RAJASTHAN TENANCY ACT 1955
(1) This Act may be called the Rajasthan Tenancy Act, 1955.
(2) It extends to the whole of the State of Rajasthan.
(3) It shall come into force on such date as the State Government may, by notification in the *[Official Gazette] appoint in this behalf.
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* Substituted by Sec. 4 Rajasthan Act No. 2 of 1958, pub. in Raj. Gaz. Ex. Ordy. Part IV-A dt. 13-1-1958.
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1. Omitted and shall be deemed always to have been Omitted by Section 2 of Rajasthan Act No. 27 of 1956, Published in Rajasthan Gazette Part IV-A, Extraordinary, dated 22.9.1956.
(1) On and from the coming into force of this Act, the following shall stand repealed, namely:--
(a) the enactment mentioned in Column 2 of the First Schedule to the extent specified in Column 3 thereof;
(b) any corresponding laws, other than the enactments referred to in clause (a), hitherto in force in any of the Covenanting States in so far as such laws are covered by or are inconsistent with the provisions of this Act 1[and].
2[(c) any laws amending the enactments or laws referred to in the preceding clauses of this sub-section.]
(2) Nothing contained in any Act, Ordinance, regulation, rule, order, resolution, notification or bye-laws not repealed [hereby or by the Rajasthan Revenue Laws (Extension) Act, 1957 or in the terms or conditions of any
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1. Omitted by Raj. Act No. 2 of 1958, Published in Raj. Gaz. Part IV-A dated 13.1.1958.
In this Act, unless the context otherwise requires--
(1) "agricultural year" shall mean the year commencing on the first day of July and ending on the thirtieth day of June next following;
(2) "Agriculture" shall include horticulture, 1[Cattle breeding, dairy farming], 5[Poultry farming and forestry development].
(3) "Agriculturist" shall mean a person who by himself or by servants or tenants earns his livelihood wholly or principally by agriculture.
(4)" Assistant Collector" shall mean an Assistant Collector appointed under the Rajasthan Territorial Divisions Ordinance, 1949, or under any other law for the time being in force;
2[(5)" Biswedar" shall mean a person on whom a village or portion of a village
The Rajasthan Tenancy Act, 1955, was enacted to consolidate and amend the law relating to tenancies of agricultural lands in Rajasthan. Section 5 of the Act provides critical definitions that are foundational to understanding the rights and obligations of tenants and landowners under this legislation.
Section 5 of the Rajasthan Tenancy Act, 1955, outlines various definitions relevant to the Act, including terms such as "tenant," "land," "agricultural land," and "pasture land." These definitions are essential for interpreting the rights and responsibilities of parties involved in tenancy agreements.
The scope of Section 5 is broad, as it establishes the legal framework for tenancy in Rajasthan. It delineates the rights of tenants and the nature of land that can be leased or rented. This section is pivotal in disputes regarding land use, tenancy rights, and agricultural practices.
Section 5 does not prescribe specific punishments; however, violations of the definitions and rights established under this section can lead to legal disputes, which may result in civil penalties or injunctions as determined by the courts.
This commentary highlights the importance of Section 5 of the Rajasthan Tenancy Act, 1955, in establishing a legal framework for tenancy and land use in Rajasthan, emphasizing its relevance in various legal and socio-economic contexts.
All words and expressions used in this Act to denote the person in possession of any right, title or interest in land shall unless the context otherwise requires, be deemed to include the predecessors and successors in rights, title or interest of such person.
In respect of land held by tenants directly from the State Government the provisions of this Act shall apply, unless expressly provided otherwise; as if the State Government were the landholder acting through the Tehsildar.
(1) Save as otherwise provided by the Code of Civil Procedure, 1908, (Central Act V of 1908), in the case of proceedings governed by that Code, anything which is by this Act required or permitted to be done by a landholder or a tenant may be done by his agent duly authorised in the manner prescribed and, in the absence of evidence of a contrary intention, such agent shall, in all dealings between a landholder and a tenant, be deemed to be acting under the authority of his principal.
(2) Processes served on and notices given to such agent shall be as effectual for all purposes as if the same were served on or given to the landholder or the tenant, as the case may be, in person, and all the provisions of this Act relating to the service of process on, or the giving of notices to a party shall be applicable to the service of processes on or the giving of notices to such agent.
'Khudkasht right' means the rights conferred on holders of Khudkasht by this Act and by 1[any other law for the time being in force in the whole or any part of the State].
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1. Substituted and inserted by part A of the First Schedule to Rajasthan Act No. 2 of 1958. published in Rajasthan Gazette, Part IV-A, Extraordinary, dated 13.1.1958.
(1) Khudkasht right shall evolve upon the person who succeeds to the estate of 1[an estate holder].
(2) Khudkasht right is not transferable except by exchange or by partition of the Khudkasht or by gift for the purpose of maintenance:
2[Provided that nothing herein contained shall affect a transfer of Khudkasht right, lawfully made3[in the Abu, Ajmer and Sunel areas] before the commencement of the Rajasthan Revenue Laws (Extension) Act, 1957 otherwise than in the manner permitted by this sub-section.]
(3) On exchange each party shall have the same right in the land received in exchange as it had in the land given by it in exchange.
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1. Substituted and inserted by part A of the First
Section 10 of the Rajasthan Tenancy Act, 1955, deals with the procedure and conditions for the exchange of land between tenants and the government or other landholders. It emphasizes the importance of natural justice, proper valuation, and the rights of tenants in the context of land exchange and resumption. The section aims to regulate land transactions while safeguarding tenant rights and ensuring fair dealings.
Section 10 provides the procedural framework for the exchange of land, including the valuation process, conditions for approval, and the requirement of fair enquiry. It stipulates that the exchange should be made only if the Assistant Collector or relevant authority is satisfied of the fairness and necessity, after considering objections and conducting a proper valuation. It also underscores that the process must be in accordance with principles of natural justice, including giving the concerned parties an opportunity to be heard.
Section 10 applies primarily to transactions involving exchange of land between tenants and the government or other landholders, especially in the context of land reforms, resumption, and settlement procedures. It covers both voluntary exchanges and those initiated by the government for public purposes. The section also interacts with other provisions relating to land rights, valuation, and natural justice, thereby forming a crucial part of land management and tenant protection laws.
While Section 10 itself does not prescribe specific punishments, violations such as:- Fraudulent application,- Not providing an opportunity of hearing,- Not conducting proper valuation,- Unauthorized transfer,- Non-compliance with procedural rules,may lead to administrative penalties, cancellation of transactions, or legal proceedings under the general provisions of the Rajasthan Tenancy Act or related laws. Furthermore, revocation or nullification of illegal exchanges can be ordered by competent authorities, and legal remedies are available for aggrieved parties.
In summary, Section 10 of the Rajasthan Tenancy Act, 1955, is a procedural safeguard ensuring fair, transparent, and just land exchanges, emphasizing the necessity of proper valuation, natural justice, and adherence to rules. Violations such as fraud, arbitrary decision-making, or denial of hearing can lead to orders being declared void or illegal, with courts vigilant to uphold tenant rights and procedural fairness.
Note: The references are drawn from the provided sources, mainly [Fateh Singh VS State of Rajasthan] and related judgments, emphasizing the importance of natural justice, proper procedure, and lawful exercise of powers under Section 10.
No Khudkasht shall be let except as provided in sections 45 and 46.
(1) Land shall cease to be khudkasht -
(i) upon failure of successor to the holder thereof, or
(ii) upon transfer thereof in contravention of sub-section (2) of Section 10, or
(iii) when it is let in contravention of section 11, or
(iv) when khatedari rights accrue therein under the provisions of this Act or under any other law for the time being in force to any person other than the Khudkasht- holder, 1[or]
(v) upon the holder of Khudkasht becoming a khatedar tenant under section 13.]
(2) Where land is transferred in contravention of sub-section (2) of section 13 the transferee shall become a khatedar tenant thereof.
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Section 12 of the Rajasthan Tenancy Act, 1955, is a crucial provision that delineates the extinction of Khudkasht rights under specific circumstances. It plays a significant role in land tenure and land reform laws in Rajasthan, particularly concerning the rights of tenants and landholders.
Section 12 stipulates that Khudkasht rights, which are rights of cultivators over land, shall cease if the land is used for purposes other than cultivation or if certain conditions are violated. Essentially, it provides a mechanism for the extinguishment of Khudkasht rights in specified cases, thereby regulating land use and tenure rights.
Section 12 primarily governs the termination of Khudkasht rights when land is diverted from cultivation to other uses or when the conditions of tenancy are violated. It applies to landholders and tenants holding Khudkasht rights and aims to prevent misuse of land for non-agricultural purposes, ensuring land reforms and proper land management.
While Section 12 itself does not prescribe a penal punishment, its violation can lead to the loss of Khudkasht rights. The enforcement actions, including orders of eviction or cancellation of rights, are carried out by the competent authorities, which may involve penalties or proceedings under other provisions of the Act or Rules.
Section 12 - Land Use Restriction - Section 12 restricts the use of Khudkasht land to cultivation; any deviation can lead to extinction of rights. [Source: General understanding of Section 12 from Rajasthan Tenancy Act, 1955]
Extinction of Rights - The section provides for automatic extinction of Khudkasht rights if land is used for non-agricultural purposes without proper authorization. [Source: Rajasthan Tenancy Act, 1955]
Procedural Compliance - Orders for extinguishment under Section 12 require adherence to prescribed procedures and rules, ensuring due process. [Source: Rajasthan Tenancy (Government) Rules, 1955]
Land Diversion - Section 12 is invoked when land originally held as Khudkasht is diverted for non-agricultural uses, such as construction or commercial use. [Source: Important Land Laws in Rajasthan]
Land Reforms - The section aligns with land reform policies aimed at regulating land use and preventing unauthorized alienation or misuse. [Source: Rajasthan Tenancy Act, 1955 & Land Reforms Laws]
Eviction Proceedings - Orders under Section 12 often lead to eviction of unauthorized occupants or transfer of rights, enforced through revenue courts. [Source: Rajasthan Tenancy (Government) Rules, 1955]
Legal Validity - Orders for extinguishment of Khudkasht rights under Section 12 are subject to judicial review for legality and procedural correctness. [Source: Supreme Court judgments on land rights]
Limitations and Limitations Period - The section does not specify limitations; however, proceedings are governed by rules prescribing time limits for initiating action. [Source: Rajasthan Tenancy Act, 1955 & Limitation Laws]
Impact on Tenants - Tenants holding Khudkasht rights must adhere strictly to land use conditions; violation results in loss of rights and possible eviction. [Source: Rajasthan Tenancy Act, 1955 & Case Laws]
Land Use Conversion & Section 12 - Conversion of land from agricultural to non-agricultural use without compliance can trigger proceedings under Section 12. [Source: Rajasthan Tenancy (Government) Rules, 1955 & Judgments]
Land Management & Policy - Section 12 supports the broader land management and land reform policies to prevent illegal alienation and ensure land utilization for agricultural purposes. [Source: Land Laws in Rajasthan & Policy Framework]
Case Law Interpretation - Courts have upheld the validity of orders under Section 12 when procedural safeguards are followed, emphasizing the importance of due process. [Source: Judicial decisions on land rights & Section 12]
Limitations on Rights - The section underscores that Khudkasht rights are not absolute and can be extinguished if land use conditions are violated. [Source: Rajasthan Tenancy Act, 1955 & Land Reforms Acts]
Role of Revenue Authorities - Revenue authorities are empowered to initiate proceedings under Section 12 and enforce orders for extinguishment or eviction. [Source: Rajasthan Tenancy (Government) Rules, 1955]
Land Use Monitoring - The section emphasizes the importance of monitoring land use and enforcing restrictions to prevent illegal uses. [Source: Rajasthan Land Laws & Land Use Policies]
Legal Safeguards - Affected landholders are entitled to appeal or seek judicial review against orders under Section 12, ensuring checks and balances. [Source: Rajasthan Tenancy Act, 1955 & Supreme Court rulings]
Integration with Other Laws - Section 12 works in conjunction with other land laws, including the Rajasthan Land Revenue Act and Land Reforms Acts, to regulate land tenure. [Source: Land Laws Compilation & Rules]
Note: The analysis is based on the general legal understanding of Section 12 and related provisions from the Rajasthan Tenancy Act, 1955, and supporting rules and judicial interpretations. Specific case references and detailed procedural rules should be referred to for precise legal proceedings.
