This Act may be called The North-Western Provinces Rent Act, 1873:

Local extent. It extends in the first instance to the territories for the time being under the government of the Lieutenant-Governor of the North-Western Provinces, except those specified in the second schedule hereto annexed. But the Local Government may, by notification in the official Gazette, extend the whole or any part of this Act to all or any of the territories so excepted.

Save as provided by sections one hundred and seventy-one and one hundred and seventy-two, nothing herein contained applies to land for the time being occupied by dwelling-houses or manufactories, or appurtenant thereto.

Commencement. This Act shall come into force on the passing thereof.

Act No. X of 1859 (to amend the law relating to the recovery, of Rent in the Presidency of Fort William in Bengal), Act No. XIV of 1863 (to amend Act X of 1859), and Act No. XXII of 1872 (to explain and amend Act No. X of 1859) are hereby repealed. But such repeal shall not legalize any practice which, immediately before the passing of this Act, was unlawful.

Rules and orders now in force. And all rules and orders now in force and made under any of the Acts hereby repealed shall, so far as they are consistent herewith, be deemed to have been made hereunder.

Proceedings heretofore commenced. All proceedings commenced under any enactment hereby repealed shall be deemed to have been commenced under this Act, except where a decree has been made or an appeal presented: Provided that no proceeding, relative to the enhancement of rent shall be deemed to have been commenced before the passing of this Act, merely because the landholder has served a notice under section thirteen of Act No. X of 1859, or because the tenant has contested his liability to pay the enhanced rent, by complaint of excessive demand of rent, under sections fourteen and twenty-three of the same Act.

Acts amended. Illustration (a) to the Indian Penal, Code, section nineteen, and Act No. XI of 1865, section fifty-two, shall be read as if, for Act X of 1859, the words and figures, the North-Western Provinces Rent Act, 1873, were substituted. And section fifteen of Act No. XVIII of 1871 (for the levy of rates on land in the North-Western Provinces) shall be read as if, for section twenty-three of Act No. X of 1859, and in section one of Act No. XIV of 1863, the words and figures section ninety-four of the North-Western Provinces Rent Act, 1873, were substituted, and as if, for Act No. X of 1859 and Act No. XIV of 1863, the words and figures, the North-Western Provinces Rent Act, 1873, were substituted.

In this Act, unless there be something repugnant in the subject or context

(1) Mah l Mah l means

(a) any local area held under a separate engagement for the payment of land-revenue, and for which a separate record-of-rights has been framed;

(b) any local area of which the revenue has been assigned or redeemed, and for which a separate record-of-rights has been framed:

(2) Rent. Rent means whatever is to be paid, delivered or rendered by a tenant on account of his holding, use or occupation of land:

(3) Landholder. Landholder means the person to whom a tenant is liable to pay rent:

(4) Sir-land. Sir-land means

(a) land recorded as sir at the last settlement of the district in which it is situate, and continuously so recorded since;

(b) land continuously cultivated for twelve years by the proprietor himself with his own stock or by his servants, or by hired labour;

(c) land recognized by village-custom as the special holding of a co-sharer, and treated as such in the distribution of profits or charges among the co-sharers:

(5) Collector of a District. Collector of a District means the chief officer in charge of the Revenue Administration of a District:

(6) Commissioner of a Division. Commissioner of a Division means the chief officer in charge of the Revenue Administration of a Division:

(7) Board. Board means the Board of Revenue for the North-Western Provinces:

(8) Civil Jail. Civil Jail means the civil jail of the District, and includes any place appointed by the Local Government for the confinement of prisoners under sentence of any Court constituted under this Act.

RIGHTS AND LIABILITIES OF LANDHOLDERS AND TENANTS

In the permanently-settled districts, persons who possess a permanent transferable interest in land, and who are intermediate between the proprietor of a mah l and the occupants, and who hold (otherwise than under a terminable lease) at a fixed rent which has not been changed from the time of the Permanent Settlement, shall continue to hold at such rent.

All tenants in districts or portions of districts permanently settled, who hold lands at fixed rates of rent which have not been changed since the Permanent Settlement, shall have a right of occupancy at those rates, and shall be called tenants at fixed rates.

Whenever, in any suit to which the provisions of section four or section five apply, it is proved that the rent at, which land is held has not been changed for a period of twenty years next before the commencement of the suit, it shall be presumed that the land has been held at that rent from the time of the Permanent Settlement, unless the contrary be shown, or unless it be proved that such rent was fixed at some later period.

Every person who may hereafter lose or part with his proprietary rights in any mah l shall have a right of occupancy in the land held by him as s r in such mah l at the date of such loss or parting, at a rent which shall be four annas in the rupee less than the prevailing rate payable by tenants-at-will for land of similar quality and with similar advantages.

Persons having such rights of occupancy shall be called exproprietary tenants, and shall have all the rights of occupancy-tenants.

Every tenant who has actually occupied or cultivated land continuously for twelve years has, a right of occupancy in the land so occupied or cultivated by him.

Such tenants shall be called occupancy-tenants.

The occupation or cultivating of the father or other person from whom the tenant inherits, shall be deemed to be the occupation or cultivating of the tenant within the meaning of this section:

Tenants barred from right of occupancy. Provided that no tenant shall acquire, under this section, a right of occupancy

(a.) in land which he holds from an occupancy-tenant, or from an exproprietary tenant, or from a tenant at fixed rates;

(b.) in s r-land;

(c.) in land held by him in lieu of wages.

Time excluded from reckoning period necessary for acquiring right of occupancy. Provided also that, when a tenant-actually occupies or cultivates land under a written lease without having a right of occupancy in such land, the period of twelve years necessary for acquiring a right of occupancy therein by him or any one claiming under him shall begin on the expiration of the term of such lease. If during the currency of such lease he ceases to occupy the land comprised therein, and sublets it to another, no right of occupancy in such land shall be acquired by the sub-lessee during the currency of the lease.

The right of tenants at fixed rates shall be heritable and transferable.

No other right of Occupancy shall be transferable, by grant, will or otherwise, except as between persons who have become by inheritance co-sharers in such right.

When any person entitled to such last-mentioned right dies, the right shall devolve as if it Were land: Provided that no collateral relative of the deceased who did not then share in the cultivation of his holding shall be entitled to inherit under this section.

On the application of any tenant to have his class of tenure determined, the Collector of the District or Assistant Collector shall determine the class to which he belongs, namely

whether he is a tenant at fixed rates,

or an exproprietary tenant,

or an occupancy-tenant,

or whether he is a tenant without a right of occupancy.

The rent paid by tenants at fixed rates shall not be liable to enhancement.

The rent paid by exproprietary or occupancy-tenants shall not be liable to enhancement except

(a) by a written agreement registered under the Indian Registration Act, 1871, or recorded before the patw r of the village or the k n ngo: or

(b) by Order of a Settlement Officer passed under the law for the time being in force: or

(c) by order under this Act.

Where the rent of any occupancy-tenant has not been fixed by order of a Settlement Officer under the North-Western Provinces Land Revenue Act, 1873, or by an order under this Act,

or where the rent has been fixed by any such order, but the term for which it has been fixed has expired,

or where any of the events mentioned in section sixteen has occurred,

the landholder may apply to enhance the rent of such tenant on one of the following, grounds and on no others:

(a) that the rate of the rent paid by such tenant is below the prevailing rate payable by the same class of tenants for land of similar quality with similar advantages;

(b) that the value of the produce has, or the productive powers of the land have, been increased otherwise than by the agency or at the expense of the tenant;

(c) that the quantity of land held by the tenant has been proved by measurement to be greater than the quantity for which rent has been previously paid by him.

a. Where the rent of any exproprietary tenant has not been fixed by order of a Settlement Officer under the North-Western Provinces Land Revenue Act, 1873, or by an order under this Act,

or where the rent has been fixed by such order, but the term for which it has been fixed has expired,

or where any of the events mentioned in section sixteen has occurred,

the landholder may apply to enhance or determine the rent of such tenant as if he were an occupancy-tenant: Provided that his rent shall be four annas in the rupee below the prevailing rate for land of a similar quality with similar advantages held by tenants-at-will.

b. Selection of land for comparison. Whenever the district or tahs l, or other local area in which such land is situated, has been divided by the Settlement Officer into circles of like capacity and soil, the land of similar quality, with similar advantages, shall, for the purposes of this section and section thirteen, be selected from the same circle.

c. When the Settlement Officer has not so divided the district or other local area as aforesaid, the land regarding which the application has been made shall be compared with land of similar quality and with similar advantages, in the same tahs l or in a tahs l immediately adjacent.

Where the rent of any exproprietary tenant or occupancy-tenant has not been fixed by order of a Settlement Officer under the North-Western Provinces Land Revenue Act, 1873, or by an order under this Act,

or where the rent has been fixed by such order, but the term for which it has been fixed has expired,

or where any of the events mentioned in section sixteen has occurred,

the tenant may apply for an abatement of his rent on one of the following grounds, and on no others:

(a) that the area of the land held by him has been diminished by diluvion or otherwise:

(b) that the value of the produce has, or the productive powers of such land have, been decreased by any cause beyond his power.

Subject to the provisions of section seventeen, where the rent of any exproprietary or occupancy-tenant has been fixed by an order under this Act, such rent shall not be liable to be enhanced or abated

(a) until the expiration of ten years from the date on which such order took effect, or

(b) until the revision (before confirmation) of the assessment of the district by order of the Local Government, or

(c) Until the conclusion of the period of settlement of the district,

whichever of the said three events first occurs.

Where the rent of any exproprietary or, occupancy-tenant has been fixed by order of a Settlement Officer under the North-Western Provinces Land Revenue Act, 1873, or by an order under this Act, the landholder may apply to enhance the rent of such tenant during the currency of the term for which the rent has been so fixed, on one of the following grounds, and on no others:

(a) that the area of the tenant's holding has been increased by alluvion or otherwise;

(b) that the productive powers of the land held by the tenant have, since the date of the order, been increased otherwise than by the agency or at the expense of the tenant:

And the tenant may apply for abatement of his rent on one of the following grounds, and on no others:

(c) that the area of the land held by him has been diminished by diluvion or otherwise;

(d) that the productive powers of such land have been decreased by any cause beyond his control.

In the case of a tenant at fixed rates, the landholder may apply to enhance his rent on the ground that the area of the land in his holding has been increased by alluvion or otherwise,

and the tenant may apply for abatement of his rent on the ground that the area of the land in his holding has been diminished by diluvion or otherwise.

Applications for enhancement or abatement of rent must be made on or before the thirty-first day of December next before the year commencing on the first day of July from which the rent is to be enhanced or abated,

Orders when to take effect. and all orders for enhancement or abatement shall take effect from the first day of July next following the date of the application.

In determining, under this chapter, the rate of rent payable by any tenant, his caste shall not be taken into consideration, unless it is proved that, by local custom, caste is taken into account in determining such rate;

and whenever it is found that, by local custom or practice, any class of persons, by reason of their having formerly been proprietors of the soil or otherwise, hold land at favourable rates of rent, the rate shall be determined in accordance with such custom or practice.

No tenant-at-will of land shall be liable to pay rent in excess of the rent (if any) payable by him in the previous year ending on the thirtieth day of June, unless the landholder and tenant have agreed as to the rent to be paid to the former by the latter, and such agreement has been recorded by the patw r of the village or the k n ngo of the pargana in which such land is situate.

Notwithstanding anything hereinbefore contained, when the rent of any exproprietary or occupancy-tenant has been fixed by agreement between the parties, such rent shall not be liable to enhancement or abatement for such term as may be agreed on.

