Modification of Tenancy laws in force in the merged States :Notwithstanding anything contained in the tenancy laws of the merged States as continued in force by virtue ofArticle 4 of the States Merger(Governor’s Province) Order, 1949-

Notwithstanding anything contained in the tenancy laws of the merged States as continued in force by virtue of Article 4 of the States Merger(Governor’s Province) Order, 1949- (a) all suits and proceedings between landlord and tenants such shall be instituted and tried in revenue courts. Explanation-In this clause, the expression “landlord” shall mean a person immediately under whom a tenant holds land, and the expression “tenant” shall mean a person who holds land under another person and is or, but for a special contract would be liable to pay rent for that land to that person. (b) an occupancy tenant shall be entitled- (i) to freely transfer his holding; (ii) to have full right over all kinds of trees standing on his holding; (iii) to use the land comprised in the holding in any manner which does not materially impair the value of the land or render it unfit for the purpose of the tenancy, (iv) to the benefit of his presumption by any Court that the rent for the time being payable by him is fair and equitable until the contrary is proved; Eplanation :– (i) An “Occupancy tenant” means tenant or a raiyat having occupancy right in his holding under the tenancy laws continued in force in this merged States. (ii) An “aboriginal tribe” means any tribe that may, from time to time, be notified as such by the State Government; (c) Where a rent of an occupancy tenant is payable in accordance with the tenancy laws continued in force in the merged State concerned; (d) an occupancy tenant shall not be liable to eviction from his holding except in execution of a degree for ejectment passed on the ground that - (i) he has used the land comprised in his holding in a manner which renders it unfit for the purposes of the tenancy, or (ii) he has broken a condition consistent with the provisions of the tenancy laws in force in the merged State concerned and on breach of which he is under the terms of contract between himself and his landlord, liable to be ejected: (e) the interest of an occupancy tenant in his holding shall on his death pass by inheritance or survivorship in accordance with his personal law; (f) a “sukhabasi” shall be entitled to the rights of an occupancy tenant over his homestead notwithstanding any law or custom to the contrary; Explanation-A “Sukhabasi” means any person holding only homestead whether or not recorded in the settlements paper as “Ghar”, “Bari” or “Gharbari” or a person who is granted land by the Thekadar or by a competent revenue officer for the purpose of using it as homestead. (g) When land is held as service-tenure, either under the Rule or any member of his family, the liability of the holder of such tenure to render service for the use and occupation thereof shall cease, and he shall, on payment of such rent as may be assessed by the (State) Government as fair and equitable, acquire occupancy right therein. (h) When a person holds khamar, nij-jote or any other private lands of a Ruler, which has been recognised as such by the (State) Government, he shall not be liable to ejectment but shall be liable to pay such fair and equitable rent as may be fixed by the Subdivisional Officer having jurisdiction or any other officer not below the rank of Sub-Deputy Collector authorised by the Collector in this behalf and thereupon he shall acquire right of occupancy in respect of such lands: Explanation :-For the purpose of this Section. Subdivisional Officer shall mean the principal revenue officer of a Subdivision.