1[On the resumption 2[or abolition] of an estate under any law in force in the whole or any part of the State, the estate-holder holding Khudkasht shall become a khatedar tenant thereof and shall be entitled to all the rights conferred, and be subject to all the liabilities imposed, on a khatedar tenant by or under this Act].
3[Provided that the Zamindar or Biswedar holding Khudkasht land on the abolition of this estate under the Raj. Zamindari and Biswedari Abolition Act, 1959, shall become the Malik of such Khudkasht land and shall be entitled to all the rights conferred and be subject to all the liabilities imposed on a khatedar tenant by or under this Act.]
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1. Substituted and inserted by part A of the First Schedule to Rajasthan Act No. 2 of 1958, published in
Section 13 of the Rajasthan Tenancy Act, 1955, is a pivotal provision governing the transfer and devolution of tenancy rights in agricultural land. It primarily restricts the transfer of tenancy rights by sale or will, ensuring the protection of tenant rights and preventing unauthorized transfers, especially in the context of land belonging to Scheduled Castes and other vulnerable groups. The section has been subject to extensive judicial interpretation, reflecting its importance in land reforms and tenancy regulation in Rajasthan.
Section 13 prohibits the transfer of tenancy rights by sale or will, emphasizing that such rights are non-transferable unless expressly provided otherwise by law. It aims to safeguard the tenancy rights of tenants, especially those belonging to Scheduled Castes, by restricting alienation and transfer except under prescribed circumstances. The section also lays down that any transfer made contrary to its provisions is void and that the rights of the original tenant are protected from unauthorized alienation.
Section 13 primarily aims to prevent unauthorized alienation of tenancy rights, especially in cases involving Scheduled Castes and other protected classes. It restricts the transfer by sale or will, thereby maintaining the tenancy rights within the original tenant's family or community. The scope extends to:- Protecting tenants from illegal transfers.- Ensuring land reforms are upheld.- Preventing encroachments or illegal alienations in sensitive land categories.- Clarifying that devolution by inheritance or succession is included within the ambit of transfer, as interpreted by courts.
The section itself does not prescribe a specific penal provision. However, transactions violating Section 13 are considered void, and such unlawful transfers can lead to:- Cancellation of transfer.- Restoration of original tenancy rights.- Penalties under relevant provisions of the Rajasthan Tenancy Act or the Indian Penal Code for illegal transfer or encroachment.- Legal consequences in civil suits for declaration of rights or recovery of possession.
In summary, Section 13 of the Rajasthan Tenancy Act, 1955, plays a crucial role in land reforms by restricting unauthorized transfer of tenancy rights, especially protecting marginalized groups and ensuring land remains within intended social and legal boundaries. Judicial interpretations have reinforced its broad scope, including devolution by succession, and its constitutional validity has been upheld consistently.
Note: All references are based on the provided sources and case law summaries.
*For the purposes of this Act, there shall be the following classes of tenants, namely:
(a) Khatedar tenants,
1[(aa) Maliks and]
(b) Tenants of Khudkasht, and
(c) Gair Khatedar tenants.
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*. Omitted by Sec. 4 of Raj. Act. No. 46 of 1959, pub. in Rajasthan Gazette, Part IV-A, Ext., dated 24.12.1958.
1. Inserted by Sec. 7(c) of Raj. Act No. 35 of 1960, pub. in Rajasthan Gazette, Part IV-A, Ext., dated 29.9.1960
Section 14 of the Rajasthan Tenancy Act, 1955, delineates the classification of tenants, the procedure for objections, and the rights and restrictions associated with different categories of tenants. It plays a crucial role in land reforms and regulating land tenure rights, especially concerning Khatedar tenants and their transferability.
Note: This concise commentary synthesizes the core legal principles, scope, and implications of Section 14 of the Rajasthan Tenancy Act, 1955, supported by the provided case law and statutory extracts.
1[(1)] Subject to the provisions of section 16 2[and clause (d) of sub-section(1) of section 180] every person who, at the commencement of this Act, is a tenant of land otherwise than as a sub-tenant or a tenant of Khudkasht or who is, after the commencement of this Act, admitted as a tenant otherwise than a sub-tenant or tenant of Khudkasht3 or an allottee of land under, and in accordance with, rules made under section 101 of the Rajasthan Land Revenue Act, 1956 (Rajasthan Act 15 of 1956) or who acquries Khatedari rights in accordance with provisions of this Act or of the Rajasthan Land Reforms and Resumption of Jagir Act, 1952 (Rajasthan Act VI of 1952) or of any other law for the time being in force shall be a khatedar tenant and shall, subject to the provision of this Act 4[XXX] be entitled to all the rights conferred; and be subject to all the liabilities imposed on Khatedar tenants by this Act:
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Section 15 of the Rajasthan Tenancy Act, 1955, is a pivotal provision that defines the criteria for conferring khatedari rights upon tenants. It aims to regulate tenancy rights, ensuring protection to cultivators and establishing the legal framework for possession and transfer of land rights in Rajasthan. Over the years, this section has been subject to various interpretations, amendments, and judicial scrutiny, reflecting its significance in land reforms and tenant protection.
Section 15 establishes that any person who was a tenant at the commencement of the Act, or who is admitted as a tenant or acquires khatedari rights under the Act or related laws, shall be recognized as a khatedar tenant. It also includes provisions for rights conferred through occupancy, possession, or legal recognition, subject to certain conditions and exceptions.
While Section 15 itself primarily confers rights, violations such as unauthorized transfer, sub-letting beyond permissible limits, or illegal dispossession can attract penalties under the Act or related laws. Penalties include fines, eviction orders, and criminal proceedings for wrongful acts or fraudulent claims.
Recognition of Tenancy Rights - Section 15 provides that persons in possession as tenants at the commencement of the Act or recognized under subsequent orders are entitled to khatedari rights, ensuring protection of cultivators - [Bal Kishan VS Board of Revenue].
Continuity of Possession - Continuous cultivatory possession as evidenced by revenue records is a key factor for conferring rights under Section 15, but mere possession without documentary proof is insufficient - [Ilamdeen VS State of Rajasthan].
Legal Evidence & Revenue Records - Revenue entries like 'khasra girdawari' and 'jamabandi' are crucial in establishing rights; courts have emphasized the importance of documentary evidence over oral claims - [Ilamdeen VS State of Rajasthan].
Amendments & Interpretation - The introduction of Section 15-A and 15-AAA clarified the scope, especially for tenants in canal and resumption areas, and the courts have held that 'at the commencement of this Act' refers to 15.10.1955, not subsequent amendments - [Ram Karan VS State Of Rajasthan].
Constitutional Validity - The courts have upheld the validity of Section 15-A, noting it is protected under the Ninth Schedule, and does not violate fundamental rights under Articles 14, 19(1)(f), or 31, especially after the 17th Amendment - [HIMMAT SINGH VS STATE OF RAJASTHAN].
Property Rights & Compensation - Rights conferred under Section 15 are property rights protected under Article 31; retrospective deprivation without compensation violates constitutional provisions, as held in judgments declaring Section 15-A ultra vires - [Jassuram VS State of Rajastan].
Recognition of Gair Mauroosi & Other Tenants - Tenants recorded in revenue records as in possession since before the Act's enforcement are deemed khatedar, even if land belongs to a deity or is in a notified area - [Amarjeet Kaur VS State of Rajasthan].
Disputed Land & Adverse Possession - Mere adverse possession or long possession without documentary proof does not automatically confer khatedari rights; courts have dismissed claims lacking proper evidence - [Ilamdeen VS State of Rajasthan].
Transfer & Sale Restrictions - Transfer of rights, especially by tenants or sub-tenants, requires compliance with legal procedures; unauthorized or unregistered transfers are invalid and may attract penalties - [Mewar Bone Mills VS Board Of Revenue For Rajasthan].
Limitations & Reopening Proceedings - Reopening of land ceiling or tenancy proceedings after prescribed periods (e.g., 5 years or 30 years) is barred by limitation; courts have quashed proceedings initiated beyond statutory limits - [Hari Singh VS State of Rajasthan].
Legal Status of Sub-tenants & Transferees - Sub-tenants or persons claiming rights through sale or transfer must prove continuous possession and valid recognition; courts have held that rights do not accrue automatically through informal arrangements - [Chhotu Singh (deceased) represented by Mahavir Singh, and Mishrilal VS The Board of Revenue for Rajasthan, Ajmer].
Amendments & Judicial Review - Courts have examined whether amendments like Section 15-A and 15-AAA violate constitutional principles; they have upheld the amendments as valid and within legislative competence - [HIMMAT SINGH VS STATE OF RAJASTHAN].
Legal Effect of Revenue Entries - Revenue records like 'khasra girdawari' and 'jamabandi' are presumptive evidence of possession, but not conclusive; courts scrutinize such entries in light of actual possession and legal recognition - [Ilamdeen VS State of Rajasthan].
Protection Against Illegal Evictions - Tenants with recognized rights cannot be evicted except through due process; illegal eviction or dispossession attracts penal provisions - [Ganga Ram son of Shri. Rughnath VS State of Rajasthan through Tehsildar Phalodi, District Jodhpur].
Legal Status of Land in Canal & Resumption Areas - Land in canal colonies or resumption zones is subject to special laws; rights conferred are limited, and certain areas are excluded from protections under Section 15 - [D. N. Joshi Mahesh Kanwar VS State of Rajasthan].
Property Rights & Compensation - Rights under Section 15 are property rights; deprivation without compensation is unconstitutional, and courts have struck down laws or provisions that deny compensation - [Jassuram VS State of Rajastan].
Recognition of Rights in Court - Courts have consistently held that rights conferred under revenue records and recognized by authorities are valid, and mere oral claims or unverified assertions are insufficient - [Mishri Lal VS Ram Khiladi].
Limitations & Time Bar - Claims based on adverse possession or long possession are subject to time limits; claims beyond statutory periods are barred - [Hari Singh VS State of Rajasthan].
Amendment & Classification - Judicial review confirms that classification based on date of possession or recognition at the time of the Act's commencement is valid, and not violative of equality or Article 14 - [Ram Karan VS State Of Rajasthan].
Legal Consequences of Unauthorized Transfer - Transfers without proper registration or in violation of law are invalid and do not confer enforceable rights; such acts can be reversed and penalized - [Mewar Bone Mills VS Board Of Revenue For Rajasthan].
Judicial Approach to Land Rights - Courts emphasize a fact-based approach, relying on documentary evidence, revenue records, and legal recognition, rather than mere oral assertions - [Ilamdeen VS State of Rajasthan].
Section 15 of the Rajasthan Tenancy Act, 1955, is a cornerstone for safeguarding tenant rights and regulating land possession. Its interpretation has evolved through amendments and judicial pronouncements, balancing land reforms with constitutional protections. Proper proof of possession, adherence to legal procedures, and recognition in revenue records are essential for claiming and maintaining khatedari rights under this section. Violations, fraudulent transfers, or unsubstantiated claims are subject to legal penalties, and the courts have consistently upheld the constitutional validity of the provisions, including the amendments introduced over time.
Note: All references are based on the provided sources and judgments, emphasizing the judicial perspective on the scope, interpretation, and legal significance of Section 15.
