Chapter IV LEASE, RELINQUISHMENT AND EJECTMENTLEASE

Leases. (1) A landowner who- (a) is a minor, or unmarried woman, if married, divorced or separated from husband or a widow; or (b) is permanently incapable of cultivating land by reason of any physical or mental infirmity; or (c) is a serving member of the Armed Forces; or (d) is temporarily prevented by some sufficient cause beyond his control from cultivating land ; may lease land owned by him for such period during which his inability or disability to cultivate it personally lasts : Provided that in case of land–owner covered by clause (d) above, lease shall be allowed by the Revenue Officer for a term not exceeding five years through a registered lease deed, which may subsequently be renewed for a period equivalent to the term for which it was allowed initially, in case his inability or disability to cultivate it personally subsists: Provided further that where such inability or disability ceases, the landowner shall be entitled to apply to get back the possession of the land from the lessee within one year from such cessation in the manner provided hereafter: Provided further that in case the landowners mentioned in this sub-section, except those who are incapable of cultivating land by reason of any physical or mental infirmity, fail to make an application for the resumption of the land within one year of the cessation of such disability or inability their lessees shall be entitled to avail of the benefit accruing to them under the provisions of Chapter X of this Act. (2) Any landowner referred to in sub-section (1) may by giving, in writing to his lessee or to his lessee's agent, a notice of his intention to resume the lease immediately after the harvest of the crop then current. (3) The landowner may, instead of, or in addition to giving the notice in the manner mentioned in sub-section (2), apply to a Revenue Officer, to cause the notice to be served on the lessee and the Revenue Officer on receiving the cost of service from the landowner, shall cause notice to be served as soon as may be. (4) If the lessee fails to vacate his possession as aforesaid in accordance with the notice, the Revenue Officer may, on application by the landowner, put the landowner in possession of the area under the lease immediately after the harvesting is over and the Revenue Officer may at the cost of the tenant, for this purpose, use such force as may be necessary.

Relinquishment by tenant for a fixed term. No relinquishment of a tenancy shall be made by a tenant in favour of landowner. However, if a tenant wants to make a voluntary surrender of his tenancy land, the same shall be in favour of the State Government. The State Government shall have right to induct any suitable tenant or landless agricultural labourer to the relinquished land in the manner to be prescribed.

Repealed. None

(1) A tenant other than occupancy tenant shall not be liable to ejectment from his tenancy except on anyone or more of the following grounds, namely,- (a) that he has used the land comprised in the tenancy in a manner which renders it unfit for the purposes for which he holds it ; (b) that he, where rent is payable in kind, has failed without sufficient cause to cultivate or arrange for cultivation of the land comprised in his tenancy in the manner or to the extent customary in the (1) A tenant shall not be liable to be ejected from his tenancy except on the following grounds, namely:— (a) that he is a tenant of a landowner who is a minor, unmarried woman, widow, or a person suffering from physical or mental disability, or a person under detention or imprisonment, or who is a member of the Armed Forces; (b) that he has failed to pay rent to the landowner: Provided that the Revenue Officer may, if the tenant gives notice to the landowner for payment at the threshing floor of the rent payable in kind and the landowner fails to make arrangements for its collection within a fortnight of the receipt of the notice, appoint an agent to collect the rent at the threshing floor on behalf of the landowner at his expense; (c) that he sublets the holding or part thereof for profit without the consent of the landowner: Provided that a member of the Armed Forces, an unmarried woman, or if married, divorced or separated from husband of a widow, a minor, a person suffering from physical or mental disability because of which he cannot cultivate the land himself, a person prosecuting studies in a recognised institution and a person under detention or imprisonment shall not be liable to ejectment because he sublets the holding or a part thereof without the consent of the landowner; (d) that he holds his tenancy, from a person who created such tenancy within a period of six months before he became a member of the Armed Forces or while he was serving in the Armed Forces. and wants to cultivate it himself on his ceasing to be a member of the Armed Forces; (dd) that he holds his tenancy on the land comprising the share of a member of the Armed Forces covered by clause (d) of sub-section (8) of section 104 and who wants to cultivate it himself on his ceasing to be a member of the Armed Forces: Provided that such person or member of Armed Forces referred to in clauses (d) and (dd) above, as the case may be, shall be entitled to eject a tenant from such land upto a maximum of five acres, in the prescribed manner: Provided further that a tenant so ejected shall be restored to possession of the land if the landowner after ejecting him does not within one year cultivate it personally: Provided also that if a tenant holding land from persons mentioned in clauses (d) and (dd) of this sub-section is also a member of the Armed Forces, the provision of first proviso shall not apply and the tenancy shall remain and the ejectment from tenancy shall only be On the grounds given in clauses (a) to (c) of this sub-section. (e) that the tenant has failed to pay rent within a period of six months after it falls due: Provided that no tenant shall be ejected under this clause unless he has been afforded an opportunity to pay the arrears of rent within a further period of six months from the date of the decree, or order directing his ejectment, and he had failed to pay such arrears during that period. (2) Notwithstanding anything contained in sub-section (1) the Revenue Officer may, if the tenant gives notice to the landowner for payment at the threshing floor of the rent payable in kind and the landowner fails to make arrangements for its collection within a fortnight of the receipt of the notice, appoint an agent to collect the rent at the threshing floor on behalf of the landowner at his expense. (3) On collection of the rent in kind under sub-section (2) the agent shall give a notice as prescribed to the landowner, and if the landowner fails to collect such rent within thirty days from the date of the notice, the Revenue Officer shall dispose of or cause to be disposed of such rent by auction in the prescribed manner and deposit the sale proceeds in the Government treasury as revenue deposits.

