The Assam (Temporarily Settled Districts) Tenancy Act, 1935
###### ASSAM ACT II I OF 1935

T H E ASS AM (T EM PO R A R IL Y -S ETTLED D IS T R IC T

A C T , 1935*

###### [As Modified up to 13th September, 1963]

[Pubfshed in the Assam 'Toee/lr of the 2nd October 1935]

###### CONTENTS

CH APTER I

Preliminary _ri_ U m L ''

Se ctions

,?..Tta/4k. o? .

1 Short title. ia < ' or’SetXj’j

Com men ce men t.

                                  - A                                   - ' &

2 Local exte nt.

3 Definitions.

C H A PT E R II

C lasses of tenants

♦-•At -1 n.'Sfl

4 Classes o f t en an ts.

C H A PTER III

P r iv il e g e d _Raiyats_

5 _Raiyals entitle ! to ho ld at ?. rate of re nt no t exceed ing trie reve nu e_

ra ter a t -

6 Com m uta tion of “ bhog” or-service.

7 Rights in resp ec t of use ct la nd an d in trees.

8 O bligation to pav r nt.

9 Protec tion from ev ictio n.

10 Dev ol ut io n on dea th .

11 Right of trans fer.

12 R ig ht of su ble ttin g.
♦* * »

♦K o- S ^a lc.iv nt o f Obi . is and Reasons, _see_ _Assam Gazette,_ 1934, Part V , page 48 •

fo r Proceedings io Council, see Assam Ca stle, 1934. Part V I, pages 93/. 1193-1 198, _tssam_

_Gazelle, 1935, i art V I, pages m .l , 717-710. 1923-1047, IO 7I-IIO 5; 1130-1166,_ 1180-1206    - fo r

lteporW ol' Select Com m itte e, rrr zltram _Gazelle, 1935, Part_ V , pages 52-112, pages 138i>13y,
153.

, ;        - . ; X - < ?

[ P. ice 62 nP. or 11 d.]

. = — =[ X]


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2

CH APTER IV

O ccupancy _Raiyats_

Sections

           - 13 Acquisition of occupancy rights.

I ncidents of O ccupancy rig ht

14 Rights in respect of use of land.

15 Right in trees.

16 Obligation to pay rent.

17 Protection from eviction.

18 Devolution on death.

19 Right of transfer.

20 Right of subletting.

21 Restriction on enhancement of rent.

22 Enhancement b y contract.

23 Enhancement by application to Court.

24 Rules as to enhancement on ground that rent is much below the

maximum rate.

25 Rules as to enhancement on ground of landlord’s improvement.

26 Rules as to enhancement on ground of increase in productive

powers due to fluvial action.

27 Enhancement to be fair and equitable.

28 Power to order progressive enhancement.

29 Lim itation of right to file successive enhancement applications.

CH APTER V

N on-occupanncy _Raiyats_

30 Application of chapter.

31 Initial rent.

32 Condition of enhancement of rent.

33 Grounds on which a non-occupancy _raiyat may be ejected._


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3

ions

34 Power to order progressive enhancement and ejectment refusal

to agree to enhancement ordered.

35 Application for restitution.

36 Incidents of holding.

37 Subletting.

CH APTER VI

UNDER-IfatVdfJ

38 Liability to pay rent.

39 Grounds on which _undcr-raiyat may be ejectea._

40 Power to order progressive enhancement.

41 Application for restitution.

42 Incidents of holding.

43 Subletting.

CH APTER VII

General P rovisions as to rent

44 Lim itation of rent.

45 Presumption as to amount of rent and conditions of holding.

46 Alteration of rent on alteration of revenue rate.

47 Reduction of rent of holdings in temporarily-settled estates.

48 Reduction of rent of holdings in estates other than temporarily

settled.

49 Alteration of rent on alteration of area.

50 Instalm ents of rent.

51 Re nt receipts.

52 Penalty for withholding ren t receipts by landlord and for frivolous

applications by tenants.

53 Effect of receipt of registered proprietor, landholder, ^manager or

mortgagee.


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4

D eposit o r rent

Sections

54 Application to deposit rent in court.

55 Receipt gran ted by court for ren t deposited to be a valid acqu it­

tance.

56 Procedure for payment to the landlord of rent deposited.

Arrears of ren t

57 Liability to sale for arrears of privileged _raiyal’s or occupancy_

_raiyat’s holding._

58 Ejectment for arrears in oth er cases.

59 Interest on arrears.

60 Power to award damages on rent withheld without reasonable

cause, or to defendant improperly sued for rent.

L iab ility for ren t on change of landlords or after transfer of

**HOLDING**

61 Tenant not liable to transferee of landlo rd’s interest for rent paid

to former landlord without notice of the transfer.

M erger

62 Effect of acquisition of privileged _raiyal’s or occupancy raiyat's right_

by landlord.

I rregular transfer of holdings

63 Transfer in contravention of the Act to Ire voidable and forfeiture of

offending tenant’s interest.

I llegal cesses, etc .

64 Penalty fot exaction of sum in excess of the rent lawfully payable. X '

CH APTER VIII **4,**

M iscellaneous provisions as to landlords and tenants

Ejectment

65 Ejectm ent in execution of a decree.

I mprovements

56 Definition of “improvement”.

67 Right to make improvements.


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5

Sections

68 Registration of landlord’s inp rov em ents.

69 Com pensation for tena nt ’s improvements.

70 Principle on which compensation is to be estimated.

**ACQU ISITION** **OF HO LDING BY LA NDL ORD**

71 Acquisition of land by landlord.

Surrend er and Abandonment

72 Su rren de r

73 Abandonment.

  -
rt D ivision

74 Division of tenancy not bind ing on co-sharer tenants or on landlord

without consent.

M easurement

75 Landlord’s rig ht to measure land.

76 Power of Revenue Court to order tenant to attend and point out

boundaries.

77 Te na nt’s right to have the land measured in certain circumstances.

78 Standard of measurement.

CH AP TE R IX

P repara tion and M aintenance of R egord-of-R ights

79 Power to order preparation of record-of-rights for tenants.

80 Particulars to be recorded.

81 Preliminary publication, amendment and final publication of record -

of-rights.

82 Certificate of, and presumption as to final publication, and presum p­

tion as to correctness, of lecord-of-rights.

83 Appeal to, and revision by, superior authorities.


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Sections

84 Expenses of proceedings under this Chapter.

85 Power to direct maintenance of record-of-rights.

86 Procedure on app lication for registration or on information received

otherwise.

87 Application to set aside order directing the registration.

CH APTER X

J udicial Procedure

88 Matters exempted from cognizance o f Civil Court.

89 Date from which ord er fixing or altering rent takes effect.

90 Jurisdiction of the Civil Court.

91 Power to modify Civil Procedure Code in its application to landlord

and tenant suits

92 Procedure in rent suits.

93 Set-off in suits for arrears of rent.

94 Payment into court of money admitted to be due to third person.

95 Payment into court of money admitted to be due to landlord.

96 Provision as to payment of portion of money.

97 Court to grant receipt.

98 Appeals.

99 Lim itation of appeal.

100 Procedure of Appellate Court on appeal.

101 Suspension of orders appealed against. a

102 Power to call lor proceedings of subordinate officers.

103 Appeals in rent suits. ,

104 Deposit on app lication to set asit e _ex-parte decree-_
105 Relief against forfeitures.

106 Rights of ejected tenants in respect of crops and land prepared for

sowing.


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CHAPTER XI

Summary procedure for the R ecovery of R ents under the

Bengal Public D emands R ecovery Act, 1913

Sections

107 Recovery of arrears of ren t under the certificate procedurer in

certain areas.

108 Passing o f holding sold in execution of certificate.

CH AP TE R XII

Sale for arrears under decree

109 Sale of holding of a privileged _raiyat or of an occupancy_ _raiyat 'for_

atrears of rent.

110 General powers of purchaser as to avoidance o f incumbrances.

111 Protected interests.

###### 112 Meaning of‘‘incumbrance” and “arrears” and “arrear of rent”.

113 Application for sale o f holding.

114 Combined order of attachm ent and proclamation o f sale to be

issued.

115 Sale of holding with power to a^oid all incumbrances and effect

thereof.

116 Procedure for annulling incumbrances under this chapter or under

the Public Dema nds Recovery Act.

117 Rules for disposal of the sale proceeds.

118 Holding to be released from attachm ent only on payment into court

of amount of decree with costs, or on confession of satisfaction

by decree-holder.

119 Inferior tenant paying into court may deduct from rent.

120 Decree-holder may bid at sale : judgm ent-debtor may not.

121 Application to set aside sale.

122 Sale when to become absolute or be set aside, and return of pur­

chase monev in certain cases.


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8

CH AP TE R X II I

C ontract and custom

Sections

123 Restrictions on exclusion of Act by agreement.

124 Saving of custom.

CH AP TE R XIV

L imitation

125 Limitation in suits, appeals and applications in Schedule I.

126 Portions of the Indian Limitation Act not applicable to such suits

etc., mentioned in Schedule I.

CH APTER XV

Supplemental

127 Penalties for illegal interference with produce.

128 Power to make rules.

129 Power to invest officers with special powers.

130 Revenue Court or Revenue Officer may transfer aoplications or

other proceeding for disposal to any Revenue Court or officer
subordinate to it or him.

131 Sale of holding of privileged or occupancy _raiyat for recovery of_

loan granted under Land Improvem ent Loans Act, 1883, etc.

Schedule I, Part I—Suits.

Part II—Appeals.
Part III—Applications.


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TH E ASSAM 'TE MPO RA RILY -SET TL ED DIS

TRIC TS) TENA NCY ACT, 1935

_An Act to regulate the relations of_ _Landlord and Tenant in_

_the temporarily-settled districts of the_ _Province of Assam_

Whereas it is expedient to regulate by law the Preamble,

rights and liabilities of agricultural tenants and their
landlords in certain lands in the province of Assam not
included in any permanently -set tied estate ;

  - Geo Ch And whereas the previous sanction of the Govern-

61 ; 6 and 7 or-General has been obtained under sub-section (3) of
Geo. 5. Ch. section BOA of the Government of India Act to the
3?; and lo passing of this A ct:
Geo. 5, Ch.,

It is hereby enacted as follows:—

CH APTER I

P re liminar y

1. (1) This Act may be called the Assam (Tem- Short title

porarily settled Districts) Tenancy Act, 1935.

(21 It shall come into force on such date as the Commenee.

[State Governm ent][1 ] may, by 2 notification, appoint in ment.

this behalf.

2. (1) Th e Act does not apply to—

_(a) lands included in any_ Reserved Forest con- Local exten t

stituted under the law for the time being
in force ;

_(b) lands acquired under the_ Land Acquisition

I of 1894, Act, 1894, for [any Government] [5] or any
Local Authority or for a Railway or other
Com pany, when and for so long as such
lands are utilised for the purposes for which

they were acquired or for purposes

incidental or ancillary thereto ;

1. Substituted by the A.O. 1950 for “ Provincial G overnment” .

2. Substituted by the A.O. '937 for “the Government”.


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(«) land owned by [the Government]-[1 ]* or by

any Local Authority which is used for any
public work, such as road, canal, drain or
embankment or is set aside for the repair
or maintenance of the same ;

(a?) lands expressly reserved from settlement, by

[any Government]? or by officers of [the

Government][1] , duly empowered in that
behalf, for military purposes or for profes­
sional graziers or for a public purpose, such
as glazing grounds, recreation grounds,
burial or cremation grounds ;

(e) lands included in a civil station ; _ft_

_( f )_ lands—other than agricultural lands—situ­

ated within any area outside civil stations ;

_(g)_ lands comprised within estates settled for

special cultivation when, and for so long
as, such lands are used for the purposes of
special cultivation or for purposes ancillary
thereto ;

_Explanation.—_ This sub-clause includes lands settled

for the cultivation of tea under the rules in force from
time to time such as fee simple grants, revenue redeem­
ed grants, 30 years’ grants under the New Lease
Rules [though now assessed with full revenue] [3]

and lease for special cultivation under settlement

rules framed from time to time under the Assam Land . f

and Revenue Regulation. °                -

(A) lands settled for ordin aty cultivation but

utilised for special cultivation or for pu r­
poses ancillary thereto, when, a n d b rs o
long as. they are so utilised ;

(t) lands settled on annual leases.

1. Substituted by the A.O. 1950 for “ the Crown” .

2 ‘ Substituted by the A.O. 193" for “ the Government” .

3. Inserted by the Assam (Tcmporary.Settletcd Districts) Ter,an Amendment)

Act, 1953 (Assam Act XXVII ofl953.J


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(2) Subject to I he above mentioned exceptions,

the Act extends to :—

(а) The districts of Kamrup.—

Nowgong.             - * * i

Sibsagar.

Darrang.

Lakliimour.

(б) The Sa dr and Hailakandi subdivisions ol

the district of Cachar.

(3) The [State Government]2[1] may, by notification,

extend the whole or any pa rt of the Act to any

[other] [3] temporartily-settled area in other districts :
♦ • *1

Provided that no such notification shall be issued

unless—

            - [4] a notice, intimating the proposed exten

sion of the Act or par t thereof, has been
previously published in the area concerned
or pa rt thereof in the prescribed manner,

                    -                    -

3. In this Act, unless there is anything rep ugnant Definitions,

in the subject or context,

(1) The words “estate,” “civil station,” “ tem po­

rarily-settled escate,” “ land revenue,’’ “ proprietor,”
“landholder” and “ settlement-holder” have the

1 of 1886, meanings assigned to them in the Assam Land and

Revenue Regulation, 1886 ; the expressions “annual
lease,” “ periodic lease,” “special cultivation” and
“ordinary culti' ation” shall have the same meaning as
is assigned to them in the rules framed under the
aforesaid Regulation. “Revenue Officer,” “Settle­

ment Officer” and “ Assistant Settlement Officer” con­
note the i fficers described as such in, or appointed

under, the Assam Land and Revenue Regulation ;

(2) “Revenue Court” means the Court of the

Deputy Commissioner, Settlement Officer, or of such
other officer as the [State Government][2] may invest
with the powers of Revenue Court for the purposes of

this A ct;

1. Omitted by the Assam (Temporarily-Settled Districts) Tenancy (Amendment! Aet
jy53 (Assam Act XX VII n f l 9 5 3). raent; Act.

