Vidhi Codex

The Chota Nagpur Tenancy Act, 1908

The Chota Nagpur Tenancy Act, 1908

Civil1908269 sections16 chapters

The Chota Nagpur Tenancy Act, 1908 regulates landlord-tenant relations, land tenure, rent assessment, and property rights within the Chota Nagpur region. Applying to agricultural landholders, tenants, and indigenous tribal communities like the Mundari and Bhuinhar, it categorizes different classes of cultivators and defines their occupancy rights. The law strictly limits the enhancement of rent, prevents arbitrary eviction, and restricts the transfer or sale of tribal land to non-tribal entities. By legally recognizing customary land rights and establishing specialized administrative procedures for rent disputes and record-of-rights surveys, this legislation provides critical socio-economic protections to preserve indigenous land ownership.

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Chapter II Chapter II →

  1. 4Classes of tenants
  2. 5Meaning of a "tenure-holder"
  3. 6Meaning of "Raiyat"
  4. 7Meaning of "Raiyat having khunt-katti rights"
  5. 8Meaning of - "Mundari-khunt-kattidari"

Chapter III Chapter III →

  1. 9Tenure-holder when not liable to enhancement of rent
  2. 10Certain bhuinhars not liable to enhancement of rent
  3. 11Registration of certain transfers of tenures
  4. 12Procedure on refusal of landlord to allow registration of transfer of tenure
  5. 14Annulment of encumbrances on resumption of resumable tenure
  6. 15Saving of rights of landlord

Chapter IV Chapter IV →

  1. 16Continuance of existing occupancy rights
  2. 17Definition of 'settled Raiyat'
  3. 18Bhuinhars and Mundari khunt-kattidars to be settled Raiyats in certain cases
  4. 19Settled Raiyats to have occupancy-rights
  5. 21Rights of occupancy-Raiyat in respect of use of land
  6. 22Protection of occupancy-Raiyat from eviction except on specified grounds
  7. 23Devolution of occupancy right on death
  8. 24Obligation of occupancy-Raiyat to pay rent
  9. 25Presumption that rent of occupancy-Raiyat is fair and equitable
  10. 26Confirmation of rents enhanced prior to commencement of this Act
  11. 27Methods in which rent of occupancy-Raiyat may be enhanced
  12. 28Contents of application to Deputy Commissioner for enhancement
  13. 29Procedure on receipt of such application
  14. 30Power to direct gradual enhancement
  15. 31Application for increase of rent in respect of land held in excess of the area for which rent was previously paid
  16. 32Procedure on receipt of such application
  17. 33Savings
  18. 34Application to Deputy Commissioner for reduction of rent
  19. 35Procedure on receipt of such application
  20. 36Bar to further enhancement or reduction of rent where there is no record-of-rights

Chapter V Chapter V →

  1. 37Incidents of tenancy of Raiyats having khunt-katti rights

Chapter VI Chapter VI →

  1. 38Initial rent and lease of non-occupancy-Raiyat
  2. 39Effect of acquisition by landlord of the right of a non-occupancy-Raiyat in his holding
  3. 40Conditions of enhancement of rent of non-occupancy-Raiyat
  4. 41Grounds on which non-occupancy Raiyat may be rejected
  5. 42Conditions of ejectment on ground of refusal to agree to pay a fair and equitable rent

Chapter VII Chapter VII →

  1. 43Bar to acquisition of right of occupancy in, and to application of Chapter VI to landlords' privileged lands and certain other lands

Chapter VII-A Chapter VII-A →

  1. 44Raiyat entitled to a lease
  2. 45Landlord entitled to counterpart engagement
  3. 47Restriction on sale of Raiyat's right under order of Court
  4. 49Transfer of occupancy-holding or Bhuinhari-Tenure for certain purposes
  5. 51Tenant not liable to transferee of landlord's interest for rent paid to former landlord, without notice of the transfer