Certain mortgagees to be deemed as tenants under the Act. (1) If land comprising the tenancy of a tenant is mortgaged to him with possession by the landowner, and such land is subsequently redeemed by the landowner, the tenant shall, notwithstanding such redemption or any other law for the time being in force, be deemed to be the tenant of the landowner in respect of such land on the same terms and conditions on which it was held by him immediately before the execution of the mortgage as if the mortgage had never been executed. (2) Where a tenant referred to in sub-section (1) has been dispossessed by the landowner in execution of a decree or order of redemption, he shall be entitled to be restored to his tenancy in the manner prescribed, on the same terms and conditions on which it was held by him immediately before the execution of the mortgage, on an application made by him to an Assistant Collector of the first grade having jurisdiction within a period of one year from the commencement of this Act. (3) An application received under sub-section (2) shall be disposed of by the Assistant Collector of the first grade in a prescribed manner.

Save in proportion to a reduction in the tenancy, if any, a landowner shall not be competent to curtail or terminate the supply of canal, kuhl or use of well water enjoyed by a tenant immediately before the commencement of this Act, and a breach of this provision shall constitute a cognizable offence punishable with fine which may extend to one hundred rupees and shall be triable by a Naya Panchayat competent to hear criminal cases. (1) If it appears to a Civil Court that a suit pending before it is of a class mentioned in section 58 and that the provisions of that section should have been heard and determined by Revenue Court ; or (b) if it appears to a Revenue Court that a Court under its control has determined a suit which should has been heard by a Civil Court; the Civil Court or Revenue Court, as the case may be, shall submit the record of the suit to the High Court. (2) If on perusal of the record it appears to the High Court that the suit was so determined in good faith, and that the parties have not been prejudiced by the mistake as to jurisdiction, the High Court may order that the decree be registered in the Court which had jurisdiction. (3) If it appears to the High Court, otherwise than on submission of a record under sub-section (1), that a Civil Court under its control has determined a suit of a class mentioned in section 58 which under the provisions of that section should have been heard and determined by a Revenue Court, the High Court may pass an order which it might have passed if the record had been submitted to it under that sub-section. (4) With respect to any proceeding subsequent to decree the High Court may make such order for its registration in a Revenue Court or Civil Court as in the circumstances appears to be just and proper. (5) An order of the High Court under this section shall be conclusive as against persons who were not parties to the suit or proceeding as well as against persons who were parties thereto, and the decree or proceeding to which the order relates shall have effect as if it had been made or had by the Court in which the order was required to be registered.

