such fee was charged at a rate lower than that entered in this Schedule, 
such exemption or lower rate, as the case may be, shall continue in force as heretofore. 

54 

 
 
2. The fees for grazing and occupying a house-site shall be assessed annually by the tahsildar in the 

manner prescribed. 

3. If any person has not paid grazing fee within six weeks of its becoming due, the tahsildar shall, on 
the application of the landlord, exclude the animals of such person from the waste-land until he has paid 
up his arrears. 

Fee for occupation of house-site 

4.  A  landlord  shall  provide  a  tenant  with  a  house-site  of  reasonable  dimensions,  preferably  in  the 

village abadi. 

Explanation.—For the purposes of this paragraph “reasonable dimensions” shall ordinarily mean— 

(a)  in  the  case  of  a  tenant  who  has  a  residential  house  in  the  village,  the  present  site  of  his     

house; and 

(b) in the case of a tenant who has no such house, 800 square yards. 

5. No premium shall be charged for providing any house-site, and the fee to be charged therefor shall 

not exceed one anna per 100 square yards per year. 

6. (1) No grazing fee shall be charged for the following classes of animals:— 

Grazing fee 

(i) cows; 

(ii) calves; 

(iii) bullocks; 

(iv) he-buffaloes; 

(v) padis (up to two years of age); 

(vi) padas; and 

(vii) kids and lambs: 

Provided that in bir, cows, calves, bullocks and he-buffaloes shall be allowed to graze on payment of 

one anna per head per annum and padis and padas on payment of one-half of such rate. 

(2) A grazing fee at the following rates shall be payable for the other classes of animals:— 

Bir 

Other waste land 

Rs.   A.    P. 

Rs.    A.    P. 

(i) She-buffaloes 

        0     12     0 

0      3     0 

per head per year. 

(ii) Jhotis (over two years old) 

         0      6       0 

0      1     6 

per head per year. 

(iii) Goats or sheep 

(iv) Donkeys 

(v) Ponies 

(vi) Camels 

0      1      6 

0      4      0 

0      4      0 

0      8      0 

Nil 

Nil 

Nil 

per head per year. 

per head per year. 

per head per year. 

0     4     0 

per head per year. 

7.  Any  dispute  arising  under  this  Schedule  shall  be  decided  by  the  tahsildar  who  shall  submit  the 

record of the case for confirmation of the order passed by him to the sub-divisional officer. 

55 

 
 
 
  
 
 
 
  
 
 
1.  Binai. 

2.  Sholyan. 

3.  Saholao. 

4.  Sarans. 

5.  Sawar. 

6.  Piplaj. 

7.  Deokheri. 

8.  Basundni. 

9.  Chandthali. 

10.  Chausla. 

11.  Mehrun khurd. 

12.  Masuda. 

13.  Sathana. 

14.  Sakrani. 

15.  Lamba. 

16.  Nagar. 

17.  Shergarh. 

18.  Akrol. 

19.  Lalawas. 

20.  Jamola. 

21.  Sheopuri. 

22.  Aaan. 

23.  Pisangan. 

24.  Pranhera. 

THE SECOND SCHEDULE 

Names of estates 

25.  Khawas. 

26.  Sadara. 

27.  Gulgaon. 

28.  Junia. 

29.  Bogla Kalahera. 

30.  Karonj. 

31.  Deolia Khurd. 

32.  Manda. 

33.  Lasaria. 

34.  Deolia Kalan. 

35.  Gudha Kalan. 

36.  Jetpura. 

37.  Nandsi. 

38.  Shokli. 

39.  Arwar. 

40.  Rammalian. 

41.  Kaibania. 

42.  Kharwa. 

43.  Nasun. 

44.  Bandanwara. 

45.  Padlia. 

46.  Jotayan. 

47.  Kalyanpura. 

48.  Amargarh. 

56 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
49.  Mehrun. 

50.  Kadera. 

51.  Tiswaria. 

52.  Sankaria. 

53.  Nimode. 

54.  Para. 

55.  Kodah. 

56.  Meoda Khurd. 

57.  Deogaon Baghera. 

58.  Salari. 

59.  Govindgarh. 

60.  Tantoti. 

61.  Baori. 

62.  Barli. 

63.  Gcela. 

64.  Nagelao. 

65.  Kanai Khurd. 

66.  Baghsuri. 

67.  Bubania. 

68.  Kerote. 

69.  Kurthal. 

70.  Kanai Kalan. 

71.  Manoharpura. 

72  Mewaria. 

73.  Richmalian. 

74.  Sathan. 

57 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