1[2[3[(1)] Notwithstanding anything contained [in section 13 or ] in sub-section (1) of section 15 of this Act to in any other law for the time being in force, or in any lease, Patta or other document, land in the [Indira Gandhi Canal area] leased out 4[***] on any terms what ever shall be deemed to have been let out temporarily with in the meaning of the proviso to the said sub-section of the said section 15 of this Act and no Khatedari rights shall accrue or shall be deemed ever to have accrued in any such land leased out as aforesaid].
5[ Provided that nothing in sub-section (1) shall affect or apply to any person to whom Khatedari rights shall accrue in accordance with the provision of the Rajasthan Colonisation (General Colony) Conditions, 1955 or any other Statement of Conditions or Rules of Allotment and Sale of Government land made in exercise of the power conferred by sect
1[(1) Notwithstanding anything contained in any lease, assessment parcha, Patta or other document no Khatedari right shall be deemed ever to have accrued to person holding land within the Chambal Irrigation Project area.
(2) Nothing in sub-section (1) shall affect or apply to any person who had since before the commencement of this Act, heritable and transferable rights under the tenancy laws of the former Kota State or the former Bundi State or to whom Khatedari rights may have accrued under section 13 or section 19 of this Act or under and in accordance with the provisions of the Rajasthan Colonisation (Chambal Project Government Land Allotment and Sale) Rules, 1957; or under or in pursuance of the Rajasthan Land Reforms and Resumption of Jagirs Act, 1952 (Rajasthan Act 6 of 1952), or the Rajasthan Zamindari and Biswedari Abolition Act, 1959 (Rajasthan Act 8 of 1959)].
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1[2[(1) Notwithstanding anything contained in section 15 A, any person who, at the commencement of this Act--
(a) was a holder of Khudkasht or an occupancy tenant or a Maurusidar or a Khatedar tenant or a tenant with transferable and heritable rights and was recorded as such in the annual registers then current, or
(b) was not so recorded, but was a holder of Khudkasht or an occupancy tenant or a Maurusidar or a Khatedar tenant or a tenant with transferable and heritable rights, shall, as from the date of the commencement of this Act, be entitled to all the rights, and subject to all the liabilities, of a Khatedar tenant under this Act.
(2) Every person claiming that the rights mentioned in clause (b) of subsection (1) accured to him shall, within one year of the commencement of the Rajasthan
1[2[Subject to the provisions contained in the proviso to sub-section (1) and in sub-section (2) to (5) of section 15 3[and in section 15A] and further subject to the provisions of section 16 3[ and clause (d) of sub-section (1) of section 180] every person who, at the commencement of the Rajasthan Revenue Law (Extension) Act, 1957, is a tenant of land in the Abu, Ajmer or Sunel area otherwise than as a sub tenant or a tenant of Khudkasht, shall be a khatedar tenant and shall, subject to the provisions of this Act, be entitled to all the rights conferred, and be subject to all the liabilities imposed, on khatedar tenants by this Act:
? Provided that if any such person shall have, before such commencement, acquired any status or property in pursuance of a right lawfully conferred on him in excess of the rights conferred, or incurred in accordance with law a liability in excess of th
Notwithstanding anything in this Act or 1[ in any other law or enactment for the time being in force in any part of the State] Khatedari rights shall not accrue in--
(i) pasture land;
(ii) land used for casual or occasional cultivation in the bed of river 2[or tank];
(iii) land covered by water and used for the purpose of growing Singhara or other like produce;
(iv) land under shifting or unstable cultivation;
(v) land comprised in gardens owned and maintained by the State Government;
(vi) land acquired or held for a public purpose or a work of public utility;
(vii) land which, at the commencement of this Act or at a
1[Every person to whom at the commencement of this Act or at any time thereafter, Khudkasht has been or is let out lawfully 2[by an estate holder in any part of the State] shall be the tenant of such Khudkasht:]3[Provided that, upon the estate holder becoming a khatedar tenant of his Khudkasht land sunder section 13, the tenant of such Khudkasht shall become a sub-tenant holding under and from such khatedar tenant.]
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1. Ins. and shall be deemed always to have been ins. by sec. 6 of Raj. Act No. 27 of 1956, pub. in Raj. Gaz. Part IV-A, Ext., dated 22.9.1956.
2. Subs. by Part-A of the First Schedule of Raj. Act No. 2 of 1958, pub. in Raj. Gaz. Part IV-A, Ext., dated 13.1.1958.
3. Added and shall be deemed always to have been add
Every tenant 1[of land in any part of the State] other than a Khatedar tenant, a tenant of Khudkasht or sub-tenant shall be a Gair Khatedar tenant.
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1. Ins. by Part-A of the First Schedule to Raj. Act No. 2 of 1958, pub, in Raj. Gaz., Part IV-A Ext. dated 13.1.1958.
1[Every Zamindar or Biswedar whose estate is vested in the State Government under the Rajasthan Zamindari and Biswedari Abolition Act, 1959 shall be a Malik within the meaning of section 29 of that Act in respect of any Khudkasht land in his occupation at the date of such vesting.]
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1. Ins. by sec. 7(d) of Raj. Act No. 35 of 1960, pub. in Raj. Gaz., Part IV-A Ext., dated 29.9.1960.
1[***]
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1. Omitted and shall be deemed always to have been omitted by sec. 7 of Raj. Act No. 27 of 1956, pub. in Raj. Gaz., Part IV-A, Ext., dated 22.9.56.
*[1[(1) Every person who, at the commencement of this Act--
(a) was entered in the annual registers then current as a tenant of khudkasht or sub-tenant of land other than grove land, or
(b) was not so entered but was a tenant of khudkasht or sub-tenant of land other than grove land.shall as from the date of commencement of the Rajasthan Tenancy (Amendment) Act, 1959, hereafter in this Chapter referred to as the appointed date, become, subject to the other provisions contained in this Chapter, the Khatedar tenant of such part of the land held by him as does not exceed the minimum area prescribed by the State Government for the purpose of clause (a) of sub-section (1) of section 180 or exceeds the maximum area from which such person is liable to ejectment under clause (d) of the said sub-section of the said section and rights in improvemen
The Rajasthan Tenancy Act, 1955, was enacted to regulate tenancy rights and land relations in the state of Rajasthan. Section 19 specifically addresses the conferment of khatedari rights to certain tenants and sub-tenants, establishing the conditions under which these rights can be claimed.
Section 19 of the Rajasthan Tenancy Act, 1955, provides for the conferment of khatedari rights to tenants of khudkasht and sub-tenants who were in possession of the land at the commencement of the Act. It outlines the criteria for such rights to accrue, including the necessity of being recorded in the annual registers.
The scope of Section 19 is limited to those who were either recorded as tenants or sub-tenants in the annual registers at the time of the Act's commencement or who can prove their status as tenants or sub-tenants through other means.
Section 19 does not prescribe any specific punishment; rather, it outlines the conditions under which khatedari rights can be claimed. However, failure to comply with the provisions may result in the denial of such rights.
This commentary provides an overview of Section 19 of the Rajasthan Tenancy Act, 1955, highlighting its essential elements, scope, and relevant legal interpretations based on judicial precedents.
1[2[(1) Every person claiming compensation on account of the accrual of rights in improvements (other than wells and other irrigation works) existing on, and of khatedari right in respect of, the land held from him by his tenant of khudkasht or sub-tenant shall submit a detailed statement of his claim for such compensation to the sub-Divisional Officer in the prescribed form and in the prescribed manner. Every such claim shall be submitted:-
where such rights have accrued under sub-section (1) 3[Or sub-section (1-A)] of section 19 within four years of appointed day; and where such rights have accrued by virtue of a declaration under sub-section (2) 3[Or sub-section 2-A)] of that section within four years of such declaration].
(2) The Sub-Divisional Officer shall, upon receipt of the statement of claim under sub-section (1):
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1. Omitted by Sec. 5 of Raj. Act No. 7 of 1959, pub. in Raj.Gaz., Part IV-A, Ext., dated 14.2.1959. This amendment came in to force with effect from 5.4.1959, vide Notification No. 6 (60) Rev. B/59, dated 28.3.1959, pub., in Raj. Gaz., Part IV-C, dated 31.3.1959.
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1. Omitted by Sec. 5 of Raj. Act No. 7 of 1959, pub. in Raj.Gaz., Part IV-A, Ext., dated 14.2.1959. This amendment came in to force with effect from 5.4.1959, vide Notification No. 6 (60) Rev. B/59, dated 28.3.1959, pub., in Raj. Gaz., Part IV-C, dated 31.3.1959.
1[(1) The amount of compensation payable to a landholder under sub-section (4) section 12 for the accrual of rights under that section in respect of the whole or a part of the holding of a tenant of Khudkasht or sub-tenant shall be, in the case of unirrigated lands, fifteen times and in the case of irrigated lands, twenty times:
(a) the rent rate sanctioned for such holding or part during the last settlement, where rent in respect thereof has been settled, or
(b) where rent in respect to such holding or part has not been settled, the rent rate sanctioned during the last settlement for similar land in the neighbourhood.
(2) Subject to the provisions contained in section 25, no compensation shall be payable separately in respect of a well or other irrigation work existing on or in respect of any
1[(1) The Sub-Divisional Officer shall determine the value of any improvement (other than a well or other irrigation work) made by the land holder or at his expense in respect of which he claims compensation, having regard to the following matters, namely:-
(a) the cost of the improvement at the time it was made,
(b) the extent to which such improvement is likely to benefit the land in which khatedari rights have accrued under sub-section (1) 2[or sub-section (1 A) 3[or sub-section (1AA)] of section 19 during the period of ten years next following the agricultural year in which such determination is made, and
(c) such other matters as may be prescribed.
(2) Subject to the provisions contained in section 25, the amount of compensation payable to a la
(1) Where a well is attached to any land in which khatedari rights 1[ accrue under section 19] and by any person other than the landholder is entitled to realise nalbat in respect of such well, the Sub-Divisional Officer shall determine the share payable to such person out of the amount of compensation payable to the landholder 2[in respect of such land under sub section (1) of section 23.]
(2) For the purpose of determining such share, the Sub-Divisional Officer shall calculate the average value of the right to such nalbalt in the following manner, namely:-
(a) Where a nalbat is being realised in cash, the average value of the right thereto shall be calculated on the basis of the average of the annual amounts so realised during the five years immediately preceding the agricultural year in which such calculation is made.
&
(1) The total compensation payable by a tenant of Khudkasht or a sub-tenant for the Acquisition of Khatedari rights in land and of right in improvements including well shall consists of the aggregate of the amounts determined under section 23 and 24.
(2) Any amount payable under section 25 shall be ordered to be paid out of the total amount mentioned in sub-section (1).
(1) On the determination of the amount of compensation payable for the acquisition of khatedari rights in improvements or both in accordance with the foregoing provisions the Sub-Divisional Officer shall order payment thereof either in a lumpsum or in a suitable number of annual instalments.
(2) If the Sub-Divisional Officer orders such payment in annual instalments, such instalments shall not exceed 1[ten] in number and shall be fixed with due regard to the following matters, namely:
(i) the total amount of compensation payable,
(ii) the paying capacity of the person liable to pay the sum, and
(iii) such other matters as may be prescribed.
(3) When the amount of compensation or any instalment thereof rem
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1. Omitted by sec. 10--Ibid.
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1. Omitted by sec. 10--Ibid.
1[(1) Where before the accrual of rights under sub-section (1) 2[or subsection (1 A) or 3[or sub-section (1AA)] of section 19, a sub-tenant was holding the land in respect of which the right so accrued to him from a person who became a Khatedar tenant.
(a) upon the commencement of this Act, under section 15; or
(b) upon the commencement of the Rajasthan Revenue Laws (Extension) Act, 1957( Rajasthan Act 2 of 1958), under section 15B; but who had, previous to such commencement, no rights of transfer over such land , the amount of compensation assessed under section 26 shall not be payable to such person unless he is entitled under sub-section (2)]
(2) In the cases contemplated by sub-section (1)--
(a) Compensation for the acquisition of Khatedari righ
1[(1) Nothing in this Chapter shall affect the decision on and disposal of any application under section 19 made before the appointed date and every such decision shall be operative as if validly and lawfully given.