Restriction on ejectment. A tenant shall not be ejected otherwise than in execution of decree for ejectment, except, when a decree for an arrear of rent in respect of his tenancy has been passed against him and remains unsatisfied: Provided that in respect of any arrears of rent due prior to the commencement of this Act, the tenant shall not be liable to ejectment if he pays the arrears of rent within a period of one year from the commencement of this Act: Provided further that a tenant in occupation of a dwelling house building on a site belonging to the landowner shall not be ejected from such dwelling house or the court-yard immediately appurtenant thereto and necessary for his enjoyment.

In any such case as is mentioned in the last foregoing section the landowner may apply to a Revenue Officer for the ejectment of the tenant.

Ejectment for failure to satisfy decree for arrear of rent. (1) On receiving the application in any such case as is mentioned in section 38, the Revenue Officer shall, after such inquiry with respect to the existence of the arrear as he deems necessary, cause a notice to be served on the tenant, stating the date of the decree and the amount due thereunder, and informing him that if he does not pay that amount to the Revenue Officer within fifteen days from the receipt of the notice he will be ejected from the land. (2) If the amount is not so paid, the Revenue Officer, shall subject to the provisions of this Act with respect to the payment of compensation, order the ejectment of the tenant unless good cause is shown to the contrary.

A decree or order for the ejectment of a tenant shall ordinarily be executed immediately after the crop is harvested unless the Court making the decree, or, where the order is made under section 39 the officer making the order, otherwise directs.

Relief against forfeiture. (1) If in a suit for the ejectment of a tenant on any of the grounds mentioned in section 34, it appears to the Court that the injury caused by the act or omission on which the suit is based is capable of being remedied, or that an award of compensation will be sufficient satisfaction to the landowner therefor, the Court may, instead of making decree for the ejectment of the tenant, order him to remedy the injury within a period to be fixed in the order, or order him to pay into Court, within such a period, such compensation as the Court thinks fit. (2) The court may from time to time, for special reasons, extend a period fixed by it under sub-section (1). (3) If within the period, or extended period, as the case may be, fixed by the Court under this section, the injury is remedied or the compensation is paid, a decree for the ejectment of the tenant shall not be made.

Rights of ejected tenants in respect of crops and land prepared for sowing. (1) Where at the time of the proposed ejectment of a tenant from any land his uncut or ungathered crops are standing on any part thereof, he shall not be ejected from that part until the crops have ripened and he has been allowed reasonable time to harvest them. (2) The Court or Revenue Officer decreeing or ordering the ejectment of the tenant may, on the application of the landowner, determine any dispute arising in consequence of the provisions of sub-section (1) between the landowner and the tenant or between the landowner and any person entitled to harvest the crops of the tenant, and may in its or his discretion- (a) direct that the tenant pay for the longer occupation of the land secured to him under sub-section (1) such rent as may be fair and equitable; or (b) determine the value of the tenant's uncut and un-gathered crops, and, on payment thereof by the landowner to the Court or Revenue Officer, forthwith eject the tenant. (3) When a tenant for whose ejectment proceedings have been taken has, conformably with local usage, prepared for sowing any land comprised in his tenancy but has not sown or planted crops on that land, he shall be entitled to receive from the landowner before ejectment a fair equivalent in money for the labour and capital expended by him in so preparing the land and the Court or Revenue Officer before which or whom the proceedings are pending shall on the application of the tenant, determine the sum payable to the tenant under this sub-section and stay his ejectment until that sum has been paid to him.

Relief for wrongful dispossession or ejectment. If a tenant has been dispossessed without his consent from his tenancy or any part thereof otherwise than in execution of a decree or than in pursuance of any order under section 39, he may, within one year from the date of his dispossession or ejectment, make an application for recovery of possession or for compensation, or for both.

Penalty for wrongful dispossession. Whoever dispossesses a tenant without his consent from his tenancy or any part thereof otherwise than in execution of a decree or than in pursuance of any order under section 39 shall be punishable by a Revenue Officer not below the rank of Assistant Collector First Grade, with fine which may extend to Rs. 1,000.