section 191
Restoration of occupancy tenant.
Madhya Pradesh Land Revenue Code, 1959Tax1959309 of 312 sections available
Statutory text
- (1) If the Bhumiswami in whose favour an order of resumption is passed under sub-section (2) of section 189 fails to cultivate such land personally during the agricultural year next following the date on which the order is passed, the occupancy tenant may, within such time as may be prescribed, make an application to the Sub-Divisional Officer for restoration of such land to him: Provided that the occupancy tenant shall not be entitled to make the application if he in any way obstructs the Bhumiswami in taking possession of or cultivating such land. (2) On receipt of the application, the Sub-Divisional Officer may, after giving to the Bhumiswami an opportunity of being heard and making such further enquiry as may be deemed necessary, pass an order restoring possession of the land in question to the occupancy tenant, and where such order is passed, the occupancy tenant shall be placed in possession of the land at the commencement of the agricultural year next following the date of the order and the rights of Bhumiswami shall then accrue to him and the provisions of section 190 except sub-section (2) thereof shall apply accordingly. (3) If there is any dispute regarding the rent payable for the land restored under sub-section (2), it shall be decided by the Sub-Divisional Officer. (4) Where any land is restored to an occupancy tenant under sub-section (2), the Bhumiswami against whom restoration is ordered shall for ever be debarred from claiming resumption of any land of such occupancy tenant under section 189.
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