Whenever in any land the crops have been damaged or destroyed by any cause beyond the tenant's control, any officer empowered by the Local Government in this behalf may, subject to such rules as to appeal, confirmation or otherwise, as may from time to time be prescribed by the Board, order that the whole or any part of the rent then payable for such land shall be remitted, or that the payment thereof shall be suspended for such period as he thinks fit;

And, subject to the same rules, the landholder shall be bound by such order;

And in case of such remission, the Local Government shall remit the revenue due in respect of such land to an amount which shall, at the option of the Local Government, he equal to one-half of the rent remitted, or shall hear the same proportion to the whole of the revenue due in respect of the mah l, as the rent remitted bears to the whole of the rent payable in respect of such mah l;

And in case of such suspension, the Local Government shall suspend for the period of such suspension so much of the revenue payable in respect of the mah l as, at the option of the Local Government, is equal to one-half of the rent of which the payment has been suspended, or bears the same proportion to the whole revenue payable in respect of the mah l, as the rent of which the payment has been suspended bears to the whole rent payable in respect of such mah l.

Every tenant is entitled to receive from the landholder, and may at any time during the continuance of his holding apply for, a lease containing the following particulars:

(a) the quantity of land held by him, and, where the fields have been numbered in a Government survey, the number of each field:

(b) the amount of annual rent payable for such land:

(c) the instalments in which, and the dates on which, such rent is to be paid:

(d) any special conditions of the lease:

(e) if the rent is payable in kind, or is calculated on a valuation of the produce, the proportion of produce to be delivered, the mode of valuation, and the time, manner and place of delivery.

Tenants at fixed rates are entitled to receive leases at such rates.

Exproprictary and occupancy-tenants are entitled to receive leases at the rates hitherto paid by them, or determined in accordance with the provisions of this Act.

All other tenants are entitled to leases only on such terms as may he agreed upon between them and the landholders.

Every landholder who grants a lease is entitled to receive a reciprocal engagement from the tenant, executed by the tenant, and conformable with the terms of the lease.

The tender to any tenant of a lease, such as he is entitled to receive, shall entitle the landholder to receive a reciprocal engagement from such tenant.

If any lease be granted, or if any agreement be entered into, by any landholder under engagement with Government for his land, fixing the rent of land for any period exceeding the term of such engagement, such lease or agreement shall. On the expiration of the term aforesaid, be void at the option of either party.

a. And whereas all grants (whether in writing or otherwise) for holding land exempt from the payment of rent which have been made since the first day of December 1790, by any authority other than that of the Governor-General in Council, were declared by Bengal Regulation XIX of 1793, section ten, to be null and void, and like provisions have been by divers Regulations applied to the several parts of the territories to which this Act extends, and the said Regulation XIX of 1793 also provided that no length of possession should be considered to give validity to any such grant, either with regard to the property in the soil or the rents of it, it is hereby enacted as follows:

b. Applications to resume. Applications by the proprietor to resume such grants or to assess rent on the land, shall be made to the Collector of the District or Assistant Collector, and, subject to rules to be made under section two hundred and eleven, shall be dealt with as other applications under this Act.

c. Validity of grants which grantor has expressly agreed not to resume. Grants of land held under a written instrument, by which the grantor expressly agrees that the grant shall not be resumed, shall be held valid as against him (but net as against his representatives after his death) during the continuance of the settlement of the district in which the land is situate, which is Current at the date of the grant.

d. When rent-free tenure confers proprietary right. Where any land has been for fifty years or upwards, and still is, held rent-free and by at least two successors to the original grantee, such holding shall be deemed to confer on the holder a proprietary right.

e. Nothing in the Indian Limitation Act, 1871, shall bar the right to make an application under this Act to assess to rent land held rent-free.

f. Nothing in this section shall apply to either of the following cases:

(1) Where land is previously to the passing of this Act held rent-free under a judicial decision:

(2) Where, previously to the passing of this Act, land held rent-free has been purchased for a valuable consideration and resumption thereof has been barred under Act No. X of 1859, section twenty-eight, or under the Indian Limitation Act, 1871, schedule II, No. 130.

Every tenant not holding under a lease shall continue liable for the rent of the land in his holding for the ensuing year, unless on or before the first day of May in any year he gives notice in writing to the landholder, or his recognized agent, of his desire to relinquish such land on the thirtieth day of June next ensuing, and relinquishes it accordingly; or unless it is let to any other person by such landholder or agent.

If the landholder or his agent refuse to receive such notice, or if he receive it but refuse to sign a receipt for the same, the tenant may make an application to the tahsildar, who shall thereupon cause the notice to be served on such landholder or agent, the tenant paying the costs of service.

The notice shall, if practicable, be served in personally on the landholder or his agent; but if the landholder or his agent cannot be found, or if he evades service of the notice, service may be made by affixing the notice at his usual place of residence, or, if he does not reside in the district wherein the land is situate, at the chaup l, or other conspicuous place in the village where the land is situate.

Where the delay in serving the notice is owing to the fault of the landholder or his agent, the notice shall be deemed to have been served at the first attempt to serve it.

a. When an arrear of rent remains due from any tenant, he shall be liable to pay interest on such arrear at one per cent per mensem; and if the arrear remains due on the thirtieth day of June, to be ejected from the land in respect of which the arrear is due.

b. Bar to ejectment without decree. No tenant at fixed rates, exproprietary tenant, occupancy-tenant, or tenant holding under an unexpired lease, shall be ejected otherwise than in execution of a decree or order under the provisions of this Act.

c. Ejectment not to be decreed for certain acts or omissions. No ejectment of a tenant or forfeiture of a lease shall be decreed on account of any act or omission of the tenant

(1) which is not detrimental to the land in his occupation, or inconsistent with the purpose for which the land was let, or

(2) which by law, custom, or special agreement does not involve the forfeiture of the lease.

If the landholder desire to eject a tenant at fixed rates, an exproprietary tenant, an occupancy-tenant, or a tenant holding under an unexpired lease, against whom a decree for arrears has been passed and remains unsatisfied, he may, after the expiration of the year, ending on the thirtieth day of June, in which such arrears accrued, apply to the Collector of the District or Assistant Collector to eject the tenant.

Such officer shall, on receiving such application, (subject to the provisions of the Indian Limitation Act, 1871, and of section one hundred and sixty-two of this Act) cause a notice to be served on the tenant, stating the amount due under the decree, and informing him that if he does not pay such amount into Court within fifteen days from receipt of the notice, he will be ejected from his land.

If such amount be not so paid, the Collector of the District or Assistant Collector may eject the tenant.

If the landholder desire to eject a tenant not having a right of occupancy, or any other tenant holding only for a limited period, after the determination of his tenancy, he may cause a written notice of ejectment to be served on such tenant under the provisions of this Act.

The notice of ejectment shall be written in the vernacular language and character of the district:

it shall specify the land from which the tenant is to be ejected;

and it shall inform him that he must vacate such land on or before the first day of May next following; or that, if he means to contest the right to eject him, he must apply to the Collector of the District or Assistant Collector for that purpose, on or before that date.

The notice shall be issued and served through the office of the tahs ld r on or before the first day of April, and the landholder shall pay the cost of service: it shall be served personally on the tenant, if practicable; but if he cannot be found, service may he made by affixing the notice to his usual place of residence.

a. The tenant, on whom such notice has been served, may, on or before the first day of May next after the service, make an application to the Collector of the District or Assistant Collector, contesting his liability to be ejected.

b. When such an application is made, the Collector of the District or Assistant Collector shall proceed to determine the question between the parties.

c. If no such application is made, the tenancy of the land in respect of which the notice has been served shall be held to cease on the first day of May next after the service; unless, after such service, the landholder authorises the tenant to continue in the occupation of the land.

If the landholder require assistance to eject the person whose tenancy is alleged to have ceased under the provisions of section thirty-nine, he may apply to the Collector of the District or Assistant Collector for such assistance before the ploughing for the khar f harvest commences in the district; and the Collector of the District or Assistant Collector shall order the ejectment of such tenant if he is satisfied

(a) that the notice was duly served on such tenant under section thirty-eight;

(b) that he has not been authorised by the land-holder to continue in occupation;

(c) that the tenant has not made the application mentioned in section thirty-nine; or

(d) that if such application has been made, the question has been determined adversely to the tenant.

Provided that no such application for the ejectment of a farmer on the determination of a lease shall be received if the lease be of the kind in which an advance has been made by the leaseholder, and the proprietor's right of re-entry at the end of the term is contingent on the re-payment of such advance either in money or by the usufruct of the land. In all such cases the landholder must proceed by suit if the Civil Court.

If the landholder expressly authorise the tenant, on whom the notice of ejectment has beer served, or against whom any proceedings in ejectment under section forty have been taken, to remain in occupation of the land, and to prepare it for the khar f harvest, the proceedings shall become void.

a. Any tenant ejected in accordance with the provisions of this Act, shall be entitled to any growing crops or other ungathered products of the earth belonging to the tenant, and growing on the land a the time of his ejectment, and to use the land for the purpose of tending and gathering in such crops or other produces, paying adequate rent therefor.

b. Effect of tender by landholder of payment for crops. Provided that, if the landholder desire to purchase such crops or other products, he may tender their price to the tenant; and thereupon the right of the tenant to such crops and other products, and to use the land for the purpose aforesaid, shall cease.

c. Power to determine rent and price. In the case of a dispute under this section, the Collector of the District or Assistant Collector may, on the application of the landholder or tenant, award the rent and price so payable; and the amount of such award, or of any tender accepted under this section, shall be recoverable as an arrear of rent by suit under this Act.

d. Set-off of rent. The rent, if any, payable to the landholder by the tenant at the time of his ejectment may he set-off against the price of the said crops or other products.

a. Wherever rent is taken by division of the produce in kind, or by estimate or appraisement of the standing crop, or other procedure of a like nature, requiring the presence both of the cultivator and landholder, either personally or by agent,

if either landholder or tenant, personally or by agent, neglect to attend at the proper time, or if there is a dispute as to the amount or value of the crop,

an application may he presented by either party to the Collector of the District or Assistant Collector, requesting that a proper officer be deputed to make the division, estimate, or appraisement.

b. Procedure on such application. On receiving such application, the Collector of the District or Assistant Collector shall issue a written notice to the opposite party or his agent, to attend on the date and at the time specified in the notice, and shall depute an officer before whom such division, estimate, or appraisement shall be made.

c. If on or before the date appointed, the dispute has not been amicably adjusted, three residents of the village or neighbourhood shall be appointed assessors; one by each of the parties, and one by the officer deputed to divide the grain or estimate or appraise the crops, and the officer deputed shall decide the amount of rent payable by their award, and shall give to the party applying a written authority to divide the grain or cut the crops.

d. Provided that, if either party fail to attend, the officer deputed shall nominate an assessor on his behalf.

e. The officer deputed shall report his proceedings to the Collector of the District or Assistant Collector, who shall determine the amount of costs properly incurred under this section, and the share of the costs to be paid by either party.

If any tenant, or any person from whom he has inherited or purchased, make any such improvements on the land in his possession as are hereinafter mentioned, neither he nor his representative shall be ejected from the same land without payment of compensation for such improvements.

Explanation. The word improvements as used in this section means works by which the annual letting value of the land has been, and at the time of demanding compensation continues to be, increased, and comprises

(a) tanks, wells and other works for the storage, supply or distribution of water for agricultural purposes,

(b) works 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, or enclosing of lands for agricultural purposes,

(d) the renewal or re-construction of any of the foregoing works, or alterations therein, or additions thereto.

Such compensation may, at the option of the landholder or his representative, be made

1st, by payment in money;

2nd, by a rent to be charged on the land;

3rd, by the grant of a beneficial lease of the land, by the landholder or his representative, to the tenant or his representative;

4th, partly by one of by any two of the said ways, and partly by the others or other of the same ways.

In case of difference as to the amount or value of the compensation tendered, either party may apply to the Collector of the District or Assistant Collector stating the matter in dispute, and requesting a determination thereof.

On receiving such application, the Collector of the District or Assistant Collector shall

(a) cause notice thereof to be served on the other party,

(b) take such evidence as the parties or either of them may adduce,

(c) make such further inquiry as the Collector of the District or Assistant Collector may deem necessary, and

(d) determine the amount of the payment in money, and the amount and incidence of the rent-charge, and the terms of the lease, or any of such matters.

