(1) This Act may be called the United Provinces Tenancy Act, 1939.
(1) The Agra Tenancy Act, 1926, is hereby repealed except in respect of the areas to which this Act does not apply. (U.P. Ill of 1926 XXIl of 1886)
In this Act, unless there is something repugnant in the subject or context, -
(1) Every agreement,
Save as otherwise provided by the Code of Civil Procedure, 1908, in the case of proceedings governed by that Code, anything which is by the Act required or permitted to be done by a landholder, may be done by an agent of the landholder authorised by him1 in this behalf; and process served on, or notice given to, such agent shall be as effectual for all purposes as if the same had been served on, or give to, the landholder in person; and all the provisions of this Act relating to the services of process on, or the giving of notice to, a party shall be applicable to the service of process on, or the giving of notice to, such agent.
(a) land which immediately before the commencement of this Act was sir under the provisions of the Agra Tenancy Act, 1926, or the Oudh Rent Act, 1886;
For the purposes of the provisos to Section 6 each member of a joint Hindu family shall be deemed to be assessed to so much of the local rate assessed on the property of such family as appertains to his share in such property :
" Sir right " means the right conferred on sir holders by this Act and by the United Provinces Land Revenue Act, 1901, and includes the right to exclusive possession of the sir against co-sharers of the sir holder in the proprietary right, subject to a liability to account for profits. U.P. III of 1901
(1) On the death of a sir-holder sir right shall not devolve except in accordance with the personal law to which the deceased was subject.
A land holder may agree with his tenant to exchange sir which is not let for land which such tenant holds from such landholder and which he has not sublet and on such exchange each party shall have the same rights in the land which he receives in exchange as he had in the land which he gives in exchange.
Land shall cease to be sir, -
(1)If on the death of sir-holder the proprietary right in his sir does not devolve according to the personal law' to which the deceased was subject, every person on whom no such right devolves but on whom no such right would have devolved in accordance with that law, shall become a hereditary tenant of so much of such sir as corresponds with the share in such right as would have devolved on him according to that law.
In Sections 8 and 9, and Sections 11 and 12 the words proprietary rights shall be deemed to include the right of an under-proprietor and of a permanent tenure-holder, and in Section 10 the word tenant includes an under-proprietor and a permanent lessee.
Any person who, at the commencement of this Act, is a tenant of land which ceased to be sir under the provisions of Section 6 shall become a hereditary tenant of his holding.
(1) An Assistant Collector incharge of sub-division may of his own motion and shall, on the application of any joint holder of sir to which the provisions of the third proviso to clause (a) of Section 6 apply, or of any tenant of such sir, demarcate and divide off so much of such sir as was immediately before the commencement of this Act, the sir of those joint sir-holders to whom the provisions of the first proviso to that clause apply, and shall declare that the portion so demarcated and divided off has ceased to be sir from the date of his order and that from that date any tenant of sir is hereditary tenant.
(1) Every person who, at the commencement of this Act, is a tenant of sir-holding from a sir-holder to whom the provision of the first proviso to clause (a) of Section 6 apply shall, at such commencement, become a hereditary tenant of his holding if at such commencement such sir-holder possess fifty acres or more than fifty acres of sir which is not let, and which did not cease to be sir under any of the previous provisions of this Act.
If the sir-holder is a person belonging to one of the clauses to which the provisions of Section 41 apply or if the property of the sir-holder is under the superintendence of the Court of Wards, sir, let to a tenant who was admitted to his tenancy by such person or while such property was under the superintendence of the Court of Wards shall, for the purposes of Section 16, be deemed not to be let and such tenant shall not be a hereditary tenant of his holding.
(1) If a sirholder to whom the provisions of Section 16 apply, possesses joint sir or joint Knudkasht the Assistant Collector, if he considers it necessary to do so may, before demarcating sir under the provision of that section demarcate and divide off so much of such joint sir or joint Knudkasht as appertains to the share of such sir-holder, and the provisions of Section 16 regarding sir or khudkasht, as the case may be, shall apply to the area so divided off.
1" (1) In a suit or proceeding for the ejectment of a tenant of sir, the sir-holder shall, before the first date fixed for recording evidence, furnish to the Court such particulars as the Board may by rule made in this behalf prescribe for ascertaining, -
Every person, who is a tenant of sir at the commencement of this Act and who does not become a hereditary tenant under the provisions of Section 14 or Section 15 or Section 16 or whom is admitted thereafter as a tenant of sir, shall be entitled to retain possession of his holding for a period of five years from the date of the commencement of this Act or of admission, as the case may be.
There shall be, for the purposes of this Act, the following classes of tenants, namely ;
(1) When in Agra any permanent and transferable interest in India in a district or portion of a district which is permanently settled has been held, otherwise than under a terminable lease, by any person intermediate between the landlord and the occupants, from the time of the permanent settlement, at the same rate of rent, such person shall have a right to hold such interest at that rate.
(1) When in Agra any land in a district or portion of a district which is permanently settled has been held by a tenant from the time of the permanent settlement at the same rate of rent, such tenant shall have a right of occupancy at that rate.
(1) In those districts or portions of districts in which a revision of records has taken place since the first day of January, 1875, every entry made in the revision recording a person as a permanent tenure-holder or a fixed-rate tenant, or otherwise shall, in the absence of a judicial decision to the contrary in proceedings instituted before the first day of January, 1902 be as between landlord and tenant conclusive proof that such person was, at the date of such revision, a permanent tenure-holder, or a fixed-rate tenant, or not, as the case may be.
Every tenant in Oudh holding under a special agreement or a judicial decision made or passed before the passing of Oudh Rent Act, 1886, shall be called a tenant holding on special terms, and subject to the terms of such agreement or decree, and save as otherwise expressly provided in this Act, shall have all the rights and be subject to all the liabilities conferred and imposed upon occupancy tenants in Oudh by this Act.
(1) When the landlord of the whole of a mahal or of a specific area in a mahal transfers the whole of his proprietary right in such mahal or area by voluntary alienation otherwise than under the provisions of sub-section (2) of Section 9, or when the whole of such landlord's right in such mahal or area is transferred by foreclosure or sale in execution of a decree or order of a civil or revenue Court, the landlord shall become an exproprietary tenant of his sir and of such portion of his khudkasht as he has cultivated continuously for three years at the date of transfer.
Subject to the provisions of Section 82, no agreement for the relinquishment or having the effect of a relinquishment of exproprietary rights shall be enforceable in any Court whether such agreement was entered into before or after such exproprietary rights accrued.
Every tenant, who is not a fixed rate tenant or an exproprietary tenant and who, at the commencement of this Act, has acquired a right of occupancy under the Agra Tenancy Act, 1926, or any previous enactment relating to Agra, or under the Oudh Rent Act, 1886, shall be called an occupancy tenant, and shall have the rights and be subject to the liabilities conferred and imposed on occupancy tenants by this Act.
Every person belonging to one or another of the following classes shall be a hereditary tenant, and subject to any contract which is not contrary to the provisions of Section 4 shall be entitled to all the rights conferred, and be subject to all the liabilities imposed on hereditary tenants by this Act, namely :
Notwithstanding anything in Section 29, hereditary rights shall not accrue in, -
All tenants other than permanent tenure-holders, fixed-rate tenants, tenants holding on special terms in Oudh, exproprietary tenants, occupancy tenants and hereditary tenants are non-occupancy tenants.
The interest of a permanent tenure-holder and of a fixed-rate tenant is both heritable and transferable.
(1) The interest of a tenant holding on special terms in Oudh, of an exproprietary tenant, of an occupancy tenant, of a hereditary tenant, and of a non-occupancy tenant is heritable, but is not transferable otherwise than in accordance with the provisions of this Act.
When a permanent tenure-holder, a fixed rate tenant, an occupancy or an exproprietary tenant in Oudh or a tenant holding on special terms in Oudh, dies, the interest in his holding shall devolve in accordance with the personal law to which the deceased was subject.