Chapter IX Chapter IX →

  1. 52Instalments
  2. 53Methods of payment of rent
  3. 54Receipt for rent and interest thereon
  4. 55Deposit of rent in the Court of Deputy Commissioner
  5. 56Procedure on receipt of deposit and payment of same
  6. 57Limitation of suit or application for rent due prior to deposit
  7. 58What to be deemed arrear of rent : interest on arrears
  8. 59Ejectment of tenure-holder and cancellation of lease for arrears
  9. 60Arrear of rent to be first charge on tenancy
  10. 61Commutation of rent payable in kind
  11. 62Period of which commuted rents are to remain unaltered
  12. 63Penalty on landlord for levying anything in excess of rent including local cess or of lawful praedial conditions
  13. 63ASettlement of waste lands to be made by patta
  14. 63BSettlement liable to be set aside

Chapter X Chapter X →

  1. 65Power to eject cultivator or leave him in possession
  2. 66Prohibition against conversion of certain land into Korkar
  3. 67Right of occupancy in Korkar
  4. 68Tenant not to be ejected of except in execution of decree or order
  5. 69Relief against forfeitures
  6. 70Decree or order for ejectment when to take effect
  7. 71Power to replace in possession tenant unlawfully ejected
  8. 71BPenalties
  9. 72Surrender of land by Raiyat
  10. 73Abandonment of land by Raiyat
  11. 74Effect of lease purporting to admit to occupation after occupation has commenced
  12. 75Measurements of land

Chapter XI Chapter XI →

  1. 76Saving of custom
  2. 77Saving as to service tenures and holdings
  3. 78Homesteads
  4. 79Restrictions on exclusion of Act by agreement
  5. 79BRestriction on the share of the produce rent payable to a landlord by agreement

Chapter XII Chapter XII →

  1. 80Power to order survey and preparation of record-of-rights
  2. 81Particulars to be recorded
  3. 82Power to order survey and preparation of record-of-rights as to water
  4. 83Preliminary publication, amendment and final publication of record-of-rights
  5. 84Presumptions as to final publication and correctness of record-of-rights
  6. 85Settlement of fair rent
  7. 86Decision of issues arising during course of settlement of rents
  8. 87Institution of suits before Revenue Officer
  9. 88Entry in record-of-rights of rents settled and decisions made
  10. 89Revision by Revenue Officer
  11. 91Stay of certain proceedings before Deputy Commissioner or Civil Court when order made for preparation of record-of-rights
  12. 92Bar to jurisdiction of Courts in matters relating to record-of-rights
  13. 93Stay of certain proceedings before Deputy Commissioner or Civil Court when record-of-rights finally published
  14. 94Period for which rents entered in the record-of-rights are to remain unaltered
  15. 95Expenses of proceedings under this Chapter
  16. 96Power of Revenue Officer to give effect to agreement or compromise
  17. 97Date from which settled rent takes effect
  18. 98Revision of record-of-rights, and new settlement of rents, under orders of State Government
  19. 99Enhancement of rent where application under Section 98 is rejected
  20. 100Validation of directions given, before the commencement of this Act for the record of certain rights
  21. 101Prohibition against new praedial conditions
  22. 102Liability of tenant when original conditions of tenancy cannot be ascertained
  23. 103Method of calculating present value of praedial conditions
  24. 104Procedure in suit for rent and value of praedial conditions
  25. 105Voluntary commutation of praedial conditions
  26. 106Power to order record of praedial conditions, with or without commutation
  27. 107Preparation of record
  28. 108Publication of record
  29. 109Appeal from orders of Revenue Officer
  30. 110Revision by Commissioner or Board
  31. 111Procedure where a survey and record-of-rights are being made
  32. 112Note of decisions in record-of-rights
  33. 113Decisions of questions as to whether a payment in kind is a praedial condition or a payment of rent in kind
  34. 114Commencement and effect of commutation
  35. 115Expenses of voluntary commutation
  36. 116Expenses of record and compulsory commutation
  37. 117Saving of right to claim reduction or enhancement of rent

Chapter XIV Chapter XIV →

  1. 118Definition of "landlord's privileged lands"
  2. 119Power to direct a survey and record of landlord s privileged lands
  3. 120Application of certain Sections.
  4. 121Power to record landlord's privileged lands on application of landlord or tenant
  5. 122Procedure in inquiries
  6. 123Presumption that lands are not landlord's privileged lands
  7. 124No land in certain villages to be recorded as landlord's privileged lands
  8. 125Exclusion of unrecorded lands from category of landlord's privileged lands
  9. 126Appeal