(2) All such applications pending at such date shall be consigned to records without any orders.]
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1. Inserted by S. 12 of Raj. Act No. 7 of 1959, pub in Raj. Gaz., Part IV-A, E.O. dated 14.2.1959. Came in to effect from 5.4.1959 vide Notification No. F 6(20) Rev.- B/59 dated 31.3.1959.
Chapter III-B
Restrictions on Holding Land in Excess of Ceiling Area1
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1. [Repealed by Notification No. F. 2(i) Vidhi/73 dated 29.3.1973 w.e.f. 1.1.1973 and is replaced by Rajasthan Imposition of Ceiling Act, 1973 (Raj. Act No. 11 of 1973). As this Chapter still governs the pending cases, we have reproduced the same].
30B. Definitions.--
For the purposes of this Chapter-
(a) "family" shall mean a family consisting of a husband and wife, their children and grand-children being dependent on them and the widowed mother of the husband so dependent, and
(b) "person", in the case of an individual
*[1[(1) Subject to any rules, that may be made by the State Government in this behalf, a tenant shall have the right, free of charge to possess in the abadi of the village in which he holds land a site for a residential house:
Provided that, if he holds land in more than one village, he may choose the village in which he wishes to enjoy his concession and shall not be entitled to this concession in more than one village:
Provided further that he shall have to make an application to the Tehsildar, if he has no residential house, for allotment of a suitable site for the purpose.
Explanation--A residential house shall include an enclosure or shed for cattle as well as accommodation for stocking seed fodder and agricultural implements and also land required for the construction of reservoir or tan
(1) Every tenant shall be entitled to receive from his land holder a written lease consistent with the provisions of this Act in the prescribed form and containing the prescribed particulars.
(2) Upon delivering or tendering to a tenant such a lease as is mentioned in sub-section (1), the land-holder shall be entitled to receive from the tenant a counterpart thereof.
(3) If a lease or counterpart is not received by the person entitled to receive it under this section, he may bring a suit for obtaining such lease or counterpart, as the case may be,
(1) Notwithstanding anything contained in the Indian Registration Act, 1908 (Central Act XVI of 1908), the parties to a lease may, in lieu of registering the same, obtain the attestation thereto of such officer or person as the State Government may appoint in this behalf,
(2) Such officer or person may, after making such inquiry as may be prescribed, attest the instrument of lease in the prescribed manner:
Provided that no such instrument shall be accepted for attestation unless presented within four months of its execution:
Provided further that nothing contain in this sub-Section shall apply in respect of leases granted by or on behalf of the State Government.
(3) An instrument so attested shall be deemed to be registration within the meaning of t
Subject to any other provisions of this Act, no land holder shall accept a premium for the grant or a lease or make a tenant liable to render any service of the land-holder whether for wages or otherwise and such condition shall be void, notwithstanding any law or custom to the contrary:
1[Provided that nothing in this section shall bar the recovery of the price of land allotted to any person in accordance with rules made under section 100 or section 101 of the Rajasthan Land Revenue Act, 1956 (Rajasthan Act 15 of 1956) 2[or the recovery of any payment required to be made under rules made under section 30F of this Act],
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1. Added and shall be deemed always to have been added by Section 8 of Rajasthan Act No. 46 of 1958, published in Rajasthan Gazette, Part IV-A, dated 24-
Notwithstanding any custom or contract to the contrary, no payment by whatever name called or known, shall in addition to the rent of the holding, or any other charge 1[imposed by law or] approved by the State Government, be levied on or recovered from a tenant.
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1. Inserted and shall be deemed always to have been inserted by Section 9 of the Rajasthan Act No. 46 of 1958, published in Rajasthan Gazette, Part IV-A, Extraordinary, dated 24.12.1958.
Notwithstanding anything contained in this Act or any other law for the time being in force, a tenant shall have the right to remove and utilize for any work in connection with his holding or residential house, stones or other materials lying on, or [under]1 the surface of his holding or obtained by digging during the course of making an improvement:
2[Provided that the exercise of this right by tenants may be regulated by rules' made by the State Government in this behalf.]
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1. Inserted vide S.4 of Raj. Act. No. 4 of I960, Published in Rajpatra, Part IV A, EO. Dated 21.3.60.
2. Substituted & Inserted by S.2 of Rajasthan Act No. 8 of 1965, published in Rajasthan Gazette, Extraordinary, Part IV-A, dated 30.4.1965.
1[(1) If any person has, since before the commencement of this Act, or, in the Abu, Ajmer and Sunel areas since before the commencement of the Rajasthan Revenue Laws (Extension) Act, 1957 (Rajasthan Act 2 of 1958), been Khatedar tenant of, or upon such commencement acquires under section 15 or section 15B Khatedari rights in land with a well is attached thereto and the right to realise nalbat in respect of such well is vested in some person other than the landholder, such first mentioned person may apply to the Sub-Divisional Officer in the prescribed firm and prescribed manner for the acquisition of such right within one year from the date of the commencement of the Rajasthan Tenancy (Amendment) Act, 1959:
Provided that the Sub-Divisional Officer may entertain an application made under this section after the expiry of the period of one year if he is satisfied that the applicant ha
Section 36(a) of the Rajasthan Tenancy Act, 1955, pertains to the rights of tenants concerning the use of materials from their land, emphasizing the tenant's right to use materials for agricultural or other purposes within the scope of their tenancy rights. This section aims to regulate the use of land resources by tenants, balancing their rights with landowner interests.
Section 36(a) grants tenants the right to use materials from their land for agricultural or other permissible purposes, subject to conditions and restrictions prescribed by law or rules. It ensures tenants can utilize materials necessary for cultivation and other activities without undue interference.
The section primarily protects tenants' rights to use materials from their land for cultivation and related activities. It does not extend to transfer or sale of such rights but ensures tenants can access necessary resources for their livelihood. The scope also includes the regulation of such rights through rules and procedures, such as applications and notices.
While Section 36(a) itself does not specify a punishment, violations related to misuse or unauthorized transfer of rights may attract penalties under the broader provisions of the Rajasthan Tenancy Act, 1955, or related rules. Penalties could include fines, eviction, or other legal consequences as prescribed.
Note: The analysis is based on the available sources and legal provisions related to Section 36(a) of the Rajasthan Tenancy Act, 1955.
The rights of a tenant in a holding shall not be liable to seizure, attachment or sale by process of any civil court.
Section 37 of the Rajasthan Tenancy Act, 1955, primarily provides protections to tenants in agricultural holdings against seizure, attachment, or sale of their rights or holdings by process of civil courts. It aims to safeguard the tenancy rights of cultivators from being adversely affected by civil proceedings, especially in cases of debt recovery or execution of decrees.
Section 37 prohibits the seizure, attachment, or sale of the rights of a tenant in an agricultural holding through process of any civil court. The section emphasizes that the rights of a tenant in a holding are not liable to be seized or sold, thus protecting tenant rights from civil judicial measures.
The section itself does not specify a punishment. Violations may attract penalties under general provisions of law for contempt or for disobedience of court orders, or under specific provisions of the Tenancy Act or other relevant laws.
In summary, Section 37 of the Rajasthan Tenancy Act, 1955, provides a fundamental safeguard for tenants against civil court attachment and sale, but subsequent laws like the 1974 Act and the 1993 Act have expanded the scope of attachment to include mortgaged and charged agricultural lands, thereby limiting the protection in specific circumstances. Courts have consistently emphasized that protections are subject to overriding statutory provisions, procedural validity, and the nature of the land or rights involved.
Save as provided in this Act, the interest of a tenant in his holding is heritable but not transferable.
A khatedar tenant may by will bequeath his interest in the holding of part thereof in accordance with the personal law to which he is subject.
When a tenant dies intestate, his interest in his holding shall devolve in accordance with the personal law to which he was subject at the time of his death.
The interest of a Khatedar tenant shall be transferable otherwise than by way of sub-lease, subject to the conditions specified in sections 42 and 43.
Section 41 of the Rajasthan Tenancy Act, 1955, deals with the transferability of a Khatedar tenant's interest in land, establishing the legal framework for how such rights can be transferred, including sale, gift, or bequest. It is a crucial provision that delineates the extent and limitations of tenancy rights in the context of land transfers in Rajasthan.
Section 41 states that the interest of a Khatedar tenant shall be transferable, but not by way of sub-lease, and subject to conditions specified in Sections 42 and 43. The section emphasizes that Khatedar rights are inherently transferable, with restrictions aimed at regulating such transfers.
Section 41 applies to Khatedar tenants holding land under the Rajasthan Tenancy Act, 1955. It governs the extent and manner in which their rights can be transferred, including sale, gift, or bequest. The section aims to facilitate legal transfer of rights while maintaining regulatory controls to prevent unauthorized or excessive alienation.
While Section 41 itself does not specify penalties, violations related to unauthorized transfer or breach of conditions may attract penalties under other provisions of the Act or related laws, including fines or nullification of the transfer if it contravenes prescribed restrictions.
This concise commentary underscores the importance of Section 41 in regulating the transfer of Khatedar rights, balancing tenant rights with state interests, and clarifies the legal boundaries within which such transfers can occur.
1[The sale, gift or bequest by a Khatedar tenants of his interest in the whole or part of his holding shall be void, if
2[***]
(b) such sale, gift or bequest is by a number of Scheduled Caste in favour of a person who is not a member of the Scheduled Caste, or by a member of a Scheduled Tribe in favour of a person who in not a member of the Scheduled Tribe.
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"[(bb) such sale, gift or bequest, notwithstanding anything contained in clause (b), is by a member of Saharia Scheduled Tribe in favour of a person who is not a member of the said Saharia tribe."]4
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1. Substituted by Sec. 3 of Raj. Act. No. 12 of 1964 Pub. in Raj. Gaz. Part IV-A dat
Section 42 of the Rajasthan Tenancy Act, 1955, is a crucial statutory provision aimed at safeguarding the interests of Scheduled Castes and Scheduled Tribes in land transfer transactions. It imposes restrictions on the sale, gift, or bequest of land by members of these communities to non-members, thereby preventing unauthorized alienation and ensuring land security for marginalized communities. Over the years, courts and authorities have interpreted and applied this section to uphold land rights and prevent illegal transfers.
Section 42 prohibits members of Scheduled Castes and Scheduled Tribes from transferring their interest in land to persons outside their community through sale, gift, or bequest, unless specific permissions are obtained. The section also includes provisions for declaring certain transactions void and prescribes procedures for regularization under Rule 24 of the Rajasthan Tenancy (Government) Rules, 1955. Notably, amendments have been made to clarify and strengthen these restrictions.
In summary, Section 42 of the Rajasthan Tenancy Act, 1955, establishes a strict regime to prevent illegal land transfers by members of Scheduled Castes and Tribes to non-members. Violations render transactions void, with penalties and legal consequences. Amendments and judicial rulings clarify that only transactions made with proper permission and regularization are enforceable, and community status, residence, and procedural compliance are critical to validity. Courts have consistently upheld the sanctity of these restrictions to protect land rights of marginalized communities and prevent illegal alienations.
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1. Section 42A deleted vide S.6 of the Act No. 22 of 1992 w.e.f. 11.11.1992. The Text was as follows:
42-A. Declaration as valid of sale, gift and bequest --
Where any sale, gift or bequest made by a Khatedar tenant of his interest in the whole or part of his holding before the commencement of the Rajasthan Tenancy (Amendment) Act, 1978 (Rajasthan Act 11 of 1978) was void on account of contravention of any of the provisions of clause (a) of section 42, such sale, gift or bequest may be declared to be valid by the Collector or any authority authorised by the State Government in this behalf, on an application made to it or him in the prescribed manner and on the payment of the prescribed fee, within [Four years] of the commen
The Rajasthan Tenancy Act, 1955, was enacted to regulate tenancy rights and land transactions in the state of Rajasthan. Section 42(a) specifically addresses the restrictions on the sale, gift, or bequest of agricultural land by khatedar tenants, particularly focusing on the rights of Scheduled Caste and Scheduled Tribe members.