When a male tenant other than a tenant mentioned in Section 34 dies, his interest in his holding shall devolve in accordance with the order of succession given below :
(1) When a female tenant, other than a tenant mentioned in Section 34, who either before or after the commencement of this Act has inherited an interest in a holding as a widow, as a mother, as a step-mother, as a father's mother, or as a daughter dies or abandons such holding, surrenders such holding, or a part of such holding or, in the case of a tenant inheriting as a widow or as a daughter, marries, such holding or such part of such holding shall, notwithstanding anything in Section 45, devolve in accordance with the order of succession laid down in Section 35 on the heir of the last male tenant, other than a tenant who inherited as a father's father under the provisions of that section.
When a female tenant, other than a tenant mentioned in Section 34 or Section 36 dies, her interest in the holding shall devolve in accordance with order of succession given below, -
No person shall be deemed to have an interest in a tenancy to which the provisions of Section 35, Section 36 or Section 37 apply merely by reason of being joint in estate with any person with whom a contract of tenancy has been made or who has succeeded to the interest of a tenant or who has become a tenant by operation of law or otherwise; and except in the case of a co-widow of a co- tenant who dies leaving no heir entitled to succeed under the provisions of this Act, no interest in such tenancy shall pass by survivorship. Where the persons possessing such interest are joint in estate, they shall be deemed for the purposes of succession to be tenants in common.
(1) A tenant, other than a tenant of sir or a sub-tenant, may sub-let the whole or any portion of his holding under such restrictions as are imposed by this Act:
(1) No occupancy tenant in Agra, or exproprietary tenant or hereditary tenant shall sub-let the whole or any portion of his holding for a term exceeding five years, or within three years of any portion of such holding being held by a sub-tenant.
(1) The restrictions imposed by Section 40 on the sub-letting of a holding or portion of a holding shall not apply when the lessor is a female, a minor, a lunatic, an idiot, or a person incapable of cultivating by reason of blindness or physical infirmity, or because he is in the military, naval or air service of the Government.
1[ Omitted.]
When a tenant has sub-let, the successor-in-interest of such tenant shall be bound by the terms of the sub-lease, in so far as they are consistent with the provisions of this Act.
(1) Every transfer, other than a sub-lease, made by a tenant in contravention of the provisions of this Act, and every sub-lease made by a tenant of sir, or by a sub-tenant in contravention of the provisions of sub-section (2) of Section 39, shall be void.
The interest of tenant shall be extinguished, -
Where a tenant acquires or succeeds to the entire proprietary right in his holding or where the holder of the entire proprietary right over a holding inherits or otherwise acquires the holding, the tenancy is extinguished :
(1) Except as otherwise provided in sub-section (3) and sub-section (4), the extinction of the interest of a tenant, other than a permanent tenure-holder or a fixed-rate tenant, shall operate to extinguish the interest, of any tenant holding under him.
When the interest of a sub-tenant is extinguished, he shall vacate his holding but shall have in respect of the removal of standing crops and other products of the earth the same rights as the tenant would have upon ejectment in accordance with the provisions of this Act.
(1) A division of holding shall be accompanied by a distribution of the rent payable in respect of such holding, and shall be effected only, -
A landholder may, in agreement with a tenant, give such tenant land, other than land which is let, in exchange for land included in such tenant's holding, and such tenant shall have the same right in the land so received by him in exchange as he had in the land given in exchange.
(1) Tenants of the same class may agree to exchange land which they hold from the same landlord, under-proprietor, permanent lessee or permanent tenure-holder with his written consent, or which they hold from different landlords, under-proprietors, permanent lessees or permanent tenure-holders with the written consent of all such persons.
Persons who have exchanged land under the provisions of sub-section (2) of Section 9, or of Section 10 or of Section 50 or Section 51 may apply to the Assistant Collector incharge of the sub-division to have the appropriate entry made in the record of rights.
(1) A person who wishes to consolidate the area which he cultivates or to build a house or to obtain land to increase the amenities of his house may apply to the Assistant Collector incharge of the sub-division to exchange the whole or any portion of the land which he cultivates for land cultivated by another person.
1 [ Omitted ]
(1) A tenant not bound by a lease or other agreement for a fixed period to continue to occupy the land in the following year, may, at the end of any agricultural year surrender his holding, by sending a registered notice to his landholder intimating his intention to do so and by giving up possession thereof, whether such holding is or is not sub-let or mortgaged, but he shall not be entitled to surrender a portion only of his holding unless -
Notwithstanding anything in the last preceding section when a decree or order for the enhancement of the rent of any holding is passed, and the tenant thereof within thirty days of the date of such decree or order gives to the landholder a registered notice in writing of his desire to surrender such holding at the date on which such enhancement takes effect, and surrenders such holding accordingly, he shall not be liable for the rent payable for such holding in respect of any period subsequent to such surrender.
Any tenant, instead of or in addition to, himself sending a registered notice to the landholder under Section 82 or Section 83, may, before the expiry of the period prescribed for sending such notice, make an application to the tahsildar who shall thereupon cause the notice to be served on such landholder; the tenant paying the cost of the service.
(1) When any such notice has been received by, or served on a landholder he may institute a suit to have such notice declared invalid and the Court shall thereupon determine the question between the parties.
Subject to the provisions of Section 36 landholder may enter upon, and take possession of a holding or a part of a holding surrendered in accordance with the provisions of the Act.
(1) Subject to the provisions of sub-sections (2) and (3), a tenant, who ceases to cultivate and leaves the neighbourhood, shall not lose his interest in his holding, if he leaves in charge thereof a person responsible for payment of the rent as it falls due and gives written notice to the land- holder of such arrangement.
Subject to the provisions of Section 36, where a tenant is presumed to have abandoned his holding, the landholder shall file a notice in the office of the tahsildar, stating that he wishes to treat the holding as abandoned and is about to enter on it accordingly, and the tahsildar shall cause such notice to be served or to be published in such manner as the Board may by rule direct, and after the expiry of a period of fifteen days from the date of service of such notice or of the publication thereof the landholder may enter upon the holding and let it to another tenant or take it under his own cultivation.
A landholder who enters upon a holding in contravention of the provisions of Section 88 shall be deemed to have ejected the tenant otherwise than in accordance with the provisions of this Act within the meaning of Section 183.
(1) On admission to a holding, the tenant is entitled to receive, front his landholder, a written lease consistent with the provisions of this Act and the landholder, upon delivering or tendering to a tenant such a lease, is entitled to receive from him a counterpart thereof.
A lease for a period exceeding one year or from year to year shall be made by a registered instrument only.
(1) When, under provisions of this Act or the Indian Registration Act, 1908, or any other enactment for the time being in force any lease, counterpart, grant, or agreement is required to be made by registered instrument, and such lease, counterpart, grant or agreement, -
A landholder or his agent may, at all reasonable times enter upon any land comprised in his estate or holding and not occupied by buildings for the purpose of surveying and measuring such land.
(1) A permanent tenureholder, a fixed-rate tenant, an occupancy tenant in Oudh or a tenant holding on special terms in Oudh may make any improvement. (2) An occupancy tenant in Agra, an exproprietary tenant or hereditary tenant may make any improvement, except that he may not make an improvement mentioned in subclause (d) or sub-clause (e) of clause (ii) of sub-section (8) of Section 3, unless there is a local custom entitling him to do so, or he has obtained the written consent of the landholder.
No non-occupancy tenant shall make any improvement unless he has obtained the written consent of his landholder.
No non-occupancy tenant shall make any improvement unless he has obtained the written consent of his landholder.
Nothing in this Chapter shall entitle a tenant or a landholder to make an improvement on, or detrimental to, any land which is not included in the holding to be benefited by such improvement unless he has obtained the written consent of the landlord or of the mortgagee in possession or of the under proprietor or of the permanent lessee, as the case may be, and of the tenant, if any, of such land.