Chapter XV Chapter XV →

  1. 127Record-of-rights and obligations of Raiyats having Khuntkatti rights village headmen and other class of tenants
  2. 128Application of certain Sections
  3. 129Notice of entries to interested persons
  4. 130Suits to decide disputes as to entries in or omission from record
  5. 131Note of final decisions in record
  6. 132Evidential value of entries
  7. 133Revenue-Officer to have regard to origin and nature of tenancy and status of tenants
  8. 134Exclusion of unrecorded lands from category of khunt-katti lands

Chapter XVI Chapter XVI →

  1. 135Place for holding Deputy Commissioner's Court
  2. 136Office for instituting suits and making applications
  3. 137Withdrawal of suits
  4. 138Jurisdiction where land is situated in more than one district or subdivision
  5. 139Certain suits and applications cognizable only by the Deputy Commissioner
  6. 140Collective suits or applications
  7. 141Order or decree in collective suit or on collective application to specify how far it effects each tenant
  8. 142Suit by co-sharer landlord for rent
  9. 143Institution of suits by presentation of statement of claim
  10. 144Additional particulars required in statement of claim in certain suits and in certain applications
  11. 145Substitution of copies or extracts for original documents admitted in evidence
  12. 146Statement of claim by whom to be presented
  13. 147Signature and verification of statement of claim
  14. 148Production of documents by plaintiff
  15. 149Production of documents by defendant
  16. 150Return or amendments of statement of claim
  17. 151Issue of summons to defendant
  18. 152Attendance of defendant personally or by agent
  19. 153Production of documents and witnesses
  20. 154Deposit of cost of serving summons
  21. 155Procedure when neither party appears
  22. 156Procedure when only the defendant appears
  23. 157Procedure when only the plaintiff appears
  24. 158Production of documents by defendant
  25. 159Hearing of defendant on day to which case is postponed
  26. 160Exemption of women from personal attendance
  27. 161Employment of agents
  28. 162Power to grant time or adjourn hearing
  29. 163Examination and cross-examination of parties or their agents and of witnesses, written statement by defendant
  30. 164Conduct and record of examination
  31. 165Power to direct attendance of party whose agent cannot answer material question
  32. 166Decree when to be made
  33. 167Power to postpone trial to take further evidence
  34. 168Production of witnesses
  35. 169Procedure when neither party appears on day fixed for final hearing of suit
  36. 170Judgement
  37. 171Local inquiries
  38. 172Payment into Court by defendant, after tender to plaintiff
  39. 173Payment into Court by defendant, without prior tender to plaintiff
  40. 174Prohibition of interest on sums paid into Court
  41. 175Power to award damages to plaintiff in rent suit
  42. 176Power to award compensation to defendant in rent suit
  43. 177Procedure where third-party claims right to receive rent
  44. 178Suit for ejectment of non-occupancy Raiyat- Cancelment of lease of any tenant for arrear of rent
  45. 179Power of Deputy Commissioner to grant lease to Raiyat in default of landlord
  46. 180Procedure where tenant fails to deliver counterpart engagement to landlord
  47. 181Limitation of time for application for execution
  48. 182Decrees and orders by what Court to be executed
  49. 183Form of application for execution
  50. 184Issue of process of execution
  51. 185Form of warrant of execution against person or movable property
  52. 186Exemption from attachment and sale
  53. 187Indication of movable property to be seized
  54. 188Duration of warrant of execution
  55. 189Second and successive warrants of execution
  56. 190Notice when to be given before issue of warrant of execution
  57. 191Procedure when judgement-debtor is arrested
  58. 192Further proceedings after discharge from jail
  59. 193Diet-money for subsistence of prisoners
  60. 194Execution of decree or order for ejectment or re-instatement of cultivator
  61. 195Execution of decree or order for cancelment of lease, for ejectment or re-instatement of tenant not being an actual cultivator
  62. 196Execution of decree or rent given in favour of the sharer in undivided estate or tenure
  63. 197Execution of rent decree obtained by a co-sharer landlord
  64. 198Execution against immovable property in certain cases, if judgement not satisfied
  65. 199Notification of intended sale of movable property, and custody of property
  66. 200Interval between seizure and sale
  67. 201Place and manner of sale
  68. 202Prohibition of purchase by officers
  69. 203Postponement of sale if fair price be not offered
  70. 204Payment of purchase money and delivery of property to purchaser
  71. 205Application of proceeds of sales
  72. 206Procedure where third party claims interest in property seized
  73. 207Irregularities not to vitiate sale
  74. 208Sale of tenure or holding in execution of decree for arrears of rent
  75. 208BProcedure to be followed in bringing to sale tenure or holding or portion thereof in execution of rent decree
  76. 208CCertificate and possession to be given to purchaser on payment in full
  77. 208DPurchaser to acquire the tenure or holding with certain exceptions free of encumbrances
  78. 209Disposal of proceeds of sale under Section 208
  79. 210Sale of other property in execution of decree for arrears of rent of tenure or holding
  80. 211Procedure when third party claims to be in lawful possession of tenure or holding
  81. 212Application to set aside sale of immovable property on deposit of debt and compensation to purchaser
  82. 213Application to set aside sale of immovable property on ground of irregularity or fraud
  83. 217Bar to further appeals, with Proviso for revision by Board or Commissioner
  84. 218Appeal in certain suits
  85. 219Appeal to Deputy Commissioner when to be presented
  86. 220Appeal when to be heard
  87. 221Re-admission of appeal
  88. 222Re-hearing of appeal on application of respondent against whom "ex-parte" decree passed
  89. 223Judgement in appeal
  90. 224Appeal to Judicial Commissioner or High Court
  91. 225Hearing of appeals by Judicial Commissioner instead of by Deputy Commissioner
  92. 226Limitation of appeal to Judicial Commissioner or High Court
  93. 227Power to set aside judgement or order passed "ex-parte" by default
  94. 228Order to set aside judgement final, but rejection of application to set aside appealable
  95. 229Application of Rule 22 of Order XLI of the First Schedule to the Code of Civil Procedure
  96. 229ARecovery of arrears of rent under the certificate procedure in certain cases
  97. 230Application of the Indian Limitation Act, 1908
  98. 231General rule of limitation
  99. 232Limitation of suits and applications for grant of leases, etc
  100. 233Limitation of certain suits for ejectment
  101. 234Limitation of suits and applications for arrears of rent
  102. 235Successive suits or applications for recovery of rent
  103. 236Limitation of suits against agents for money, accounts or papers
  104. 237Limitation of applications for recovery of possession of holding
  105. 238Limitation of suits or applications by village headmen for recovery of possession