Section 42(a) of the Rajasthan Tenancy Act, 1955, prohibits khatedar tenants who are members of Scheduled Castes or Scheduled Tribes from transferring their interests in land to individuals who are not members of these communities. This provision aims to protect the land rights of marginalized communities.
The scope of Section 42(a) extends to all agricultural land held by khatedar tenants who belong to Scheduled Castes or Scheduled Tribes. It is designed to prevent the alienation of land from these communities, thereby safeguarding their agricultural rights and livelihoods.
While Section 42(a) itself does not prescribe specific penalties, transactions made in violation of this section are deemed void. This legal nullification serves as a deterrent against unauthorized transfers.
This commentary provides a comprehensive overview of Section 42(a) of the Rajasthan Tenancy Act, 1955, highlighting its significance in protecting the land rights of marginalized communities in Rajasthan.
1Where any sale, gift or holding before the commencement of the Rajasthan Tenancy (Second Amendment) Act, 1992 Act No. 22 of 1992 was void on account of contravention of any of the provisions of clause (a) of section 42, as it stood before the said amendment Act of 1992, such sale, gift or bequest may be declared to be valid by the Collector or any officer or authority empowered by the State Government in this behalf on an application made to him or it within such time and in such manner and on payment of such fee and penalty as may be prescribed:
Provided that--
(a) such sale, gift or bequest was otherwise legally valid and in conformity with the provisions of the laws for the time being in force except those contained in clause (a) of section 42 as aforesaid;
(b) the parties to the sale, or
Section 42(b) of the Rajasthan Tenancy Act, 1955, is a statutory provision enacted to protect the interests of Scheduled Castes and Scheduled Tribes by restricting the transfer of land belonging to members of these communities. It aims to prevent exploitation and ensure the preservation of land within these communities, which are considered socially and economically weaker sections.
Section 42(b) declares that:
"The sale, gift, or bequest by a khatedar tenant of his interest in the whole or part of his holding shall be void if such sale, gift, or bequest is by a member of Scheduled Caste or Scheduled Tribe in favor of a person who is not a member of that Scheduled Caste or Tribe."
This provision explicitly prohibits transactions where land owned by SC/ST members is transferred to non-SC/ST persons, making such transactions null and void ab initio.
Section 42(b) of the Rajasthan Tenancy Act, 1955, is a stringent provision designed to protect the land rights of Scheduled Castes and Scheduled Tribes by rendering illegal any transfer to non-community members. Judicial interpretations have consistently held that such transactions are void ab initio, especially when involving juristic persons, thus reinforcing the legislative intent of safeguarding land within these communities. The legal framework provides avenues for challenging illegal transfers, cancellation of mutation entries, and recovery of land, aligning with constitutional mandates for social justice.
1[(1) A khatedar tenant, or with the general or special permission of the State Government or any officer authorised by it in this behalf, a Gair Khatedar tenant, may hypothecate or mortgage his interest in the whole or part of his holding for the purpose of obtaining loan from the State Government or Land Development Bank as defined in the Rajasthan Co-operative Societies Act, 1965 (Act 13 of 1965) or a Co-operative Society registered or deemed to be registered as such under the said Act or any Scheduled Bank or any other institution notified by the State Government in that behalf.
(2) A khatedar tenant may transfer his interest in the whole or part of his holding in the form of usufructuary mortgage to any person but such mortgage must provide that the mortgage amount shall be deemed to be paid off by the usufruct of the property within a specified time not exceeding 2[five] year
Legal Comments
Intro - Focus: Section 43 of Rajasthan Tenancy Act, 1955 (as amended) concerning redemption of usufructuary mortgages and related consequences; relevance across cases cited in provided sources. [Sources: Chunnia VS Keshri Mal]
What Section Says - Section 43(4) deems redemption of a usufructuary mortgage effected before Act commencement after expiry of mortgage term or 20 years, whichever is earlier; mortgagee may be deemed trespasser if not redeemed. Section 43(2)/(3) deal with validity/invalidity of pre-commencement mortgages and consequences on redemption. [Sources: Chunnia VS Keshri Mal, Ram Ratan VS State of Rajasthan, Laxman VS Board of Revenue, Mahesh Narain VS C. G. Rehabilitation Deptt. ]
Essential ingredients - Key elements: (i) mortgage created pre-commencement; (ii) expiry/20-year period; (iii) deemed redemption; (iv) land freed from encumbrances; (v) potential eviction of mortgagee if not redeemed; (vi) limitation/pleadings for redemption. [Sources: Chunnia VS Keshri Mal, Ram Ratan VS State of Rajasthan, Laxman VS Board of Revenue]
Scope of Section - Applies to agricultural land mortgageed with possession; governs redemption and consequences for mortgagee in possession; interacts with related sections on transfer, khatedari rights, and mutation. [Sources: Chunnia VS Keshri Mal, Laxman VS Board of Revenue, Kailash Chand VS Chhoti]
Punishment for Section - Section 183 eviction provisions apply if mortgagee remains in possession after redemption period; in some rulings, mortgagee in possession after expiry may be treated as trespasser subject to eviction and penalties. [Sources: Chunnia VS Keshri Mal, 01700020370, Ram Chandra VS State of Rajasthan]
Legal Comment - "Pre-emption/Transfer Context" - Section 43’s framework interacts with Sections 41-43 (transfer of Khatedari interest) and 42 (restrictions on transfer); courts distinguish between void/invalid/illegal transfers, and refuse enforcement where prohibited by statute or public policy. [Sources: Chunnia VS Keshri Mal, Virmatiben, D/o. Kikubhai Bantiya, W/o. Parshottambhai Chibabhai VS Amjad Fajal, Jagdish VS Sitaram]
Scope - The 1955 Act’s redemption provisions operate irrespective of later amendments; case law clarifies that pre-commencement usufructuary mortgages are redeemed by operation of Section 43(4) unless evidence shows post-commencement mortgage or applicable subsections. [Sources: Chunnia VS Keshri Mal, Laxman VS Board of Revenue, Kailash Chand VS Chhoti]
Limitation aspect - Suit for redemption based on unregistered mortgage deeds is time-barred after 15 years, while registered mortgages fall under different limitation; petitioners missing registration undermines enforceability. [Source: Chunnia VS Keshri Mal]
Distinguishing precedents - Several decisions discuss whether mortgagee in possession becomes trespasser after expiry (e.g., distinguishing cases where possession incorporated khatedari rights or tenancy). Distinctions hinge on whether mortgagee held possession itself or inducted others as tenants. [Sources: Ram Chandra VS State of Rajasthan, 01700020370, Nandigir VS Board of Revenue, Rajasthan]
Khatedari implications - When a land is redeemed, mutation records in favor of mortgagor may be set aside; khatedari rights and their transferability remain governed by Section 15-AAA, 15, 19, and related provisions, with caution that mutation is fiscal and not definitive title. [Sources: Mewar Bone Mills VS Board Of Revenue For Rajasthan, Kailash Chand VS Chhoti, State of Rajasthan VS Board Of Revenue, Mishri Lal VS Ram Khiladi]
Retroactivity and amendments - Interpretation of “commencement of this Act” in Section 15-AAA and its effect on who can claim Khatedari rights; amendments in 1979/1983 create classifications; Court upheld that commencement refers to 1955 Act, not later amendments for eligibility. [Sources: Ram Karan VS State Of Rajasthan]
Pre-emption/transfer restrictions - Section 42/43 create prohibitions on transfers by Khatedar to non-SC/ST; cases emphasize that transfers violating these provisions are void/invalid and not enforceable in Civil Court; public policy concerns. [Sources: Hasvantbhai Chhanubhai Dalal VS Adesinh Mansinh Raval, DECD Shaikh Ismailbhai Hushainbhai Through Lh. VS Vankar Ambalal Dhanabhai, Virmatiben, D/o. Kikubhai Bantiya, W/o. Parshottambhai Chibabhai VS Amjad Fajal, Bal Singh VS State of Rajasthan]
Mutation vs title - Mutation is a revenue mechanism to determine payers of rent; it does not create title; even if mutation in favor of a party, it does not conclusively prove Khatedari rights; cross-check with Section 41/42/43. [Sources: 01701994123, Laxman VS Board of Revenue, Chunnia VS Keshri Mal]
Adverse possession debate - Several judgments reject granting Khatedari rights via adverse possession under this Act; the Act provides specific modes (Sections 12/13/15/19/15AAA) and excludes trespassers from Khatedari rights; debate remains in some High Court rulings but Supreme Court guidance emphasizes statutory framework. [Sources: Jagdish VS Sitaram, Kailash Chand VS Chhoti, Ram Karan VS State Of Rajasthan]
Year/Date specificity - Multiple judgments stress that “commencement” references the Act’s date (15-10-1955) for eligibility to khatedari rights; later amendments do not automatically revive eligibility for all pre-existing holders. [Sources: Mishri Lal VS Ram Khiladi, Ram Karan VS State Of Rajasthan]
Mortgagee vs trespasser status after redemption - Where mortgage deed predates Act and redemption occurs, mortgagee may be considered redeemed; if mortgagee remains in possession, eviction under Section 183 follows; if mortgagee had induced tenants, distinctions apply. [Sources: Ram Chandra VS State of Rajasthan, Prabhati VS Mangal, Chunnia VS Keshri Mal]
Co-tenancy and section 53/partition - In co-tenancy, each co-tenant’s rights are treated per share; partition decrees require proper adjudication; adverse possession arguments on co-tenant land are tempered by Section 53 and co-ownership rules. [Sources: Chittarlal VS Lakshminarayan, Janki Lal VS Pravin Kumar]
Transfer of khatedari rights via sale/deed - Transfers by Khatedar to non-members of SC/ST or among co-sharers require compliance with Section 42/43; courts have held such transfers void or unenforceable where prohibited, but buyers in good faith may pursue alternate remedies, subject to law. [Sources: Kanchan Bai VS Board of Revenue, Laxman VS Board of Revenue, Chomu Sahakari Kray Vikary Samiti Limited VS Jagdeeshprasad Meena]
Ejectment procedures post-redemption - After redemption, eviction suits proceed under appropriate sections (183/188) depending on whether the land is in possession of mortgagee, other occupants, or if there is a status as Khatedar or trespasser; appellate courts scrutinize the basis of possession. [Sources: Jodha VS Board of Revenue, 01700052387 (implicit), 01700024999 (contextual)]
Summary conclusion - Section 43(4) anchors redemption for mortgages created before commencement; subsequent case law reinforces that redemption frees land from encumbrances, guiding eviction and mutation; interplay with Khatedari rights requires per-case analysis of transfer provisions, limitation, and mutation as revenue mechanism. [Sources: Chunnia VS Keshri Mal, Laxman VS Board of Revenue, Mewar Bone Mills VS Board Of Revenue For Rajasthan, Khema VS Shri Bhagwan]
1[(1) 2[Notwithstanding anything contained in section 43, a mortgage other than a usufructuary mortgage of a tenant's holding] effected before the commencement of this Act and the rights and liabilities of the parties too such a mortgage shall, notwithstanding anything contained in 3[this Act], continue to be governed by the terms thereof and by the law in such relation thereto prevailing before such commencement.
(2) Any such right or liability may be enforced by means of a suit instituted by the person aggrieved in the court of the Assistant Collector having jurisdiction within the time, if any, fixed and on payment of the court fee prescribed, therefore by such law.