A tenant making an improvement or planting trees, shall in the absence of a written agreement to the contrary, continue to be liable to pay the full rent of the holding.
A tenant may apply to the landholder for his written consent to the making of an improvement mentioned in clause (i) or sub-clause (d) or sub-clause (e) of clause (ii) of sub-section (8) of Section 3, and except in the case of an improvement mentioned in clause (i) of sub-section (8) of Section 3, if the landholder omits or refuses to grant such consent, may apply to the Assistant Collector in-charge of the sub-division for permission to make such improvement.
(1) A landholder may, with the written consent of the tenant, make an improvement on or affecting the holding of a tenant other than a tenant to whom sub-section (1) of Section 65 applies :
(1) The Assistant Collector to whom an application is made under the provisions of Section 70 or Section 71 may, after hearing the parties and making such further inquiry as he thinks fit, grant permission to make the improvement, subject to such restrictions, if any, as he may deem reasonable or may refuse permission :
A tenant who has, with the written consent of the landholder, made an improvement mentioned in clause (i) of sub-section (8) of Section 3, or who has made any other improvement which he is entitled to make shall be entitled to compensation in the following cases :
A tenant, who has made an improvement mentioned in clause (i) of sub-section (8) of Section 3, and who has not obtained the landholder's written consent thereto, shall, -
(1) When under any provision of this Act the Court has to determine the amount of compensation due on account of an improvement, it shall have regard, -
(1) If a tenant has made an improvement on land which is sold in execution of a decree for arrears of rent or from which he is ejected, the purchaser or the landholder, as the case may be, shall become the owner of the work, but the tenant shall be entitled to the benefit of the work, in respect of the land remaining in his possession to the same extent and in the same manner as it has hitherto benefited thereby.
(1) If either the landholder or the tenant desires that the amount expended on an improvement, executed with the permission of the Assistant Collector in-charge of the sub-division under the provisions of Section 72, should be determined, the Assistant Collector in charge of the sub-division shall, on application made to him for the purpose, and after due notice to the other party, determine the amount of the outlay and enter it in a register kept in the prescribed form.
When a Court has assessed the amount of compensation due to a tenant it may, if both, the landholder and the tenant desire that the compensation assessed, instead of being paid wholly in money, shall be made wholly or partly in some other way, proceed to give judgment according to the terms agreed between them.
If a question arises between a tenant and his landholder, -
(1) Any person claiming to be a tenant or a joint tenant may sue the landholder for a declaration that he is a tenant, or for a declaration of his share in such joint tenancy.
The landholder may sue any person claiming to be a tenant of a holding for a declaration of the right of such person.
At any time during the continuance of tenancy either the landholder or the tenant may sue for a declaration as to any of the matters specified in sub-section (2) of Section 55.
A suit may be instituted under the provisions of Section 59, Section 60 or Section 61, in respect of a number of holdings provided that the parties are the same.
When land claimed by a tenant as his holding or as being under his cultivation is also claimed by the landholder as being held by him as his sir or knudkasht either the landholder or the tenant may sue for a declaration of his status.
If, in the course of a suit under the provisions of any of the last five preceding sections, it is proved by affidavit or otherwise, -
(1) A tenant, other than a non-occupancy tenant, may plant trees on his holding. (2) If a tenant plants, or proposes to plant, trees in such a way as to diminish the value of land not included in his holding, any person, whose consent is required under the provisions of Section 68, may apply to the Assistant Collector in-charge of the sub-division for an order prohibiting the planting of trees on certain land or directing the tenant to remove trees already planted thereon, and the Assistant Collector may, after hearing such of the parties as wish to be heard, either grant the application subject to such modification, if any, as he think fit or reject it.
(1) Notwithstanding anything in this Act or any custom or contract to the contrary, scattered trees situated on the holding of a tenant other than a sub-tenant or tenant of sir, otherwise than on the boundary thereof, and existing at the commencement of this Act, shall vest in such tenant, provided that such tenant has been continuously in possession of such holding from the beginning of the agricultural year 1335 Fasli.
No landholder shall take a premium for the admission of a tenant to a holding, and it shall not be a condition of any tenancy that the tenant shall render any service to or do any work for the landholder, whether for wages or not.
(1) Notwithstanding that the cess has been recorded under the provisions of Section 56 or Section 86 of the United Provinces Land Revenue Act, 1901, no cess which is levied in accordance with village custom, other than a payment in kind which forms part of the rent payable for a holding, shall, after such date as may be notified by the State Government in the official Gazette, be recoverable in any Civil or Revenue Court unless such cess is sanctioned under the provisions of sub-section (2).
A tenant on being admitted to the occupation of land is liable to pay such rent as may be agreed upon between him and his landholder.
The rent or rate of rent payable by a tenant shall be presumed to be the rent or rate of rent previously payable by him until it is varied in accordance with the provisions of Section 98.
(1) When no rent has been fixed and any person has been admitted to the occupation of land, or permitted to retain possession of land by anyone having a right to admit or permit him with the intention that a contract of tenancy should thereby be effected, or becomes a hereditary tenant under the provisions of this Act, either he or the person entitled to admit or permit him may, at any time during the period of occupation or within three years after the expiry of such period, due to have rent fixed thereon, and, subject to the law of limitation as to arrears of rent, for a decree for arrears of such rent.
Where a tenant is ejected from a part only of his holding under a decree or order of Court, or, being entitled to surrender a part of his holding, legally surrenders such part, either he or his landholder may, at any time, apply to the Court in which a suit for ejectment would lie for the determination of the rent of the remainder.
(1) Save as provided in Section 126 of this Act and in Section 87 of the United Provinces Land Revenue Act, 1901, when the rent of an exproprietary, an occupancy or hereditary tenant or of a tenant holding on special terms in Oudh has been agreed upon, fixed, commuted, abated or enhanced in accordance with the provisions of this Act, the Agra Tenancy Act, 1926, the Oudh Rent Act, 1886, or the United Provinces Land Revenue Act, 1901, it shall not be liable to enhancement or abatement until or unless :-
If the rent of a non-occupancy tenant, not being a tenant of sir or a sub-tenant, is enhanced under the provisions of this Act, the tenant shall be entitled to hold the land at the enhanced rent for a term of not less than five years from the beginning of the agricultural year in which such enhancement takes effect.
Subject to the provisions of this Act, the rent of a tenant may be fixed, commuted, abated or enhanced only, -
Nothing in this Act shall bar the right of a tenant to abatement of rent under Section 11 of the Northern India Canal and Drainage Act, 1873, or the right of a landholder to enhancement of rent under Section 12 of that Act.
Notwithstanding anything in this Chapter when a local area is under settlement, no suit for determination, commutation, abatement or enhancement of rent shall be maintainable under this Act until the time for making applications to the Settlement Officer, under Section 87 of the United Provinces Land Revenue Act, 1901, has passed.
(1) Subject to the provisions of Section 102, Section 103, Section 111 and Section 126, in a suit in which rent is to be commuted, determined, abated or enhanced, the Court shall calculate the rent, -
(1) In any proceedings for abatement of rent on the ground that the area of the holding has been decreased by diluvion or encroachment or the taking up of land for a public purpose or a work of public utility or under the provision of Section 54, or for enhancement on the ground that the area of the holding has been increased by alluvion, the Court hall determine the rent with reference to the existing rent and the decrease or increase in the area of the holding.
In any district, part of a district or local area for which rent-rates have not been determined, the Court shall decide any question relating the commutation, determination, abatement or enhancement of rent after making a local inspection and considering the rent generally payable by tenants of the same class for land of the same class in the vicinity.
In any district, part of a district or local area for which rent-rates have been determined, the sanctioned rates for the purposes of this Act shall be, -
(1) If the rent-rates referred to in Section 104 do not distinguish between occupancy and non-occupancy or statutory tenants, such rates shall be deemed to be sanctioned rates for both occupancy and hereditary tenants.