2. Substituted by the AO 1950 for “ Provincial Government.’*
3. Inserted by Assam Act, XX VII of 1953. »

4. Number (i) an d item (ii) deleted by Assam Act, X X V ll of 1953.


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(3) “ tenant” means a person who bolds land

under ano ther person, and is, or bu t for a special
contract—express or implied—would be, liable to pay
ren t for that land to that other person :

Provided that a person who holds land immediate­

ly under the [Government][1] is not a tenant within
the meaning of this definition ;

_'^Explanation:—A person who holds land on con­_

dition of service to a temple or religious institution
shall be deemed to be the ten ant of the manager of
such temple or religious institution.

(4) “landlo rd” means a person imm ediately

under whom a ten ant holds but does not include [any
Governme nt] [2] .

(5) “ rent” means whatever is lawfully payable or

deliverable in money or kind or partly in money and
partly in kind bv a tenant to his landlord on account
of the use or occupation of land held by the te nant;

(6) means articles of food required by

custom to be offered to a deity ;

(7) “ pay” , “ payable ” and “ paym ent” used with

reference to rent, include “deliver’’, “deliverable” and
“delivery” ;

(8) “ holding” means a parcel or paicels of land

or an undivided share thereof, held by a ten ant and
forming the subject of a separate tenancy ;

(9) “Agriculture” includes horticulture ;

(10) “ agricultural lan d” means land used for

agricultural purposes;

NOTE-—Land und er homesteads occupied for residential

purposes in connection with an agriculture: holding is included in
“agricultural land.”

<?

(11) The term “settled” used with reference to

a land or an estate means leased by, or on behalf of,
the [Government.]!

**1. Substituted by the A. O. 1950 for “ Crown” .**

**2. Substituted by the A. O. 1937 for “ the Government” .**


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(12) “agricultural year” means the year beginning

on the first day of _Bysakh and ending with the last_
day of _Chaitra._

(13) (a) “ revenue rate” means in respect of every

parcel of land in an estate settled tem porarily at full
rates, the rate at which revenue is for the year actually
payable to Government upon that parcel of land ;

(Z») In the case of land in an estate settled other­

wise than at full rates, it means the rate at which
revenue would for the year be actually payable to
Government on land of similar quality and advantages
in an estate temporarily settled at full rates under the
rules for the time being in force ;

(14) “Notification” means a notification published

in the [Official Gazette]*.

(15) "Village” means the are a surveyed as a

village at the last resettlement of the district or the
pa rt thereof in which the area lies ;

(16) “ Prescribed” means prescribed by rules

framed under this A ct;

[(17) ‘Maximum ren t or rate of ient’ of agricul­

tural holdings or part thereof, held on cash rent means
a sum repiesenting three times the revenue rate.

Where agricultural holdings or pa rt thereof are held
on produce rent, “maximum rent” means one-fourth

of the actual produce thereof]? .

CH APTER II

C lasses of tenants

4. There shall be, for the purposes of this Act, classes of

the following classes of tenants, (namely):— tenants.

(1) _Raiyats, that is to say, tenants holding_

imm ediately under a proprietor, land­

holder or settlement-holder, and

(2) Under-raiyafr, that is to say, tenants

holding under _raiyats ;_

**1.** **Substituted by the A. O. 1937 for “Assam G azette.”**

**2.** **Substituted by Assam Act X XVII of 1953.**


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**14** s

and the following classes of _raiyats (namely) :—_

(«) Privileged _raiyats, that is to say,_ _raiyats_

entitled to hold atra'es of rent not exceed­
ing the revenue rates,

(6) Occupancy _raiyats, that is to say,_ _raiyats_

having a right of occupancy in the land
held by them, and

(c) Non occupancy _raiyats, that is to say,_ _raiyats_

not having such a right of occupancy.

CH AP TE R III

P rivileg ed _Raiyats_

_Raiyats cr.-_ 5, (i) Subject to the provision of sub-section (2),

Id a a °r at e [a r a] ^' [a t w] ^ ° ^ [a s] land ^o r a continuous period of

Of rent not not less than [12] [1] years—
exceeding
the revenue tj) O n a [ rate of rent never exceeding the]

r a tc ‘ revenue rate, or

(«) at half the revenue rate in addition to

service to be rendered by him, or

(tit) on payment of "bhog”

shall be deemed to be raiyai entitled to hold th at land
at a rate of rent never exceeding the revenue rate.

(2) Notwithstanding the provisions of sub-section

(1), no person holding land under a concern engaged

in special cultivation shall acquire, or be deemed to
have acquired, the status of a privileged _raiyat in_
respect of such land, if it was first leased to him. or to
his predecessors in interest at a time when he or they
formed pa rt of the labour force of the concern in
question.

(3) For the purposes of this section the period o

[12] I years may be wholly or partly before or after
the commencement of [the Assam (Temporary-Settled
Districts) Tenancy (Amendment) Act, 1953] 2.

1. Substituted by Assam Act X X V II of 1953 for “ 20” .

2. Substituted by _ibid for “ this Act” ._


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(4) Fo r the purposes of this section a person

shall be deemed to have held as a _raiyat any land_
he'd as a _raiyat at a rate of rent never exceeding the_
revenue rate by a person whose heir or successor in
interest he is.

6. (1) A privileged _raiyat holding lan d on pay-_ Commuta-

ment of _“bhog" or rend erng service in addition to_ tion of _bhog_
paying cash rent at h a lf the revenue rate or, if the or service.

_raiyat has babitua ly defaulted in the payment of his_
customary ren t or the r rdering of oust mary service,

the land lord of such _raiyat, may apply to the Re­_

venue Court to have the payment of _“bhog" or the_
combined cash rent and service commuted to rent at
the revenue rate. The Court shall, on receipt of such

application, issue notice on the landlord or the _raiyat_

fas the case may be) and, on hearing wh at he has to

say, pass orders allowing or rejecting the application.

**(2)** Before allowing or rejecting such applications

the Court shall have regard to—

(t) the purpose for which the tenancy was ori­

ginally granted,

(it) the extent to which that purpose has been

achieved under existing conditions,

(tit) the period for which the tenancy has been

in existence,

(it») the extent to which the proposed commu­

tation will interfere with the purpose for

which the tenancy was created,

(») whether in respect of any land in the estate

concerned the landlord has accepted com­
mutation of ren t in the past an 1 if so un­

der what circumstances, and

(at) any other circumstance wh ich, in the opin­

ion of the Court, is calculated to affect
adversely or favourably the interests o f the
landlord or of the tenant in respect of such
land.

7.(1) A privileged _raiyat may use the land in_ Rights in

his holding in any manner which does not materially respect of use
impair the value of the land or tender it unfit for the ll ncI anfl

purposes of the tenancy. ,n tr ces-

(2) Subject to the provisions of sub-section (1), a

privileged _raiyat shall be entitled—_

(t) to plant,


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(») to enjoy the flowers, fruits and other pro­

ducts of,

_(iii) to fell, and_
_(tv) to utilise and dispose of the tim ber of,_

any tree on such land; provided that in doing so he
does not contravene the provisions of any law :

Provided furthe r that he shall not be entitled

without the landlord’s consent in writing to fell, utilise
or dispose of the tim ber of any tree which stood on

the holding before the creation of the tena nc y When

the tenancy is over 20 years old, all trees standing on
the land shall be presumed, until the contrary is
proved, to have been planted or to have begun to
grow during the tenancy.

Obligation g. privileged _raiyat shall pay ren t for his holding_

to pay rent. a l t j,e customary rate and if the service, if any, to

be rendered by him or payment of _“bhog” to be_
made by him, be com muted, then at the revenue
rate.

Protection 9. A privileged _raiyat shall not be ejected by his_

from cvic- ia n t Ho r d from his holding except in execution of a

decree for ejectment passed on the ground that he
has used the land comprised in his holding in a man­
ner which renders it unfit for the purposes of the ten­

###### ancy.

Devolution 1®* a pri vileged _raiyat dies intestate in respect of_

on death. his holding, it shall, subject to any custom to the

contrary, descend in the same manner as oth er im­
movable prop erty:

Provided that in any case in which under the law

of inheritance to which the _raiyat is subject his oth er_
property goes to the [Government] [1], his right in the
holding shall be extinguished.

Right of 11 A privileged _laiyat shall have an unrestricted_

transfer. right of transfer in respect of his holding, bu t no

transfer shall be bin ding on the landlord until a writ­
ten notice thereof has been given to the landlo rd :

Provided that the right of a privileged _raiyat hold ­_

ing under a religious institution such as a temple,

Sat ra or ntosque shall be restricted to transfer to per­
sons belonging to the same religion as the institution

              - n which the ownership of the land is veste d.][2]

R [. ] h [ o([. ] 12. A privileged _raiyat shall have a right of sublet-_

subletting. ’ ting his holding or any part of it to persons to whom

he could validly transfer it under section 11.

1. Substituted by A. O. 1950 for “Crown” .

2. Substituted by Assam Act XXVII of 1953.


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CH APTER IV

###### OCCUPANCY R a y a h

13. (1) A person, who— Acquisition

of occupancy

[•*                                         - *J1_ rights

(6) for a period of 12 years [* * * *]* has

continuously held land as a _raiyat, shall_
have a right of occupancy in that land.

###### (2) The period of [* * *] [1] 12 years [* * * ]i

referred to in sub-section (1) may be wholly or partly
before or after the com mencement of | the Assam

(Temporary-Settled Districts) Tenancy (Amendment)

###### 1

Act, 1953][2] .

(3) A person shall be deemed, for the purposes

of this section, to have continuous^ held land under

#### « a landlord notwithstanding that the particu’ar land ­

lords under whom he held the land were different
at different times provided the land held by him was
the same.

###### (4) A person shall be deemed, for the purposes

of this section, to have held as a _raiyal any land held_
as a _raiyat by a perron whose heir he is._

(5) If a _raiyat recovers possession of his holding_

under the provisions of section 35 or of any other
law in force, any period during which he may have
been out of possession shall count towards the periods
specified in sub-section (1).

(6) For the purposes of this section, a person

who, under the system generally known as "adhi”,
_“barga"_ an d _“bhag,”_ cultivates the land of

another person, on condition of delivering a propor­

tion of the crop to that person, is not a _raiyat:_

Provided th at the holding of the land under

such a system shall not be deemed to break the
continuity of the period for which the said cultivator,
or his heir or the person whose heir the cultivator
is, holds or held the land otherwise than under such
a system.

4

_[Illustration— When a_ per on holds land as a

_raiyat, say, for seven years, then under the system_

mentioned in this sub clause for four years, and there­

after again for a further term as a _raiyat, occupancy_
right shall not accrue unless such further term extends
to a period of not less than five years.][8] .

1. Ommilted by Assam Act X XVII of 195 J.
2. Substi uted by ibid for “ this Act”,
3. Substituted by Assam Act, XX VII of 1953. **_i_**


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I ncidents of occupancy righ t

Rights in 14. When a _raiyat has a right of occupancy in_

r «P cc‘ °f u »e respect of any land he may use the land in any

°* [a n] ' manner which does not materially impair the value
Of the land or render it unfit for the purposes of the
tenancy.

Right in 15. Subject to the provisions of section 14, when

tr ce5' a _raiyat has a right of occupancy in respect of any_
land he shall be entitled—

(») to plant,

(it) to enjoy the flowers, fruits and other

products of,

(tit) to fell, and
(itt) to utilise and dispose of the tim ber of,

any tree on such land:

Provided that in doing so he does not contravene

the provisions of any law :

Provided furthe r that he shall not be entitled

without the landlo rd’s consent in writing to fell,

utilise or dispose of the timber of any tree which
stood on the holding before the creation ol the
tenancy. When the tenancy is over 20 years old all

trees standing on the land shall be presumed until
the contrary is proved, to have been planted or to
have begun to grow during the tenancy.

Obligation 16. An occupancy _raiyat shall pay rent for his_

to pay rent, holding at fair and equitable rates:

Provided that in case of dispute the rate previ­

ously paid by a _raiyat shall be deemed to be fair_
and equitable unless the contrary be shown in a Court
of Law.

Protection _^7- An occupancy_ _raiyat shall not be ejected by_

from cvic- his landlord from his holding, except in execution of
tion . a decree for ejectment passed on the ground:—

&

(a) that he has used the land comprised in

his holding in a manner which renders it
unfit for the purposes of the tenancy, or

(Z>) that he has broken a condition of his

tenancy consistent with the provisions of
this Act, and on the breach of which he
is, under the term s of a contract between
himself and his lan dlord, liable to be

ejected:


-----

**19**

Provided that no occupancy _raiyat shall be liable_

to ejectment under [-] sub-clause _(b) il die. contract has_
been entered into after the passing of this Act, and
has not been registered.

18. IfaraiyaZ dies intestate in respect of a right Devolution

of occupancy it shall, subject to any custom to the [o n d e a tl]>*

contrary, descend in the same manner as other
immovable pro perty:

Provided that in any case in which under the

law of inheritance to W'hich the _raiyat is subject his_
other property goes to the [Government] [l ], his right 2

of occupancy shall be extinguished.

[19. An occupancy _raiyat shall have unrestricted_

right of transfer in respect of his holding but no
transfer shall be binding on the landlord until a e ’

written notice thereof has been given to the land lord :

Provided that the right of an occupancy _raiyat_

holding under a religious institution such as temple,
Satra or mosque shall be restricted to transfer to
persons belonging to the same religion as the institu­
tion in which the ownership of the land is vested.

