Leases
41.Right to written lease and procedure to obtain it.- (1) The tenant of a holding shall be entitled to receive, from his
landholder, a written lease, consistent with the provisions of his Act, drawn up in the prescribed form.
(2) If the lease is not issued to the tenant, or it does not contain the particulars required to be stated therein, or
contains particulars which the tenant does not accept as correct, he may make an application to the tahsildar and
claim the lease in the proper form.
(3) Along with his application the tenant shall file three copies of the draft lease in the prescribed form, stating
therein all the particulars in accordance with the terms settled between him and his landholder, and shall verify
each copy as a plaint.
(4) The tahsildar shall, on receipt of the application, issue notice accompanied by a company of the lease to the
landholder to file objections, if any, within the period specified therein.
(5) If the landholder appears and admits the correctness of the lease, or, after due service of the notice, does not
appear, the tahsildar shall sign and date the lease, put his official seal on it and deliver it to the tenant.
(6) If the landholder files an objection, the tahsildar shall decide it, and it the tenant is entitled to a lease, deliver
the lease in the manner provided by sub-section (5).
(7) If the lease is delivered to the tenant under sub-section (5) or (6), a true copy thereof shall be furnished to the
landholder and a copy of such lease shall be placed on the record of the case.
(8) The tahsildar shall submit the record of the case for confirmation of the order passed by him under sub-section
(6) to the sub-divisional officer.
(9) A lease so delivered shall be deemed to be registered under the Indian Registration Act, 1908 (XVI of 1908) and
the terms thereof, in so far as they are consistent with the provisions of this Act, shall be binding on the parties
thereto.
42.Registration of leases.- (1) A lease for a period exceeding one year, or from year to year, or for reclaiming any
land shall be made by a registered instrument only.
(2) Notwithstanding anything contained in sub-section (1), the parties to such lease may, in lieu of registering the
same, obtain the attestation thereto of a girdawar, a naib-tahsildar, or a tahsildar, within whose jurisdiction the land
leased is situated in accordance with the provisions of sub-section (4).
(3) Such instrument shall be presented for attestation in duplicate.
(4) The attesting officer shall, after satisfying himself as to the identify of the parties and the execution of the
instrument, make, sign and date on endorsement thereon to the effect that he has so satisfied himself, and shall
deliver one copy to the lessor and the other to the lessee:
Provided that no such instrument shall be accepted for attestation, unless it is presented within four months of its
execution.
(5) An instrument so attested shall be deemed to be registered within the meaning of the Indian Registration Act,
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1908 (XVI of 1908).
Declaration of rights
43.Declaration of rights in certain cases.- (1) In case of doubt or dispute the landholder or the tenant may apply for
a declaration as to any of the following matters :--
(i) the rent payable or any other particulars prescribed for the lessee;
(ii) the right of a person claiming to be a tenant or a joint tenant of a holding, or the specification of his share in
such holding;
(iii) question of status of a tenant ;
(iv) whether a particular plot is--
(a) niji jot, or
(b) stable or unstable land.
(2) Such application shall be filed in the court of the sub-divisional officer who shall decide the dispute in
accordance with the provisions of this Act, and submit the record of the case for confirmation of the order passed
by him to the collector.
Improvements
44.Right of certain tenants to make improvements.- An occupancy, an exproprietary or a hereditary tenant may
make any improvement, but he shall not construct a tank unless he has obtained the written consent of the
landholder.
45.Right of non-occupancy tenants to make improvements.- No non-occupancy tenant shall make any
improvement except with the written consent of his landholder :
Provided that, if such tenant is a sub-tenant, he shall not make any improvement unless--
(a) it is an improvement which his landholder could himself have made; and
(b) he has obtained the written consent of his landholder.
46.Right of landlord to make improvement.- (1) A landlord may, with the sanction of the sub-divisional officer, make
an improvement on, or affecting, the holding of a tenant :
Provided that no such sanction shall be required if the tenant of such holding is a non-occupancy tenant, or the
improvement which the landlord desires to make is a well.