Notwithstanding anything to the contrary in the United Provinces Land Revenue Act, 1901, the State Government may, by notification in the Official Gazette, order that rent-rates shall be determined for any specified district or part of a district or local area, whether by revision of the most recent rentrates or otherwise and may appoint an officer having powers, not less than those of an Assistant Collector of the first class, hereinafter called a Rent-rate Officer, to propose rentrates for occupancy and hereditary tenants in accordance with the provisions of this Act and with rules made by the Board.
When rent-rates have been determined under the provisions of this Act for any district, part of a district or local area, they shall not again be determined, until a period of 20 years has elapsed, or the term of settlement of such district, part of a district or local area has expired:
(1) In addition to proposing rentrates according to the provisions of this Act, the rent-rate officer shall, if so empowered by the State Government, decide suits for the determination, commutation, abatement and enhancement of rent in accordance with the provisions of this Act.
(1) If the local area has previously been divided into assessment circles under the United Provinces Land Revenue Act, 1901, the Rent-rate Officer shall propose separate rates for each circle and for each separate class of soil previously demarcated therein, unless by order of the Board the circles or the classification of soils, or both are revised by him. U.-P. Ill of 1901
(1) The rates proposed by the Rent-rate Officer for hereditary tenants shall be such as will result in rents payable without hardship over a series of years by cultivating hereditary tenants with substantial holdings and shall be based on genuine and stable rents paid by such tenants.
The Rent-rate Officer shall not propose rates for other classes of tenants but, - (i) in tracts of unstable and shifting cultivating he may propose modified rates for nonoccupancy tenants;
(1) The Rent-rate Officer shall publish in such manner as may be prescribed the proposals and records made by him under Section 110 and Section 111 and shall receive and consider any objections which may be made to them.
Where rent has heretofore been paid in kind, or based on an estimate or appraisement of the standing crop or on rates varying with the crops sown or partly in one of such ways and partly in another or other of such ways, the landholder or the tenant may use for the commutation of such rent to a fixed money rent, and the Court shall decree the suit unless, in a case in which the landholder is the plaintiff, on a plea by the tenant that the cultivated area or the produce of the holding is exceptionally liable to fluctuation by reason of damage by wild animals, flooding, and the like, it considers that commutation is undesirable, in which case it shall dismiss the suit.
The rent of a tenant, other than a permanent tenure-holder, or a fixed-rate tenant, shall be liable to abatement under this Act on one or more of the following grounds only :-
The rent of a fixed-rate tenant shall be liable to abatement only on one of the grounds mentioned in clause (c) of Section 114.
The rent of an under proprietor, other than an under-proprietor who holds a sub-settlement, and of permanent lessee, other than a permanent lessee of a whole mahal or patti, shall be liable to abatement only on one of the ground mentioned in clause (c) of Section 114, or on some ground specified in the lease, agreement or decree under which he holds.
The rent of a tenant, other than a permanent tenure-holder or a fixed-rate tenant, shall be liable to enhancement under this Act on one or more of the following grounds only ;
The rent of a fixed-rate tenant shall be liable to enhancement only on the ground specified in clause (d) of Section 117.
(1) The rent of a tenant shall not be enhanced by more than one-fourth of his existing rent, subject to the condition that the rent fixed shall in no case be less than three quarters of the rent calculated at the appropriate sanctioned rates.
If a tenant who is sued for enhancement of rent proves that the whole or any portion of the enhancement decreeable is due to an improvement which was made by him within the last thirty years and which he was entitled to make, the Court shall pass a decree only for such enhancement, if any, as it might have decreed if the tenant had made no improvement.
Subject to the provisions of sub-section (4) of Section 126, every decree, compromise or registered agreement for the determination, abatement, enhancement or commutation of rent shall take effect from the commencement of the agricultural year next following that in which the suit was instituted or the agreement was registered, unless, in the case of a decree, the Court for reasons to be recorded, directs, or unless in the case of compromise or a registered agreement, the compromise or agreement provides that it shall take effect from some later date.
(1) A suit for commutation, abatement, or enhancement of rent may be instituted against, or by, any number of exproprietary, occupancy, hereditary or non-occupancy tenants collectively : Provided that all such tenants are tenants of the same land-holder, and all the holdings in respect of which the suit is instituted, are situated in the same mahal and village.
(1) On the occurrence of an agricultural calamity affecting the crops of any mahal or portion of a mahal, the State Government or any authority empowered by it in this behalf may, in accordance with the provisions of the Sixth Schedule, remit or suspend for any period the whole or any portion of the rent of any holding affected by such calamity whether such holding is held immediately from the landlord.
(1) An order passed under Section 123 shall not be questioned in any civil or revenue Court.
When the payment of any sum has been suspended in accordance with the provisions of Section 123, the period during which the suspension continues shall be excluded in the computation of the period of limitation prescribed for a suit for the recovery of such sum.
(1) Notwithstanding anything in this Act or in any other enactment for the time being in force, when the State Government is satisfied that owing to some extraordinary cause there has been a sudden and substantial rise in the price of agricultural produce or that an emergency has arisen within any specified area or areas, it may, with the previous approval of both Houses of Legislature, by notification in the official Gazette, appoint to such area or areas, an officer having powers not less than those of an Assistant Collector of the first class and invest him with all or any of the following powers :-
In this Chapter " tenant " includes an under-proprietor and a permanent lessee.
(1) The produce of ever)' holding in the cultivation of a tenant and the fruit of every tree which stands on such holding and which is the property of such tenant, shall be deemed to be hypothecated for the rent payable in respect of such holding by such tenant and by every person, other than a thekedar, intermediate between such tenant and the landlord: and until the demand for such rent has been satisfied no other claim on such produce of fruit shall be enforced by sale in execution of a decree of a civil or revenue Court, or otherwise.
Any payment made by a tenant from whom rent is due to the landlord to whom it is due shall, in the absence of evidence of a contrary intention on the part of the tenant, be deemed to be a payment on account of rent.
(1) A payment made by a tenant to his landholder, whether in satisfaction of a decree or otherwise, shall not be applied to the discharge of an arrear the recovery of which is barred by the law in force for the time being as to the limitation of suits and applications.
A payment of a money rent may be made by the tenant to the landholder either direct, or by postal money order or by deposit in accordance with the provisions of Section 137:
Where rent is sent by postal money order, in the case of acceptance, the payee's receipt, and in the case of refusal, the endorsement of suchadmissible in evidence without formal proof and shall, until the contrary is proved, presumed to be a correct record of such acceptance or refusal. refusal, on the money order duly stamped by the post- office shall be admissible in evidence without formal proof and shall, until the contrary is proved, presumed to be a correct record of such acceptance or refusal.
(1) Every tenant, lessee or licensee who makes a direct payment on account of rent or sayar shall be entitled to obtain forthwith from the landholder a written receipt for the amount so paid, signed by the landholder or his duly authorised agent.
(1) The receipt and counterfoil shall specify the following particulars, namely, -
The tenant shall, in accordance with rules made by the Board be entitled, on paying a fee of four annas to the landholder, to receive from him, within three months after the end of an agricultural year a statement of account of rent and sayar, specifying such particulars as may, from time to time, be prescribed by the Board either generally or for any particular local area or class of cases.
The State Government shall cause to be printed and kept for sale to landholders at all tahsils books of receipts with counterfoils in the form prescribed by Schedule V, at a rate which the State Government may fix from time to time by notification in the official Gazette and which shall not exceed the cost of production.
(1) A tenant may make an application for permission to deposit, in the Court of tahsildar an instalment or instalments of the unpaid balance of an instalment or instalments of rent in arrears on the date of such application, and if such application complies substantially with the provisions of sub-section (2), the tahsildar shall receive such deposit and grant a receipt therefor, which shall operate as an acquittance for the amount deposited as if such amount had been received by the person entitled to receive it.