20. An occupancy _raiyat shall have right_ of R ; h t f

sublettii.g his holding or any part of it to persons to subletting,
whom he could validly transfer it under section 19.] [a]

21. Where the occupancy _raiyat pays his rent in_ restriction

money, the ren t shall not be enhanced except a s [o n] enhance-
provided by this A ct. rTn"*

22. The money rent of an occupancy _raiyat may Enhance-_

be enhanced by contract subject to the following y

conditions:—

(а) the contract must be in writing and

registered,

(б) the ren t must not be enhanced so as to

exceed by more than [three annas] [3] in the
rupee the ren t previously payable by the
_raiyat, and_

(e) the rent fixed by the contract shall not be

liable to enhancement during a term of 15
years from the date of the contract

provided as follows:—

(i) Nothing in clause (a) shall prevent a landlord

from recovering ren t at a rate at which it has been
actually paid for a continuous period of no t less than
three years im mediately preceding the period for which
the ren t is claimed,

1. Substituted by A. O. 1950 for “ Crown” .
**2.** Substituted by Assam Act, XX VII of 1953,
**3.** Substituted by _ibid hr “ four annas” ,_


-----

20

(«) Nothing in clause _(b} shall apply to a contract_

by which an occupancy _raiyat binds himself to pay_

an enhanced rent in consideration of an improvement
which has been or is to be effected in respect of the
holding by or at the expense of his landlord and to
the benefit of which the _raiyat is not otherwise_

entitled ; but an enhanciment fixed by such a

contract shall be payble only when the improve­
ment has been effected, and except when the _raiyat is_

charged with default in respect of the improvement
only-so long as the improvement exists and substan­
tia lly produces its estimated effect in respect of the

holding.

Enhance- 23. 1 he landlord of a holding held at a money

mcnt by rent by an occupancy _raiyat_ may, subject to the provi­ F

so C ourt° " s *o n s Ac t, apply to the Revenue Court for

the enhancement of the rent on one or more of the

following grounds, namely:—

r

(a) that the rate of rent paid by the _raiyat is_

much below the maximum rate of rent for

the lands comprised in the holding and

that there is no suffic’ent reason for his
holding at so low a rate ;

(&) that the productive powers of the land held

by the _raiyat have been increased by an_

improvement effected by or at the expense
of the landlord during the currency of the

present rent ;

(c) that the productive powers of the land held

by the raiyat have been increased by fluvial

action.

e n h a n c e - 24. When an enhancement is claimed on the

ment on ground mentioned in section 23(c), in determining

**_rent "s^much whether there is sufficient reason for the_** _raiyat holding_

below [m i]tbe [a t] ^ [l e] existing low rate of rent the Court shall have
maxi mum regard to the general level of rents paid by occupancy

rate. _ratyats for lands of similar description and with similar_

advantages in the neighbourhood and all the circum­
stances of the case such as the origin of the tenancy, the
amount of land held under the landlord on produce
rent, the incidental benefits or advantages, if any,

derived from the raiyat by the landlord and any special

circumstance to which the existing low rate of rent may

be due. The Court shall not decree an enhancement

unless there is substantial difference between the rate
paid by the _raiyat and the maximum rate of rent._


-----

21

' 25. (1) Where an enhancement is claimed on the Rules as to

ground of a landlord's improvement— 1 e nment ^ a n c eon"

ground of

(a) the Court shall not g rant an enhancement landlord’s

unless the improvem ent has been registered unprovc-
in accordance with this Act ; ment.

1 (6) in determining the amount of enhancem ent

the C:mrt shall have regard to—

(t) the increase in the productive powers

of the land caused or likely to be caused
by the improvement,

(it) the cost of the improvement,

(iii) the cost of the cultivation required for util­

ising the improvement, and

(if) the existing rent and the ability of the

land to bear a higher rent.

(2) 7 he Court my enhance the rate of rent but

not so as to exceed the maximum rate of rent calcu­
lated on the revenue rate assessable on the land had
the improvement taken place before the last resettle­
ment of the village and affected its classification for
the purpose of assessment.

(3) An order under this section shall, on the appli­

cation of the tenant or his successor in interest, be sub­

ject to reconsideration in the event of the improvement

not producing or ceasing to produce the estimated
effect.

26. Where an enhancement is claimed on the Rules as to

ground of an increase in produc'ive powers due to flu- [enhancement ]

on ground

vial action— of increase

in produc­

(c) the Court shall not take into account any tive powers

due to fluial

increase which is merely temporary or

action.

casual ;

(6) the Court may enhance the rate of rent but

not so as to exceed the maximum rate of
rent calculated on the revenue rate assess­
able on the land had the improvement due
to fluvial action taken place before th e last
resettlement of the village.

27. Notwithstanding anything in sections 24—26 Enhancb.

the Court shall not in any case order any enhancement [I]P'[n l to] he
which is, under the circumstances of the case, unfair or
inequitable.


-----

**22**

Power ti 28. If the Court ordering an enhancement consl-

grejiive^cu - ^ [c r s t , l a t l] ‘[l e] >m m e < 3ia t e enforcement of the order to its

hancement. fi’U extent will be attended with hardship to the _raiyat,_

it may direct that the enhancement shall take effect
giadually at such times and by such instalments over
a period not exceeding 10 years as the Court may »

fix in this behalf. _i_

#### I

For the purposes of section 29, however, the full

rent shall be deemed to have come into force from the
date of the order.

L im itation 29. An application filed for the enhancement of

of right to the rent of a holding on the ground that the ren t paid
file succe«- js be low th e maximum rate of rent shall not be enter-
ment"appH^"[t a] *n c < ^ ihe fifteen years next preceding the _3_

cation*. filing of the application, the rent ol the holding has
been enhanced by a contract made after the year 1934

or an order has been passed under this Act enhancing
the rent on the ground aforesaid, or on any ground ffi
corresponding thereto or dismissing the application

on the merits.

###### CHAPTER V

NON OCCUPANCY _RAIT ATS_

. .. . [30. This Chapter applies to _raiyats who have no t_

of chapter- a cq u *r e d th e fights either of a privileged _raiyat or of an_

occupancy raiyat and who are in this Act referred to

as non-occupancy ratyats.JA

Initial rent. When a non-occupancy _raiyat is admitted to_

the cccupation of land, he shall become liable to pay
such rent as may be agreed on between himself and
his landlord at the time of his admission.

, dit'on of r e n t ° f a non-occupancy raiyat shall not

enhancement he enhanced except by a written agreement,
of ren t.
Grounds on _$3- & non-occupancy_ _raiyat shall, subject to the_

which a non-PfovtS'[0118] of this Act, be liable to ejectment on one or

occupan c y more of the following grounds, and not otherwise,
_raiyat_ may namely

be cbjected.

(a) On the ground that he has used the land in

a manner which renders it unfit for the

purposes of the tenancy or that he has bro­
ken a condition consistent with this Act
and on the breach o f which he is, under
the terms, of the contract between himself
and his landlord, liatle to be ejected ;

1. Substituted by Assam Act XX VII of 1553,


-----

23

(A, on the ground that he has failed to pay an

arrear of rent ;

(tf) On the ground that he refuses to agree to **a**

fair and equitable enhancement o f rent ;

_(d) when he holds the land under a written_

1 ease on the ground that the term of the
lease has expired ;

(<) when he holds the land otherwise than

under a written lease, on the ground that
the tenancy has been terminated by his
landlord by six months notice in writing

.expiring at the end of the agricultural year :

Provided that a non-occupancy _raiyat who has_ at

the commencement of [the Assam (Temporary-Settled
Districts) Tenancy (Am endment) Act, 1953][1] held the
land continuously for not less than [five years] [5] shall
not be liable to ejectment on the ground specified in
clause (/) unless the landlord has satisfied the Court
that he requires the land for his homestead or for cul­
tivation by himself or by members of his family or by
hired servants or labourers. po
34. (1) In a suit for ejectment on the ground of or<J* [er] prC°

refusal to agree to enhanced rent, the Court may, if g r e s s ive en­
it considers that the imm ediate enforcement of the hancement

enhancement proposed by the landlord will be [a n d ] eJec‘

attend ed with hardship to the non-occupancy rtiyaf, re fus> i to

direc t that the enhancement shall take effect gradually agree to

at suclrtitnes and by such instalments as the Court enha n c e-
may fix in this behalf. ™en t o rd e r

(2) If the plaintiff does not agree to the mode of [c]

enhancement as directed by the Court the suit shall be

dismissed. If on the other hand he agrees to it, he

shall within a week tender in the prescribed manr.er

to the _raiyat a draft of an agreement to pay the_
enhanced ren t as determined by the Court. If the

_raiyat fails to execute the agreement as tendered_ and

file it in the Court within one month from the date of
its tender, the Court shall grant a decree for ejectment.

35. Where a non-occupancy _raiyat has been ejected_ Application

tn the circumstances mentioned in proviso to section tio n
33, he may apply to the Co urt by which the order for
ejectment was passed to be pu t in possession of the
holding from which he was ejected by way of restitu­
tion if, w ithin [two years][5] of the ejectment, the land

lord sublets the holding or any portion thereof ; and
thereupon the Court may, if satisfied after enquiry
that ti **e landlord did not use the land for his homes­**
tead or for cultivation by himself or bv members of his
family or by hired servants or labourers, order a reco­
very of possession on sueh terms, if any, with respect
to compensation to the persons injured as to the Court
may seem just

          - 1 Substituted by Assam Act XX VII of 1953 for ‘‘ tbit Act”[-]

2 Substituted by ibid for “ len years”

3 Substituted by ibid for ‘‘three years”


-----

_24_

Incidents of 36. A non occupancy holding shall descend in

holding. t h e same manner as other immovable oroperty but

shall not be transferable without the consent in writing
of the landlord.

Subletting. 37 . In the absence of a lease conferring on him

the right of subletting, a non-occupancy _raiyat shall_

have no right to sublet without the consent in writing
of the landlord.

###### CHAPTER VI

UNDSR-/L4/2S4 TS

ft

. . . ... 38. Subject to the provisions of this Act an under-

pay^rinL ° _raiyat is fable to pay such rent as may be agreed on_

from time to time between himself and his landlord

[but it shall not exceed, in any case, the rent paid by
his immediate landlord to the latter’s landlord by
more then fO p-r cer.t.][1]

„ , 39. An under-rajjat shall, subject to the provisions

which under [o l] this Act, be liable to ejectment on one or more of

_raiyat may_ be the following grounds and not otherwise, namely :—

ejected.

_(a) on the ground that he has used the land_

in a mann.'r which renders it unfit for the
purposes of the tenancy or that he has
broken a condition consistent with this Act

and on the breach of which he is, under
the terms of the contract between himself
and his landlord, liable to be ejecred ;

(Z>) on the ground that he has failed to pay an

arrear of rent;

(c) on the ground that he refuses to agree to a

fair and equitable enhancement of rent ;

(</) on the ground, when he holds the land

under a written lease, that the term of his
lease has expired;

1 Inserted by Assam Act XXVII of 1953


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25

(<?) on the ground, when he holds the land

otherwise than under a written lease, that
the tenai cy has been terminated by his
landlord by six months’ notice expiring at
the end of the agricultural year:

Provided that.an _under-raiyat, who at the common_

cement of [the Assam (Temporary-Settled Districts)

Tenancy (Am endment ) Act, 1953 ] ’ held land [* *][s]
continuously for not less than [five years]23[1], shall not be

liable to ejectm ent on the ground specified in clause

(«) unless the landlord has satisfied the Court th at he
requires the land for his homestead or for cultivation
by himself or by members of his family or by hired
servants or labourers.

40. In a suit for ejectment on the ground of refusal power to

to agree to enhancement, the Court may, if it consi- order pro-

ders that the immediate enforcement of the en ha nc e-S [re ,i v c ] cn"

ment proposed by the landlord in its full extent will [h a n e n] *en U

be attended with hardship to the under-raiyat, dismiss
the suit unless the plaintiff agrees to such progressive
enhancement as the Couit may consider equitable.

41. Where an _wnder raiyai has been ejected in the_ Application

circumstances mentioned in the proviso to section 39, he I°[r] restitu-
may apply to the Court by which the order for eject- [t] ‘[o n] '
ment was passed to be put in possession of the holding
from which he was ejected by way of restitution if,
within three years of the ejectment, the landlord sub­
lets the holding or any portio n thereof ; and thereupon
the Court may, if satisfied after enquiry that the

landlord did not use the land for his homestead or
for cultivation by himself or by members of his family
or by hired servants or labourers, order a recovery of

possession on such terms, if any, with respect to com ­
pensation to the persons injured as to the Court may
»eem just.

1 Substituted by Assam Act X XVII of 195 for “ this Act” .

2 The'words “ under a privileged raiyat” omitted by ibid.

33’ Substituted by’ibid for “ ten years”


-----

2 6 _

Incidents ot 42. Th e holding of an _under-raiyat shall descend_

holding. in the same manner as other immovable property but

shall not be tra nsferable:

Provided that the holding of an _nndcr-raiyat_

[***]4 shall be transferable to a co-sharer in the hol­
ding or to a person who, if he survived the under-
_raiyat, would inherit his right._

Subletting. 43. An under-ratyaf has no right of subletting.

CH AP TE R VII

**GENERA! PROVISIONS AS TO RENT**

44. Except as provided for in sections 25 and 26

JL.i imitation
_of rent._ no rent agreed on between landlord and tenant or

enhanced by Court shall exceed the maximum rent in
respect of the land ; nor shall any such am ount which
is in excess of the maximum rent be law fully payable.

Presump- 45. If a question arises as to the amount of a ten­

don as to an t’s re nt or the conditions under which he holds in
rent [U n t] and [a n y] agricultura l year, he shall be presum ed, until the

conditions contrary is shown, to hold at the same rent and under

of holding, the same condition as in the last preceding agricultural

year.

Alteration c a s e s where (a) revenue rates are for the

of rent on first time made payable in respect of the land covered

alteratio n of by a holding or (Z>) the revenue rates payable in res-

r: venue rate p e c t o f the land covered by a holding are diminished

or increased whether by remission or by alteration of
previous rates, the ten ant’s ren t shall be liable to be
altered fairly and equitably with reference to such
rates .

Notwithstanding anything in the contract between

the parties, a Revenue Court acting on the application
of the landlord or the tenant filed before the end of the

agricultural year in the course of which revenue rates
become for the first tim e payable or are altered and

the Court of the Deputy Commissioner or Settlement
Officer acting of its own motion, may older remission
for the period for which the landlo rd receives the
benefit of remission or alter the rates of rent (as the
case may be) accordingly.

1 The words “held under a privileged raiyat” omitted b\

Assam Act XX VII of 1953.                  -


-----

###### 27

 47. (1) Any tenant holding land in a temporarily- Reduction
 settled estate to which this Act applies may apply to .°*
 the Court of the Deputy Commissioner for the reduc- ‘n g s .. ‘n
 tion of his rent, on the grou nd - ' s S  "

estates.