(2) If the sub-divisional officer refuses to give sanction, he shall submit the record of the case for confirmation of the
order passed by him to the collector.
47.Provision when both landlord and tenant want to make the same improvement.- (1) If both the landlord and the
territory want to make the same improvement which they are entitled to make under this Act, the sub-divisional
officer shall on application, allow the tenant to execute the word within a specified period and may, on reasonably
cause being shown, extend such period from time to time :
Provided that the total period of such extensions shall not exceed six months.
(2) If the tenant fails to execute the work within such period or extended period, the landlord shall have the right to
make such improvement.
48.Restrictions on making improvement.- Nothing in this Chapter shall entitle to tenant or a landholder to make an
improvement on, or detrimental to, any land, no included in the holding to be benefited by such improvement,
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unless he is in possession of such land as owner, or has obtained the written consent of the landlord and of the
tenant, if any, of such land.
49.Compensation for improvement, when permissible.- A tenant who has made a work of the kind to which the
provisions of clause (13) of section 4 apply, whether such work was made before or after the commencement of
this Act, shall be entitled to claim compensation ---
(a) if an order of ejectment is passed against him; or
(b) if he has been wrongfully ejected from his land and has not recovered possession thereof :
Provided that in case of a dwelling house mentioned in sub-clause (i) of clause (13) of section 4, the tenant may,
instead of claiming compensation, sell or remove the materials thereof or, with the written consent of the landlord
and within such period as the court deciding the claim for compensation may specify, transfer the right of
residence therein to any tenant of the village :
Provided further that except in case of such dwelling house, compensation shall not be payable for any work made
more than thirty years prior to the date on which the order of ejectment was passed or the tenant was wrongfully
ejected.
50.Determination of compensation.- When, under any provision of this Act, a court has to determine the amount of
compensation due on account of as improvement, it shall have regard--
(a) to the amount by which the value of the produce of the holding, or the value of that produce, is increased by the
work,
(b) to the condition of such work and the probable duration of its effect,
(c) to the extend or benefit to which the landholder or the tenant may be entitled under section 51, and
(d) to the labour and capital required for the making of such work, allowing for--
(i) any reduction or remission of rent or any other advantage allowed to the tenant by the landholder in
consideration of the work,
(ii) any assistance give to the tenant by the landholder in money, material or labour, and
(iii) in the case of reclamation or of conversion of unirrigated to irrigated land , the length of time during which the
party claiming compensation has had the benefit of the improvement.
51.Works benefiting other land.- (1) If a tenant has made an improvement on land from which he is ejected, the
landholder shall, on payment of compensation, if awarded, become the owner of the word, but the tenant shall be
entitled to the benefit of the word in respect of the land remaining in his possession to the same extend and in the
same manner as it was hitherto benefited thereby.
(2) If a tenant has made an improvement on land which remains in his possession after he is ejected from the other
portion of his holding, the landholder shall, in accordance with the conditions laid down by the court, be entitled to
the benefit of such work in respect of the land from which the tenant has been ejected to the same extend and in
the same manner as it was hitherto benefited thereby.
52.Disputes as regards improvements.- If a question arises between a tenant and his landholder--
(a) as to the right to make an improvement ; or
(b) as to whether a work contravenes the provisions of section 48 ; or
(c) as to whether a particular work is an improvement ; or
(d) as to the right to the benefit of an improvement under section 51,
the sub-divisional officer shall, on the application of either party, decide the question and submit the record of the
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case for confirmation of the order passed by him to the collector.
Trees
53.Right of tenant paying fixed money rent to plant tree.- A tenant other than a non-occupancy tenant, who pays
fixed money rent may plant on his holding any tree :
Provided that --
(a) he shall not plant any tree in such a way as to diminish the value of any land, not included in his holding ; and
(b) he shall, in the absence of a written agreement to the contrary, continue to be liable to pay the full rent of the
holding.