(1) if the tahsildar receives the deposit, he shall cause a notice of the receipt of such deposit to be served free of charge on the person or persons specified in the application and on any other person who, he has reason to believe, is entitled to such deposit.
A tenant who issued for a portion of the rent of a holding under the provisions of sub-section (3) of Section 246 may deposit the whole of the rent of such holding in the Court before which the suit is pending and such deposit shall, subject to any orders passed in appeal, be disposed of in accordance with the orders of such Court.
No suit or other proceeding shall be instituted against the Government or against any servant of the Government in respect of anything done regarding a deposit under the provisions of the foregoing sections of this Chapter; but any person considering himself entitled to recover the amount of such deposit may sue to recover the same from a person to whom it has been paid.
(1) When the rent is based on an estimate or appraisement of the standing crop, the tenant shall be entitled to the exclusive possession of the crop.
(1) When the rent is payable by a division of the produce or is based on an estimate or appraisement of the standing crop, -
(1) On receiving such application, the tahsildar shall issue a written notice to the opposite party to attend on the date and at the time and place specified in the notice, and shall depute an officer, by whom such division, estimate or appraisement shall be made.
If rent which is based on an estimate or appraisement of the standing crop or which is payable by a division of the produce is in arrears and no order having the effect of a decree for arrears of rent has been passed under the provisions of sub-section (7) of Section 143, the landholder may bring a suit for the recovery of such arrears. In either case the Court shall determine the rent in accordance with the provisions of Chapter VI.
The rent of a tenant shall be payable in the following instalments and at the following dates :-
Any instalment of rent not paid on or before the day when it falls due becomes an arrear on the date following the day it fell due, and the tenant shall thereupon become liable to pay interest on the arrears at the rate of one anna per rupee per annum simple interest.
No decree for arrears of rent shall be executed by the arrest or detention of a tenant.
Except as otherwise provided by this Act, an arrear of rent shall be recoverable by suit, by notice through the tahsildar in accordance with the provisions of this Act.
A co-tenant, who has paid rent on account of another co-tenant or from whom such rent has been recovered may sue such co-tenant for the amount so paid.
(1) A plaintiff may unite in the suit several claims for arrears of rent against the same tenant, provided, that they are in respect of holdings situated in the same village.
(1) If it appears to a Court passing a decree in a suit for arrears of rent that the area of the holding was so decreased by diluvion or otherwise, or that the produce thereof was so diminished by drought, hail, deposit of sand or other like calamity during the period for which the arrear is claimed that the full amount of rent payable by the tenant for that period cannot be equitably decreed, the Court may, with the sanction of the Collector, allow such remission from the rent payable by the tenant for that period as may appear to it to be just.
Any person to whom any sum is due on account of canal dues under Section 47 of the Northern India Canal and Drainage Act, 1873, may sue for the recovery of such sum.
Arrears of rent due in respect of Government property or in respect of an estate attached under the provisions of Section 150 of the United Provinces Land Revenue Act, 1901, maybe recovered in accordance with Act, 1912, as if they were arrears due in respect of property under the charge of the Court of Wards. h the provisions of Sections 39 to 41 of the United Provinces Court of Wards.
(1) In case of any general refusal to pay rent or any demand on account of canal dues to persons entitled to collect the same in any local area, the State Government may, by notification in the Official Gazette, declare that such rents or demands may be recovered as arrears of land revenue.
In Section 183, Section 185 and Section 186 and in no other sections of this Chapter tenant includes an under proprietor, a permanent tenure-holder and a fixed-rate tenant.
The provisions of this Chapter relating to occupancy tenants shall apply to permanent lessees and to tenants holding under a special agreement or decree in Oudh, except in so far as they are inconsistent with the terms of the lease, agreement or decree under which they hold.
No tenant shall be ejected from his holding otherwise than in accordance with the provisions of this Act.
Subject to the provisions of Sections 159 and 160, when a tenant is ejected from the whole or any portion of his holding in execution of a decree or order of ejectment for arrears of rent, all arrears of rent, whether decreed or not, due in respect of such holding on the date of the delivery of possession shall be deemed to have been paid.
(1) A Court deciding any proceeding by which a tenant is ejected from his holding or part thereof shall assess the amount of compensation due to the tenant on account of any improvement made by him.
(1) If, on the date of the delivery of possession to the landholder there exist on the holding any ungathered crops or any trees which are the property of the tenant, the Court executing the decree shall proceed in the following manner :
(1) Every notice to be issued to a tenant under this Chapter shall be filed by the landholder in duplicate, and shall contain the following particulars:-
No tenant shall be liable to ejectment from his residential house in a village other than a house erected under the provisions of Section 65, merely because he has been ejected from his holding in that village.
(1) A landholder may, between the first day of June and the thirty-first day of August, apply to the tahsildar for the issue of a notice to an exproprietary, an occupancy or a hereditary tenant for the payment of arrears of rent due by him and in default for ejectment from his holding, and the tahsildar shall forthwith issue such notice.
If in a case to which the provisions of sub-section (5) of Section 163 apply, the Court or any Court which passes orders in the suit in appeal, reference or revision finds either that the tenant is not an exproprietary, an occupancy or a hereditary tenant or that no part of the arrear specified in the notice was due by the tenant as arrears of rent on the date on which the application was made under the provisions of sub-section (1) of Section 163, it shall dismiss the suit and cancel with effect from the date of such dismissal the order of the tahsildar passed under the provisions of that section directing the tenant to pay 1 [ in the manner laid down in Section 131 ] the instalments of rent.
(1) If during the currency of an order passed by the tahsildar under the provisions of Section 163, directing the tenant to pay 1 [ in the manner laid down in Section 131 ] the instalments of rent the tenant fails by the thirty-first day of May in any agricultural year so to pay the instalment which fell due in that agricultural year with interest thereon, the tahsildar shall forthwith order in accordance the rules made by the Board that he be ejected from the whole or part of his holding and he shall forthwith be ejected accordingly.
(1) Notwithstanding anything in Section 159, if the tenant appears in accordance with a notice served under the provisions of Section 163, he shall be asked whether he makes any claim for compensation on account of improvements in case an order of ejectment is passed against him and if he makes such claim the tahsildar shall forward the case for decision to the Assistant Collector in charge of the sub-division.
(1) Except as provided in subsection (5) and sub-section (8) of Section 163, no suit for arrears of rent shall lie in respect of an arrear specified in a notice issued under the provisions of Section 163 or in respect of any instalment of rent payable into Court under the provisions of that section.
(1) When a decree for arrears of rent against an exproprietary, occupancy or hereditary tenant has not been completely satisfied within one year from the date of such decree by any mode of execution other than sale of holdings, the land- holder may apply to the Court, which passed the decree, for the issue of a notice to the tenant for payment of the amount outstanding and for his ejectment in case of default and the Court shall thereupon issue such notice.
(1) When the rent of a non-occupancy tenant is in arrears, the landholder may apply to the tahsildar for the issue of a notice to such tenant for payment of the arrears and for his ejectment in case of default, and the tahsildar shall thereupon issue such notice.
(1) When a decree is passed for arrears of rent against a non-occupancy tenant, the landholder may, in addition to any other mode of execution, apply to the Court which passed the decree for the issue of a notice to the tenant for payment of the amount and for Iris ejectment in case of default; and the Court shall thereupon issue such notice.
(1) If a tenant transfers, sub-lets, the whole or any portion of his holding otherwise than in accordance with the provisions of this Act, and the transferee or sub-lessee has entered upon possession in pursuance of such transfer or sub-lease both the tenant and any person who may have thus obtained possession of the whole or any part of the holding shall on the suit of the landholder be liable to ejectment from the area so transferred or sub-let at the date of the institution of the suit :
(1) A tenant shall be liable to ejectment from his holding on the suit of the landholder, -
(1) A decree for ejectment under Section 172 may direct the ejectment of the tenant either from the holding or from such portion thereof as the Court, having regard to all the circumstances of the case, may direct.