###### (») that the soil of the holding has, during the
 J tenancy on the present rent, become per­
 manently deteriorated without the fault of
 i
 the tenant, and

 («) that his landlord has obtained, or is entitled
 to obtain, on that account a reduction
 in the revenue payable in respect of the land covered by the holding.

 (2) On receipt of such an application, the Court
 shall, in the manner prescribed, make a local enquiry or have a local enquiry made by the Sub-Deputy Col­ lector in charge of the area, wherein the land in ques­ tion lies, to determine whether the tenant is entitled to a reduction.

 (3) When, after such enquiry, the Court holds
 that the tenant is entitled to a reduction of his rent, the Court may—notwithstanding an>thing in any con­ tract between the parties—direct such reduction of rent as it thinks fair and equitable.

 48. (1) Any tenant holding land in an estate other
 than a temporarily-settled estate may apply to the of Court of the Deputy Commissioner for reduction of his holdings in rent on the ground— estates other
than tempo­

rarily-settled.

###### (2) that the soil of that land has during the
 tenancy on the present rent become perma­ nently deteriorated without the fault of
 the tenant, and

 (ii) that the tenant would have been entitled to
 relief under section 47 had the estate in which his holding lies been a temporarily- settled estate.

 (2) On receipt of such application the Court shall
 proceed as if an application undersection4 7 had been received and the Court shall make a local enquiry or have a local enquiry made by the Sub-Deputy Collec­ tor in charge of the local area wherein the land inques­ tion lies in order to determine whether the tenant is entitled to a reduction of rent.


-----

(3) When after such an enquiry the Court holds

that the tenant is entitled to a reduction of rent, i-
may, notwithstanding anything in the contract bett
ween-the parties, direct such red uction of rent as it
hink3 fair an d equitable.

**Alteration** n ) Every tenant shall—
**of rent** **on** **' '** **’**

**alteration of**
**area.**

(a) be liable to pay additional rent for all land

proved by measurement to be in execs

ol the area for which rent has been pievi-
ously paid by him ; and

(i) be entitled to a reduction of ren t in respect

of any deficiency proved by measurement
to exist in the area 01 his holding as com­
pared with the «area for which rent has
been previously paid by him .

(2) Where a landlord or ten ant is able to indicate any

particular land as being in excess or in deficit, the rent
to be added or abated (as the case may be) may be cal­
culated with reference to the rates payable by a tenant
of the same class for lands of a similar description and
with similar advantages in the vicinity. Where on the

oth er hand, a landlord or tenant is unable to indicate

any particular land as being in excess or in deficit, the
ren t to be added or abated (as the case may be) may

be calculated at the average rate of rent paid on all
the lands of the holding exclusive of such excess area.

**Instalments** **50.** (I) Subject to agreement or established usage

**•f rent.** money tent shall be payable in instalments similar to

those prescribed or ordered from time to time for the
payment of r *venue of the parent estate except that
an instalment of rent shall be payable a fortnight
earlier than the corresponding instalment payable by
his landlord :

Provided that the ten ant may pay or ten der the

rent payable for the year at any time during the
year before it falls due.

(2) An instalment or pa rt of an instalment of rent

not duly paid when it falls due shall be deemed to be
an arrear.


-----

51. (1) Every tena nt who makes a pay ment on Rent ie

account of rent to his landlord shall be entitled to ceipis.
obtain forthwith from the landlord a written receipt

signed by the landlord or his authorised agent.

(2) The [State Government] 4 may, by notifica­

tion, prescribe the form of the receipt to be given and
require a landlord or any particular class of landlords
to p repare and retain a counterfoil of the receipt.

(3) In the absence of a notification under the last

preceding clause, it will be sufficient for the receipt
to show :—

(a) the tena nt’s name ;

_(b) the annual rent of the holding_ ;

(c) the am ount paid ;

(</) the year or years on account r f which pay-

me m ade ;

(«) the name of the persons making the

payment and the date of payment ;

( / ) a description of the holding sufficient for

its identification.

(4) If the receipt does not contain substantially

the particulars required by this section, it shall be
persum ed, until the contrary is shown, to be an

acquittance in full of all demands for rent up to the
date on which the receipt was given.

52. (1) A landlord who, without reasonable Penalty lor

cause, refuses or neglects to gran t a receipt for the r^ ‘[h] rh“1cd 'n®

amount of ren t paid by his tenant may, on the appli-

# cation of the ten ant to the Revenue Court within three and for fri-

' months of the date of such payment, be ordered by the volous ap-

Court to pay as compensation to the ten ant such sum P[li cat 1] ° ° *

not exceeding double the am ou nt or value of the rent [by] ‘"‘ h”’

paid as the Court thinks fit.

1. Substituted by the A .O., 1950 for “ Provincial Government”.


-----

30

(2) If, in the course of the enquiry, it appears to

the Court that the tenant has made an application
under this section frivolously or without reasonable
cause, the Court m ay award to the landlo rd by way of
damages such sum not exceeding double the amount
or value of the ren t paid or alleged to have been paid
as the Court thinks fit.

(3) Any sum awarded as compensation or

ft

damages under this section shall be recoverable as an
arrear of land revenue.

53. Where rent is due to the pro prietor, land-

receip t of bolder, manager or mortgagee of an estate, the

r c g i s tr ed receipt of the person whose name has been registered
pro pricto r , in the general registers maintained under Chapter IV
landholder., of the Assam Land and Revenue Regulation as pro- **i** of 1886,

mcrt^gee°[r] P[r] l[e t o r]           - landholder, manager or mortgagee of th at

estate, or of his agent authorised in th at behalf, shal(
be a sufficient discharge for the rent due to such pro
prietor, landholder, manager or mortgagee, and the
person liable tor the ren t shall not be entitled to plead

in defence to a claim by the person so registered that
the rent is due to any third person ; but nothing in
this section shall affect any remedy which any such
third person may h >ve against the registered proprie­

tor, landholder, manager or mortgagee.

D eposit of R en t

to'dcposiV'o" ^4. 1° [a n] Y °f following cases, namely—

re nt in court

(c) When the landlord refuses to accept any

instalm ent of rent payable in cash when
tendered to him by a tenant, or

when the tena nt entertains a _bona fide doub_

as to who is entitled to receive the rent
payable in cash,

the tenant may apply, in the manner prescribed, to
the Revenue C ourt for permission to deposit in the
Court a sum not less than the amount then due and »»

the Court shall receive the deposit if it appears after
examning the applican t that the application is made
in goiod faith and on reasonable grounds and if the
applicant pays in case _(a)—_ the prescribed cost of trans­
mission of the money deposited to the landlord and in
case (&)—th e fee chargeable for the issue of the notice

referred to in section 56 in addition to the prescribed

cost of transmission of the rent deposited.


-----

31

55. The Court receiving th - deposit shall give a R e c e i p

receipt for it under its seal. The receipt so given shall

operate as an acq uittance of the amount of rent pay- rent deposited
able by the tenant and deposited as aforesaid in the to be a valid

same m anner ar.d to the same extent as if that amount acquittance,
of rent had been received by his landlord.

56. (1) Th e Court receiving the deposit shall in Procedure

case (a) of section 54 forthwith forward the same by f° [r] paymen t
postal money ord er to the address of the lan dlord ; in

case _(b) of tha t section it shall forthwith cause to be deposited_
affixed in a conspicuous place at the court house a
notification of the receipt thereo f and shall cause

notice to be served on every person who, the Court

« has reason to believe, claims or is entitled to the

de po sit; the Court may pay the amount deposited as
rent to any person appearing to the Court to be so
entitled or may retain it pending the decision of the

   - Civil Court or to the person so entitled.

(2) If no paym ent is made under sub-section (1)

before the expiration of three years from the date on
which a deposit is made, the amount deposited may,
in the absence of any order of the Civil Co urt to the
contrary, be repaid to the depositor upon his a pplica­

tion, and on his retu rning the receipt given by the
Court when the rent was deposited.

(3) No suit or other proceeding shal be instituted

against the [Governm ent]' or against any officer of the

[Government] [1] in respect of anything done by a court
receiving a deposit under section 54, but nothing in
this section shall prevent any person entitled to
receive the amount of any such deposit from recover­
ing the same from a person to whom it has been paid
under this section.

A rrears of R en t

57. When a tenant is a privileged raiyat or an L ia bility

occupancy _r liyat. he shall not be liable to ejectment_ °of

for arrears of rent, but his holding shall be liable to privileged
sale in execution of a decree for the rent thereof and _raiyai’s or_

the rent shall be the first charge thereon. oecupancy
_raiyai’s hold-_

-----------------------------------------------------------------------------------ing.

1. Substituted by the A .0 .1950 forj“ Crown”>


-----

###### 32
 *5

Ejectment 58. (1) When an arrear of rent remains due from

###### other'eases?* [a t e n a n t n o t] being a privileged raiyat or an occupancy
 raiyat, at the end of the agricultural year the landlord
 may, whether he has obtained a decree for the reco­ very of the arrear or not and whether he is entitled by the terms of any contract to eject the tenant for arrears or not, institute a suit to eject the tenant.

 (2) In a suit for ejectment for an arrear or rent, a
 decree passed in favour of the plaintiff shall specify
 the amount of the arrears and of the interest (if any) due thereon ; and the decree shall not be executed if that amount and the cost of the suit are paid into Court within thirty days from the date of the decree or, if the Court is closed on the thirtieth day, on the e
 day on which the Court reopens.

 The Court may for special reasons extend the
 period of thirty days mentioned in this section.

Interest on 59. An arrear of rent shall bear simple interest at

arrears. the rate of 9 j per cent per annum from the expiration
###### of that quarter of the agricultural year in which the instalment falls due to the date of payment or of the institution of the suit for the recovery of the arrear, whichever date is earlier.

Power to 60. (1) If in any suit brought for the recovery of

award da- the arrears of rent it appears to the Court that the

ra a g e s on defendant has, without reasonable or probable cause,
rc"d without [n ( ,]S[1(]-[c t e d o r ] [r e] btsed to pay the amount of rent due by
reasonable[11]1 h' m , the Court may award to the plaintiff, in addition

cause, or to to the amount decreed for the rent and costs, such

defendant damages not exceeding 25 per cent of the amount of

improperly rued for r e n t [ dec re ed as it thinks f it:]
se nt.

###### Provided that interest shall not be decreed when
 damages are awarded under this section and provided also that where damages are awarded—

 (?) the amount of such damages shall not be
 less than the interest accruing up to the date of the institution of the suit, and

 (») interest on the arrear may be awarded from
 the date of the institution of the suit up to the date of payment at such rate as the Court directs.


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33

(2) If, in any suit brought for the recovery of

arrear of rent, it appears to the Court that the plaintiff
has instituted the suit without reasonable or pro bable
cause, the Court may award to the defendant, by way

of damages, such sum not exceeding 25 per cent on
the whole amount claimed by the plaintiff as it
thinks fit.

Liability for rent on change of landlords ok

AFTER TRA NSF ER OF HO LD ING

61. (1) A ten ant shall not, when his landlo rd’s t r Jbi"[3] " [1] tn °

interest is validly transferred, be liable to the transferee transferee of
for ren t which be ta r e due after the transfer and landlord’s

wss paid to the landlord whose interest was so tran- *n tc re s.t

sferred, unless the transferee has, before the payment r[e n] *[pai]>d L°

given notice of the transfer to the tenant. io r u with­

out notice of

the transfer.

(2) When a privileged _raiyat or an occupancy_

_raiyat validly transfers his holding, the tsansferor and_
the transferee shall be jointly and severally liable to the
landlord for arrears of rent due before the transfer.

M erger

62. When the landlord of an occupancy or privi- Effect of

leged _raiyat's holding is a proprietor, lan dhold er or set-_ acquisition
tlem ent-holder and the entire interests of the landlord
and the _raiyat in the holding become united in the "occupancy_
same person by transfer, succession or otherwise, such _raiyat’s righ_

person shall have no right to hold the land as a _raiyat_ [b] y landlord
bu t shall hold it as a proprietor, landholder or settle­
ment-holder, as the case may be ; but nothing in this
sub-section shall prejudicially affect the rights of any

third person.

I rregular T ransfers of H oldings

63. If any holding or part of a holding be tran- Transfer in

sferred in contravention of the provisions of this Act, tion^l^the
such transfer shall be voidable at the option of the Act to be


-----

Voidable and landlord and the offending tena nt’s entire interests in

offc n d^ln ^[l e] hid in g shall be liable to be forfeited ; and the

tenant’s in landlord may within 3 years of the transfer bring a
terests. suit for recovery of possession of the entire interests of
such ten ant in the holding and shall be entitled to a
decree for ejectment of such tenant or his transferee
and any person claiming under either of them:

Provided that when the Court is satisfied that the

transfer f*                 - *J1 was m ade in good faith, the Court s

may, in lieu of ejectment, grant such other relief as
may w ith due regard to the landlord’s interests to it
seem suitable.

I llegal C esses, et c.                        -

Penalty for _64. Every tenant from whom, except under any_

exaction of special enactment for the time being in force, any sum
s u m in 0 | money or any portion of the produce of his land is

excess of tHe exacted by or on behalf of his landlord in excess of the

p*yable. [U] ? [r c n t o r] >n t e r e s t lawfully payable and every tenant

whose holding is assessed at maximum rates of rent
and from whom service is exacted by or on behalf of
his landlord in excess o f the rent or interest lawfully
payable may, within six months from the date of the
exaction, institute a suit to recover from the landlord,

in add ition to the amount or value of what is so
exacted, such sum by way of penalty, as the Court

thinks fit, not exceeding Rs. 100.

CHAPTER VIII

_Miscellaneous provisions as io landlords and tenants_

Ejectment

9

Ejectment

in execution 65. No ten ant shall be ejected from his holding
ef a decree. except in execution of a decree.

1. The words “ of a priviledged raiya t’s rig ht’’ omitted by

Assam Act XX VII of 1953.


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35

Improvements

66. (1) For the purposes of this Act, the term Definition

“ improvement” used with reference to a holding, of“ improve-
shall mean any work which adds to the value of the [m e n t]”-
holding, which is suitable to the holding and con­

sistent with the purpose for which it was let, and
which, if not executed on the holding, is either

executed directly for its benefit, or is, after the
execution, made directly beneficial to it.

