Recovery of rent and dispute between landlord and raiyat or tenant

Recovery of rent and dispute between landlord and raiyat or tenant -

1. (1) Any claim for recovery of arrears of rent by a landlord and any dispute between a landlord and his raiyat or tenant as the case may be as regards -
   • (a) the quantum of the rent payable; or
   • (b) tenant's possession of the land and his rights to the benefits under this Act ; or
   • (c) the right of the landlord to terminate the tenancy of a tenant under section 14 or the liability of a tenant to cease to cultivate the land under that section ; or ;
   • (d) the existence of the relationship of land-lord and tenant, shall be decided by the Revenue Officer on an application to be filed in the prescribed manner by any party interested:
   • (a) a claim for recovery of arrears of rent, shall be filed within one year from the date on which such arrear falls due ;
   • (b) a dispute referred to in clauses
   • (a) and (c), shall be filed within sixty days from the date on which the dispute arises ; and
   • (c) a dispute referred to in clauses
   • (b) and (d), shall be filed within two years from the date on which the dispute arises: Provided further that in the case of any dispute referred to in clauses
   • (b) and
   • (d) which had arisen prior to the date of commencement of the Orissa Land Reforms (Second Amendment) Act, 1975, an application in respect thereof may, if not filed earlier, be filed within one year from the said date.
2. (2) On receipt of the application under sub-section (1), the Revenue Officer may, after making such enquiry as he deems fit direct the payment of arrears of rent, if any, found due or, determine the quantum of rent under clause
   • (a) or in cases under clauses (b),
   • (c) and
   • (d) thereof order the tenant by a notice served in the prescribed manner and specifying the grounds on which the order is made to cease, to cultivate the land: . Provided that in cases of dispute arising out of a matter mentioned in clause
   • (c) of sub-section
3. (1) of section 14, the Revenue Officer before ordering the tenant to cease to cultivate the land shall decide, if rent had been duly offered and may allow reasonable opportunity to the tenant to pay or deliver to his landlord the rent payable.
4. (3) An order for eviction made by the Revenue officer under sub-section
5. (2) shall take effect on and from the first day of the year next following the date of such order.
6. (4) If any tenant on whom a notice under sub-section
7. (2) has been served does not cease to cultivate the land the Revenue Officer may take such steps as he may deem necessary for the purpose of giving effect to his orders.
8. (5) If after holding enquiry under sub-section
9. (2) the Revenue Officer is satisfied that the tenant was cultivating the land at the date of commencement of this Act or at any time thereafter, and that he is being unlawfully prevented from cultivating such land by his landlord, he may in addition to the penalty that he may impose on the Landlord under section 18, order the landlord by a notice served in the prescribed manner to allow the tenant to enter the land forthwith and to cultivate it as a tenant.
10. (6) If the Revenue Officer is satisfied after such further enquiry as he may deem necessary that the landlord has failed to Comply with his order under sub-section (5), he shall take such steps as may be necessary to put the tenant in possession of the land.
11. (7) Pending final disposal of the dispute under this section, the Revenue Officer may pass such interim orders relating to the appointment of Receivers, for taking charge of the crops, or getting the lands cultivated or restraining the landlord from interfering with the tenant's cultivation of the land or for such other purposes as he may deem necessary or expedient.