Resumption by Bhumiswami in certain cases

Madhya Pradesh Land Revenue Code, 1959

Tax1959309 of 312 sections available

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Statutory text

(1) A Bhumiswami whose land is held by an occupancy tenant (belonging to any of the categories specified in sub-section (1) of section 185; except in items (a) and (b) of clause (i) thereof) may, if the area of land under his personal cultivation is below twenty-five acres of unirrigated land, within one year of the coming into force of this Code, make an application to the Sub-Divisional Officer for resumption of land held by his occupancy tenant for his personal cultivation. (2) On receipt of the application, the Sub-Divisional Officer shall after hearing the parties and making such further enquiry as may be necessary decide the application: Provided that the right of resumption shall be limited to the area which, together with the area already under the personal cultivation of the Bhumiswami shall not exceed twenty-five acres of unirrigated land: Provided further that no resumption shall be allowed so as to reduce the total area of land in possession of the occupancy tenant below- (i) twenty-five acres of unirrigated land if the occupancy tenant has been holding such land from a Bhumiswami not belonging to any of the classes mentioned in sub-section (2) of section 168, for more than five years prior to the coming into force of this Code: (ii) ten acres in any other case. (3) Where under an order passed under sub-section (2) the Bhumiswami is allowed to resume a part of the land held by the occupancy tenant from such Bhumiswami, the Sub-Divisional Officer shall select and demarcate the land allowed to be resumed in accordance with such rules as may be made in that behalf. The resumption shall be allowed only if the Bhumiswami agrees to pay the occupancy tenant such compensation as the Sub-Divisional Officer may, after hearing the parties, fix for the improvement effected by the occupancy tenant for the land allowed to be resumed by the Bhumiswami. The Sub-Divisional Officer shall also in such a case fix the rent in the prescribed manner in respect of the land left with the occupancy tenant. (4) Every order allowing resumption shall take effect from the agricultural year next following the date of the order and the tenancy of the occupancy tenant in respect of the land resumed shall stand terminated.

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