In determining the amount or value mentioned in section forty-six, or the terms of such lease, the Collector of the District or Assistant Collector shall take into account any assistance given to the tenant by the landholder either directly in money, material or labour, for the purpose of making such improvements, or indirectly by allowing the tenant to hold at a favourable rate of rent.

Every tenant from whom any sum is exacted in excess of the rent specified in his lease or payable under the provisions of this Act,

and every tenant from whom a receipt is withheld for any sum of money paid by him as rent,

shall be entitled to recover from the landholder compensation not exceeding double the amount so exacted or paid.

Contents of receipt. Receipts for rent shall specify the period or crop on account of which the rent is acknowledged to have been paid;

and any refusal to make such specification shall be held to be a withholding of a receipt.

If payment of rent, whether the same be legally due or not, is extorted from any tenant by illegal confinement or other duress, he shall be entitled to recover from the person guilty of such extortion such further compensation, not exceeding the sum of two hundred rupees, as the Collector of the District or Assistant Collector thinks reasonable.

Liability to punishment for extortion not affected. An award of compensation under this section shall not bar or affect any penalty or punishment to which the person guilty of such extortion may be subject under the Indian Penal Code.

If any tenant tenders to the landholder full payment of the rent due from him, and if the amount so tendered he not accepted, and a receipt for the amount forthwith granted, the tenant may thereupon apply to the Collector of the District or Assistant Collector for leave to deposit such amount in his Court to the credit of the landholder.

The application to the Collector of the District or Assistant Collector shall be as nearly as may be in the form (A) in the first schedule hereto annexed, and shall be verified in the manner prescribed for the verification of plaints under section one hundred and seven:

Penalty for false statement. and the person making the verification shall be punishable, if the application contain any averment which he knows or believes to be false, or does not know or believe to be true.

The Collector of the District or Assistant Collector shall receive the amount which the tenant desires to deposit, and shall thereupon issue to the person to whose credit it has so been deposited, a notice in English or the vernacular language of the district in the form (B) in the first schedule hereto annexed, or to the like effect.

And such deposit shall, in all questions between the landholder and the tenant, be deemed to be a payment made by the tenant to the landholder on account of the rent.

Such notice shall be served through the tahs ld r upon the person to whom it is addressed, or upon his recognized agent.

In their absence, the notice shall be affixed at the chaup l, or other conspicuous place in the village in which the land for which the rent is due is situate.

If at any time before the expiration of three years from the date of the deposit the person on Whom such notice is served, or his recognized agent, appears, and applies that the money in deposit be paid to him, it shall be paid accordingly, unless it has been repaid or paid in accordance with the provisions next hereinafter contained.

If no application be made by such person or his recognized agent, the sum shall be repaid to the depositor on the expiration of three years from the date of the deposit.

And at any time before the expiration of such period, on the joint application of the depositor and the person to whose credit the said sum was deposited, such sum shall be paid in such manner as the joint applicants desire.

DISTRESS

The produce of all land in the occupation of a cultivator shall be deemed to be hypothecated for the rent payable in respect of such land;

Recovery of arrears by distress. and when an arrear of rent is due from any cultivator, the person entitled to receive rent immediately from him may, instead of suing for the arrear as hereinafter provided, recover the same by distress and sale of the produce of the land in respect, of which the arrear is due, under the rules contained in this chapter.

57. Provided

(a.) Distress of produce barred by security given for rent. that when a cultivator has given security for the payment of his rent, the produce of the land for the rent of which security has been given, shall not be liable to be distrained:

(b.) Sharer when entitled to distrain. that no sharer in any mah l shall have power to distrain upon any cultivator unless he is entitled to collect the whole rent from such cultivator:

(c.) Distress by manager. that no sharer in a joint undivided mah l shall exercise such power otherwise than through a manager authorized to collect the rents of the whole mah l on behalf of all the sharers therein:

(d.) Distress in patt d r mah ls. that in patt d r mah ls distress shall be made only through a lambard r, or, where the rent of a patt is not collected by a lambard r, through the patt d r who is entitled to collect the rent.

A distress shall not be made for any arrear which has been due in respect of any land for a longer period than one year:

nor for the recovery of any sum in excess of the rent payable for the same land in the preceding year, unless the rent has been enhanced under the provisions hereinbefore contained, or by order of a Settlement Officer, or unless the cultivator has agreed to pay such excess and such agreement has been attested before the patw r or k n ngo.

The power to distrain conferred by sections fifty-six and fifty-seven may be exercised by managers under the Court of Wards, and other persons lawfully entrusted with the charge of immoveable property;

and also by the agents employed by such persons as aforesaid, in the collection of rent, if expressly authorized by power-of-attorney in that behalf:

Liability for illegal act. If any wrongful act is committed by any such agent, under colour of the exercise of the said power, such agent and his principal shall be jointly and severally liable to make compensation for such act.

When any person, empowered to distrain property under section fifty-six, section fifty-seven or section fifty-nine, employs a servant or other person to make the distress, he shall give him a written authority for the same, and the distress shall be made in the name of the person giving such authority.

Standing crops and other ungathered products of the earth, and crops or other products when reaped or gathered, and deposited in any threshing-floor or place for treading out grain or the like, whether in the field or within a homestead, may be distrained by persons invested with power to distrain under the provisions of this Act.

Exception. But no such crops or products, other than the produce of the land in respect of which an arrear of rent is due, or of land held under the same engagement, and no grain or other produce after it has been stored by the cultivator, and no other property whatsoever, shall be liable to be distrained under this Act.

Before or at the time When a distress is made under this Act, the distrainer shall cause the defaulter to be served with a written demand for the amount of the arrear, together with an account exhibiting the grounds on which the demand is made.

Mode of service. The demand and account shall, if practicable, be served personally on the defaulter; or, if he abscond or conceal himself, so that they cannot be so served, shall be affixed at his usual place of residence.

Unless the amount of the demand is immediately paid or tendered, the distrainer may distrain property as aforesaid equal in value, as nearly as may be, to the amount of the arrear and the costs of the distress.

List of property to be prepared and copy served on owner. And shall prepare a list or description of the said property, and deliver a copy of the same to the owner, or, if he be absent, affix it at his usual place of residence.

a. Standing crops and other ungathered products may, notwithstanding the distress, be reaped and gathered by the cultivator, and he may store the same in such granaries or other places as are commonly used by him for the purpose.

b. If the cultivator neglect to do so, the distrainer shall cause the said crops or products to be reaped of gathered, and in such cast shall store the same either in such granaries or other places as aforesaid, or in some other convenient place in the neighbourhood.

c. In either case the distrained property shall be placed in the charge of some person appointed by the distrainer for the purpose.

d. Sale of products which cannot be stored. Crops or products which, from their nature, do act admit of being stored, may be sold before they are reaped or gathered, under the rules hereinafter provided; but in such case, the distress shall be made at Least twenty days before the time when the crops, or products, or any part of the same are fit for reaping or gathering.

If a distrainer is opposed, or apprehends resistance, and desires to obtain the assistance of a public officer, he may apply to the Collector of the District or Assistant Collector, who may, if he thinks necessary, depute an officer to assist the distrainer in making the distress.

If at any time after property has been distrained and before the day fixed for putting it up to sale as hereinafter provided, the owner of the property tenders payment of the arrear demanded of him, and of the expenses of the distress, the distrainer shall receive the same, and shall forthwith withdraw the distress.

Within five days from the time of the storing of any distrained crops or products,

or, if the crops or products do not from their nature admit of being stored, within five days from the time of making the distress,

the distrainer shall apply for sale of the same to the officer for the time being authorized by the Local Government to sell distrained property within the tahs l in which they are situate.

The application shall be in writing, and shall contain

(a) an inventory or description of the property distrained,

(b) the name of the defaulter and his place of residence,

(c) the amount due, and the date of the distress, and

(d) the place in which the distrained property is.

Fee for service of notice. Together with the application, the distrainer shall deliver to the said officer the fee for the service of a notice upon the defaulter as hereinafter provided.

Immediately on receipt, of the application, the said officer shall send a copy of it to the Collector of the District or Assistant Collector;

and shall serve a notice in the form (C) contained in the first schedule hereto annexed, or to the like effect, on the person whose property has been distrained, requiring him either to pay the amount demanded, or to institute a suit to contest the demand before the Collector of the District, or Assistant Collector, within the period of fifteen days from the receipt of the notice.

He shall at the same time send to the Collector of the District or Assistant Collector, for the purpose of being put up in his office and in the office of the tahs ld r, a proclamation, fixing a day for the sale of the distrained property, which shall not be less than twenty days from the date of the application; and shall deliver a copy of the proclamation to the peon charged with the service of the notice, to be put up by him in the place where the distrained property is deposited.

The proclamation shall contain

(a) a description of the property, and shall specify

(b) the demand for which it is to be sold, and

(c) the place where the sale is to be held.

If a suit is instituted before the Collector of the District or Assistant Collector in pursuance of the aforesaid notice, the Collector of the District or Assistant Collector shall send to the officer referred to in section sixty-seven, or, if so requested, shall deliver to the owner of the distrained property, a certificate of the institution of such suit;

and on such certificate being received by, or presented to, the said officer, he shall suspend the sale.

A person whose property has been distrained in manner hereinbefore provided, may immediately after the distress, and before the issue of notice of sale, institute a suit to contest the demand of the distrainer.

When such suit is instituted, the Collector of the District or Assistant Collector shall proceed in the manner prescribed in the last preceding section.

If, thereafter, application for the sale of the property is made to the said officer, he shall send a copy of the application to the Collector of the District or Assistant Collector, and suspend further proceedings, pending the decision of the case.

The person whose property has been distrained may, at the time of instituting any such suit as aforesaid, or at any subsequent period, execute a bond with a surety, binding himself to pay whatever sum may be adjudged to be due from him, with interest and costs of suit;

and when such bond is executed, the Collector of the District or Assistant Collector shall give to the owner of the property a certificate to that effect, and, if so requested, shall serve the distrainer with notice of the same;

and upon such certificate being presented to the distrainer by the owner of the property, or served on him by order of the Collector of the District or Assistant Collector, the property shall be released from distress.

If the institution of a suit to contest the demand of the distrainer has not been certified, in manner hereinbefore provided, to the said officer, on or before the day fixed in the proclamation of sale, he shall, unless the said demand, with such costs of the distress as are allowed by him, be discharged in full, proceed, in manner hereinafter mentioned, to sell the property or such part of it as may be necessary to satisfy the demand with the costs of distress and sale.

The sale shall be held at the place where the distrained property is, or at the nearest place of public resort, if the said officer is of opinion that it is likely to sell there to better advantage.

Manner of sale. The property shall be sold by public auction, in one or more lots, as the officer holding the sale may think advisable;

Withdrawal of distress when demand and costs satisfied. and if the demand, with the costs of distress and sale, be satisfied by the sale of a portion of the property, the distress shall be immediately withdrawn with respect to the remainder.

If, on the property being put up for sale, a fair price (in the estimation of the officer holding the sale) be not offered for it, and if the owner of the property, or some person authorized to act on his behalf, apply to have the sale postponed until the next day, or, if a market be held at the place of sale, the next market-day, the sale shall be postponed until such day and shall be then completed whatever price may be offered for the property.

The price of every lot shall be paid for in ready money at the time of sale, or as soon thereafter as the officer holding the sale thinks necessary;

Resale on default. and, in default of such payment, the property shall be put up again and sold.

Certificate to purchaser. When the purchase-money has been paid in full, the officer holding the sale shall give the purchaser a certificate, describing the property purchased by him and the price paid.

From the proceeds of every sale of distrained property under this Act, the officer holding the sale shall make a deduction at the rate of one anna in the rupee on account of the costs of the sale, and shall send the amount so deducted to the Collector of the District or Assistant Collector.

Payment of distrainer's expenses. He shall then pay to the distrainer the expenses incurred by the distrainer on account of the distress, and of the issue of the notice and proclamation of sale prescribed in section sixty-nine, to such amount as, after examining the statement of expenses furnished by the distrainer, he thinks proper to allow.