Notwithstanding anything in Section 172, a landholder may, in lieu of suing for ejectment, sue, -
Subject to the provisions of Section 19, a nonoccupancy tenant shall also be liable to ejectment on the application of the landholder on any of the following grounds, namely, -
(1) An application for the ejectment of a tenant under the provisions of Section 175 shall be made between the first day of July and the thirtieth day of September and not otherwise, and shall be accompanied by the notice specified in Section 161:
On an application being made in accordance with the provisions of Section 176, a copy of the notice accompanying such application shall, on payment of the prescribed fee be served on the tenant in the manner prescribed in Section 161.
(1) if a tenant to whom a notice is issued under Section 177 appears within thirty days of the service of such notice and admits his liability to ejectment, the Court shall pass an order for his ejectment but he shall not be liable for any cost incurred by the applicant,
(1) If within thirty days of service of`a notice under Section 177, the tenant appears and contests his liability to ejectment, the Court shall forward the proceedings for disposal to the Assistant Collector in charge of the sub-division.
1 [ (1) A person taking or retaining possession of a plot of land without the consent of the person entitled to admit him to occupy such plot and otherwise than in accordance with the provisions of the law for the time being in force, shall be liable to ejectment under this section on the suit of the person so entitled, and also to pay damages which may extend to four times the annual rental value calculated in accordance with the sanctioned rates applicable to hereditary tenant :
(1) Every decree or order for ejectment shall be enforced in accordance with the provisions of the Code of Civil Procedure, 1908, relating to the execution of decree for delivery of immovable property.
(1) Delivery of possession in execution of a decree or order for ejectment of a civil or revenue Court, shall not be made before the first day of April or after the thirtieth day of June in any year :
(1) Any tenant ejected from or prevented from obtaining possession of his holding or any part thereof, otherwise than in accordance with the provisions of the law for the time being in force by :-
When a Court of appeal or revision reverses a decree or order for the ejectment of a tenant, and the tenant is liable to ejectment in accordance with the provisions of this Act within the current agricultural year, the decree or order of the Court of appeal or revision shall not be for possession but subject to the provisions of Sections 73 and 74, for costs only.
When a tenant sues under clause (a) of subsection (1) of Section 183 for possession, he may join, as a defendant, in the suit, every person in possession claiming through the landholder or the person who has ejected him, as the case may be, and if he sues under clause (b) of sub-section (1) of that section, he shall join the landholder or the person claiming as landholder to have the right to eject him, as the case may be, as a defendant in the suit.
The provision of Section 181 shall apply mutatis mutandis to the execution of decree for the reinstatement of a tenant in his holding.
In this Chapter landlord includes an under-proprietor with whom a sub-settlement had been made.
A rent-free grant means a grant of a right to hold land rent-free by a landlord, with or without consideration, not being a grant for the purpose of planting a grove:
A grant of land at a favourable rate of rent means in Oudh a grant of land at a rent less than the aggregate of the revenue local rates payable thereon and in Agra a similar grant made after the commencement of this Act.
A landlord may, in accordance with the provisions of this Chapter, sue to resume possession of land held rent-free or at a favourable rate of rent, for the fixation of rent or revenue on land held rent-free, or for the enhancement of the rent of land held at a favourable rate of rent.
All land held rent-free or at a favourable rate of rent shall be liable to fixation of rent or revenue or to enhancement of rent, as the case may be, unless, -
(1) Subject to the provisions of Section 191 a landlord or a grantee or a tenant of a grantee may sue for a declaration that land held rent-free or at a favourable rate of rent, -
If under the provisions of this Chapter revenue or rent has to be determined, such revenue or rent shall be determined in accordance with the following provisions, namely;
Subject to the provisions of Section 191 and 192, rent may be fixed on all rent-free grants and the rent of all grants held at a favourable rate of rent may be enhanced.
Except in a case in which the grantee becomes a proprietor or an under-proprietor under the provision of Section 192, a grantee may be ejected from his grant in all cases in which rent may be fixed thereon or the rent thereof enhanced if, by the terms of the grant or by local custom, it is held, -
(1) The liability to fixation or enhancement of rent under Section 194 and to ejectment under Section 195 arises, -
If, under the provisions of this Chapter, rent is fixed on a rent-free grant, or the rent of a grant held at a favourable rate of rent is enhanced under the provisions of Section 194, the grantee shall become a hereditary tenant from the date of the decree, fixing or enhancing the rent.
The provisions of Section 65, Section 68, Section 70, Sections 72 to 80, Section 157, Section 159, Section 160, Section 162, Sections 181 to 193 and Sections 185 and 186 shall apply to rent-free grantees and to grantee holding at a favourable rate of rent as they apply to hereditary tenant.
The provisions of Section 69 and of Chapter VII and of clauses (a), (b), (d) and (e) of Section 236 and of Sections 237 to 240 shall apply to tenants, except that the provisions of Section 148 shall apply only in so far as they refer to recovery of an arrear of rent by suit.
The interest of a rent-free grantee or a grantee holding at a favourable rate of rent shall be extinguished -
Suit under this Chapter shall, when the local area in which the land is situated is under settlement, be instituted in the Court of the Settlement Officer or Assistant Settlement Officer, who shall have to hear and dispose of cases under this Chapter.
Appeals from decrees or orders passed under the provisions of Sections 198 and 199 shall be governed by the provisions of Chapter XIV and appeals from other decrees or orders passed under this Chapter shall, notwithstanding anything in Chapter XIV, be governed by the provisions of Chapter X of the United Provinces Land Revenue Act, 1901. [ U.P. Ill of 1901 ]
Nothing in this Chapter shall affect the right of the State Government to assess revenue on any land in accordance with Section 58 or Section 103 of the United Provinces Land Revenue Act, 1901.
In this Chapter the word " landlord " includes under-proprietors, a permanent lessee and a permanent tenure-holder.
A person who has planted a grove, -
Notwithstanding anything in this Act, or any custom or contract to the contrary, -
A grove-holder may make any improvement which a hereditary tenant may make and the provisions of Section 65, Sections 68 to 70, Sections 72 to 97 shall apply to him as if he were a hereditary tenant.
The provisions of Chapter XIV shall apply to orders and decrees passed under this Chapter in respect of appeals, review and revision as if the grove-holder were a tenant.
The form of lease of athekedar is called a " theka ", the person who grants it, the " lessor " and the area to which it relates, the " theka area ".
A theka may be made only by a written instrument executed by the lessor and shall be deemed to be a lease for agricultural purposes within the meaning of Section 117 of the Transfer of Property Act, 1882. [ IV of 1882 ]
(1) Except as otherwise provided by the terms of his theka a thekedar, may exercise, during the period and to the extent of his theka, all the rights of the lessor under this Act, except, -
(1) A lessor may, notwithstanding the theka, make any improvement in, or affecting the theka area which he would otherwise be entitled to make as landholder under the provisions of Section 71.
(1) The interest of a thekedar, -
(1) A thekedar shall be liable to ejectment on one or more of the following grounds, namely, -
(1) When a lessor desires to eject a thekedar on the ground specified in clause (a) of sub-section (1) of Section 214 he shall apply for execution of the decree in accordance with the provisions of Section 170.
In a suit for the ejectment of a thekedar any sub-thekedar may be joined as a party to the suit, and shall be so joined where the suit is on the ground of any act or omission of such sub-thekedar or to which such sub-thekedar was a party.
(1) A thekedar who has been wrongfully ejected from the whole or any part of the theka area, or wrongfully prevented from exercising any of his rights as thekedar, by the lessor or any person claiming under, or as agent of, the lessor may sue for any or all of the following remedies, -
A thekedar may, at any time, with the consent of the lessor surrender his interest in the theka.