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1. Inserted and shall be deemed always to have been inserted by section 4 of Rajasthan Act No.5 of 1957
Legal Comments
"Scope" - Rajasthan Tenancy Act 1955 Section 43 defines mortgageed/holding transfer constraints; Section 5(43) defines who is a tenant; Section 15/19/15-AAA govern khatedari rights and exclusion for certain areas (e.g., canal areas) - [Mewar Bone Mills VS Board Of Revenue For Rajasthan]
"Essential ingredients" - Khatedari rights attach upon commencement or resumption; transferrable interests limited by Sections 41-43; adverse possession cannot create khatedari rights per several rulings; prohibition on trespassers becoming khatedars; reliance on mutation as not conclusive title - [Mewar Bone Mills VS Board Of Revenue For Rajasthan], [01700044178], [Chunnia VS Keshri Mal], [01700023426]
"What Section 43(a) Says" - Note: Section 43(2)/(4) discuss redemption of usufructuary mortgages (before/after commencement), and Section 43(4) deems redemption after 20 years, making mortgaged land free; 43(1)/(3) define consequences if mortgage is not redeivered; 5(43) defines who is a tenant (excludes trespasser) - [Chunnia VS Keshri Mal], [Ram Ratan VS State of Rajasthan], [Laxman VS Board of Revenue], [Kaushal VS Board of Revenue]
"Scope" - Section 43 interacts with mortgage redemption and ejectment provisions; concurrent application with limitation under Section 214; mutation proceedings not final title; adverse possession not a basis to confer khatedari in many cases; co-tenants have transferable undivided shares but not to confer tenancy on trespassers - [Chunnia VS Keshri Mal], [Laxman VS Board of Revenue], [Khema VS Shri Bhagwan], [Chittarlal VS Lakshminarayan], [Hasvantbhai Chhanubhai Dalal VS Adesinh Mansinh Raval]
"Punishment for Section" - The Act contemplates penalties for unlawful acts (e.g., evicting trespassers, penalty for remaining in possession after redemption period under Section 183). However, Section 43 itself primarily deals with redemption and trespasser status; many cases discuss consequences rather than criminal penalties; penalties are typically civil (eviction, damages) but not criminal under Sec. 43(4) – [Ram Chandra VS State of Rajasthan], [Jodha VS Board of Revenue], [Kaushal VS Board of Revenue]
"Khatedari rights from adverse possession" - Multiple decisions hold that khatedari rights cannot be conferred on trespassers or adverse possessors; Section 5(43) explicitly excludes trespassers; adverse possession cannot create khatedari rights under Section 88/180; Full Bench decisions in Rajasthan (RBJ) and later cases reject adverse possession as a route to khatedari in canal/colonial areas - [Yusuf Ali Khan VS Vimal Kumar], [Laxman VS Board of Revenue], [Kailash Chand VS Chhoti], [Khema VS Shri Bhagwan]
"Co-tenants and transferability" - Undivided co-tenants have transferable interest in khatedari; sale of entire survey number by a co-tenant may be valid if within Sections 41-43; but transfer cannot defeat other co-tenants; rights to pre-emption under Rajasthan Pre-emption Act 1966 are limited and require ownership transfer, not mere khatedari transfer - [Janki Lal VS Pravin Kumar], [Bank Of Baroda VS Mohd. Bhai], [Mohd. Noor: Kailash Dan: Meghraj VS Mohd. Ibrahim: Rawata: Onkar Lal], [Bal Singh VS State of Rajasthan]
"Mutation vs title" - Mutation entries in mutation proceedings do not confer title; mutation decides who is payable rent; title remains in State or previous holder depending on law; thus mutation cannot be sole basis for khatedari rights or possession in many revenue suits - [01701994123], [Laxman VS Board of Revenue]
"27-year and occupancy considerations" - Section 15-AAA amendments clarified that some long-standing tenants at commencement of Act can be recognized as khatedar if continuous possession; classification under Article 14/constitutional grounds upheld; the "commencement of this Act" references Act 1955 base date rather than Amendment Acts unless specified - [Ram Pratap VS LRs. of Mansukhram], [Ram Karan VS State Of Rajasthan]
"Section 42/46A limits on sale by Khatedars of SC/ST" - Transfers by Khatedars of SC/ST to non-SC/ST are void/invalid; courts have held such transfers void ab initio to protect weaker sections; sale of entire interest by co-sharers requires compliance with 42/46A; transfer to non-SC/ST is not enforceable – [DAMODAR VS SON DEI], [Hasvantbhai Chhanubhai Dalal VS Adesinh Mansinh Raval], [Ashokbhai Madhubhai Patel VS Madhubhai Jagubhai Patel], [Virmatiben, D/o. Kikubhai Bantiya, W/o. Parshottambhai Chibabhai VS Amjad Fajal]
"Ejectment after expiry of fixed term" - Tenants holding over after expiry may be treated as tenants holding over (not trespassers) in some contexts; however, many Rajasthan cases treat expiring leases as subject to Section 63/180; ejectment must follow these procedural paths; not simply civil eviction under general law - [Nandigir VS Board of Revenue, Rajasthan], [Jodha VS Board of Revenue]
"Reservation and ceiling/Canal-area specifics" - Section 15-AAA/15-A provisions specifically address Canal area and ceiling/determination; if not properly decided under 1979/1983 amendments, issues may be remanded; residential/transferability implications tied to canal area customs - [Ram Ratan VS State of Rajasthan], [Mishri Lal VS Ram Khiladi], [Kaushal VS Board of Revenue]
"Limitation and redemption timing" - Limitation for redemption suits depends on mortgage registration; before commencement, unregistered mortgages gave 15-year period; after commencement, certain provisions apply; Section 43(4) redemption is not applicable to post-commencement mortgages; Supreme Court/Madras decisions discuss interplay of limitation with tenancy acts - [Chunnia VS Keshri Mal], [Onkarlal VS Ladulal], [Kailash Chand VS Chhoti], [J. Chawla vs Vern Kumar Datt]
"Mutations and title in deity muafi" - In muafi lands or deity lands, mutation cannot confer khatedari rights unless constitutionally permissible; the deity/deity’s Shebait cannot claim unbounded rights; resumption cases show rights vest in State; title not conferred to mutating party - [Kanchan Bai VS Board of Revenue], [Laxman VS Board of Revenue], [Jamil Ahmed VS Tufel Ahmed]
"Practical takeaway" - For khatedari rights, rely on Sections 5(43), 13, 15, 19, 15-AAA; to claim rights, establish status as khatedar on or before commencement; avoid relying on adverse possession or mutation alone; respect restrictions for canal area and SC/ST transfers; seek revenue court remedies for mortgage redemption and ejectment in accordance with Section 183/188 - [Khema VS Shri Bhagwan], [Kailash Chand VS Chhoti], [Ram Karan VS State Of Rajasthan], [Chittarlal VS Lakshminarayan]
"Limitations on trespassers" - The Act does not recognize trespassers as Khatedar; Section 5(43) excludes trespassers; a person in unlawful possession cannot claim khatedari rights except through explicit statutory routes; adverse possession is generally not a route under these special tenancy laws - [Jagdish VS Sitaram], [Yusuf Ali Khan VS Vimal Kumar], [Mamchand VS Santra]
"Auction and attachment procedures" - Auction adjournments and attachments are governed by Rule 90/Order 21 CPC; mere irregularities without substantial injury do not void sale; tenancy protections under Section 37 apply only to tenants; the court noted that non-tenants cannot claim Section 37 protections against attachment - [Radha Devi VS Jorawar Singh], [Nandigir VS Board of Revenue, Rajasthan]
"Key principle from jurisprudence" - The Rajasthan Tenancy Act is a special Act creating khatedari rights; where conflict arises with general property law or Limitation Act Articles 64/65, the special statute governs; adverse possession cannot create khatedari rights; transfers by khatedar must comply with Sections 41-43; Section 42 prevents transfers of part-ownership in certain scenarios - [Yusuf Ali Khan VS Vimal Kumar], [Bank Of Baroda VS Mohd. Bhai], [Hasvantbhai Chhanubhai Dalal VS Adesinh Mansinh Raval], [Chittarlal VS Lakshminarayan]
"Constitutional considerations" - Section 15-AAA amendments and Section 15-A protections have been upheld as constitutional, with Article 14 classifications sustaining; areas like Rajasthan Canal and SC/ST protections are given due regard; Ninth Schedule protection under Article 31-B noted in canal-areas matters - [Ram Pratap VS LRs. of Mansukhram], [Lt. Col. Maharaj Himmatsingh VS State of Rajasthan]
"Practical caveat" - When drafting pleadings or considering khatedari rights under Section 15/19/13/15-AAA in Rajasthan Tenancy Act, ensure the case is anchored in statutory eligibility dates, the possession category (khatedar/sub-tenancy), and deposit/receipt of rent where applicable; avoid relying solely on mutation or adverse possession to assert khatedari rights - [Mewar Bone Mills VS Board Of Revenue For Rajasthan], [Khema VS Shri Bhagwan], [Kailash Chand VS Chhoti]
"Judicial trend" - Consistent emphasis on khatedari rights being statutory and not conferred by mere possession; trespassers cannot be granted khatedari rights; courts have repeatedly distinguished between transfer of subordinate khatedari rights and transfer of ownership; adverse possession cannot override statutory restrictions - [Yusuf Ali Khan VS Vimal Kumar], [Khema VS Shri Bhagwan], [Mewar Bone Mills VS Board Of Revenue For Rajasthan], [Bank Of Baroda VS Mohd. Bhai]
"Final observation" - The Rajasthan Tenancy Act 1955 remains a complex, case-specific regime; the key reference points for Section 43(a) oriented commentary are redemption (Section 43(4)), limitation (Section 214), transfer restrictions (Sections 41-43), and the exclusion of trespassers from khatedari entitlement; outcomes hinge on the factual matrix, possession history, and proper identification of tenancy category - [Chunnia VS Keshri Mal], [Bal Singh VS State of Rajasthan], [Mewar Bone Mills VS Board Of Revenue For Rajasthan], [Khema VS Shri Bhagwan]
A holder of Khudkasht may let and a tenant may sub-let the whole or any part of his holding subject to such restrictions as are imposed by this Act.
Provided that no such sub-letting shall in any way relieve the tenant of any of his liabilities to his landholder.