Discharge of arrear with interest. The remainder shall be applied to the discharge of the arrear for which the distress was made, with interest thereon up to the day of sale;

Surplus. and the surplus (if any) shall be delivered to the person whose property has been sold.

Officers holding, sales of property under this Act, and all persons employed by or subordinate to such officers, are prohibited from purchasing, either directly or indirectly, any property sold by such officers.

Officers holding sales under this chapter are required to bring to the notice of the Collector, of the District or Assistant Collector any material irregularities committed by distrainers under colour of this Act;

Postponement of sale, and report to Collector when owner has not received due notice. Order of Collector. and if, in any case, on proceeding to hold any such sale, the officer holding it find that the owner of the property has not received due notice of the distress and intended sale, he shall postpone the sale and report the case to the Collector of the District or Assistant Collector, who shall thereupon direct the issue of another notice and proclamation of sale under section sixty-nine, or pass such other order as he thinks fit.

When an officer goes to any place for the purpose of holding a sale under this Act, and no sale takes place, either for the reason stated in section seventy-nine, or because the demand of the distrainer has been previously satisfied, no intimation of such satisfaction having been given by the distrainer to such officer, the charge of one anna in the rupee on account of expenses shall be leviable, and shall be calculated on the estimated value of the distrained property.

Recovery from owner. If the distrainer's demand be not satisfied until the day fixed for the sale, the charge for expenses shall be paid by the owner of the property, and may be recovered by the sale of such portion thereof as may be necessary.

Recovery from distrainer. In every other case it shall be paid by the distrainer, and may be recovered by attachment and sale of his property under the warrant of the Collector of the District or Assistant Collector:

Limit to charge. Provided that in no case shall a larger amount than ten rupees be recoverable under this section.

When a suit has been instituted to contest the demand of a distrainer, and the distrained property has not been released on security, if the demand or any portion of it is adjudged to be due, the Collector of the District or Assistant Collector shall issue an order to the officer authorizing the sale of such property;

Second proclamation of sale. and, on the application of the distrainer within five days from the receipt of such order by the officer, such officer shall publish a second proclamation in the manner prescribed in section sixty-nine, fixing another day for the sale of the distrained property, which shall not be less than five nor more than ten days from the date of the proclamation;

Sale on failure to pay debt and costs. and, unless the amount adjudged to be due with the costs of distress be paid, shall proceed to sell the property in the manner hereinbefore provided.

a. In all suits instituted to contest the distrainer's demand, he shall be required to prove the arrear in the same manner as if he had himself brought a suit for the amount under the provisions hereinafter contained.

Recovery of amount decreed in favour of distrainer. b. If the demand or any part thereof is found to be due, the Collector of the District or Assistant Collector shall make a decree for the amount in favour of the distrainer, and such amount may be recovered by sale of the property, as provided in the last preceding section, if the distress has not been withdrawn;

and, if any balance remain due after such sale, by execution of the decree against the person and any other property of the defaulter,

or if the property have been released on security, by execution of the decree against the person and property of the defaulter and of his surety.

c. Compensation in case of vexatious distress. If the distress is adjudged to be vexatious or groundless, the Collector of the District or Assistant Collector, besides directing the release of the distrained property, may award such compensation to the plaintiff as the circumstances of the case require.

a. If any person claim as his own, property which has been distrained for arrears of rent alleged to be due from any other person, the claimant may institute a suit against the distrainer and such other person, a to try the right to the property, in the same manner and under the same conditions as to the time of instituting the suit and to the consequent postponement of sale, as a person whose property has been distrained for an arrear of rent alleged to be due from him, may institute a suit to contest the demand.

b. Release of property on security being given. When any such suit is instituted, the property may be released upon security being given for the value of the same.

c. Order of Collector when claim dismissed. If the claim is dismissed, the Collector of the District or Assistant Collector shall make an order for the sale of the property, or for the recovery of the value thereof, as the case may be, for the benefit of the distrainer.

d. Decree for release and compensation when claim upheld. If the claim is upheld, the Collector of the District or Assistant Collector shall decree the release of the distrained property with costs, and such compensation (if any) as the circumstances of the case require:

e. Saving of prior claim of person entitled to rent of land. Provided that no claim to any produce of land liable to distress under this Act, which at the time of the distress may have been found in the possession of a defaulting cultivator, shall bar the prior claim of the person entitled to the rent of the land, nor shall any attachment in execution of a judgment of any Civil Court prevail against such prior claim.

If, in any case in which property has been distrained for an arrear of rent, and a suit has been instituted to contest the demand, the right to distrain for such arrears is claimed by or on behalf of any person other than the distrainer, on the ground of such other person being actually and in good faith in the receipt and enjoyment of the rent of the land, such other person shall be made a party to the suit, and the question, of the actual receipt and enjoyment of the rent by him before and, up to the time of the commencement of the suit shall be enquired into, and in deciding the suit the result of such inquiry shall be taken into consideration:

Saving of right to sue in Civil Court. Provided that the decision of the Collector of the District or Assistant Collector shall not affect the right of any person who may have a legal title to the rent of the land, to establish his title by suit in the Civil Court if instituted within one year from the date of the decision.

If any person whose property has been distrained for the recovery of a demand not justly due, or of a demand due or alleged to be due from some other person, is prevented by any sufficient cause from bringing a suit to contest the demand or to try the right to the property, as the case may be, within the period allowed by section ninety-four, and his property is in consequence brought to sale, he may, nevertheless, institute a suit under this Act to recover compensation for the illegal distress and sale of his property.

If any person empowered to distrain property, or employed for the purpose under a written authority by a person so empowered, distrain or sell, or cause to be sold, any property for the recovery of an arrear of rent alleged to be due, otherwise than according to the provisions of this Act,

or if any distrained property is lost, damaged, or destroyed by reason of the distrainer not having taken proper precautions for the due keeping and preservation thereof,

or if the distress is not immediately withdrawn when it is required to be withdrawn by any provision of this Act,

the owner of the property may institute a suit under this Act to recover compensation for any injury which he has thereby sustained through any act or omission mentioned in the former part of this section.

If any person not empowered to distrain property under section fifty-six, fifty-seven or fifty-nine, nor employed for the purpose under a written authority by a person so empowered, fraudulently distrains or sells, or causes to be sold, any property under colour of this Act, the owner of the property so distrained or sold may institute a suit under this Act to recover compensation from such person for any injury which the plaintiff has sustained from the distress or sale,

Penalty in addition to damages. and the defendant shall be held to have committed criminal trespass, and shall be subject to the penalties provided for that offence by the Indian Penal Code in addition to any damages which may be awarded against him in such suit.

Provided that every suit instituted under any of the three last preceding sections shall be commenced within the period allowed by section ninety-four.

a. If any person resists a distress of property duly made under this Act, or forcibly or clandestinely removes any distrained property, the Collector of the District or Assistant Collector in charge of the Sub-division, upon complaint being made within fifteen days from the date of such resistance or removal, shall cause the person accused to, be arrested and brought with all convenient speed, before the Collector or Assistant Collector, who shall, if possible, proceed forthwith to try the case.

b. If the case cannot be, at once heard, the Collector of the District or Assistant Collector may, if he think fit, require the party arrested to give security for his person, and, in default of such security, may commit him to the civil jail until the case is tried,

and if the offence be proved and the offender be the owner of the property concerned, the Collector of the District or Assistant Collector may order him to be imprisoned in the civil jail for a term not exceeding six months, unless the whole arrear due to the distrainer, with all expenses and costs, is previously to the expiration of such term paid or levied under warrant of the Collector of the District or Assistant Collector, by distress and sale of the property of the offender.

c. If the offender be not the owner of the, property concerned, he shall make good to the distrainer the value of the same, and shall further be liable to a fine not exceeding one hundred rupees, or in default of payment thereof, to imprisonment in the civil jail for a period not exceeding two months.

All proceedings of officers distraining, or assisting distrainers, or holding sales, under this chapter, shall be subject to the revision and orders of the Collector of the District or Assistant Collector in charge of a Sub-division of the District.

PROCESS

a. Every process issued by a Collector of a District or Assistant Collector under this Act shall be under his seal and signature, and shall be served or executed by the N zir, or by such other officer as the Collector of the District or the Assistant Collector may direct, at the cost of the party at whose instance it is issued.

Deposit before issue. b. The amount of such cost, and, in the case of summons to a witness, the sum required for his travelling expenses, shall be deposited in Court before the process is issued:

Power to direct service gratis. c. Provided that, if in any case the Collector of the District or the Assistant Collector is satisfied that a party is unable to pay the cost of any necessary process, he may direct such process to be served free of charge.

Any resistance or opposition to the lawful process of a Collector of the District or Assistant Collector under this Act, may be punished by him according to the provisions of the law for the time being in force for the punishment of resistance or opposition to the processes of the Courts of civil justice.

Power to issue summons and warrant. When, in any such case, the offender is not present, the Collector of the District or Assistant Collector may summon him to answer to the charge: and if after due service of the summons he fail to attend, may issue a warrant for his apprehension.

JURISDICTION OR COURTS

Except in the way of appeal as hereinafter provided, no Courts other than Courts of Revenue shall take cognizance of any dispute or matter in which any suit of the nature mentioned in this section might be brought, and such suits shall be heard and determined in the said Courts of Revenue in the manner provided in this Act, and not otherwise:

(a) suits for arrears of rent on account of land or on account of any rights of pasturage, forest-rights, fisheries or the like;

(b) suits to eject a tenant for any act or omission detrimental to the land in his occupation or inconsistent with the purpose for which the land was let;

(c) suits to cancel a lease for the breach of any condition binding on the tenant, and which, by law, custom or special agreement, involves the forfeiture of the lease;

(d) suits for the recovery of any over-payment of rent, or for compensation under section forty-eight or forty-nine;

(e) suits for compensation for withholding receipt for rent paid;

(f) suits for contesting the exercise of the powers of distress conferred on landholders and others by this Act, or anything purporting to be done in the exercise of the said power, or for compensation for wrongful acts or omissions of a distrainer;

(g) suits by lambard rs for arrears of Government revenue, payable through them by the co-sharers whom they represent, and for village-expenses and other dues for which the co-sharers may be responsible to the lambard r;

(h) suits by co-sharers for their share of the profits of a mah l, or any part thereof, after payment of the Government revenue and village-expenses, or for a settlement of accounts;

(i) suits by mu f d rs, or assignees of the Government revenue, for arrears of revenue due to them as such;

(j) suits by taluqd rs and other superior proprietors, for arrears of revenue due to them as such.

Suits for arrears of rent or revenue, or for a share of the profits of a mah l, or of village-expenses or other dues, shall not be brought after three years from the day on which the arrears or share became due:

Suits relating to distress shall not be brought after three months from the day on which the right to sue accrued:

All other suits must be brought within one year from the day on which the right to sue accrues, unless otherwise specially provided for in this Act.

The day on which the arrears become due or the day on which the right to sue accrues (as the case may be) shall be excluded in computing the periods of limitation prescribed by this section.

No Courts other than Courts of Revenue shall take cognizance of any dispute or matter on which any application of the nature mentioned in this section might be made: and such applications shall be heard and determined in the said Courts in manner provided under this Act, and not otherwise:

(a) Application to determine the nature and class of a tenant's tenure, under section ten.

(b) Application by a landholder, or his agent, to compel a patw r to produce his accounts relating to land.

(c) Application to resume rent-free grants under section thirty, and to assess to rent land previously held rent-free.

(d) Application from a landholder to eject a tenant, under section thirty-five or section thirty-six.

(e) Applications made by a tenant, under section thirty-nine.

(f) Application from a landholder, under section forty, for assistance to eject a tenant.

(g) Application from a tenant or landholder to determine the value of any standing crop, or ungathered products of the earth, belonging to the tenant and being on the land at the time of his ejectment, under section forty-two.

(h) Application by a landholder to determine rent payable for land used by a tenant for the purpose of tending or gathering in the crop, under section forty-two.