(2) Until the contrary is shown, the following

shall be presumed to be improvements within the

meaning of this section :—

_(a) The construction of wells,_ tanks, water

channels or oth er works for the storage,
supply or distribution of water for the
purpose of agriculture or for drinking or
for the use of men and cattle employed in
agriculture.

_Explanation.—Such construction on agricultural land shall not_

be deemed to impair the value of the land or to render it unfit for
the purposes ol tenancy.

(Z>) The drain age, rec lam ation from rivers or

other waters or protection from floods, or
from erosion or other damage by water, of
land used for agricu tural purposes or

waste land which is culturable.

(c) The erection of a dwelling house for the

ten ant and his family together with all
necessary out offices.

(3) But no work executed by the tenant of a

holding shall be deemed to be an improvement for
the purposes of this Act if it substantially diminishes
the value of his landlord’s property,

67. (1) Neither the tenant nor his landlord shall, Right to

as such, be entitled to prevent the other from making [m a k e ] im *

an improvement in respect of the holding except on P[ro v e m e n ts]*

the ground that he is willing to make it himself.

(2) If both the ten ant and his landlord wish to

make the same improvem ent, the tenant shall have
a prior right to make it unless it effects another hold­
ing or other holdings under the same landlord.


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36

S t f s t f s 6 S - <‘ > [A] may, by applica’ion to such

imp r o v e- [r e v e n u e] °ffi [c e r a s] the [Stale Government][1] may

ments. appoint for a particular area, register any improve­

ment which he has lawfully made or which has been
lawfully made at his expense.

(2) The application shall be in such form, shall

contain such information and shall be verified in such
manner as the [State Government] [1] from time to

time prescribes.

(3) The officer receiving the application may

reject it if it has not been made within twelve

months—

(c) in the case of improvements made before

the commencement of this Act from the
commencement of this Act,

(f>) in the case of improvements made after the

commencement of this Act from the date
of the completion of the work.

(4) If the application is not rejected under the

foregoing clause the officer shall issue notice on the
tenant concerned, take such evidence as may be

adduced by the landlord and the tenant, and make a
local inquiry.

(5) Improvements effected before the commence­

ment of this Act shall be deemed to be improvements
made in accordance with this Act and such of them as
pertain to holdings lying in estates settled for ordinary
or special cultivation otherwise than at full rates of
revenue shall, until the contrary is proved, be presumed
to have been made by tenants.

(6) The officer shall refuse to register the

improvement unless it is proved that the improvement
was effected by, or at the expense of the landlord.

Compenn* 69. (1) Every tenant who is ejected from his

tion for te- holding shall be entitled to compensation for improve-

nant’s uh- m ents which have been made in respect thereof in

provements. a c c o r dance with this Act by him, or by his predecessors

in interest, and for which compensation has not
already been paid.

^Substituted by the A.O . 1950 for “ Provincial Government” ,


-----

# r 37

' (2) Whenever a Court makes a decree or order

for the ejectment of a ten ant it shall determine the
amount of compensation (if any) due under this section
to the tenant for improvements, and shall make the
decree or order <.f ejectment conditional on the pay­
ment of that amo unt to the tenant.

(3) No compensation under this section for an

improvement shall be claimable where the tenant has
made the improvement in pursuance of a contract or
under a lease binding him, in consideration of some
substantial advantage to be obtained by him to make
the improvement without compensation, and he has
obtained that advantage.

70. (1) In estimating the compensation to be principle on

awarded under section 69 for an improvem ent, regard **which com-**
shall be had— **ps wation is**

**to be estima­**

**ted.**

(a) to the amount by which the value, or the

produce, of the holding or the value oi

that produce is increased by the improve­
ment ;

(Z>) to the condition of the, improvement and

the probable duration of its effects ;

(c) to the labour and capital required for the

making of such an improvement ;

(</) to any reduction or remission of rent or any

other advantage given by the landlord to
the tenant in consideration of the improve­
ment ; and

(e) in the case of a reclamation or of conversion

of unirrigated into irrigated land, to the

o length o f time during which the tenant has
had the benefit of the improvem ent at an
unenhanced rent.

(2) When the amount of the compensation has

been assessed, the Court may, if the landlord and the
tenant agree, direct that, instead of being paid wholly
in money, it shall be paid wholly or partly in some

other way.


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38

Acquisition of H olding by L andlord

Acquisition 71 . (1) The Court of a Deputy Commissioner

of m a y o n a Ppl*c a t >o n °f the landlord of a holding,

an or . a n [j ] o n [ being satisfied that he is desirous of acquiring ]
the holding or part thereof for some reasonable and
sufficient purpose having relation to the good

of the holding or of the estate in which it is comprised,
or for any religious, educational or charitab le purpose,
authorise the acquisition thereof by the land lord upon
such conditions as the Court may think fit, and require
the tenant to sell his interest in the whole or such part
of the holding to the landlord upon such terms as may #

be approved by the Court including full compensation
to the ten ant.

(2) An appeal shall lie to the District Judge

against any order passed by the Deputy Commissioner
under this section.

Surrender and Abandonment

Surrender. 72 .(1 ) A _raiyat not bound by a lease or other_

agreement for a fixed period may, at the end of the
agricultural year, surrender his entire holding.

(2) But notw ithstanding the surrender, the raiyat

shall be liable to indemnify the landlord against any
loss of th e rent of holding for the agricultural year
next following the date ol the surrender unless he gives

to his landlord at least three months before his surren­

der, notice of his intention to surrender.

(3) The _raiyat may, if he thinks fit, cause the_

notice to be served through the Revenue Court.

(4 ) When a _raiyat has surrendered_ his holding,

the landlord may enter on the holding and either let
it to another ten ant or take it into cultivation himself.

(5) When a holding is subject to an incumbrance

or when there is an _under-raiyat on the holding or part_
thereof, the surrender of the holding shall not be valid
unless it is made with the consent of the landlord and
the incumbrancer or the under-raiyat as the case may
be.


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39

(6) Save as provided in sub-section f5) nothing

in this section shall affect any arrangement by which

a _raiyat and his landlord may arrange for the surrender_
of the whole or a pa rt of the holding.

73. (I) If a _raiyat_ or _under-raiyat voluntarily_ **Abandon-**

abandons his usual residence in the village or the m e n t-

neighbourhood without notice to his landlord and,
without arranging for payment of his rent as it falls
due, ceases to cultivate his holding, either by himself
or by some other person, the landlord may, at any
time after the expiration of the agricultural year in
which the _raiyat or_ _undcr-raiyat so abandons and cea­_
ses to cultivate, enter on the holding and let it to
anoth er tenant or take it into cultivation himself.

(2) Where the whole or a part of a holding has

been sublet, the landlo rd shall, before entering under
this section on the holding, offer the whole holding to
the sub-'essee for the rem ainder of the term of the

sub-lease at the rent paid by the _raiyat who has ceased_
to cultivate the holding, and on condition of the
sub-lessee paying up all arrears due from th at _raiyat._
if the sublessee refuses or neglects within two months

to accept the offer, the landlord may avoid the sub­
lease and may enter on the holding and let it to
anoth er tenant or cultivate it himself.

D ivision

74. A division of a holding or distribution of the **Division of**

rent payable in respect thereof, shall not be binding n °„

on the co-sharer tenants unless it is made w th their **co-sharer**

consent or on the landlord unless it is made with his tenants **or**

_i._ express consent in writing. **°** **[n]** **, landlord**
**without con­**
**sent.**

M easurements

75. Every tenant shall be bound to attend and **Landlord’s**

point out the boundaries of all lands held by him [r i]Sh t to

under his landlord and the landlord may subject to fen [d* ][V ][rc]

the provisions of this section and any contract, perso­
nally or by agent, enter on and measure all such
lands


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40

Provided that such measurements shall not, with­

out a written order of the Revenue Co urt, take place
oftener than once in five years except in the following

cases, namely :—

(a) Where the landlord is a purchase r other­

wise than by a voluntary transfer and not
more than two years have elapsed since
the date of his entry under the purchase,
or

(/;) where the are a of the tenancy is liable by

reason of alluvion, diluvion or any other

cause, to vary from year to year.

(2) The five years shall be com puted from the

date of the last measurement, whether made before or
after the commencement of this Act

Power of W When a landlord decides to measure any

Revenue land which he is entitled to measure under section 75

Co urt to he may, if he finds that any person occupying the

orde r tena nt land obstructs him in so doing or any tenant bound to
and point a t t e n £ l a n c l P°’n t out the boundaries refuses or neglects

out bounda- [t o] do so, apply to the Revenue Court to make an
ties. order diiecting such person to permit the measure­

ment, or such tenant to attend and point out the
boundaries, as the case may be.

(2) The Court may cause a notice to be served

on such person or ten ant requiring him to show cause

why the order applied for sh mid not be made and if

the person or tenant (as the case may be) fails to

show cause or if the cause shown is in the opinion of
of the Court, unsatisfactory, the Court m ay make the

order.

(3) If the tenant refuses or neglects to comply

with the order, a map or other record of the bounda­
ries and measurements of the land prepared under

the direction of the landlord at time when the tenant

was directed to attend, shall be presumed to be cor­
rect until the contrary is shown.


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41

77. A ten an [f] may apply to the Revenue Court Tor Tenant’s

the correct measurement of such portion of his hold- 6^[11]

ing as does not form entire cadastral plots in the )anc j m e a [. ]

village map and land records prepared and main- sured in cer-
tained under the authority of the [State Govern- t«>n circuro-

men t]|. tance*.

The Court on the deposits of prescribed fees and

after notice to the landlord, shall arrange lor the
correct measurement of the area by a Revenue Officer
not belo <v the rank of a Sub;Deputy Collector.

The correct measurement shall thereupon be

entered in the _raiyat's record-of-rights (if any) main­_
tained.

78. Every measurement of land made under the Standar

_£_

provisions of this Act shall be made by the standard of mcasure-
_bigha adopted by the Government in the cad astral_ [ra e a t]-

survey of the [State] 234[1] .

CHA PTE It IX

Pre pa ra tion (w her e a settleme nt of land reve nu e

IS NOT BFI NG MA E) AN D MAIN TENANCE OF

R ecord of R ight s of [T enants] [3]

79. (1) he [State G overnment] [1] may, where a Power fa

settlement <>f land revenue is not being made, at any order prep»

lime mate m order in the case of any local area, r f ~

estates or part thereof directing that >• record-of-rights rig h ts fo r

—with or without Survey—for [all or any class or tenants,
classes of tenants] [3] be prepared by a Revenue Officer.

(2) A notification in the official Gazeste of an

order under this section shall be conclusive evidence
th at the ord er has been duly made.

(2) The survey shall be made and the record of-

rights prepared in accordance with rules made in this
behalf by the [State Government][1]

80. Where an order is made under section 79, Particular

the particulars to be recorded shall be specified in the [t0] record-

order and may include either without or in addition [c] •
to other paiticulars, s >mc or all of the following,
namely:—

[(«) the name of each tenan t] [1].

(Z>) the class to which the [te nant][5] belon gs;

(c) the area and situation of the land held by

the [tenants] [5] ;

1. Substituted by the A. O. 1950 far “Provincial Govern

ment” .

2. Substituted bv A. O. 1950 for “ Province”.

3. Substituted by Assam Act 1 of 1943 for “Priv'IIcged

Raiyats and Occupancy Raiyats” .

                  - . Substituted by ibid for original clause (a .

5. Substituted by ibid.


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42

(«?) the name of each [ten ant’s] r lan dlo id ;

(<?) the ren t payable at the time the record-of-

rights is being prepared ;

_( f ) the mode in which that rent has been fixed_

wheth er by contract, by order of a

court, or otherwise ;

_(g) if the rent is a_ gradually increasing rent

the time at which and the steps by which
it incr, ases ;

(A) the special conditions and incidents, if any,

of the tenancy ;

_(i) any right-of-way or other easement attach"_

ing to the land for which the record-of-
rights is being prepared :

Provided that, if lands are not used for purposes

connected with agriculture, it shall be sufficient to
record th at fact together with such particulars as may
be prescribed.

Preliminary 81 . (1) Where a draft record-of-rights has been

publication, prepared the Revenue officer shall publish the draft in
amendment the prescribed mann-.r and for the prescribed period,
bHcation [P]of [a n] ^ [s] haU receive and consider any objections which
record-of- may be made to any entry therein, or to any omission

rights. therefrom, during the period of publication.

(2) Where such objections have been considered

and disposed of according to such rules as the [State
Governm ent]2[1] may make, the Revenue Officer shall

finally frame the record and shall cause it to be finally
published in the prescribed manner and the publica­
tion shall be conclusive evidence that the r cord has
been duly made under this chapter.

Certificate 82 . (1) Where a record-of-rights has been finally

           - f and pre- published under section 81, the Revenue Officer shall,

sumption as within such time as the [Sta te Gov rnmen t] [2] may by

blicadon[1]1 ' general or special order, require, make a certificate

and pre-stating tf e fact of such final publication and the date »

sumption as thereof, and shall date and subscribe the same with
to correct- jjis name and official title.
Bess of re-

toid-ofrights. ^2) certificate of final publication, or, in t ie

absence of such certificate, a certificate signed by the
Deputy Commissioner o f a district in which the estate,
or pa rt thereof to which the record-of-rights relates is
situate, stating that a record-of-rights has been finally

published on a specified date shall be conclusive proof
of such publication and of the date thereof.

1. Substituted by Assam Act I of 1943 for “ Raiyat’s”.

2. Substituted by A.O. 1950for “ Provincial Government” .


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43

(3) The [State Government]’ tuay, by notifi­

cation, declare, with regard to any estate, that a
record-of rights has been finally published in the

village in which the estate is situate and such notifi­
cation shall be conclusive proof of such publication.

(4) In any suit or other proceeding in which a

record-of-rights prepared and published under this

chapter or a duly certified copy thereof, or extract

therefrom, is produced, such record-of-rights shall be
presumed to have been finally published unless such

publication is expressly denied.

(5) Every entry in a record-of-rights finally pu­

blished shall be evidence of the matter referred to in

    - such entry, and shall be presumed to be correct until

it is proved by evidence to be incorrect.

83. (I) An appeal, if presented within two Appeal to

months from the date of the order appealed against, jV1 r(jvi'

shall lie to the Deputy Commissioner Irom every superior [y]

order passed by a Revenue Officer prior to the final authorities
publication of the record-of-rights on any objection

made. The orders of the Deputy Commissioner shall,

subject to the following sub-section, be final.