54.Right of a tenant paying batai or bighori to plant tree.- A tenant, other than a non-occupancy tenant, who pays
rent by batai, or bighori or partly by batai and partly by bighori, may plant any tree with the written consent of his
landlord on such terms as may be settled between them :
Provided that he shall not plant any tree in such a way as to diminish the value of any land, not included in his
holding.
55.Tenant's rights in tree existing at the commencement of the Act.- (1) Any tree standing at the commencement
of this Act on the holding of a tenant, not being a sub-tenant, shall vest in such tenant, if he has continuously been
in possession of such holding for not less than twelve years immediately before such commencement.
(2) If a tree does not vest in such tenant under sub-section (1), he may---
(i) if such tree hinders the cultivation of the holding, fell it with the previous sanction of the tahsildar and after notice
in writing to the landlord or his agent, and deliver the timber thereof to such landlord or agent;
(ii) appropriate such tree and pay to the landholder such price as the tahsildar may, on the application of the
tenant, fix.
(3) The tahsildar shall, if the order giving or refusing sanction for felling such tree or fixing the price thereof is
passed in a contested case, submit the record of the case for confirmation of the order passed by him to the
subdivisional officer.
56.Decision of disputes regarding trees.- If a dispute arises between a landlord and a tenant as to the right to plant
any tree, or the manner of planting it, or regarding the ownership of any tree, the dispute shall, on the application of
either party, be decided by the sub-divisional officer who shall submit the record of the case for confirmation of the
order passed by him to the collector.
Surrender and abandonment
57.Surrender by tenant.- Subject to the provisions of section 29, a tenant, not bound by a lease or other agreement
to continue to occupy any holding in the following year, my--
(i) by means of a registered letter, sent to his landholder before the first day of March in any year, notify his
intention to surrender his holding at the end of the agricultural year, whether such holding is or is not held by a
sub-tenant; and
(ii) surrender his holding by giving up possession thereof accordingly:
Provided that an exproprietary tenant shall not surrender his holding or any part thereof except to his own
landholder, and unless (a) a period of two years has elapsed from the date of accrual of the exproprietary rights,
and (b) such tenant has obtained the previous sanction of the collector :
Provided further that nothing in this section shall affect any arrangement by which a tenant, other than an
exproprietary tenant, and the landholder may agree to the surrender of the whole or any portion of the holding.
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58.Abandonment.- (1) subject to the provisions of sub-sections (2) and (3), a tenant, who ceases to cultivate his
holding and leaves the neighbourhood, shall responsible for payment of the rent as it falls due and gives written
notice to the landholder of such arrangement.
(2) If the person so left in charge is a person--
(a) on whom, in the event of the tenant's death, the tenant's interest would devolve, or
(b) who is to manage the holding for the benefit of the person on whom, in the event of the tenant's death, the
tenant's interest would devolve,
the tenant shall, on the expiry of a period of seven years, lose his interest in his holding unless he, within such
period, resumes cultivation thereof, and such interest shall devolve on the person on whom the interest of the
tenant would devolve in the event of his death.
(3) If the person so left in charge is not a person mentioned in sub-section (2), the tenant shall, on the expiry of a
period of three years, be deemed to have abandoned his holding, unless within such period he resumes cultivation
thereof.
(4) A tenant who ceases to cultivate and leaves the neighbourhood, otherwise than in accordance with the
provisions of sub-section (1), shall be deemed to have abandoned his holding.
59.Taking possession of holding surrendered or abandoned.- A landholder may enter upon, and occupy, the land
surrendered or abandoned in accordance with the provisions of this Act.
60.Dispute arising out of surrender and abandonment of land.- (1) If a dispute arises as to--
(a) the right of a tenant to surrender his holding or part thereof, or
(b) the right of a landholder to enter upon and occupy the land under the provisions of section 59.
either party may, within three months from the date of such dispute, apply to the tahsildar for decision.
(2) The tahsildar shall decide the dispute and submit the record of the case for confirmation of the order passed by
him to the subdivisional officer.