(i) Application by a landholder or tenant for assistance in the division or appraisement of a standing crop, under section forty-three.

(j) Application by a landholder or tenant to determine compensation for improvements of land.

(k) Application by a tenant for leave to deposit rent.

(l) Application for enhancement of rent.

(m) Application for compensation for wrongful dispossession.

(n) Application for the recovery of the occupancy of any land of which a tenant has been wrongfully dispossessed.

(o) Application for abatement of rent.

(p) Application for leases or counterparts, and for the determination of the rates of rent at which such leases or counterparts are to be delivered.

For the purposes of the Court Fees Act, 1870, applications under clauses (c), (l), (m), (n), (o) and (p) of this section shall be deemed to be plaints in suits.

a. All applications under section ninety-five shall be made in the district in which the land, crops or products referred to is or are situate, and may, with the consent of the parties, he referred to arbitration under sections two hundred and twenty to two hundred and thirty-one (both inclusive) of the North-Western Provinces Land-Revenue Act, 1873.

b. All orders passed on applications under section ninety-five shall be proved in the same manner, and when proved shall have the same effect, as if they were judgments of the Civil Courts.

c. In cases wherein a specific sum of money is adjudged to be due, or any costs or damages are awarded, all such orders may be executed by any process in use for the recovery of an arrear of revenue or rent.

d. In cases wherein possession of immoveable property is adjudged, the officer making the award may deliver over possession in the same manner, and with the same power, in regard to contempts, resistance and the like, as may be lawfully exercised by the Civil Courts in execution of their own decrees.

e. Applications under heads (m) and (n) of section ninety-five shall not be brought after six months from the date of the wrongful dispossession.

The Local Government may invest any officer with the powers of an Assistant Collector of the first or second class under this Act, and may at any time withdraw such powers.

Assistant Collectors of either class shall have, as such, power to try suits and applications of the following descriptions:

(a) suits for arrears of rent on account of land or on account of any rights of pasturage, forest-rights, fisheries or the like;

(b) suits for compensation for withholding receipts for rent paid, under section forty-eight;

(c) suits to contest the exercise of the powers of distress conferred on landholders and others by this Act, or anything purporting to be done in exercise of the said powers, or for compensation for wrongful acts or omissions of a distrainer;

(d) suits by lambard rs for arrears of Government revenue, payable through them by the co-sharers whom they represent, and for village-expenses and Other dues, for which the co-sharers may be responsible to the lambard r;

(e) suits by mu f d rs or assignees of the Government revenue, for arrears of revenue due to them as such;

(f) suits by taluqd rs or other superior proprietors for arrears of revenue due to them as such;

(g) applications by a landholder, or by an agent employed by a landholder, to compel the production of accounts by patw r s;

(h) applications by a tenant or landholder to determine the value of any standing crops or ungathered products of the earth, and being on the land at the time of his ejectment, under section forty-two;

(i) applications by a landholder to determine the amount of rent payable by a tenant using land for the purpose of tending or gathering in crops, under section forty-two;

(j) applications by a landholder or a tenant for assistance in the division or appraisement of standing crops, under section forty-three;

(k) applications by tenants for leave to deposit rent.

Assistant Collectors of the first class, in addition to the suits and applications specified in section ninety-eight, shall have power to try suits and applications of the following descriptions:

(a) suits to eject a tenant for any act or omission detrimental to the land in his occupation, or inconsistent with the purpose for which the land was let;

(b) suits to cancel a lease for any breach of any condition binding on the tenant;

(c) suits for the recovery of any over-payment of rent or for compensation, under section forty-eight or section forty-nine;

(d) suits by co-sharers for their shares of the profits of a mah l or any part thereof, after payment of the Government revenue and village-expenses, or for a settlement of accounts;

(e) applications by a landholder to eject a tenant, under section thirty-five or section thirty-six;

(f) applications under section thirty-nine by a tenant contesting notice of ejectment;

(g) applications by a landholder under section forty, for assistance to eject a tenant, on whom notice of ejectment has been served;

(h) applications for compensation for wrongful dispossession;

(i) applications by a landholder or tenant to determine the amount to be paid as compensation for improvements;

(j) applications to recover the occupancy of any land from which a tenant has been wrongfully dispossessed by the landholder.

In addition to the powers specified in sections ninety-eight and ninety-nine, an Assistant Collector of the first class specially empowered by Government in this behalf, shall have power to try the following applications:

(a) applications for enhancement of rent;

(b) applications for abatement of rent;

(c) applications under section thirty for the resumption of rent-free grants, or for the assessment to rent of land hitherto held rent-free;

(d) applications for leases or counterparts, and the determination of the rates of rent at which such leases or counterparts are to be delivered;

(e) applications to determine the nature or class of a tenant's tenure.

The Collector of the District, or any Assistant Collector in charge of a sub-division of a district, may make over any case, or class of cases, for inquiry and decision, from his own file, to any of his subordinates competent to deal with such case or class of cases under the provisions of this Act.

Collectors of Districts, and Assistant Collectors in charge of sub-divisions of districts, may, respectively, withdraw any case or class of cases from any officers subordinate to them, and may deal with such case or class of cases themselves, or refer it for disposal to any other such Revenue Officer competent to deal with the same under the provisions of this Act.

The Collector of the District may exercise

(a) all powers given by this Act to Collectors of Districts,

(b) all powers which by this Act are conferred, or can he conferred, on Assistant Collectors.

Investment of officer in charge of sub-division with powers of Collector of District. The Local Government may invest any officer in charge of a sub-division of a district with all or any of the powers conferred by this Act on a Collector of a District.

Mode of conferring powers. In conferring powers under this Act, the Local Government may empower persons specially by name, or classes of officials generally by their official titles.

PROCEDURE IN SUITS UP TO JUDGMENT

Suits Under this Act shall be instituted in the district in which the subject of the suit, or some part thereof, is situate,

Plaint. and all such suits shall be commenced by presenting to the Court a plaint, which shall contain

(a) the name, description and place of abode of the plaintiff;

(b) the name, description and place of abode of the defendant, so far as they can he ascertained;

(c) the subject-matter of the claim, and its amount or value computed according to the Court Fees Act, 1870; and

(d) the date oil which the right to sue accrued.

For the purpose of suing or being sued Under this Act, the managers, of mah ls, whether held under the Court of Wards or under direct management, shall be deemed to be landholders.

No co-sharer in an undivided property shall in that character he entitled separately to sue a tenant under this Act, unless he is authorized to receive from such tenant the whole of the rent payable by such tenant.

The plaint shall be presented by the plaintiff, or by an agent duly authorized on his behalf, who has personal knowledge of the facts of the case, or by an agent accompanied by a person who has such knowledge.

Verification of plaint. The plaint shall be subscribed and verified at the loot by the plaintiff or his agent in the manner following, or to the like effect:

I, A.B., the plaintiff named in the above plaint, do declare that what is stated therein is true to the best of my knowledge and belief.

False averment. If the plaint contains any averment which the person making the verification knows or believes to be false, or does not know or believe to be true, he shall be punishable according to the law for the punishment of giving or fabricating false evidence.

If the plaintiff rely in support of his claim on any document in his possession, he shall deliver the same to the Court at the time of presenting his plaint.

Admission afterwards. Unless such document be so delivered, of its non-production be sufficiently excused, or unless the Court see fit to extend the time for producing the same, it shall not afterwards be admitted.

If the plaintiff require the production of any document in the possession or power of the defendant, he may, at the time of presenting his plaint, deliver to the Court a description of the document, in order that the defendant may he required to produce the same.

If the suit be for the recovery of an arrear of rent or revenue, or of a share of profits or village-expenses, or other dues under section ninety-three, the plaint shall specify the name of the village and, estate, and of the pargana of other local division in which the land is situate:

and, if the suit he for an arrear of rent alleged to be due from any tenant, the plaint shall also specify the quantity of land, and (where fields have been numbered in a Government survey) the number of each field, and yearly rent of the land; the amount (if any) received on account of the year for which the claim is made; and in all cases coming under this section the plaint shall specify the amount in arrear, and the time in respect of which it is alleged to be due.

If the suit be for the ejectment of a tenant from any land, the plaint shall describe (as circumstances may require) the extent, situation and designation of the land; and, if necessary for its identification, shall set forth its boundaries.

If the plaint do not contain the several particulars hereinbefore required to be specified therein, or be not subscribed and verified as hereinbefore required, the Court may, at its discretion, return it to the plaintiff, or allow it to be amended.

If the plaint be in proper form, the Court, except as otherwise hereinafter specially provided, shall direct the issue of a summons to the defendant,

Order for personal attendance or appearance by agent. and if the plaintiff require the personal attendance of the defendant, and satisfy the Court that such attendance is necessary, or the Court of its own accord require such attendance, the summons shall contain an order for the defendant to appear personally on a day to be specified in the summons.

If the plaintiff or the Court does not require the personal attendance of the defendant, the summons shall order the defendant to appear either personally or by an agent duly authorized on his behalf, who has personal knowledge of the subject, or is accompanied by a person who has such personal knowledge.

The day to be specified in the summons shall be fixed with reference to the state of the file and the distance that the defendant may be or be supposed to be at the time from the place where the Court is held,

Order to produce documents. and the summons shall order the defendant to produce any document in his possession or power of which the plaintiff demands inspection, or upon which the defendant relies in support of his defence.

Order to bring witnesses. It shall also direct him to bring with him his witnesses, if they are willing to attend without issue of process,

Form of summons. and it shall be in the form (D) contained in the first schedule hereto annexed, or to the like effect.

The summons shall be served by delivering a copy thereof to the defendant personally when practicable;

or, if the copy cannot be delivered to the defendant personally, by affixing copy of the summons to some conspicuous part of his usual residence, and also affixing a copy of the same in the Court.

If the summons be served by delivering a copy to the defendant personally, the N zir shall endorse on the summons the fact of such service.

If personal service be not effected, the N zir shall endorse on the summons the reason of not serving it personally, and how it has been served.

If the usual residence of the defendant he in another district, the summons, together with the cost of the service thereof, shall be sent by the public post to the Collector of such district, who shall issue the summons, and return the same, after service, with the prescribed endorsement, to the officer by whom it was transmitted to him.

The amount of the cost of serving the summons,

or, if a warrant be issued as provided in the next following section, of serving the warrant,

shall in all cases be deposited in Court by the plaintiff within such time before the issue of such summons or warrant as is fixed by the Court issuing the process.

Effect of failure to deposit. If the said amount he not so deposited (except where the Court in exercise of the discretion reserved to it in section ninety-one allows the summons to be served gratis), the case shall be struck off the file of suits;

but in such case the plaintiff may present another plaint at any time within the period allowed by the rules herein contained for the limitation of suits.

a. If in any suit against a tenant for the recovery of an arrear of rent, or in any suit for the recovery of an arrear of revenue, or a share of profits or village-expenses or other dues, the plaintiff desires a warrant of arrest to be issued against the defendant, such defendant being resident within the district in which the suit is instituted, the plaintiff shall present, with his plaint, an application for the issue of such warrant.

b. When such application is presented, the Court shall examine the plaintiff or his agent, according to the law for the time being in force in relation to the examination of witnesses, and inspect the documents adduced by him in support of his claim; and if prim facie it appear to the Court that the claim is well founded, and that, if a summons he issued, the defendant will abscond instead of appearing to answer the claim, the Court may issue a warrant for his arrest.

c. The Court shall fix a reasonable time for the return of the warrant, and the officer entrusted with the service thereof shall, at the time of arresting the defendant, deliver to him a notice addressed to the defendant containing the particulars of the claim, and requiring the defendant, if he contest the claim, to bring with him any document upon which he relies in support of his defence.

d. Every warrant issued, and notice delivered under this section, shall be respectively in the forms (E) and (F) in the first schedule hereto annexed, or to the like effect.

If a defendant be arrested under the warrant of arrest, he shall be brought with all convenient speed before the Court.