(2) The [State Government]! may in any case,

on application or of its own motion, direct the revision
of any record-of-rights or any portion of a record-of-
righ ts :

Provided that no such direction shall be made

    - until reasonble notice has been given to the parties
concerned to appear and be heard in the matter.

1. Substituted by the A.O. I95O for “ Provincial Govern­

ment’’.

/


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44

Expenses {54, (i) When the preparation of a rccord-of-rights

in g^ u'nder ^ [a s] be en [u n f] ler taken under this chapter, the expenses
this chapter incurred in carrying out the provisions of this chapter

in any estate or part thereof (including expenses that

may be incurred at any time, whether before or after
the preparation of the reeord-of-rights, in the main­
tenance, rep air or restoration of boundary marks or
other survey marks erected for the purpose of carrying
out the provisions of this chapter), or such part of those
expenses as the [State Government]4 may direct,
shall be defrayed by landlords, [and ten ants] [2] in that
estate or part in such proportion and in such instal­
ments (if any) as the [State Government][2]-, having
regard to all the circumstances, may determ ine.

(2) The portion of the aloresaid expenses which

any person is liable to pay shall be recoverable as an
arrear of land revenue.

(3) The cost of preparing copies of survey maps

and record-of-rights under this chapter for distribution

c

to landlords, [and tenants] [2] shall be dem ed to be
pa rt of the expenses incurred in carrying out the
provisions of this chapter.

Power to- 85. The [State Government] [1] may make an

direct mains o rc ie r directing that the rccord-of-rights in any district,
record-of- _l°cal area, estate or class of es'ates prepared under_

rights. Chapter II I, Part D, ol the Assam Land and Revenue I of 1986
Regulation or under this chapter shall be maintained,

so far as the interests of [tenants of any class or
classes][2] are concerned, by registering all changes in
the ownership accompanied by possession of such
interests.

Procedure 86. When an order is made under section 85 the

on applica- £)CpU ty Commissioner or an officer invested with the
giitradonm- powers of Deputy Commiss oner under sections 50 to
on informa- 54 of the Assam Land and Revenue Regulation who I of 1886

t ion recciv- receives information through an application or other-

ed °t^ [c r]             - vvise of any change in the ownership and possession

W1SC’ of any such interest as is referred to in the foregoing
section may make an order directing the registration of

the name of the person so entering into ownership and
possession:

1. Substituted by the A. O. 1950 for ‘‘Provincial Government” .

**_2. Substituted by Assam Act I of 1943 f°[r] “ priviledged raiyats_** and occupancy

Raiyats” .

S. Substituted by ibid fo r‘‘privileged raiyats and occupancy raiyats” .


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45

Provided that—

(«) the inform aticn has been verified by local

enquiry made by an officer having the
powers of Deputy Commissioner under

I of 1886 sections 50 to 54 of the Assam Land and
Revenue Regulation ; or

(Z>) notice has been published and enquiry held

in a manner similar to that prescribed by

1 of 1886 sections 52 and 53 of the Assam Land and
Revenue Regulation.

87. Where any person is aggrieved by an order Application

directing registration under section 86 which has been 1{Sj

made afler verification of the information received by re
local enquiry only he may apply to the officer passing gistration.

the order or his successor in office to set aside the order
and on receipt o f such application the officer receiving
it shall cancel the registration and then proceed to
publish the notice and hold ti e enquiry as in clause (A)

of the proviso to section 86.

###### CHAPTER X

J udicial Procedure

88. (1) Except where otherwise expresslv piovid- Ma tters ex-

ed in this Act or in rules issued thereunder no Civil empted from

Court shall exercise jurisdiction in any of the follow-
ing matters :— Court.

(a) Claims to commutation of rent by pri­

vileged _raiyats._

(Z») Claims to reduction, enhancement or altera­

tion of rents of holdings.

(c) Claims to compensation for withholding of

pro per receipt or damages to landlord
under section 52.

(</) Claims to deposit rent.

(«) Claims to register improvements.

( / ) Applications for acquisition of holdings by

landlords.

(») Applications for permission or order in

regard to measurement of lan d or for
correct measurement.


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(/») Formation of record-of-rights under

Chapter IX or the preparation, signing or
alteration of any document contained

therein.

(i) Maintenance of record-of-rights referred to

in section 85.

(j ) Application for enhancement of rent under

Section 116.

(2) In all the above matters, jurisdiction shall,

except as provided in sub-section (1), rest with the
revenue authorities only.

fr°[m] 89. An order of a Revenue Court fixing or altering

fixing ° [r] or r e n t a holding under this Act shall take effect

altering rent from such date as the Court may fix as being
takes effect- equitable.

Jurisdiction 90. Except as provided in section 88, the Civil

of Civil Court shall have jurisdiction in all suits between land-

Court. lo rd a n ( j tenant as such.

Power to 91. (/) The [State Government][1 ] may, from time 2

modify Civil to time,            -            -            -            - ’            - * * * £ make rules
Procedure
Code in its consistent with this Act declaring that any portion of
application the Civil Procedure Code, 1908, shall not apply to Act V of

1908.

to landlord suits between landlord and tenants as such or to any
and ten ant specified classes of such suits or apply to them subject
suits.

to modifications specified in the rules.

(») Subject to any rules made under the fore­

going section and to the oth er provisions of this Act, Act V of
the Code ol Civil Procedure, 1908, shall apply to all 1908.
such suits.

Procedure 92. In suits between landlord and tenant as such

in rent suits, the plaint shall, in addition to matters mentioned in

rules 1, 2, 4, 5 an d 6 and sub-rule (2) of rule 9 of A ct v of-

Order VII in the first Schedule to Code of Civil Pro- ig08
cedure, 1908, specify the area o f the land to which the
suit relates and where fields are num bered in the vil­
lage papers, the number and area of each fields and, in
suits for arrears, the amount of the yearly rent and the O
instalments in which it is payable. Where the land to

which the suit relates does not form one or more fields
numbered in the village papers the plaint shall contain
a sufficient description of the land and its boundaries.

1. Substituted by the A. O- 1930 for “ Provincial Government” .

2. The words “with the approval of the Governor-General in Council” omitted by t he

A. O. 1937.


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47

93. No set-off shall be allowed in any suit for Set-off in

arrears of rent unless the amount claimed as a set-off ’^ ^ rs *°f
has been determined by a decree or order of a com- re n t
petent Court.

94. (1) When a defendant admits that money is Payment in

due from him on account of rent, but pleads that it is to Court of

money ad­

due not to the plaintiff but to a third person, the mitted to
Court shall refuse to take cognisance of the plea unless be due to
the defendant pays into Court the amount so adm itted third per­
to be due. son.

(2) Where such a payment is made, the Court

shall forthwith cause notice of the payment to be serv­
ed on the third person.

(3) Unless the third person within three months

from the receipt of the notice institutes a suit against
the plaintiff an d therein obtains an ord er restraining
pay ment out of the money, it shall be paid out to the
plaintiff on his application.

(4) Nothing in this section shall affect the right of

any person to recover from the plaintiff money paid to
him under sub-section (3).

95. When a defendant admits that money is due Payment in-

from him to the plaintiff on account of rent, bu t pleads to Court of
that the amount claimed is in excess of the amount money ad-
due, the Court shall refuse to take cognisance of the ^uetoland-
plea unless the defendant pays into Court the amount jorcje
so admitted to be due.

96. When a defendant is liable to pay money into p r o v js iOn as

Court u nder section 94 or 95, if the Court thinks that to payment
there are sufficient reasons lor so ordering, it may take °f portion

cognisance of the defendant’s plea on his paying into [o f m o n e]y-
Court such reasonable portion of the money as the
Court directs.

97. When a defendant pays money into Court Court* to

under either of the said sections, the Court shall give grant re-

the defendant a receipt and the receipt so given shall [cel]P[u]
operate as an acquittance in the same manner and to
the same extent as if it had been given by the plaintiff

or the third person, as the case may be.


-----

48

Appeals. 98. i n a u proceedings under this Act before

a Revenue Officer or in a Revenue ( ourt except those
under section 71 and those in connection with the for­
mation of a record-of-rights under Chapter IX appeals
shall lie as follows:—

(a) To the Commissioner from orders, original

or appellate, passed by a Deouty Commis­

_i_

sioner or Settlement Officer.

_(b) To the Deputy Commissioner or Settlement_

Officer from orders passed by any Revenue
Court or officer subordinate to him even
when exercising the powers of a Deputy
Commissioner or Settlement Officer:

<■

Provided that no appeal shall lie against an appel­

late order of the Commissioner.

Limitation 99. (1) Unless otherwise specially provided in the

ol t ppeal. ,\ c t o r j n t ) e r u }e s [issued thereunder n ] appeal shall

lie to the Deputy Commissioner or Settlement Officer
after the expirat on of thirty days from the date of the
ord er appealed against and to the Commissioner alter

the expiration of six weeks from the d ate of the order
appealed against.

(2) In com puting the period prescribed for an

appeal by this section, tht day on which the order
appealed against was passed and the time requisite for
obtaining a copy of such order shall be excluded.

(3) An appeal may be admitted after the period

of limitation prescribed therefor by this section, if the
appellant satisfies the Court to which he appeals that
he had sufficient cause for not presenting the appeal
within that period.

100. Th e Court to which the appeal lies may

oLAppdlate Prccedur- e [;]t [}]) e r [ adm it or summarily reject the appea l: ]' J

Court oil

appeal. Provided that no appeal shall be summarily re- $

jected unless the appellant or his pleader has been

given an opportunity of being heard. If the Court

adm its the appeal, it may, after giving the parties or
their pleaders an opportunity of being heard, reverse,
modify or confirm the order ; ppealed against, or it

may direct sucli further investigation to be made, or
such additional evidence to be taken, as it may think
necessary, or the Court may itself take such additional
evidence.


-----

###### r- 49
 / 101. In any case in which an appeal against the Suspension

orders of a Revenue Court is admitted, the appellat e [01 ] o rd ers

Court may, pending the result of the appeal, direct the a g[P]^ s t
ord er appealed against to be suspended.

102. The [State Governm ent]*, the Commissioner p o w c r to

of the Division, the Deputy Commissioner of the c a u fo r p ro [- ]

District or the Settlement Officer may call for the ceedings of
proceedings held by any Court or officer subordinate subordinate
to him and pass such orders thereon as he thinks fit. ° [ccrs]'

103. An appeal shall not lie from any decree

or order passed, whether in the first instance or on re n p p *’J m

appeal, in any suit instituted by a landlord for the
recovery of rent where—

(а) the decree or order is passed by a District

Ju dge, Additional Judge or Subordinate
Judge, and the amount claimed in the suit
does not exceed one hundred rupees, or

(б) the decree or order is passed by any other

judicia l officer specially empowered by the

[State Governm ent]* to exercise final juris­
diction under this section, and the amount

claimed in the suit does not exceed 50
ru pee ?;

unless in either case the decree or order has decided a
question relating to the title to land or to some interest
in land as between parties having conflicting claims
thereto:

Provided th at the District Jud ge may call for the

record of any case in-which the judicial officer as afore­
said has passed a decree or order to which this section
applies, if it appears that the judicial officer has
exercised a jurisdiction not vested in him by law, or
has failed to exercise a juiisdiction so vested, or has
acted in the exercise of his jurisdiction illegally or with
material irregularity, and may pass such order as the
District Judge thinks fit.

104. Every application lor an order under rule Deposit on

13 of Order IX in Schedule I to the Code of Civil application

Act V of Procedure, 1908, to set aside a decree passed _ex parte,_ _[,o se]‘_ _[a]_ _?ld c_

19<’8. or for a review of jud gment under section 114 read r e cc

with rule 1 of Order X LVII in Schedule I to the said

Code in a suit between a landlord and tenant as such,
shall contain a statement of the injury sustained by the

1. Substituted by the A.O. 1950 for “Provincial Government” .


-----

###### so

applican t by reason of the decree or judgme nt ; and
no such application shall be admitted—

_[a) unless the applicant has, at or before the_

time when the applicaton is adm itted,

deposited in the Court to which the appli­

cation is presented the amount, if any,
which he adm its to be due from him to
the decree holder, or such amount as the
Court may, for reasons to be recorded by
it in writing, direct ; or

(6) unless the Co urt, after considering the state

ment of injury, is satisfied, for reasons to
be recorded by it in writing, that no such
deposit is necessary.

R e l i e f 10 5. (1) A suit for the ejectment of tenant on the

agaim t _lor ground—_
feitures.

(a) that he has used the lan d in a manner

which renders it unfit for the purposes of
the tenancy, or

(/>) that he has broken a condition on the breach

of which he is, under the term of the con­

tract between him and the landlord, liable
to ejectment,

shall not be entertained unless the landlord has served
in the prescribed manner a notice on the ten ant speci­
fying the particular misuse or breach complained of,
an d, where the misuse or breach is capable of remedy,
requiring the tenant to remedy the same, and in any
case, to pay a reasonable compensation for the misuse
or breach, and the tenant has failed to comply within
a reasonable time with that request.

(2) A decree passed in favour of a landlord in any

such suit shall declare the amount of compensation
which would be reasonably payable to the plaintiff for

the misuse or breach, and whether, in the opinion of                 -

the Court, the misuse or breach is capable of remedy,
and shall fix a period during which it shall be open to
the defendant to pay the amount to the plaintiff,

and, where the misuse or breach is declared to be

capable of remedy, to remed) the same.

(3) The Court may from time to time for special

reasons extend the period fixed by it under sub-sec­
tion (2).


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51

(4) _If_ the defendant, within the period or exten­

ded period (as the case may be) fixed by the Co urt

under the section, pays the compensation m entioned in

the decree, and, where the misuse or breach is dec­
lared by the Court to be capable of remedy, remedies
the misuse or breach to the satisfaction of the Court,
the decree shall not be executed.

