The Chota Nagpur Tenancy Act, 1908
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127. Record-of-rights and obligations of Raiyats having Khuntkatti rights village headmen and other class of tenants
(1) The State Government may make an order directing that a record be prepared by a Revenue Officer of the rights and obligation in any specified local area of,- (a) Raiyat having khunt-katti rights, (b) village headman, or (c) any other class of tenants, and that a settlement of fair rents to be paid by such persons or any of them be made. Explanation. - The word "rights", as used in this sub-section, includes the right of a village-headman to hold his office as well as his right to hold land. (2) A notification in the Official Gazette of an order under this Section shall be conclusive evidence that the order has been duly made.
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128. Application of certain Sections
(1) When a notification has been published under Section 127, directing the preparation of a record, the provisions of Section 81, Section 83, Section 84, sub-sections (1) and (2), and Sections 39 to 96, so far as they may be applicable, shall apply as if such records were referred to in those Sections. (2) When any such notification directs that a settlement of fair rents be made, the provisions of Section 85, sub-sections (3), (4) and (5), Section 86, Section 89, and Sections 95 to 97, so far as they may be applicable shall apply to such settlement as if it were a settlement referred to in those Sections.
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129. Notice of entries to interested persons
At the time of the final publication of a record prepared by a Revenue Officer under this Chapter that officer shall cause a copy of the entries therein to be served in the prescribed manner, on all persons interested in such entries, so far as such persons can be ascertained.
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130. Suits to decide disputes as to entries in or omission from record
(1) Where there is a dispute regarding the correctness of any entry made in a record prepared under this Chapter, or regarding any incorrect omission therefor on a suit may be instituted before a Revenue Officer at any time within three months from the date of the certificate of the final publication of the record. Provided that in any suit under this Section, the Revenue Officer shall not try any issue which has been, or is already, directly and substantially in issue between the same parties or between parties under whom they or any of them claim, in proceedings for the settlement of rents, where such issue has been tried and decided, or is already being tried, by a Revenue Officer acting under Section 86 in proceedings instituted after the final publication of the record. (2) In all suits under this Section, the Revenue Officer shall, subject to any rules made in this behalf under Section 264, adopt the procedure laid down in Chapter XVI for the trial of suits before the Deputy Commissioner. (3) An appeal shall lie, in the prescribed manner and to the prescribed officer, from the decision of the Revenue Officer in such suits.
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131. Note of final decisions in record
A note of all decisions under subsection (1) of Section 133 and of all decisions on appeal under sub-section (3) of that Section shall be made in the record prepared under Section 127 and such note shall be considered as part of the record.
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132. Evidential value of entries
When a record has been finally published under Section 128, or amended under Section 131, the entries made therein shall in every suit, application or proceeding to which the landlord or a tenant or any person claiming to be the landlord or as tenant is a party be conclusive evidence of the rights and obligations of the tenants to which such entries relate and of all the particulars recorded in such entries.
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133. Revenue-Officer to have regard to origin and nature of tenancy and status of tenants
In making inquiries under this Chapter into the rights and obligations of tenants the Revenue Officer shall have regard to the origin and nature of each tenancy and the real status of the tenant, notwithstanding that the tenant may have been described in any document as a Thikadar or temporary lease holder or in any other similar terms.
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134. Exclusion of unrecorded lands from category of khunt-katti lands
When a record-of-rights and obligations of Raiyats having khunt-katti rights has been prepared under this Chapter for any local area, no lands in such area, which are not entered in such record, shall be recognised as lands in respect of which khunt-katti rights can be acquired.
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