Chapter XVIII Chapter XVIII →

  1. 239Application of preceding Sections to Mundari khunt-kattidari tenancies
  2. 240Restrictions on transfer of Mundari khunt-kattidari tenancies
  3. 241Transfer for certain purposes
  4. 242Ejectment of persons unlawfully obtaining possession of such tenancies
  5. 243Enhancement of rent
  6. 245Reference of question of title to Civil Court
  7. 246Recovery of arrear of rent by suit where there is no record-of-rights
  8. 247Joinder of parties in proceedings under Section 244 or 246
  9. 248Recovery of money due to the Government or rent due to a landlord
  10. 249Recovery of contributions from co-sharer tenants
  11. 250Entry of Mundari khunt kattidari tenancies in record-of-rights
  12. 251Bar to suits under Section 87
  13. 252Decisions of disputes regarding entries or omissions in record-of-rights
  14. 253Appeal against such decisions
  15. 254Entry of decision in record-of-rights
  16. 255In preparing record-of-rights, judgements, etc., in suits not to be taken as evidence that tenancies are or are not Mundari Khunt-kattidari tenancies
  17. 256Record-of-rights to be conclusive evidence on the question whether a tenancy is a 'Mundari-khunt-kattidari' tenancy

Chapter XIX Chapter XIX →

  1. 257Joint Landlords
  2. 258Bar to suits in certain cases
  3. 259Mode of Service
  4. 260Authentication and payment of costs
  5. 262Deposit of cost of proceedings to be incurred by the Government
  6. 263Production of witnesses and documents
  7. 264Power to make rules to carry out objects of Act
  8. 265Power to make Rules to procedure, on application of the Code of Civil Procedure
  9. 266Publication of Rules in draft
  10. 267Publication and effect of rules and notification
  11. 268Recovery of dues
  12. 269Transfer of cases from one Revenue Officer to another.
  13. 270Control over Deputy Commissioners and Deputy Collectors
  14. 271Saving of special enactments.

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