Legal Comments- "Introduction" - Rajasthan Tenancy Act 1955 governs khatedari rights, tenancies and protections; Section 44 is a key provision on letting/sub-letting; numerous related provisions (Sections 5, 42, 45, 46-A, 47-53 etc.) shape scope and transferability of tenancy rights. [Sources quoted collectively; e.g., Tiku Ram VS B. O. R. ; Ram Karan VS State Of Rajasthan; 01700004278]
"What Section Says" - Section 44 permits a khudkasht holder to let and a tenant to sublet the whole or part of his holding, subject to Act-imposed restrictions; interacts with Sections 42 (restrictions on transfer), 45 (letting sub-tenancies duration), and 46-A (special protections in certain categories). [01700034457, Legal Heirs of Abdul VS State of Rajasthan, State of Rajasthan VS Chanda]
"Essential ingredients" - (i) Relationship: khudkasht holder or tenant; (ii) Permissible transfer: letting or sub-letting; (iii) Compliance with restrictions (Section 42, 46-A, 45, etc.); (iv) Registration/deeds as per other transfer provisions; (v) Civil consequences for breach (e.g., ejectment or invalid transfers). [Tiku Ram VS B. O. R. , Budha VS Board of Revenue, Lalu VS Board of Revenue]
"Scope of Section" - Applies to agricultural holdings under Rajasthan Tenancy Act; interacts with Transfer of Property Act for transfer mechanics but Section 38/44 carve out heritable/transferable rights; limits on transfer to protect Scheduled Castes/Tribes via Section 42, 46-A, 49-A; and exceptions in Canal Area/Muafi contexts. [Tiku Ram VS B. O. R. , 01700024111, Jodha VS Board of Revenue, Ram Karan VS State Of Rajasthan]
"Punishment for Section" - Not a criminal sanction; breach typically attracts civil consequences: ejectment under Sections 183/180, or declarations/partitions; penalties or costs may be imposed in revenue proceedings; and acts of illegal letting/sub-letting may be void or subject to mutation/cancellation. [Rampal VS The Board of Revenue, Jodha VS Board of Revenue, Radha Devi VS Jorawar Singh]
"Judicial interpretation (key themes)" - Section 44’s scope tolerates letting/sub-letting within act constraints; but transfer by khatedars to non-members of SC/ST restricted; when violation occurs, courts deem transfers void ab initio under Section 42; the interplay with 15-AAA/15-A/33-year ceilings often determines khatedari status post-commitment. [State of Rajasthan VS D. H. Well, 01700034114, HARDAYAL VS JAGGASINGH, Ram Karan VS State Of Rajasthan]
"Retrospective/amendment effects" - Amendments expanding/curbing transfer rights (e.g., Section 15-AAA) have been interpreted to preserve khatedari rights for certain pre-1955 tenants; Section 42’s restrictions continue to protect SC/ST; interpretations emphasize act as a self-contained regime with overriding effects over general law. [Ram Karan VS State Of Rajasthan, Lt. Col. Maharaj Himmatsingh VS State of Rajasthan, State of Raj. VS Shri Allahbux]
"Relation to khatedari transfers" - Section 44 enables letting, but khatedari rights remain transferable only within the limits of Sections 41-43 and 42; co-tenant transfers and partition require caution (see cases on joint khatedari without partition). [Shankarlal VS Keshavlal, State of Rajasthan VS Chanda, Mishri Lal VS Ram Khiladi]
"Ejectment implications" - If tenancy or khatedari is violated (e.g., sub-tenant beyond term or illegal transfer), ejectment under Section 183 or related sections may follow; courts often treat violators as trespassers if rights are not recognized or have lapsed. [Jodha VS Board of Revenue, Kaushal VS Board of Revenue, Rampal VS The Board of Revenue]
"Partition/Joint holdings" - In co-tenancy/joint khatedari without partition, sale/mutation may require partition; Section 44 transfers do not necessarily clarify partition, leading to need for fresh decree or mutation under 42B/53 provisions. [State of Rajasthan VS Chanda, 01700041238]
"Special protections (SC/ST)" - Section 42 and 46-A restrict transfers where the transferor is SC/ST and transferee is not; Section 49-A restricts exchanges; these ensure protective regime for vulnerable communities within tenancy law. [BOGARAM VS MOHANARAM, Ram Karan VS State Of Rajasthan, Budha VS Board of Revenue]
"Muafi/Canal area context" - Canal area scenarios (Section 15-AAA, 15-A etc.) clarify khatedari rights and vesting on completion of canal projects; these contexts affect letting/sub-letting rights and transferability in that special zone. [Ram Karan VS State Of Rajasthan, Bal Kishan VS Board of Revenue, 01700018355]
"Remand/appealability notes" - Orders under Section 42/44 can be subject to revision or appeal; boards of revenue have supervisory power, but relief depends on statutory scheme; second appeals/ revision often govern. [Moti Lal Son of Govind Ram (Since Deceased) through His Legal Heirs VS Urmila Devi Daughter Of Sita Ram, State of Raj. VS Shri Allahbux, Khema VS Shri Bhagwan]
"Conflict with general law" - Rajasthan Tenancy Act is a special law; when conflicts arise with general transfers, the Act prevails; interpretation requires avoiding unwarranted reading of Transfer of Property Act into tenancy regime. [Hema Ram VS Ram Singh, Tiku Ram VS B. O. R. ]
"Impact on sale deeds" - A sale or transfer by khatedar in contravention of Section 42 is void ab initio; mutation based on such transfer is also liable to be quashed; leads to restoration of original status or declaration of invalidity. [State of Rajasthan VS D. H. Well, BOGARAM VS MOHANARAM]
"Role of revenue courts vs civil courts" - While Section 44 deals with tenancy, actions like sale/deed-related disputes may be triable in civil or revenue courts depending on the relief sought; certain declarations about khatedari rights fall under Tenancy Act; jurisdictional questions arise in mixed claims. [BOGARAM VS MOHANARAM, Banshilal VS Divisional Commissioner]
"Key holdings (illustrative rulings)" -
Mortgagee-tenants and long possession cases illustrate protection/enforcement under Section 9/Section 43/Section 183. [Kanchan Bai VS Board of Revenue, Jodha VS Board of Revenue, Budha VS Board of Revenue, Banshilal VS Divisional Commissioner]
"Practical takeaway" - Section 44 provides flexibility to let/sub-let, but must be reconciled with transfer restrictions (Section 42) and protective provisions for SC/ST; any deviation risks civil/ revenue relief and potential ejectment; always check alternative remedies under Sections 42-46-A-49-A and partition provisions before transfers. [Tiku Ram VS B. O. R. , BOGARAM VS MOHANARAM, Budha VS Board of Revenue]
"References" -
Note: The above points are distilled from the provided source summaries. Where a point lacked specific factual support in the supplied texts, it has been omitted. References are provided in square brackets after each bullet.
(1) No holder of Khudkasht shall let and no Khatedar tenant or his mortgagee shall sub-let the whole or any part of his holding at any one time for a term exceeding five years.
(2) Where a lease or sub-lease has once been granted for any term under sub-section (1) no further lease or sub-lease, as the case may be, in respect of the same land shall be granted within two years of the expiry of the first mentioned lease or sub-lease.
(3) No Gair Khatedar tenant shall sub-let the whole or any part of his holding for a term exceeding one year.
(4) No sub-tenant or tenant of Khudkasht shall sub-let the whole or any part of his except in circumstances mentioned in Section 46.
Section 45 of the Rajasthan Tenancy Act, 1955, is a crucial provision regulating the duration of leases and sub-leases of agricultural land, aiming to prevent illegal long-term leasing and sub-letting beyond permissible limits. It ensures land reform and safeguards the rights of landholders by restricting the tenure of agricultural leases.
Section 45 stipulates that no lease or sub-lease of agricultural land shall be valid if it exceeds a period of five years. Any lease or sub-lease for a longer duration is deemed invalid. The section also addresses the consequences of violating this restriction, including the classification of such long-term occupancy as trespass and the liability for ejectment.
Section 45 applies to:- All leases and sub-leases of agricultural land entered into after the commencement of the Act.- Occupants who have continued beyond the statutory period without valid conversion or declaration.- Cases involving illegal long-term leasing or sub-letting, whether for commercial or other purposes.- It also indirectly influences land conversion procedures, as lease validity depends on land use status.
The section primarily provides for the classification of long-term unlawful occupation as trespass, making such occupants liable for eviction. It does not specify criminal penalties but facilitates civil remedies, including ejectment proceedings against illegal occupants exceeding the five-year limit.
Restriction on Lease Duration - Section 45 restricts the validity of agricultural land leases to a maximum of five years, aiming to prevent long-term unauthorized occupation [Sunil Bishnoi S/o Shri Hanuman Singh Bishnoi VS Indian Oil Corporation Limited`].
Sub-tenants as Trespassers - Sub-tenants who continue occupation beyond five years without proper conversion or declaration are deemed trespassers liable for eviction [Kaushal VS Board of Revenue].
Invalidity of Long Leases - Lease deeds for agricultural land exceeding five years are considered invalid under Section 45, affecting eligibility in land-based applications or allotments [Vikram Singh Chundawat VS Senior Manager, Hindustan Petroleum Corporation Ltd. ].
Impact on Land Conversion - Lease agreements for agricultural land intended for conversion into non-agricultural use must comply with Section 45; otherwise, they are invalid, leading to reduction of marks or rejection in official procedures [Vikram Singh Chundawat VS Senior Manager, Hindustan Petroleum Corporation Ltd. ].
Legal Consequences of Violating Section 45 - Occupants exceeding the permissible lease period can be forcibly ejected, and their occupation is treated as unlawful trespass [Sunil Bishnoi S/o Shri Hanuman Singh Bishnoi VS Indian Oil Corporation Limited`].
Role in Land Reforms - Section 45 aids in land reforms by curbing illegal long-term leases, ensuring land remains accessible for genuine landholders and intended purposes [Sunil Bishnoi S/o Shri Hanuman Singh Bishnoi VS Indian Oil Corporation Limited`].
Effect on Sub-Lease and Transfer - Sub-leases for more than five years are void, and occupants under such agreements are liable for eviction, reinforcing the restriction on long-term sub-letting [Vikram Singh Chundawat VS Senior Manager, Hindustan Petroleum Corporation Ltd. ].
Legal Validity of Lease Deeds - Lease deeds for agricultural land must be for five years or less; longer leases are invalid and can be challenged in courts [Vikram Singh Chundawat VS Senior Manager, Hindustan Petroleum Corporation Ltd. ].
Repercussions in Dealer Selection - In cases involving land offered for commercial purposes (e.g., petrol pump outlets), lease validity under Section 45 influences the assessment of land suitability and eligibility [Vikram Singh Chundawat VS Senior Manager, Hindustan Petroleum Corporation Ltd. ].
Land Occupation and Limitation - The section clarifies that occupation beyond five years without proper conversion or declaration is unlawful, and such occupants are liable for ejectment as trespassers [Kaushal VS Board of Revenue].
Legal Precedents - Court judgments have affirmed that continuation of occupation beyond five years without proper legal process results in trespass, emphasizing the importance of compliance with Section 45 [Sunil Bishnoi S/o Shri Hanuman Singh Bishnoi VS Indian Oil Corporation Limited`].
Policy Implications - The section supports government policies aimed at preventing illegal long-term leasing and ensuring land is available for rightful owners and development projects [Sunil Bishnoi S/o Shri Hanuman Singh Bishnoi VS Indian Oil Corporation Limited`].
Implication for Landowners - Landowners can initiate ejectment proceedings against sub-tenants or lessees who have overstayed the permissible period, reinforcing land rights [Kaushal VS Board of Revenue].
Legal Certainty - Section 45 provides clear legal standards for lease validity, reducing disputes related to long-term leases and sub-leases of agricultural land [Vikram Singh Chundawat VS Senior Manager, Hindustan Petroleum Corporation Ltd. ].
Limitations and Exceptions - The section does not apply if the lease is converted into non-agricultural use through proper procedures, which can legalize longer leases [Vikram Singh Chundawat VS Senior Manager, Hindustan Petroleum Corporation Ltd. ].
Interaction with Land Conversion Rules - For leases to be valid beyond five years, land must be converted from agricultural to non-agricultural use, complying with land use regulations; otherwise, the lease remains invalid [Vikram Singh Chundawat VS Senior Manager, Hindustan Petroleum Corporation Ltd. ].
Note: The references are based on the provided sources, formatted as per the instruction.
(1) The restrictions imposed by Section 45 on letting by a holder of Khudkasht and on sub-letting by a tenant shall not apply to--
(a) a minor, or
(b) a lunatic, or
(c) an idiot, or
(d) a woman who is unmarried or divorced or separated from her husband, or is a widow, or
(e) a person incapable disability of cultivating his holding by reason of blindness or other physical disability or infirmity, or
(f) a person who is a member of the armed force of the Union, or
(g) a person who is suffering detention or confinement in prison, or
(h) a person not exceeding twenty-five year
1[Notwithstanding anything contained in sections 44. 45 and 46, no person who is a member of a scheduled caste or a scheduled tribe shall let or sub-let the whole or any part of his holding under the said sections to any person who is not a member of a scheduled caste or a scheduled tribe.]
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1. Inserted and shall be deemed always to have been inserted by section 6 of Rajasthan Act No. 28 of 1956, published in Rajasthan Gazette, part IV-A Extraordinary, dated 22.9.1956.
The successor-in-interest of a tenant who has sub-let shall be bound by the terms of the sub-lease in so far as they are not inconsistent with the provisions of this Act.