When a defendant is brought before the Court under warrant, the Court shall with all convenient speed proceed to try the case in the manner hereinafter provided,

and if the suit cannot he at once adjudicated, the Court may, if it think fit, require the defendant to give security for his appearance whenever the same may he required at any time whilst the suit is pending, or until execution of the final decree which may be passed thereon,

and may commit him to the civil jail to be there detained until he furnishes such security or deposits such sum as the Court orders.

Form of security-bond. The security-bond shall be in the form (G) contained in the first schedule hereto annexed, or to the like effect.

If the defendant cannot he arrested under the warrant, the Court, on the application of the plaintiff, shall either postpone the case for such period as to it seems proper, in order that the plaintiff may apply within the said period for another warrant to be issued for the arrest of the defendant, or shall forthwith issue a proclamation, to be affixed in its own office and at the residence of the defendant, appointing a day for the hearing of the case, which shall not be less than ten days from the date of the publication of the notice, at the residence of the defendant.

If the defendant appear in pursuance of the proclamation, he shall be dealt with as provided in the last preceding section.

If it appear to the Court that the arrest of the defendant was applied for without reasonable cause, the Court may, in its decree, award to him such sum not exceeding one hundred rupees as it may deem a reasonable compensation for any injury or loss which he has sustained by reason of such arrest, or of his detention in jail during the pendency of the suit.

If on the day fixed by the summons or proclamation for the appearance of the defendant, or on any subsequent day to which the hearing of the case may he adjourned prior to the recording of an issue for trial as hereinafter provided, neither of the parties appear in person or by an agent, the case may be struck off, with liberty to the plaintiff to bring a fresh suit, unless precluded by the rules herein contained for the limitation of suits.

If on any such day the defendant only appear, the Court shall pass judgment against the plaintiff by default, unless the defendant admit the plaintiff's right to the relief which he claims, in which case the Court shall proceed to give judgment for the plaintiff upon such admission without costs:

Proviso. Provided that such judgment, if there he more than one defendant, shall be only against the defendant who makes the admission.

If on any such day the plaintiff only appear, the Court, upon proof that the summons or, proclamation has been duly served according to the provisions of this Act, shall proceed to examine the plaintiff or his agent, and after considering the allegations of the plaintiff, and any documentary or other evidence adduced by him, may either dismiss the case or postpone the hearing of it to a future day for the attendance of any witness the plaintiff may wish to call, or may pass judgment ex-parte against the defendant.

If the defendant appear on any subsequent day to which the hearing of the suit is postponed under the last preceding section, the Court may, upon such conditions, if any, as to costs or otherwise as it thinks proper, allow the defendant to be heard in answer to the suit as if he had appeared on the day fixed for his attendance.

128. No appeal from judgment ex-parte or by default; a. No appeal shall be from a judgment passed ex-parte against a defendant who has not appeared, or from a judgment against a plaintiff by default for non-appearance.

b. But Court may revive suit and alter or rescind judgment. But in all such cases, if the party against whom judgment has been given appears, either in person or by agent, if a plaintiff, within fifteen days from the date of the Court's decree, and, if a defendant, within fifteen days after any process for enforcing the judgment has been executed, or at any earlier period, and shows good and sufficient cause for his previous non-appearance, and satisfies the Court that there has been a failure of justice, the Court may, upon such terms and conditions as to costs or otherwise as it thinks proper, revive the suit and alter or rescind the judgment according to the justice of the case.

c. Adverse party to be summoned. But no judgment shall be reversed or altered without previously summoning the adverse party to appear and he heard in support of it.

When both parties appear in person or by agent on the day named in the summons, or upon any subsequent day to which the hearing of the case may be adjourned, for sufficient reason to be recorded by the Court, the Court shall proceed to examine such of the parties as may he present, and either party or his agent may cross-examine the other party or his agent.

If either of the parties be not bound to attend personally, any agent by whom he appears, or any person accompanying such agent, may be examined and cross-examined in like manner as the party himself would have been if he had attended personally.

At the time of the examination, the defendant may if he think fit, file a written statement in his defence.

The examination of the parties or their agents, or such other persons as aforesaid, shall be according to the law for the time being in force relative to the examination of witnesses in the Civil Courts.

The substance of the examination shall be reduced to writing in the mother-tongue of the presiding officer, and shall be filed with the record.

If either of the parties produce a witness on such day, the presiding officer may take the evidence of such witness.

If the defendant rely on any document in support of his defence, he shall deliver the same into Court at the first hearing of the suit:

and unless such document be so delivered, or its non-production he sufficiently excused, or unless the presiding officer see fit to extend the time for delivering the same, it shall not afterwards be admitted.

If after the examination required by section one hundred and twenty-nine, and also the examination of any witness who may attend to give evidence on behalf of either of the parties, and after a consideration of the documentary evidence adduced, a decree can be properly made without further evidence, the Court shall make its decree accordingly.

If on such examination as aforesaid either party be absent and his agent be unable to answer any material question relating to the case which the Court is of opinion that the party whom he represents ought to answer, and is likely to be able to answer if interrogated in person, the Court may postpone the hearing of the case to a future day, and direct that the party whose agent was unable to answer as aforesaid shall attend in person on such day;

Judgment or order if he fail to appear. and if such party fails to appear in person on the day appointed, the Court may pass judgment as in case of default, or make such other order as it deems proper in the circumstances of the case.

If on such examination as aforesaid it appear that the parties are at issue on any question upon which it is necessary to hear further evidence, the Court shall declare and record such issue, and shall fix a convenient day for the examination of witnesses and the trial of the suit; and the trial shall take place on that day, unless there be sufficient reason for adjourning it, which reason shall be recorded by the Court.

The parties shall produce their witnesses on the day of trial, and if either party require assistance to procure the attendance of a witness on such day, either to give evidence or to produce a document, he shall apply to the Court in sufficient time before the day fixed for the trial, to enable the witness to be summoned to attend on that day; and the Court-shall thereupon issue a summons requiring such witness to attend.

The law and rules for the time being in force relating to the evidence of witnesses, for procuring the attendance in witnesses and the production of documents, and for the examination, remuneration and punishment of witnesses, whether parties to the case or not, in cases before the Civil Courts, shall, except so far as may be inconsistent with the provisions herein contained, apply to suits under this Act.

If on the day fixed for the trial of any issue neither of the parties appear, the case may be struck off, with liberty to the plaintiff to bring a fresh suit, unless precluded by the rules herein contained for the limitation of suits.

Trial of issue ex parte. If on any such day one only of the parties appear, the issue may be tried and determined in the absence of the other party, upon such evidence as may be then before the Court.

When suits Under this Act are instituted or defended by agents employed in the collection of rent or management of land, in the name and on the behalf of the landholders by whom they are so employed, all the provisions of this Act, by which the personal appearance or attendance of parties to a suit is or may be required, shall be applicable to, such agents;

and anything which, by this Act, is required or permitted to be done by a party in person, may he done by any such agent as aforesaid.

Processes served on such agents. Processes Served on any such agent shall be as effectual for all purposes in relation to the suit, as if the same had been served on the landholder an person:

and all the provisions of this Act relative to the service of processes on a party to the suit shall be applicable to the service of processes on such agent.

A female plaintiff or defendant shall not be required to attend in person if she be of a rank or class which, according to the custom and manners of the country, would render it improper for her to appear in public.

143. Parties may employ agents or mukht rs; Any party to a suit may employ an authorized agent or mukht r to conduct the case on his behalf;

Personal attendance when not excused. but the employment of such agent or mukht r shall not excuse the personal attendance of the plaintiff or defendant, in cases where his personal attendance is required by the summons, or any order of the Court;

Fee for agents not chargeable as costs. and no fee for any agent or mukht r shall be charged as part of the costs of suit in any case under this Act, unless the Court certify that, under the circumstances of the case, such fee is proper to be allowed.

The Court may in any case grant time to the plaintiff or defendant to proceed in the prosecution or defence of a suit,

and may also, from time to time, in order to the production of further evidence, or for other sufficient reason to be recorded by the Court, adjourn the hearing of any case, to such day as to it may seem fit.

The presiding officer may, at any stage of a case, cause a local enquiry and report, respecting the matter in dispute to be made by any officer subordinate to him, or by any other officer of Government with the consent of the authority to whom such officer is subordinate, or may himself proceed to the spot and make such local enquiry in person.

Provisions applied to such inquiry. The provisions of the law for the time being in force relative to local inquiries by Am ns Or Commissioners, under orders of the Civil Courts, shall apply to any local inquiry made by any officer under this section,

and, so far as they are applicable, to inquiries, made by the presiding officer of the Court in person.

Record in case of inquiry by Court. In the latter case the presiding officer, after completing the inquiry, shall record such observation as appear to him appropriate, and the observations so recorded shall form part of the proceedings in the suit.

The defendant in any suit under this Act may pay into Court such sum of money as he thinks a full satisfaction for the demand of the plaintiff, together with the costs incurred by the plaintiff up to the time of such payment, and such sums shall be paid to the plaintiff.

Plaintiff chargeable with subsequent costs if he proceed and recover no further sum. If the defendant deposit less than the sum claimed and the plaintiff elect to proceed in the case, and ultimately recover no further sum than has been paid into Court, the plaintiff shall be charged with any costs incurred by the defendant in the suit alter such payment.

No interest shall be allowed to a plaintiff, on any sum paid by the defendant into the Court from the date of such payment, whether such sum he in full of the plaintiff's claim, or fall short thereof.

When in any suit between a landholder and a tenant under this Act, the right to receive the rent of the land or tenure cultivated or held by the tenant is disputed on the ground that some third person has actually and in good faith received and enjoyed such rent before and up to the time when the right to sue accrued, such third person may be made a party to the suit,

and the question of such receipt and enjoyment of the rent by such third person may he enquired into, and the suit shall be decided according to the result of such enquiry:

Saving of right to sue in Civil Court to prove title to rent. Provided that the decision of the Court shall, not affect the right of either party entitled to the rent of such land, to establish his title by suit in the Civil a Court, if instituted within one year from the date of the decision.

Whenever a decree is given for the ejectment of a tenant, or the cancelment of his lease, on account of any act or omission by which the land in his occupation has been damaged, or which is inconsistent with the purpose for which the land has been let, the Court may, if it think fit, allow him to repair such damage within one month from the date of the decree, or order him to pay such compensation, within such time, or make such other order in the case, as the Court thinks fit,

and if such damage be so repaired, or compensation so paid, or order obeyed, the decree shall not be executed.

Every judgment under this chapter shall be pronounced in open Court.

The judgment shall be written in the mother-tongue of the presiding officer, and shall contain the reasons for the same, and shall be dated and signed by the presiding officer at the time it is pronounced:

When it may be in English. Provided that, where his mother-tongue is not English, the judgment may be written in English, if he is able to write a clear and intelligible decision in that language.

Every officer invested with powers under this Act may hold a Court for hearing and determining suits under this Act in any place within the limits of the district to which he is appointed.

Every hearing shall be in open Court, and the parties to the suit or their authorized agents shall have due notice to attend in such place.

PROCEDURE IN EXECUTION OF DECREES IN SUITS

If the decree he for the ejectment of any tenant from land occupied by him, the decree shall be executed by giving the possession or occupancy of the land to the person entitled by the decree thereto.

Magistrate to give it effect in case of opposition. If any opposition is made to the execution of the order for giving such possession or occupancy, by the party against whom the order is made, the Magistrate, on the application of the Collector of the District or Assistant Collector, shall give effect to the same.

If the decree he for the payment of arrears of rent or revenue, or of money, and the defendant has been committed to jail, or appear in Court pursuant to the conditions of any security-bond given under section one hundred and twenty-one, the Collector of the District or Assistant Collector may order that he he detained in, or committed to, the civil jail, unless he immediately pay into Court the amount of the decree with costs, or otherwise comply with the terms of the decree.