106. Th e following provisions shall apply in the Rights of

     - case of every tenant ejected from a holding— ejected te­
nants in

(a) when the tenant has, before the date of his crops*3* an d

ejectment, sown or planted crops in any land prepa-
iand comprised in the holding, he shall be red for so-

entitled, at the option of the landlord, [w m] K-

either to retain possession of that land and
to use it for the purpose of tending and

gathering in the crops, or to receive from
the landlord the value of the crops as
estimated by the Court executing the

  - decree for ejectment ;

_(b) when_ the tenant has before the date of

his ejectment, prepared for sowing any

land comprised in his holding but has not
sown or planted crops in that land, he
shall be entitled to receive from the land ­
lord the value of the labour and capital
expended by him in so preparing the land,
as estimated by the Court executing the
decree for ejectment, together with reason­
able interest on that value ;

(<.) but the tenant shall not be entitled to retain

possession of any land or to receive any
sum in respect thereof under this section
where, after the commencement o f procee­
dings by the landloid for his ejectment, he
has cultivated or prepared the land, con­

trary to local usage ;

(J) if the landlord elects under this section to

allow a tenant to retain possession of the

   - land, the tena nt shall pay to the landlord,
for the use and occupation of the land
during the period for which he is allowed

A to retain possession of the same, such
rent as the Court executing the decree for
ejectment may deem reasonable ;

(«) in the case of a privileged _raiyat or an occup-_

pancy _raiyat compensation shall also be_
payable for trees standing on the land
which he is entitled to cut and appro­
priate :


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52

Provided that no compensation under clause («) shall

be payable when the _raiyat is being ejected on the_

ground that he has used the land in a manner which
renders it unfit for the purposes of the tenancy.

CH APTER XI

Summary procedure for the R ecovery of R ents

**UNDER THE** **BENGAL PUBLIC DEMANDS RECOVERY**

A ct, 1913

Recovery _of_ 107. (1) Any landlord, in respect of whose estate

arrears of a record-of-rights for [all or any class or classes of

rent un de r t c n a n ts]i has been prepared may apply to the [State

ca te proce- Government] [2] , through the D puty Commissioner of
du re in cer- the district in which the estate is situate, for the
ta in areas, application of the procedure provided by the Bengal

Public Demands Recovery Act, 1913, to the recovery
of the arrears of rent which, he alleges, may accrue
or are due to him from such [tenants] .

(2) '1 he [State Government] [2] shall specify the

terms and conditions on which such applications may
be allowed and shall allow any such application, when

such terms and conditions are satisfied. Such terms

and conditions may be added to or varied by the

[State Government][2] from time to time as may be

necessary, and the [State Government][2] may with­
draw its allowance of the application if it appears
that the terms and conditions are not being complied
with.

1. Substituted by Assam Act I of 1943 for “privileged raiyats i

or occupancy raiyats” .

2. Substituted by the A. O. I95O for "Provincial Govera*-

ment” .

3. Substituted by Assam Act I of 1943 for "raiya ts” .


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53

_X (3) When any such application has been allowed,

the landlord may make a requisition in writing, in

the form prescribed to such Revenue officer as the

[State G overnment] [1] mav appoint, for the purpose of

this section, to perform the functions of a Certificate

' ?TeTn®p' officer u nder the Bengal Public Dem ands Recovery

°             - Act, 1913, for the recovery of any arrears of rent

which he alleges are due to him from any such

[te nants] [8] .

(4) Every such requisition shall be signed and

verified by the landlord making it, in the manner
provided by rule 1 in Schedule II of the said Act, as

amended for the time being by rules made under
section 39 thereof, and shall be chargeable with a fee of
the amount which would be payable un der the Court-

v VII of 1870. F e e s Act, 1870, in respect of a plain t for the recovery

of a sum of money equal to that stated in the requisi­
tion as being due.

_*_ _(5J On receipt of such_ requisition, the said

Revenue officer m ay, in accordance, with such rules

as the [State Government][1] may make in this

behalf, and if he is satisfi- d that the arrear is due, sign
a certificate, in the prescribed form, stating that the
arrear is due ; and shall include in the certificate the
fee paid under sub-section (4), and shall Cause the
certificate to be filed in his office:

Provided that—

(«) no certificate shall be signed for the recovery

of arrears of rent of a tenancy regarding
which an application has been made to a
Revenue Court for the alteration of the
ren t payable by the ten ant in respect of the
period during which it is alleged in the
requisition made under sub section (3) that
the arrears of rent sought to be recovered
have accrued ; and

   - (6) if, after the signing of a certificate, it is

found that such an application was made
in a Revenue Court before the certificate
was signed, such certificate shall be

  - cancelled.

1. Substituted by the A. O. 19S0 for “Provincial Govern­

ment” .

2. Substituted by Assam Act I of 1943 for ‘-'raiyats”.


-----

(6) Th e person in whose favour any certificate is

signed under sub-section (5) shall be deemed to be the

certificate holder for the amount mentioned in the
certificate, and the persons against whom the certifi­

cate is signed shall be deemed to be the certificate
debtor for the said am ount; and all proceedings taken
by the Certificate officer lor the recovery of such

amount shall be taken at the instance of the first-men­
tioned person, and at his cost and responsibility, and

not otherwise.

(7) The Bengal Public Demands Recovery Act,

1913, with such restrictions and modifications (if any)

as may be prescribed shall apply to the execution, and
to all proceedings arising out of the execution, of
certificates filed under sub-section 5).

(8J No landlord shall, during the pendency of any

proceedings under this section, institute a suit in a
Civil Court for the recovery of any arrears of rent in            -

respect of which he has made a requisition under
sub-section (3) ; and subject to the provisions of
section 34 of the Bengal Public Demands Recovery
Act, 1913, no [tenant of any class or classes][1] shall, Bengal Act

after the signing of any certificate against him under [111 o f]
sub-section (5) of this section, apply to a Revenue
Court for the alteration of the ren t payable by him,
in respect of the period during which the arrears of
rent for which such certificate was signed have

accrued.

(9) The word “lan dlo rd” in this section includes

an entire body of landlords, and also one or more
co-sharer landlords who collects or collect his or their
share or shares of the ren t separately ; and w here a

Revenue officer signs a certificate on the requisition
of one or more such co-sharer landlords, he shall at
the same time issue to each of the remaining co-sharer
landlords a copy of such certificate.

Pawing of 108. Where a holding is sold in execution of a 45

holding sold c e r tificate far arrears of rent signed under the Bengal B cn [ j ^] c t

o" certificate. Public Demands Recovery Act, 1913, the holding n i of 1913.

shall, subject to the provisions of section 62 of this Act,
pass to the purchaser if such certificate was signed on
the requisition of or in favour of a sole landlord or
the entire body of landlords, and the provisions of
Chapter X II shall, so far as may be, apply.

1. Substituted by Assam Act X of 1913 for “ privileged

raiyat or occupancy raiyat” .

1


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55

CH APTER X II

Sale for arrears under decree

109. (1) If a decree for an arrear of rent is passed ^naleo[°] ah pr^

against a tenant and remains unsatisfied, the Court v jle g e cj
having authority to execute the decree shall, or of an

[ * * * ] > proceed on the application of the occupancy

landlord to sell the judg m ent-debtor’s right, title and rears o^rem"

interest in his holding by public au ctio n:

[Provided that in the case of a holding in an

estate pertaining to a religious institution, if the
highest bid be that of a member of a different religion
from the one to which the institution belongs the
landlord shall have the option, to be declared in

v

writing to the Court within 30 days of the sale, of
purchasing the holding at the highest bid.

# (2) Notwithstanding anything contained in

sub-section (1) above, the Court may, on the ap pli­
cation of the landlord, proceed to execute the decree
against the person or any other property of the

defaulter.] 2[1]

III). Where a holding is sold in execution of a General po-

decree for a rrear due in respect thereof, the purchaser ^ase^as^o
shall take subject to the interests defined in this a v o ;cian cc of

                - Chapter as “ protected interests” but with powers to incumbran-
annul the interests defined in this Chapter as [c e s]'

“ incumbrances” :

Provided that the power to annul shall be

exercisable only in the manner by this Chapter

directed.

I ll. The following shall be deemed to be protec- Protected

tedinterests within the meaning of this Chapter :— interests.

(a) Any lease in respect of land whereon, in

accordance with the purpose of the lease
granted by the ten ant whose interest is
being sold, permanent dwelling houses,

manufactories or other perm anent buildings

A have been erected, or permanent gardens,

or plantations, tanks or canals, public

places of worship or public burning or
burying grounds have been made :

1. Omitted by Assam Act XX VII of 19.3.

2. Substituted by ibid.


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56

Provided that such tenant was under the terms '—}

of his engagem ent with his landlord entitled »

to grant such lease ;

(p) any right or interest, consistent with the s
provisions of this Act, which the landlord,
at whose instance, the tenancy is sold, or
his predecessor in title, has expressly, and
in writing given the tenant for the time
being permission to create.

Meaning of 112. For thr purposes of this Cha pt er :—

“ incum.
bra I ce” and (lj Th e term “incumbrance” used with reference

“ arrears”
and tO ,1 tenancy, means any lien, sub-tenancy, easement

of r nt” . or other right or interest lawfully created by the tenant
on his holding or in limitation of his own inrerest
therein, and not being a protected interest as defined
in section 111.

                                                            -

(2; The terms “ arrears ” and “ arrear of rent ”

shall be deemed to include interest, decreed under sec­
tion 59 o r damages awarded in lieu of interest under
sub-section (1) of Section 60.

Application 113. When a decree h.i b'-en passed for an arrear

for sale of o f r c „^ j u e fo r a holding and the decree-holder applies

holding. under rule 11 (21 of Order XXI in Schedule 1 to the

Code of Civil Procedure, 19[;] , for the attach ment and *^ )cog['][ / of]

sale of the holding in execution of the decree he

shall produce a statement howing the estate and the
village in which the land comprised in the holding is
situate, the yarly rent payable for the same and the
total amount recoverable under the decree.

,, . 114. (I Notwithstanding anything contained A it V o f

order ' of in the Code of Civil Procedure, 1908, when the decree- ,908>

attachment holder makes the application mentioned in section 113

and pto cla -the Corn t shall, il it admits the application under
sale"'io he [, u] ' [e] ' 7 ^ [r] ^ [e r] X XI in Schedule I to the said Code,

issued. and orders execution of the decree as applied for,
issue a combined ord er of attachm ent and proclama- ®

tion n the pi escribed form.

[(2) Notwithstanding anything contained in sub- a

rule f2) of Rule 66 of Order XXI in Schedule I to the
said Code it shall not be necessary for the Court to
draw up the sale proclamation after notice to the
jud gment-debtor in the case of lands ordered to be

sold for arrears of rent due in respect thereof ] [1]

I. Inseiteil by Assam Act XX VII of 1953 and existing sub-scctions

(2) and (3) remembered as sub-sections (3) and (4) respec­

tively.


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57

(3) Notwithstanding anything contained in sub*

rules (1) and (2) of rule 67 of Order X X I in Schedule
I to the said Code, the proclamation shall be publish­
ed in the following m anner :—

(a) By fixing up a copy thereof in a conspicu­

ous place on the land comprised in the

holding ordered to be sold, and

_(b) by affixing a copy thereo f in a conspicuous_

place at the Court-house of the issuing
court [, an d][1 ]2

[(c) by sending in the prescribed form by regis­

tered post to the judgme nt-debto r a con­
cise statem ent of the ord er of attachm ent
and proclamation at the time of issue of the
order of attachment and proclam ation.]®

(4) Notwithstanding anyth ing contained in rule

68 o f Order X XI in Schedule I to th e said Code, the
sale shall not, without the consent in writing of the

judgme nt-debto r, take place until after the expiration

of at least 30 days calculated from the date on which
the copy of the proclamation has been fixed up on the
land comprised in the holding ordered to be sold.

115. (1) When a holding has been advertised for ga ie _of ho l<j-_

sale under section 114 it shall be put up to auction and ing with

sold with power to avoid all incumbrances. power to

_(2) The purchaser at a sale under this section_ cum bra nre s

may in the m anner provided by section 116, an d not an ci effect

otherewise, annul any incumbrance on the holding. thereof.

116. (1) A purchaser having power to annul an procedure for

incumbrance under this Chapter or under the Public annulling in

Beneal Act D em ands Recovery Act, 1913, a d desiring to annul jumbrances

HI o 11913. the same, may within one year from the date of confir- chapter or

mation of the sale or the date on which he becomes under the

aware of the incumbrance, whichever is later, present Public De-

to the Court, which passed the decree for sale of the [m a n] <b ^co-

property, an application in writing, requesting it to c t’

serve on the incumbrancer a notice declaring that
the incumbrance is annulled.

(2) Every such application must be accompanied

by such fee for the service of the notice as may be
prescribed in this behalf.

(3) When an application for service of notice is

duly made under this section, the Court shall cause
the notice to be served in compliance therew ith and
the incumbrance shall be deemed to be ann ulled from
the date on which it is so served.

1. Substituted by Assam Act XX VII of 1953 for the full-stop.
2. Inserted by ibid.


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58

(4) Where a holding is sold in execution of a

decree for arrears due in respect thereof and there is
on the holding a protected interest of the kind speci­

fied in section 111, clause _(a), the purchaser may, if_
he has power under this Chapter to avoid all incum­
brances, apply to the Revenue Court to enhance the                -
rent of the land which is the subject of the protected
interest. On proof tha t the land is held at a ren t

which was not at the time the lease was grante d a
fair rent, the Court may enhance the ren t to such
amount as appears to be fair and equitable.

Rules for 117. (I) In disposing of the proceeds of a sale

UicTsale1 un< ^c r t 'l ls Chapter the following rules instead of those

ceedT ' [P r]°" contained in section 73 of the Code of Civil Procedure, jA ct v o [f]

1908, shall be observed that is to say : — 1908.

(а) There shall first be paid to the decree-hol­

der the costs incurred by him in bringing
the holding to sale ;

(б) there shall in the next place be paid to the

decree-holder the am ount due to him

under the decree in execution of which the
sale was made ;

(c) if there remains a balance after these sums

have been p aid , there shall be paid to the
decree-holder therefrom any rent which
may have fallen due to him in respect of
the holding between the institution of the

suit and the date of the confirmation of the
sale and the costs of the application for the

purpose under this section ;

(</) the balance (if any) remaining after the

payment of the charges mentioned in

clause (c) shall, upon the expiration of two

months from the confirmation of the sale,

be paid to the jud gement-debtor upon his
application.