The provisions of Sections 73 to 75, Section 79, Sections 90 and 91, Sections 123 to 125, Section 129, sub-sections (1) and (2) of Section 130, Sections 131 to 133, Sections 137 to 140, Sections 146 and 147, Section 149, Section 149, Section 150, Section 154, Section 157, Section 159, Section 181, Sections 236 to 238 and Section 240 shall apply to a thekedar in the same way and to the same extent as they apply to a hereditary tenant and the provisions of Section 148 shall apply to an arrear of rent due by a thekedar only in so far as they refer to the recovery of rent by suit.
The provisions of Sections 245 and 246, governing the exercise by two or more co-sharers of their rights against a common tenant shall be applicable also to the exercise of such rights against a common thekedar.
If a thekedar remains in possession after the expiry of his theka, and the lessor accepts rent from him or otherwise assents to his continuing in possession, the theka shall, in the absence of an agreement to the contrary, be deemed to have been renewed from year to year.
Every suit or application brought by a thekedar against the lessor, or against a thekedar by the lessor, under the provisions of this Chapter, which is of the same nature as any suit or application specified in the Fourth Schedule, which may be brought by a tenant against a landholder or by a landholder against a tenant, shall be deemed to be included in that Schedule under the same serial number as such similar suit or application.
The word " co-sharer " shall, for the purpose of this Chapter include a thekedar who is in possession of the property leased to him.
A lambardar may sue a co-sharer for arrears of revenue or rent payable through such lambardar by such co-sharer and for village expenses and other dues for which such co-sharer may be liable to the lambardar.
A lambardar who has paid arrears of revenue or rent on account of a joint lambardar who defaults may sue such joint lambardar for the amount so paid.
A co-sharer who has paid arrears of revenue or rent on account of a lambardar or another co-sharer who defaults may sue such lambardar or co-sharer for the amount so paid.
A muafidar or assignee of revenue may sue for arrears of revenue due to him as such.
A superior proprietor may sue for arrears of revenue or rent due to him as such.
(1) In the absence of the determination of the date by the Settlement Officer, or of an express agreement among the co-sharers, profits shall be divisible on such dates as the State Government may, by rules made under this Act, prescribe.
(1) A co-sharer may sue the lambardar for settlement of accounts and for his share of the profits of a mahal or of any part thereof.
(1) A cosharer may sue another co-sharer for a settlement of accounts and for his share of the profits of a mahal or of any part thereof.
If, in a suit under the provisions of Section 230 or Section 231 it is claimed that either party has made collections, such party shall be bound to produce his accounts including the books of the counterfoils of receipts issued by him, and if he does not do so, the court may make such presumption against him and pass such orders as to costs as it thinks fit.
(1) In a suit for settlement of accounts under section 230 or section 231 the collections made by a co-sharer shall, in the absence of any custom or contract to the contrary, be treated as having been made on behalf of all the co-sharers.
In any suit under Section 224, Section 226, Section 227, Section 228 or Section 231, the plaintiff may sue any number of co-sharers collectively, but in such case the decree shall specify the extent to which each of the defendants is affected thereby.
In this Chapter " tenant " shall include an under-proprietor and a permanent lessee.
If any person, -
When, in any suit for arrears of rent, the Court finds that the landholder has, without reasonable cause, refused or neglected to deliver to the tenant a receipt, or neglected to prepare and retain a counterfoil of the receipt in the manner prescribed by Section 133, in respect of any year to which such suit relates, it may award to the tenant such compensation, not exceeding double the amount or value of the rent paid, as it may decree.
If a landholder collects any rent of which the payment has been remitted in accordance with the provisions of this Act, or, before the expiration of the period of suspension, collects any rent of which the payment has been suspended in accordance with the provisions of this Act, the whole of the revenue or rent, as the case may be, remitted or suspended in his favour shall become immediately payable by him.
If any person habitually refuses, or neglects, to give receipts in accordance with the provisions of Section 133, he shall, on conviction by a criminal Court, be liable for a first offence to a fine not exceeding one hundred rupees, and for a second or subsequent offence to imprisonment for a term not exceeding three months or to fine not exceeding five hundred rupees or to both.
(1) Any person against whom a decree or order of ejectment from a holding or any portion thereof has been executed under the provisions of this Act, or under the Agra Tenancy Act of 1926 or the Oudh Rent Act, 1886, and who, so long as such decree or order remains in force, re-enters or attempts to re-enter, into occupation of such holding without the written consent of the person entitled to admit him as tenant, shall be presumed to have done so with intent to intimidate or annoy the person in possession, within the meaning of Section 441 of the Indian Penal Code. [ U.P. Ill of 1926, XXIl of 1886 ]
In Section 246, sub-section (2) of Section 247, Section 286 and Section 287, the words proprietary right shall include the right of an under-proprietor.
Subject to the provisions of Section 286 all suits and application of the nature specified in the Fourth Schedule shall be heard and determined by a Revenue Court, and no Court other than a Revenue Court, shall, except by way of appeal or revision as provided in this Act, take cognizance of any such suit or application, or of any suit or application based on a course of action in respect of which any relief could be obtained by means of any such suit or application.
(1) The provisions of the Code of Civil Procedure, 1908, except, -
In any suit brought under Section 180, Section 183, or Chapter IX, or in deciding an application under Section 175, which is treated as a suit under the provisions of Section 179, the Court may, on the application of the plaintiff and after framing the necessary’ issues, grant any relief which the Court is competent to grant, and to which it may find the plaintiff entitled, notwithstanding that such relief may not have been asked for in the plaint:
(1) The lambardar in an undivided mahal or in the common land of a mahal, thok or patti of which he is the lambardar, is entitled, in the absence of any contract or usage to the contrary, to collect rents and other dues.
(1) Except as otherwise provided in sub-section (3) or in Section 245, where there are two or more co-sharers in any right, title or interest, all things required or permitted to be done by the possessor of the same shall be done by them conjointly, unless they have appointed an agent to act on behalf of all of them.
(1) When, in any suit brought under this Act by a landholder against an under-proprietor or a tenant for arrears of rent, the under-proprietor or the tenant pleads that he has paid the rent of the holding for the period in respect of which the suit is brought to a third person whom he in good faith believed to be entitled to receive such rent, the Court shall, at the cost of such under-proprietor or tenant, as the case may be, make such third person a defendant in the suit and shall inquire into and decide the question.
A beneficial lease or other encumbrance created an under-proprietor on his tenure after the twenty-second day of July, 1868, shall not be valid in the event of the sale of his rights and interests in execution of a decree for arrears of rent, unless the encumbrance has been registered under any rule or law for the time being in force in Oudh within four months after the creation thereof, and not less than thirty days before the date of attachment of those rights and interests.
(1) When an under-proprietor creates any such encumbrance and fails to pay to the proprietor all or any portion of the rent subsequently accruing in respect of the land subject to such encumbrance, the encumbrance shall be liable to pay to the proprietor such rent or such portion as the case may be, unless the proprietor has agreed in writing to waive any claim which he might otherwise have made on the encumbrancer under this section.
(1) When land in Oudh is sold in execution of a decree under this Act and the land or any part thereof has been knocked down to a stranger, any co-sharer of the judgment-debtor but not the judgment-debtor, may, before confirmation of the sale, claim to take such land or part at the highest bid.
(1) The interest of a tenant holding on special terms in Oudh of an exproprietary tenant, of an occupancy tenant, or of a hereditary tenant in his holding or in any part thereof may be sold in execution of a decree for arrears of the rent of such holding and, unless such interest is purchased by the landholder thereof, the purchaser shall, subject to the provisions of sub-section (3), have the same interest in such holding or such part and be subject to the same liabilities in respect of such holding or such part as the tenant.
(1) Instead of selling the interest of a tenant in the whole or a part of his holding, the Court executing a decree for arrears of rent may lease such whole or part for a period which shall not exceed six years to any person who pays into Court the amount of such decree.