If the judgment-debtor has given security for his appearance, and is not present when judgment is pronounced, and the surety fails to deliver him into custody when required so to do, process of execution may be taken out against the surety in the same manner as if a decree for the amount due by the debtor had Been passed against the surety.

a. A writ of execution may be issued against either the person or the property of a judgment-debtor;

but process shall not be issued simultaneously against both person and property.

b. Applications on which it may issue. Such writ may be issued on the oral application of the judgment-creditor, his agent, or mukht r, made at the time the decree is passed, or, thereafter, upon the written application of the judgment-creditor, his agent, or mukht r.

c. From of writ of execution. Writ of execution against the person or moveable property of a debtor shall be in the form (H) or (I) contained in the first schedule hereto annexed, or to the like effect.

Any moveable property, required to be seized under an execution shall, if practicable, be described in a list, to be furnished by the judgment-creditor;

but, if the creditor is unable to furnish such list, he may apply for a general attachment of the debtor's effects, to the amount of the judgment and costs.

In either case, the property to be seized shall be pointed out to the officer entrusted with execution of the process, by the creditor, or his agent:

Articles exempted from attachment. Provided that no implements of husbandry, or cattle actually employed in agriculture, or tools of artisans, shall be attached under this section.

Every writ of execution shall bear date on the day on which it is signed by the Collector of the District or Assistant Collector, and shall continue in force for such, period as he may direct (not being more than sixty days) calculated from such date.

Second and successive writs of execution may be issued by order of the Collector of the District or Assistant Collector on the application of the judgment-creditor, after the expiration of the period fixed for the continuance in force of a previous warrant.

Process of execution shall not be issued a upon any judgment, without previous notice to the party against whom execution is applied for, if, when application for the issue of the process is made, a period of more than one year has elapsed from the date of the judgment, or from the date of the last previous application for execution.

Execution on a judgment shall not issue against the heir or other representative of a deceased party, unless notice to appear and be heard has been previously served on such heir or other representative.

No process of execution shall be issued on a judgment under this Act, after the lapse of three years from the date of such judgment, unless the judgment be for a sum exceeding five hundred rupees;

Regulation of period in such case. in which case the period within which execution may he had shall be regulated by the general rules in force in respect to the period allowed for the execution of decrees of the Civil Court.

If a writ issue for taking any person in execution, the officer charged with the execution of the writ shall bring him with all convenient speed before the Collector of the District or Assistant Collector.

If such person does not then deposit in Court the full amount specified in the writ, or make such arrangement for the payment of the same as is satisfactory to the judgment-creditor,

or satisfy the Collector of the District or Assistant Collector that he has no present means of paying the same amount,

the Collector of the District or Assistant Collector shall send him to the civil jail, there to remain for such time as may he directed by a warrant addressed to the keeper of the jail, unless in the meanwhile he pays the full amount for the payment of which he is liable under the decree:

Limit of imprisonment. Provided that the time for which a debtor may be confined in execution of a decree under this Act, shall not exceed three months when the amount decreed (exclusive of costs) does not exceed fifty rupees,

or six months when such amount does not exceed five hundred rupees,

or two years in any other case.

a. Any person once discharged from jail shall not be imprisoned a second time under the same judgment.

When further liability extinguished. b. If the amount due under the decree does not exceed one hundred rupees, the Collector of the District or Assistant Collector may declare such discharged person absolved from further liability under that decree, and such liability shall thereupon he extinguished.

When not extinguished. c. In other, cases the discharge shall not extinguish the liability of the discharged person under the decree, or exempt any property belonging to such person from attachment in execution of the same.

Every person applying for the issue of a warrant of arrest under section one hundred and nineteen, or suing out process of execution against the person of any judgment-debtor, shall deposit in Court, when the warrant issues, diet-money for thirty days at such rate not exceeding two annas per diem, as the Collector of the District or Assistant Collector may direct, unless for any special reason he directs that deposit be made at a higher rate, which shall not exceed four annas per diem.

Payment of diet-money at the same rate shall be made previously to the commencement of; each succeeding month of the imprisonment, on failure of which the party confined, shall be discharged.

All diet-money spent in providing subsistence for any prisoner shall be added to the costs in the suit,

Refund of executing. and any diet-money not so spent shall be returned to the person who deposited the same.

In executing, a writ of execution against the moveable property of a debtor liable under this Act, the officer charged with the execution of the writ shall prepare a list of the property pointed out by the judgment-creditor, and shall publish a proclamation, specifying the day upon which the sale is intended to be held, together with a copy of the said list, at the intended place of sale and at the residence of the debtor.

A copy of the said proclamation and list shall be sent to the Collector of the District or Assistant Collector, and shall be affixed in his office.

No moveable property taken in execution under this Act shall be sold before the expiration of ten days next after the day on which such property is so taken.

Custody meanwhile. Until such sale the property shall be deposited in some fit place, or it may remain in custody of some fit person approved by the officer executing the writ.

Provisions applied to sale. The provisions of sections seventy-four to seventy-eight (both inclusive) so far as the same are applicable, shall apply to sales under this section.

No irregularity in publishing or conducting a sale of any moveable property under an execution shall vitiate such sale.

Right to sue for compensation. But any person injured by such irregularity may recover compensation for such injury by suit in the Civil Court:

Limitation. provided that suck suit be brought within one year from the date of sale.

In the execution of any decree for the payment of arrears of rent or revenue, in of money under this Act, if satisfaction of the judgment cannot be obtained by execution, against the person or moveable property of the debtor, the judgment-creditor may apply for execution against any immoveable property belonging to such debtor.

If the immoveable property against which execution is applied for be other than a mah l, or share of a mah l, process shall be issued in the same, manner as for the attachment and sale of moveable property: and the provisions of sections one hundred and sixty-eight, one hundred and sixty-nine and one hundred and seventy shah he applicable.

When such property is a mah l, or a share of a mah l, the decree shall be sent for execution to the Collector of the District in which such property is situate,

and if the judgment-debtor satisfies the Collector of the District that there is reasonable ground to believe that the amount of the judgment-debt may he raised by mortgage of the property, or by letting it on lease, or by disposing by private sale of a portion of the property or any other property belonging to the judgment-debtor, the Collector of the District may, on the application of the judgment-debtor, postpone, the sale for such period as the Collector of the Distinct thinks proper to enable the judgment-debtor to raise the amount,

and if the judgment-debtor satisfies his creditor, the execution shall be stayed, and the Collector shall report the fact to the Court by which the decree was made.

If the judgment-debtor obtaining a postponement of the sale fails to satisfy his creditor within the period so fixed, or if the judgment-debtor does not apply for, or applies for but does not obtain, a postponement of the sale, and the Collector of the District considers that the sale of the mah l or share inexpedient, and that satisfaction of the decree may be made by means of a temporary alienation of the property,

the Collector of the District shall cause an accurate rent-roll of the property to be prepared, and ascertain the annual income derivable therefrom.

Power to transfer property to judgment-creditor. If, in the opinion of the Collector of the District, such income is sufficient to pay off the judgment-debt with interest at six per cent per annum, within any period not exceeding fifteen years from the date of the decree, he may transfer the property to the judgment-creditor, or if the judgment-creditor refuse to take it, to some other person,

Power to hold property under management. or he may hold it under his own management, for such period not exceeding fifteen years, as may be sufficient for the recovery of the debt with interest as aforesaid, and on such conditions as to the payment of sack debt and interest as he deems expedient.

Orders passed under this section and section one hundred and seventy-three shall be subject to revision by the Commissioner of the Division and the Board, but shall not be open to appeal to the Civil Court.

If in the opinion of the Collector of the District the recovery of the debt under section one hundred and seventy-four is impossible, or if the sale of the property appear to him advisable on other grounds, he shall report, through the Commissioner of the Division, the case for orders to the Board.

on the receipt of such report, the Board may make, or cause to be made, such further endeavours for the recovery of the debt under the provisions of section one hundred and seventy-four, as to it may seem practicable.

If it appear to the Board that the debt cannot be recovered under section one hundred and seventy-four, or if the sale of the property appear to it advisable on other grounds, it shall order the property to be sold, in which case the sale shall be made under the rules in force for the sale of land for arrears of land revenue, but without prejudice to the incumbrances (if any) to which such property may be subject.

If before the day fixed for any sale of any property under this Act, a third party appear before the Collector of the District or Assistant Collector, and claim a right or interest to or in any of the property, he shall examine such party or his agent, according to the law for the time being in force relative to the examination of witnesses,

Stay of sale. and, if he see sufficient reason for so doing, may stay the sale of such property.

The Collector of the District or Assistant Collector may adjudicate upon such claim, and make such order as he thinks fit between the claimant and the plaintiff and defendant in the original suit.

Rules applied. In trying such claim, the Collector of the District or Assistant Collector shall be guided by the rules contained in this Act, so far as they may be applicable.

If the claimant fail to establish his right to the property taken in execution, the Collector of the District or Assistant Collector may, at the time of disposing of the case, order him to pay to the judgment-creditor the costs of the proceedings on the claim, and also such sum as he thinks sufficient to cover any loss of interest or damage which the judgment-creditor may have sustained by reason of the postponement of the sale of the property.

No appeal shall be from any order passed a under section one hundred and seventy-nine or section one hundred and eighty by the Collector of the District.

Right to sue in Civil Court. b. But the party against whom the same is given may bring a suit in the Civil Court to establish his right at any time within one year from the date of the order:

Proviso. c. Provided that, if the order be for the sale of the property taken in execution, the suit shall not be for the recovery of such property, but shall be for compensation from the judgment-creditor by whom it was brought to sale.

Appeals

In suits under this Act, tried and decided by a Collector of a District or an Assistant Collector of the first class, his judgment shall be final, and not open to revision or appeal, except as provided by section one hundred and eighty-nine.

All decisions of the Assistant Collector of the second class in suits mentioned in section ninety-three shall be appealable to the Collector of the District, whose order thereon shall (subject to the provisions of section one hundred and eighty-nine) be final.

The petition of appeal shall be presented or to the Collector of the District within thirty days from the date of the decree.

The Collector of the District may either dismiss the petition or may fix a day for hearing the appeal, and in that case he shall Cause notice of the same to be served on the respondent in the manner hereinafter prescribed for the service of summons.

If, on the day fixed for hearing the appeal, or any other day to which the hearing may be adjourned, the appellant does not appear in person or by an agent, the appeal may be dismissed for default.

If the appellant appears and the respondent does not appear in person or by an agent, the appeal may be heard ex parte.

If an appeal be dismissed for default of prosecution, the appellant may, within fifteen days from the date of the dismissal, apply to the Collector of the District to re-admit the appeal,

and if it be proved to the satisfaction of the Collector of the District that the appellant was prevented by any sufficient cause from appearing when the appeal was called on for hearing, the Collector of the District may re-admit the appeal.

After hearing the appeal, the Collector of the district shall give judgment in the manner hereinbefore prescribed for giving judgment in original suits.

In suits in which the judgment of the Collector of the District or Assistant Collector is final, as provided in section one hundred and eighty-two, he may, upon the application of either party, if preferred within thirty days from the date of the decision, order the re-hearing of a suit, upon the ground of the discovery of new evidence or matter material to the issue of the case, which the applicant had no knowledge of, or could not produce, at the time of trial.

An appeal shall lie to the District Judge from the decision of the Collector of the District or Assistant Collector of the first class, in all suits mentioned in section ninety-three

in which the amount or value of the subject-matter exceeds one hundred rupees, or

in which the proprietary title to land has been determined between parties making conflicting claims thereto:

Appeal to High Court. Provided that, where the amount or value of the subject-matter of the suits exceeds five thousand rupees, the appeal shall be to the High Court.

The rules for the time being in force in regard to the time within which appeals from the decisions of Civil Courts may be received, and to the manner in which such appeals are heard and determined, and to all proceedings which, may he had in respect of such appeals, shall be applicable to appeals to the District Judge or High Court under this Act.

The decisions of Distinct Judges passed in regular appeal under this. Act, shall be open to special appeal to the High Court, in the same manner, and subject to the same rules, as the decisions of District Judges passed in regular appeal are open to special appeal under the Code of Civil Procedure and the Indian Limitation Act, 1871.