(2) If the judgement-debtor disputes the decreet S

holder’s righ t to receive any sum on account of ren,

under clause (c), the Court shalldetermine the dispute,
and the determination shall have the force of a decree
n

Holding to 118. (1) Rules 58 to 63 (both inclusive) of O rder

(■romre l< atta ^ X I in Schedule I to the Code of Civil Procedure, Act V o

chment oi ly 1908, shall not a pply to a holding attached! in execu- 1908.

on paymint tion of a decree for arrears due thereon.

i nto court of
amount 01
decree with
costs, or on


-----

(2'' When an order for the sale of a holding in confession

execution of such a decree has been made, the holding, of satisfa-

tion by de­

shall not be released from attachm ent unless the cree holder.

amount of the decree, including the costs decreed
together with the costs incurred in bringing the te­

nancy to sale is paid into Court, or the decree-holder
makes an app lication for the release of the holding on
the ground th at the decree has been satisfied out of

_' r_ Court.

_*_

(3) The judgment-debtor, or any person whose

interests are affected by the sale, may pay money into
Court under this section.

(4) Th e withdrawal of the amount deposited

under this section or section 121 by the decree-holder
landlord shall not operate as an admission of the trans­

ferability o f the holding sold in execution of the decree

V

119. When a holding is advertised for sale—

Inferio r te­
nan t paving

into Court

(a) under this Chapter in execution of a decree ma y de du ct

from rent.

against a superior tenant defaulting, or

Bengal Act _(b) in execution of a certificate signed under the_

III of J 913. Bengal Public Demands Recovery Act,

1913, for arrears of rent due in respect of

the holding from a superior ten ant default­
ing, or

when such sale is set aside under section 121,

and an inferior tenant pays money in to Court in order
to prevent or set aside the sale, as the case may be,«uch
inferior tenant may, in addition to any other remedy
provided for him by law, deduct the whole or any
portion of the amount so paid from any rent payable
by him to his imm ediate landlord ; an d that landlord,
if he is not the defaulter, may, in like manner, deduct
the amount so deducied from any rent payable by him
to his immediaie landlord, and so on until the defaul­
ter is reached.

  - 120. (1) Notwithstanding anything contained in **Decree-hold-**

rule 72 of the O rder XXI in Schedule I to the Code of

**Act V** of Civil Procedure, 1908, the holder of a decree in exccu- ju^gn,

198 *- tion of which **a** holding is sold under this Chapter **debtor may**

may, without the permission of the Court, bid for or [n o t]-

purchase the holding.

(2) Th e judgme nt-debto r shall not bid for or pur­

chase a holding so sold.


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60

(3) When a judgm ent-debtor purchases by himself

or through ano ther person a holding so sold, the Court
may, if it thinks fit, on the application of the decree­

holder o r any other person interested in the sale, by
order set aside the sale, and the costs o f the application
and order a nd any deficiency o f price which m ay hap­
pen on the resale, and all expenses attendin g it shall be
paid by the judgment-debtor.

121. (1) Rules 89 and 90 of Order XXI in Sche-Act V

**Application**
**to set aside** dule I to the Code of Civil Procedure, 1908, shall not [1908]-
**sale.** apply in cases where a holding has been sold for

arrears of rent due thereon, but in such cases the

judgme nt-debto r or any perso-’ whose interests are

affected by the sale, may at any time within thiity days
from the date o‘ the sale, apply to the Court to set
aside the sale, on his dispositing—

(a) for payment to the decree-holder the amoun

recoverable under the decree up to the da te

when the deposit is m ade, with costs ;

(4) for payment to the auction purchaser, as

penalty, a sum equal to five per cent of the

purchase money but not less than one
rupee.

(2) When a person makes an application under

sub-section (3) for setting aside the sale of his holding

he shall not, unless he withdraws that application , be
entitled to make or prosecute an application made
under sub-section (1).

(3) Where a holding has been sold for arrears of

ren t due thereon, the decree-holder, the judg­

ment-debtor or any person whose interests are

affected by the sale, may, at any time within [ninety
days][1] from the date of the sale, apply to the Court to
set aside the sale on the ground of a material irregu­
larity or fraud in publishing or conducting the sale :

Provided as follows: —

(a) No sale shall be set aside on any such

ground unless the Court is satisfied that
applicant has sustained substantial injury
by reason of such irregularity or fraud ;
and

**i . Substituted by Assam Act XXVII of 19S3 for “ six months”-**


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61

_(b) no application made by a judgm ent-debtor_

or any person whose interests are affected
by the sale under this sub-section shall be
allowed unless the applicant either deposits
the amount recoverable from him in execu­
tion of the decree or satisfies the Co urt, for
reasons to be recorded by it in writing,
that no such deposit is necessaiy.

(4) Rule 91 of O rder X X f in the Schedule to the

Act V of Code of Civil Procedure, 1908, shall not apply to any

19i'i. sale under this Chapter.

(5) An appeal shall lie against an order setting-

aside or refusing to set aside a sale.

122. (1) Where an app lication is made u nder s Ale when

section 121 or where such application is made and dis -'o become

allowed, the Court shall make an order confirming the [a b so lu ,c] . [o r]
sale and thereupon the sale shall become absolute. 'j' ” [l] ^.’’urn

of putchase
**money** **in**

**certain cases***

(2) Where such application is made and allowed,

and where in the case of an application under sub­

section ll) of section 121, the deposit required by that
sub-seetion is made within ihirty days from the d ate of
sale, the Court shall make an order setting aside the
sale :

Provided that no order shall be made unless notice

of the application with a copy thereof has been given
to all persons affected thereby.

(3) Where a sale is set aside under this section,

the purchaser shall be entitled to an ord er against
any person to whom the purchase money has keen
paid for its repayment with or without interest as the
Court may direct.

(4) No suit to set aside an ord er made under tliis

section shall be brought by any person against whom
such order is made.


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62

CH AP TE R XIII

C ontract and C ustom

Restrictions 123.(L) Nothing in any contract between a land-

I

of agreement. on exclusion |Act **by . . .  o r ct t l l S A c t j** a nA j t **[ _]a tenant made before or after the passing of r** £>

(a) shall prevent a _raiyat from acquiring the_

status of a privileged _raiyat in respect of_
land or acquiring an occupancy right in
land in accordance with the provisions of
this Act,

_{b) shall take away the status of a privileged_

_raiyat or an occupancy right in existence at_
the date of the contract,

(c) shall take away or limit the rights of

privileged _raiyats or occupancy_ _raiyats in_

trees on their holdings as provided in

section 7 or 15, or

[(d) shall increase the rate of interest payable

on arrears of rent as laid down in

section 59 ,] [1]

(<) shall entitle the landlord to eject a ten ant

otherwise than in accordance with the

provisions of this Act, or

( / ) shall take away or limit the rig ht of a

tenant as provided by this Act to make
improvements and claim compensation for

them , or

_(g) shall entitle a landlord, where the rent is_

payable in produce, to recover as rent,
produce in excess of [one-fourth][2] of the
gross produce of the land for the year for
which the rent is claimed.

(2) Nothing in any contract made between a

landlord and a tenant after the passing of this Act
shall—

<«) take away or limit the righ t of a privileged

_raiyat and an occupancy_ _raiyat to use land_
as provided by sections 7 and 14

respectively,

A. Substituted by Assam Act X XVII of 1953 for clause (<Z).

j . Substituted by _ibid for “ half (or in the case of jute, one-_

third)”


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63

(i) take awa) the right of _raiyat to surrender_

his holding in accordance with section 72,
or

(e) take away the right o f a ten ant to apply for

reduction of rent under sections 47, 48
and 49.

124. Nothing hi this Act shall affect any custom, Saving o f

usage or customary right, not inconsistent with, or not custom

expressly or by necessaiy implication modified or

abolished by its provisions.

CH APTER XIV

L im itat ion

125.(1) The suits, appeals and the applications Limitation

specified in Schedule I annexed to this Act shall be in suits,

instituted and made within the time prescribed in that appeals and
schedule for them respectively ; and every s ch suit applications
or appeal instituted, and application made, after the c c u e

period of lim itation so provided shall be dismissed
although limitation has not been pleaded.

(2) Nothing in tlrs section shall revive the right

to institute any suit or appeal or make any application
which would have been barred by limitation if it had

been instituted or made immediately before the

the commencement of this Act.

IX of 1903. 126. Sections 6, 7, 8 and 9 and sub-section (2) Po rtion s of

of section 29 of the India n Lim itation Act, 1908, shall . [In d la n]

not and, subject to the provisions of this Chapter, the Act^notTp-
rem aining provisions of th at Act shall, apply to all plicable to
suits, appeals and applications specified in Schedule I such suits,
annexed to this Act. e.tc -> m o­
tioned m

Schedule I.

CH APTER XV

Supplem en ta l

127.(1) If any person otherwise than in accordance Penalties for

with any enactment for the time being in force— illegal inter-

ference w ith
produce.

(<j) distrains or attempts to distrain the produce

of a ten ant’s holding, or

—    -


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64

(A) except with the authority or consent of the

ten ant, prevents or attem pts to prevent the

rea pin g, gathering, storing removing or

otherwise dealing with any produce of a
holding,

## a

he shall be deemed to have committed criminal

trespass within the meaning of the Indian Act XLV of
Penal Code.

(2) Any perton who abet:, within the meaning of

the Indian Penal Code, the doing of any act mentioned 0

in sub-section (1), shall be deemed to have abetted
the commission of a crim inal trespass within the

meaning of that Code.

Power to 128. Th e [State Governm ent][1] may, from time

f t

make rules, to time, bv notification in 'he official Gazette, make

rules, consistent with this Act, to carry out the
purposes of the Act, after previous publication.

Power to 129. Th e [State Governme nt][1] may invest,

invest officers generally or for special purposes, any Revenue Officer
'' wers [CC]'[al o r] Assistant Settlement Officer with all or any of the
po wer. powers of Revenue Court, or of the Court of Deputy
Commissioner or Settle, em Officer for the purposes
of. and under, this Act.

Revenue 130.(1) On the application of anv of the parties

' ourt o- and after notice to tht parties and after hearing such

Revenue

„ its

Officer may transfer ap- .o f them as desire to be heard, Or Ot his— own motion

plication or w ;t ]l o u t JU ch notice, a Revenue [Court] at any
other pro­ Officer [may ]

ceeding fof st age—

iesnosal to

any Revenue
(lour t or

officer su b­ordinate to («) transfer any application or other proceeding

it or him. pending before for disposal to any

Revenue^2HLi subordinate to a n d

Officer him                               -

com petent to dispose of the same, or £

# I

(A) withdraw any application or other proceed_

ing pending before-4^- a n y Revenue

subordinate to and
Officer him

1. Substituted by the A. O. 1930 for “ Provincial Govern­

ment' ’.


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65

(£) dispose of the same ; or

(«) transfer the same for disposal to any

Revenue5?~u rt subordinate to J^ -and com-
<Jmccr him

###### «

petent to dispose of the same ; or

_r_

_(Hi) re-transfer the same for disposal to the_

Court r which

Officer [r o m] whom [it was withdraw n.]

(2) Where any application or oth er proceeding

has been transferred or withd raw n under sub-section

Court which f
(1), the Qfficer thereafter proceeds to dispose o

>*■ it may, subject to any special directions in the case
  -

of an order of transfer, either re-hear it or proceed

from the point at which it was transferred or

withd raw n.

131. Nothing in this Act shall prevent a holding Sale of

of a privileged or occupancy _raiyat from being sold_ holding of

privileged

under orders of Revenue Court for the recovery of a or occup­

XIX of loan granted under Land Improvem ent Loans Act, ancy _raiyat_

1883. 1883, or Agriculturists’ Loans Act, 1884, or otherwise for recovery

XII of by the [State Government]!. The ren t of the holding of l o a n

1884, however shall be the first charge on the sale proceeds. under Landg r a n te d

Improve­

ment Loans

Aet, I883

etc.

1. Substituted by the A.O . 1950 for “ Provincial Government” .

_f '_


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66

SCHE DU LE I

###### Part I s»

_Suits_

Period Time from which

Description of suits of the period

limitation begin s to run

1. To eject any _raiyat on account of_ One year Date of the breach.

any breach of a condition in respect of
which there is a contract expressly pro­
viding that the ejectment shall be a
penalty of such breach

2. To eject a non-occupancy _raiyat_ Six months Expiration of the

under section 33 _(d) or («) and an_ term of the lease
_under-raiyat_ under section 39 (rf) or of the notice as

or (e). the case may be.

... J

3. For the recovery of an arrear of ...

ren t—

(fl) Where the arrear fell due before Six months Date of the service

a deposit was made under of the notice of
section 54 on account o f the the deposit or pre­

rent of the same holding. sentation by the

postal money

order, as the case
may be.

(i) In other cases Three years Last day _of the_

agricultural year

in which the

arrear fell due.

4. To recover possession of land Two years Date of disposses­

claimed by the plaintiff as a raiyat or an sion.
under-raiyaf otherwise than under sec­
tions 35 and 41 respectively.

Part II

_Apptals_

Description of appeals—

5. From any decree or ord er under Th irty days Date of the decree

this Act passed by the Civil Court to or ord er appealed
the C ou rt of the District Judge. against.


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67

Part II I

_Applications_

Period Time from which

Description of suits of the period

limitation begins to run

Description o f applications—'

6. For the execution of a decree or Three years (1) Da te of the

ord er made in a suit or proceedings decree or order,
between landlord and tenant to whom or
the provisions of this Act are applicable
and not being a decree for a stun of (2) where there has
money exceeding Rs. 200 exclusive of been an appeal,
any interest which may have accrued the date of the
after decree upon the sum decreed but final decree or
inclusive of the costs of executing such order of the a p­
decree ; except when a judgme nt-debto r pellate Court,
has by fraud or force prevented the or
execution of the decree, in which case
the period of limitation shall be governed (3) where there has
by the provisions of the Indian Lim ita­ been a review
tion Act, 1908 ; provided that where a of judg ment,
sale in execution of arrears o f ren t is set the date of the
aside on application , the proceedings in decision passed
execution shall continue and the time on the review.
between the date of such sale and the

date of the order setting it aside shall be
excluded from the period of limitation
provided by this Article.

AG P (Leg) No 12/58 (b)—2,075—15-10-63


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