[ IX of 1908 ] Subject to the provisions of this Act, the provisions of Section 5 of the Indian Limitation Act, 1908 shall apply to suits and other proceedings under this Act.
The suits and other proceedings specified in the Fourth Schedule shall be instituted within the time prescribed in that Schedule for them respectively.
The court-fees payable in suits and on application under this Act shall be as specified in the sixth column of the Fourth Schedule.
(1) The Board may sit for the disposal of cases under this Act at the headquarters of any district.
[ U.P. III of 1901 ] An Assistant Collector of the second class shall have power to dispose of all suits specified in serial Nos. 1 to 6, inclusive, of Group A of the Fourth Schedule, in which the value of the subject-matter docs not exceed two hundred rupees, and except as otherwise provided in this Act, atahsildar shall have power to dispose of all applications included in Group C of that Schedule.
An Assistant Collector of the first class shall have power to dispose of all suits specified in Group A and B of the Fourth Schedule.
An Assistant Collector in charge of a sub-division shall have power to dispose of all applications specified in Group D of the Fourth Schedule.
A Collector shall have all the powers which may be exercised under this Act by an Assistant Collector in charge of a sub-division and in addition shall also have power to dispose of the applications specified in Group E of the Fourth Schedule.
The State Government may confer on an Assistant Collector of the first class all or any of the powers of a Collector under this Act, and such Assistant Collector shall exercise such powers in respect of such cases or classes of cases as the Collector may direct.
(1) Notwithstanding anything in Section 15 of the Code of Civil Procedure, 1908 :-
No appeal shall lie from any decree or order passed by any Court under this Act except as provided in this Act.
Except as provided by Section 286, an appeal shall lie to the Collector from every decree of an Assistant Collector of the second class.
(1) An appeal shall lie to the District Judge from the decree of an Assistant Collector of the first class or of a Collector in any of the suits included in Group A of the Fourth Schedule in which, -
An appeal to the District Judges from the appellate decree of a Collector in any suit in which a question of jurisdiction has been decided and is in issue in appeal.
An appeal shall lie to the Board from the appellate decree of a Commissioner on any of the grounds specified in Section 100 of the Code of Civil Procedure, 1908.
The Board may either admit an appeal or may summarily reject it.
An appeal shall lie to the High Court from the appellate decree of a District Judge on any of the groups specified in Section 100 of the Code of Civil Procedure, 1908.
Except as otherwise provided in this Act, an appeal shall lie to the Collector from every order, including an order rejecting an application for review, passed by an Assistant Collector of the second class.
(1) An appeal lies to the Collector from the order of an Assistant Collector of the first class and to the Commissioner from the original order or a Collector, in any or the cases specified below, namely, -
No appeal shall lie from any order passed in appeal under the provisions of sub-section (7) of Section 126, Section 126-A, Section 270 or Section 271.
The Board, on its own motion or on the application of a party to the case, may review and may rescind, alter or confirm any decree or order made by itself, or by a single member.
Every other Court shall be competent to review its judgement in accordance with the provisions of the Code of Civil Procedure, 1908, and the provisions of Order XLVII of the said Code shall apply to any such review. [ V of 1908 ]
The Board may call for the record of any case decided by any subordinate revenue Court in which no appeal lies either to the District Judge or the Board, and if such subordinate Court appears, -
The High Court may call for record of any suit or application which has been decided by any subordinate revenue Court, and in which an appeal lies to the District Judge and in which no appeal lies to the High Court and if the District Judge or such subordinate Court appears, -
The Board may, on sufficient cause being shown, transfer may withdraw any case or class of cases from an assistant settle-appeals from any revenue court to any other revenue court competent to deal therewith.
A Commissioner may exercise within the limits of his division the same powers as the Board under the last preceding section.
(1) A Commissioner may, with the previous sanction of the Board, transfer any appeal or class of appeals pending before himself, to any Collector within his division.
A Collector, with the previous sanction of the Commissioner, or an Assistant Collector in charge of a sub-division with the previous sanction of the Collector, may transfer any case or class of cases pending before himself, to any subordinate Court competent to deal therewith.
A Collector or an Assistant Collector in charge of a sub-division may withdraw any case or class of cases from any Court subordinate to him, and may try such case or class of cases himself, or transfer such case or class of cases to any other subordinate Court competent to deal therewith.
For the purposes of Sections 280 and 281, the Courts of all Assistant Collectors shall be deemed to be subordinate to the Collector and the Courts of all Assistant Collectors of the second class to be subordinate to the Assistant Collector in charge of the sub-division within which they exercise jurisdiction.
A Settlement Officer may transfer any case or class of cases pending before him to any Assistant Settlement Officer, and may withdraw any case or class of cases from an Assistant Settlement Officer and may try such case or class of cases himself, or transfer the same to any other Assistant Settlement Officer.
A District Judge may, with the previous sanction of the High Court transfer any appeal or class of appeals, from the decree or order of a revenue Court pending before himself, to a civil Judge subordinate to him and such Civil Judge shall dispose of such appeal or class of appeals as if he were a District Judge.
A District Judge may withdraw from a Civil Judge any appeal or class of appeals from a decree or order of a revenue Court and try such appeal or class of appeals himself or transfer such appeals or class of appeals to any other Civil Judge competent to deal therewith.
(1) If in any suit or proceeding in a revenue Court a question of proprietary right in respect of the land which forms the subject-matter of the suit or proceeding is raised, and such question has not previously been determined by a court of competent jurisdiction, the revenue court shall frame an issue on the question of proprietary right and submit the record to the competent civil court for the decision of that issue only :
If in any appeal filed under the provisions of sub-section (4) of Section 286, the appellate court has not before it all the material necessary for the determination of the question of proprietary right it may either,
(1) if in any suit relating to agricultural land instituted in a civil court, any question regarding tenant right arises and such question has not previously been determined by a court of competent jurisdiction, the civil court shall frame an issue on the plea of tenancy and submit the record to the appropriate revenue court for the decision of that issue only.
(1) Where either a civil or a revenue court is in doubt whether it is competent to entertain any suit, application or appeal, or whether it should direct the plaintiff, applicant or appellant to file the same in a court of the other description, the court may submit the record with a statement of the reasons for its doubt to the High Court.
When in a suit instituted in a civil or revenue Court, an appeal lies to the District Judge or to the 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; and the appellate Court shall dispose of the appeal as if the suit had been instituted in the right court.
(1) If, in any such suit, such objection was taken in the court of first instance, and the appellate court has before it all the material necessary for the determination of the suit, it shall dispose of the appeal as if the suit has been instituted in the right court.
The State Government may, after previous publication, make rules consistent with this Act, -
The Board may, with the previous sanction of the State Government, and after previous publication, make rules consistent with this Act and with any rules made under Section 292-
(1) If, after the first day of April, 1937, a tenant was ejected from his holding for non-payment of arrears of rent due on account of kharif 1344 fasli or any previous instalments, he may, within six months of the commencement of this Act apply to the court which passed the order of ejectment to be reinstated in his holding, and on receipt of such application, the court, after making such enquiry as it thinks fit shall order that the apblicant be put in possession of the holding from which he was ejected and that any other person in possession of such holding be ejected therefrom :
Notwithstanding any contract to the contrary or anything in this Act or any other law for the time being in force every person who at the commencement of this Act is a sub-tenant in Oudh shall be entitled to retain possession of this holding for a period of five years from sued commencement, and for this period nothing in sub-section (2) of Section 44 or section 171 shall rende; the landholder of such subn-tenant liable to enactment under the provisions of Section 171 :
A suit under any of the provisions of the Agra Tenancy Act, 1926 or the Oudh Rent Act, 1886, which is pending at the commencement of this Act or a decree under any of the provisions of either of these Acts, which has not been satisfied in full at such commencement, shall be decided or executed, as the case may be, in accordance with the corresponding provision of this Act and if there is no such corresponding provision, the proceedings relating to such suit or decree shall be quashed.