(B). From Orders on Applications or relating to the Execution of Decrees

(1) Assistant Collectors of the Second Class.

An appeal to the Collector of the District shall be from all orders passed under this Act by an Assistant Collector of the second class.

(2) Assistant Collectors of the First Class.

An appeal to the Commissioner of the Division shall lie from all orders passed by an Assistant Collector of the first class,

(a) on applications under section ninety-nine, where the amount or value of the subject-matter exceeds one hundred, rupees,

(b) on applications under section one hundred.

An appeal to the Collector of the District shall lie from all other orders passed, under this Act by an Assistant Collector of the first class, except

(a) orders on applications, mentioned in section ninety-eight;

(b) orders on applications mentioned in section ninety-nine;

(c) orders passed in the course, of a suit and relating to the trial thereof.

The orders of an Assistant Collector of the first class on the following applications shall be final

(a) applications mentioned in section ninety-eight;

(b) applications mentioned in section ninety-nine, where the amount or value of the subject-matter does, not exceed one hundred rupees.

(3) Collector of the District.

An appeal, to the Commissioner of the Division shall be from orders passed by the Collector of the District,

(a) under section ninety-nine, when the amount or value of the subject-matter exceeds one hundred rupees,

(b) under section one hundred.

In all other cases orders, under this Act passed by the Collector of the District shall be final, subject to review by the Commissioner of the Division or the Board.

(4) Commissioner of the Division.

Save as provided by section one hundred and ninety-eight, the orders, of the Commissioner of the Division on appeals shall be final, subject to review by the Board.

An appeal from the decisions of the Commissioner of Division on appeals against orders passed by the Collector of the District or Assistant Collector on the applications mentioned in section one hundred shall lie to the Board, except where the Commissioner of the Division dismisses the appeal.

In such case the provisions of section one hundred and ninety-nine shall apply.

The Board may at any time call for any case which has come before any Commissioner of Division, or any Court subordinate to him, and pass such orders thereon, consistent with this Act, as the Board thinks fit.

No appeal shall be brought to the Collector of the District after the expiration of thirty days, or to the Commissioner of the Division after the expiration of sixty days, or to the Board of Revenue after ninety days, from the date of the order complained of.

Any appeal under this Act may be admitted after the period of limitation prescribed therefor when the appellant satisfies the officer to whom he appeals that he had sufficient cause for not presenting the appeal within such period.

No appeal shall be against an order under this section admitting an appeal.

MISCELLANEOUS

In computing the period of limitation prescribed for any suit under this Act, the day on which the right to sue accrued shall be excluded.

In computing the period of limitation prescribed for any appeal under this Act, the day on which the judgment or order complained of was pronounced, and the time requisite for obtaining a copy of the decree or order appealed against, shall be excluded.

Whenever a Court is closed on the last day of any period provided in this Act for the presentation of any memorandum of appeal, or for the deposit or payment of any money in or into Court, the day on which the Court re-opens shall be deemed to be such last day.

If in any suit instituted, or on any application made, under this Act, it appears to the, presiding officer that any question in issue involving a point of law is more proper for the decision of a Civil Court, such officer, if a Collector of a District, or the Collector of the District on the representation of such officer, may cause a Case to be stated for the opinion of the District Judge, who shall hear the case in such manner as nearly us may be as is prescribed for the hearing of cases by the High Court by sections twenty-four, twenty-five and twenty-six of Act No. XI of 1865.

b. If the District Judge finds that the case is insufficiently stated, he may return it to the Collector of the District for amendment.

c. Subject to any limits of value or time provided by law for cases falling under the Code of Civil Procedure, an appeal shall be from the judgment or the District Judge to the High Court.

d. The District Judge shall return the case with the opinion of the Civil Court to the Collector of the District, and the Revenue Courts shall decide the suit or application in accordance with such opinion.

e. The costs attending such case shall be deal with as costs in the suit or on the application in the Revenue Court.

If in any suit instituted, or on any appeal presented, in a Civil or Revenue Court, the Judge or presiding officer doubts whether he is precluded by this Act from taking cognizance of the suit or appeal, he may refer the matter to the High Court.

b. On any such reference being made, the High Court may order the Judge or presiding officer, either to proceed with the case, or to return the plaint or appeal for presentation in such other Court as it may in its order declare to be competent to take cognizance of the suit or appeal.

c. The order of the High Court on any such reference shall be final, and shall not be questioned by the same parties in the same suit.

In all suits instituted in any Civil or Revenue Court, in which an appeal lies to the District Judge or High Court, an objection that the suit was instituted in the wrong Court shall not be entertained by the appellate Court, unless such objection was taken in the Court of first instance; but the appellate Court shall dispose of the appeal as if the suit had been instituted in the right Court.

If in any such suit, such objection was taken in the Court of first instance, but the appellate Court has before it all the materials necessary for the determination of the suit, it shall dispose of the appeal as if the suit had been instituted in the right Court.

If in any such suit the appellate Court has not before it the materials necessary for the determination of the suit, it shall proceed under the provisions of the Code of Civil Procedure relating to appeals; but if it remands the suit, or frames and refers issues for trial, or requires additional evidence to be taken by the Court of first instance, it may direct its order, either to the Court in which the suit was instituted, or to the Court it may hold competent to entertain the suit, whichever course it may deem most conducive to justice,

and the objection that the order of a subordinate appellate Court has been directed to a Court which was not competent to entertain the suit shall not be taken on special appeal.

In any suit brought by a co-sharer against a lamhard r for a share of the profits, the Court may award to the plaintiff not only a share of the profits actually collected, but also a sum equal to the plaintiff's share in the profits which, through gross negligence or misconduct, the lambard r has omitted to collect,

In any suit brought by a tenant against a landholder to recover possession of a holding, the plaintiff may join as a defendant to the suit any other person in possession of the holding, who may claim title through the landholder.

Landholder's power to implead persons claiming through tenant. In any suit brought by a landholder to eject a tenant, the plaintiff may join as a defendant to the suit any other person in possession of the holding, who may claim title through the tenant.

The Local Government may from time to time make rules consistent with this Act

(a) for the guidance of officers in determining, under sections thirteen, fourteen, fifteen, seventeen, eighteen and twenty, the rent payable by tenants,

(b) for the guidance of officers assessing rent under section thirty,

(c) as to the dates on which instalments of rent shall fall due,

(d) as to the procedure to be followed on all applications under section ninety-five.

All such rules shall be published in the local official Gazette, and shall thereupon have the force of law.

Power of Board to make rules. The Board with the previous sanction of the Local Government, may from time to time make rules consistent with the provisions herein contained, for the guidance of all persons in matters connected with the enforcement of this Act.

When the Local Government has made rule fixing the date on which any instalment of rent shall fall due, no such instalment shall, for the purposes of this Act, he deemed to be in arrear unless it remains unpaid after the date fixed by such rule.

THE FIRST SCHEDULE.

Form A. (See section 51.)

I, A.B., of, solemnly declare that I did personally [or by my agent C.D.], on the day of tender payment to, E.F. of the sum of Rs. as and for the whole amount due from me on account of rent from the month of to the month of both inclusive. I further declare that the said E.F. refused to accept the sum so tendered, and to give a receipt in full for the same, and I declare, that, to the best of my belief, the sum of rupees so tendered, and which I now desire to pay into Court, is the amount I owe the said E.F., and I Hereby apply for leave to pay the same accordingly

Form B. (See section 52.)

To E.F. &c.

With reference to the written declaration of A.B., you are hereby informed that the sum of rupees therein mentioned is now in deposit in this Court, and that the above sum will be paid to you, or to your duly authorised agent, on application.

[This, is to be written copy of the declaration in Form a made by the person paying the money into Court.]

Form C. (See section 69.)

Office of Commissioner for sale of distrained property.

[Name description and address of the owner of the property.]

Whereas the said A.B. has applied to have the distrained property specified below sold for the recovery of alleged to be due to him as arrears of rent, you are hereby required, either to pay the said sum to the said A.B., or to institute a suit before the Collector to contest the demand within fifteen days from the receipt of this notice, failing which the property will be sold.

Dated this day of 187.

FORM D. (See section 114.)

No. (of suit) dated

In the Court of

A.B., plaintiff.

[Name, description and address of plaintiff.]

C.D., Defendant.

[Name, description and address of defendant.]

Whereas the said A.B. has brought a claim against you in this Court for (here specify particulars of claim as given in the plaint), you are hereby required to appear in person in this Court on the day of [if not specially required to appear in person, state, in person, or by an agent who has personal knowledge of the subject or who shall be accompanied by a person who has such knowledge ] to answer the above-named plaintiff, and you will bring with, you (or send by your agent) [here mention any document the production of which may be required by the plaintiff] which the plaintiff desires to inspect) and all documents on which you may intend to rely in support of your defence. You will also bring with you your witnesses, if they are willing to attend without issue of process.

Form E. (See section 119.)

No. (of suit) dated

In the Court of

To the N zir of the Court of the Collector of

Whereas the plaintiff in this suit has obtained an order from the Court for the arrest of the defendant, you are hereby commanded to bring the defendant before the Court on or before, the day of to be dealt with according to law.

Dated this day of 187

Form F. (See section 119.)

In the Court of

A.B., Plaintiff.

[Name, description and address of plaintiff.]

C.D., Defendant.

[Name, description and address of defendant.]

Whereas the said A.B. has brought a claim against you in this Court for (here specify particulars of claim as given in the plaint) and has obtained a warrant for your arrest, you are hereby required, unless you admit the claim, to bring with you to the Court all documents on which you may intend to rely in support of your defence.

Form G. (See section 121.)

Whereas A.B., plaintiff, has instituted a suit in the Court of the Collector of against C.D., defendant, and the said C.D. has been required to give security for his appearance at any time when called on while the suit is pending and until execution of the decree, I, E.F., hereby declare myself surety for the said C.D.'s appearance as aforesaid and in case of his making default in such appearance, I engage to pay any sum for the payment of which the said C.D. may be liable under the decree. If the suit be for the delivery of papers or accounts, specify some sum to be fixed by the Collector.

Form H. (See section 156.)

To the N zir of the Court of the Collector of

Whereas the said C.D. was directed by a decree of this Court, under date the day of 187, to pay to A.B. the sum of and for costs of suit, amounting to, and whereas the said C.D. has omitted to pay the same, you are hereby commanded to apprehend the said C.D., and to bring him with all convenient speed before this Court to be dealt with according to law.

Form I. (See section 156.)

To the N zir of the Court of the Collector of

Whereas C.D. was directed by a decree of this Court under date the day of 187, to pay to A.B. the sum of and for costs of suit, amounting to, and whereas the said C.D. has omitted to pay the same, you are hereby commanded to levy the said sum of, and the sum of for costs of executing this process, by seizure and sale of such moveable property of the said C.D. as (is described in the list annexed, and) [if no list is furnished, these words to be omitted] shall be pointed out to you by the judgment-creditor or his agent and you are hereby ordered to sell such property of the said C.D., on some convenient day, not being less than ten nor more than fifteen days from the day of seizure, unless the amount leviable as aforesaid shall be sooner paid; and you are hereby commanded to certify to me what you shall do by virtue of this warrant.

THE SECOND SCHEDULE

(See section 1.)

I. The province of Kumaon and Garhw l.

II. The Terai Parganas, comprising B zp r, K sh p r, Jasp r, Rudarp r, Gadarp r, Kilp r , Nanak-Mattha and Bilheri.

III. In the Mirzap r District:

(1) The tapp s of Agori Kh s and South Kon in the Pargana of Agori.

(2) The tapp of British Singrauli in the Pargana of Singrauli.

(3) The tapp s of Phulw Dudh and Barh in the Pargana of Bichip r.

(4) The portion lying to the South of the Kaimor Range.

IV. The Family Domains of Mah r j of Benares, comprising the following parganas:

Bhadohi and Kheyra M ngror in the Mirz p r District,

Kasw R j in the Benares District.

V. The tract of country known as Jaunsar B war in the Dehra Dh n District.