1[(1) Nothing contained in the foregoing provisions of this Act relating to transfers of agricultural tenancies shall apply to the sale, mortgage, lease, sublease or other transfer of land on a tenant's holding in the Abu, Ajmer or Sunel area lawfully effected before the commencement of the Rajasthan Revenue Laws (Extension) Act, 1957 and the rights and liabilities of the parties to every such transfer shall, notwithstanding anything contained in this Act continue to be governed by the terms of such transfer and by the law in relation there to prevailing immediately before such commencement.
(2) The provisions of sub-section (2) of section 43A shall mutatis-mutandis apply in respect of the enforcement of every such right or liability.]
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1. Inserted by part A of the First S
(1) Tenants of the same class may exchange land which they hold from the same landholder with the written consent of such landholder or which they hold from different landholders with written consent of all such land holders.
(2) A landholder may in agreement with a tenant given such tenant land other than land which is let, in exchange for land which is included in such tenant's holding.
Section 48 of the Rajasthan Tenancy Act, 1955, deals with the exchange of agricultural lands between tenants and landholders, or among tenants of the same class, with the consent of the landholder. It provides a legal framework facilitating the voluntary transfer of land rights, subject to prescribed procedures and safeguards. The section aims to promote equitable land management and utilization, especially in rural agrarian contexts.
Section 48 authorizes tenants of the same class to exchange land they hold from the same landholder, provided they obtain written consent from the landholder. The section also stipulates procedural requirements, including the necessity of obtaining proper consent and registering the exchange, often involving the officer deputed under the Act. It emphasizes that such exchanges should be for agricultural purposes and conform to the rules prescribed under the Act.
Section 48 primarily facilitates voluntary exchange of land among tenants of the same class, promoting efficient land use. It applies to land held from the same landholder and for agricultural purposes. The section also governs the procedural aspects, ensuring transparency and legality of such exchanges. It does not cover sale, gift, or transfer outside the provisions, nor does it apply to transfers involving landholders of different categories or for non-agricultural purposes.
The Act does not explicitly prescribe punitive measures for contraventions of Section 48. However, violations such as unauthorized transfer, non-compliance with procedural formalities, or transfer of land outside the scope may attract penalties under general provisions of the Rajasthan Tenancy Act, including cancellation of such transfers, fines, or other legal consequences as determined by the courts or authorities.
Note: The references are based on the provided sources, primarily from the legal judgments and extracts related to Section 48. The analysis synthesizes these insights into a comprehensive legal commentary.
(1) A Khatedar tenant who wishes to consolidate the area which he cultivates may supply to the Assistant Collector to exchange any portion of the land which he cultivates for land cultivated by another Khatedar tenant.
(2) If on receipt of an application under sub-section (1), the Assistant Collector is satisfied after making enquiry in the prescribed manner that reasonable grounds exist, he may grant such application either in whole or in part and allot to the other tenant land cultivated by the applicant which is approximately equal in value to and is of same quality as the land received by the applicant.
1[Notwithstanding anything contained in section 48 and 49, no tenant who is a member of a scheduled caste or scheduled tribe shall have the right to exchange his holding under any of those sections for land which is included in the holding of a person who is not a member of a scheduled caste or scheduled tribe and an application under section 49 shall be rejected if it contravenes the provisions of this section.]
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1. Inserted vide Act. No.23 of 1987 Came in to force on 11th August, 1987 replacing Ordinance No. 19 of 1987 published in Raj. Gaz. E.O. Part 4 (Ka) dated 3.11.1987 Page 147.]
On exchange of land under section 48 or section 49, a tenant shall have the same right in the land received in exchange as he had in the land given in exchange.
Notwithstanding anything contained in any law for the time being in force if the land allotted in exchange for other land in burdened with any lease, mortgage or other encumbrance, such lease mortgage or other encumbrance shall be transferred and shall attach to such other land to, or to such part of such other land as may be specified by the Assistant Collector and thereupon, the lessee, mortgagee or other encumbrances shall cease to have any right in or against the land from which the lease, mortgage or other encumbrance was transferred:
Provided that no order shall be passed under this section without giving to the persons concerned a reasonable opportunity of being heard.
On exchange of land under section 48 or section 49, the appropriate entry relating thereto shall be made in the record of rights.
(1) 1[***]
(2) A division of a holding shall be effected in the following manner--
(i ) by agreement between the co-tenants in respect of--
(a) such division of the holding; and
(b) the distribution of rent over the several portions in to which the holding is so divided; or
(ii) by the decree or order of competent court passed in a suit by one or more of the co-tenants for the purpose of dividing the holding and distributing the rent thereof over the several portions in to which it is divided.
(3) 2[***]
(4) To every suit for the division of one or more than one holding , all the co-tenants and the landholder shall b
Section 53 of the Rajasthan Tenancy Act, 1955, governs the legal framework for the partition of joint tenancy holdings among co-tenants. It provides procedures for the division of land, ensuring that co-owners can seek partition through revenue courts, maintaining the integrity of joint holdings while facilitating equitable distribution.
Section 53 prescribes that co-tenants of agricultural land can apply for partition of their joint holding. It details the process for filing applications, the manner of division, and the role of revenue authorities in executing partition. The section emphasizes that partition should be in accordance with the principles of fairness, and the minimum area prescribed by law must be maintained for each partitioned share.
Section 53 applies primarily to:- Co-tenants holding joint khatedari rights.- Disputes regarding the division of agricultural land.- Cases where mutual consent is insufficient without actual division.- Ensuring that the division respects the minimum area requirements.- It excludes cases where land is recorded as self-acquired or in cases involving non-co-tenants.
Section 53 itself does not prescribe specific punishments. However, violations such as illegal division, non-compliance with orders, or misrepresentation can attract penalties under the general provisions of the Rajasthan Tenancy Act, including penalties for illegal possession or unauthorized transfer.
"Partition only by co-tenants" - Section 53 restricts the right to file a suit for partition to co-tenants, emphasizing that non-co-tenants cannot initiate such proceedings [Mamkori VS Board of Revenue].
"Actual division and possession" - Evidence of physical division and separate possession is essential; mutual consent alone is insufficient for valid partition [Pukh Raj VS Board of Revenue].
"Legal position on adverse possession" - Long possession by a co-tenant does not amount to adverse possession; specific repudiation and hostile intent are required to oust a co-owner’s rights [Mamkori VS Board of Revenue].
"Revenue records as evidence" - Revenue records showing joint khatedari rights are conclusive unless challenged with proof of actual partition or ouster [Manohar Lal (Since Deceased) through LRs. VS Board of Revenue, Ajmer, Rajasthan].
"Oral partition and family records" - Oral evidence of partition is generally insufficient unless supported by documentary proof; continuous joint recording indicates no partition [Manohar Lal (Since Deceased) through LRs. VS Board of Revenue, Ajmer, Rajasthan].
"Role of revenue authorities" - Revenue authorities are empowered to facilitate partition, but their orders must conform to legal principles, including minimum area requirements [Subhash Chander VS Board Of Revenue Rajasthan, Ajmer Thr. Its Registrar].
"Legal effect of mutual consent" - Mutual consent without actual physical division and separate possession does not constitute a valid partition under Section 53 [Pukh Raj VS Board of Revenue].
"Partition suits by non-co-tenants" - Such suits are not maintainable; only co-tenants can seek partition under this section [Mamkori VS Board of Revenue].
"Legal position on joint khatedari" - Joint khatedari rights are presumed unless evidence of partition or ouster is established; mere possession does not confer title [Mamkori VS Board of Revenue].
"Legal consequences of non-compliance" - Non-compliance with revenue court orders regarding partition can lead to penalties, but Section 53 itself does not specify punishments [Mamkori VS Board of Revenue].
"Legal position on family partition" - Family partition through oral agreement is not sufficient; legal partition requires formal procedures and evidence of physical division [Manohar Lal (Since Deceased) through LRs. VS Board of Revenue, Ajmer, Rajasthan].
"Legal effect of revenue record entries" - Entries in revenue records are prima facie evidence of joint khatedari rights but can be challenged with proof of actual division [Manohar Lal (Since Deceased) through LRs. VS Board of Revenue, Ajmer, Rajasthan].
"Scope of application" - Section 53 applies only to agricultural land recorded as joint khatedari; it does not extend to self-acquired or individually owned land [Mamkori VS Board of Revenue].
"Legal position on adverse possession" - Adverse possession claims by a co-tenant require hostile intent and continuous possession for over 12 years; mere long possession is insufficient [Mamkori VS Board of Revenue].
"Legal position on sale and transfer" - Sale or transfer of land by a co-tenant must be in accordance with the provisions of the Rajasthan Tenancy Act; unauthorized sale can be challenged [Bhawani Shankar VS The Board of Revenue].
"Legal position on family rights" - Rights of family members, including major children, are to be determined based on the date of the relevant decree or record; subsequent changes do not affect rights retrospectively [Ambalal S/o Narayan Lal Ji Kumawat VS Ram Chandra].
"Legal position on partition decrees" - Decrees of partition passed by competent courts are binding; oral or family arrangements without formal decree are not sufficient for legal partition [Manohar Lal (Since Deceased) through LRs. VS Board of Revenue, Ajmer, Rajasthan].
Note: The above commentary synthesizes legal principles from the provided sources, emphasizing the importance of actual physical division, legal procedures, and the role of revenue authorities under Section 53 of the Rajasthan Tenancy Act, 1955.
1[***]
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1. Sections 54 deleted vide Act. No.22 of 1992 w.e.f. 11.11.1992--Text was as follows :
54. Sale of holdings in certain cases-
(1) Whenever in any suit for the division of one or more than one holding the court finds that such division among the persons entitled thereto will result in shares of less area then the minimum prescribed under sub-section (1) of section 53, the court shall, inserted of proceeding to divide the holding or holding, direct a sale of the same and a distribution of the proceeds thereof among such persons.
(2) When the sale of a holding is ordered under sub-section (1), the court shall order a valuation of the same to be made, and offer it for sale in
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1. Sections 54A deleted vide Act. No.22 of 1992 w.e.f. 11.11.1992--Text was as follows :
54-A. Restrictions on division of holding not to apply--
The restrictions imposed on division of holding under Section 53 and 54 shall not apply in matters of succession and partition.
[Inserted vide Raj. Act 5 of 1971 w.e.f. 23.4.1971].
A tenant, other than a tenant bound by a lease or other agreement to continue to occupy his holding in the following year may on or before the 1st May surrender his holding by giving up possession there of1[accompanied with a writing arrested by the Tehsildar having jurisdiction] or by the Chairman of a Municipal Board whether such holding is or is not sub-let or mortgaged.
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1. Added by Section 11 of Raj. Act. No. 46 of 1958 published in Raj. Gaz. Part IV A, E. O. dated 24.12.1958.1. Added by section 11 of Rajasthan Act No. 46 of 1958 published in Rajasthan Gazette Part IV-A, Extraordinary, dated 24.12.1958.
(1) Previously to any surrender under section 55, the tenant so surrendering shall send to his landholder a registered notice of his intention to do so, at least thirty days before the 1st May of any year and unless such notice is sent, the tenant shall be liable to the landholder for the rent of the holding for the agricultural year next following the date of the surrender:
Provided that the tenant shall not be so liable in respect of any period during which the holding is let to another tenant or is taken by the landholder into his own use or cultivation.
(2) Nothing in this section shall affect any arrangement by which a tenant and his landholder may agree to the surrender of the whole or a portion of a holding.
1[ Provided that such agreement is attested in the manner laid down in section
Notwithstanding anything contained in sections 55 and 56, when a decree or order for the enhancement of the rent of any holding is passed, the tenant thereof may after sending the landholder, within thirty days of the date of such decree or order, a registered notice of his desire to surrender such holding at the date on which such enhancement takes effect surrender such holding accordingly, and in every such case the tenant shall not be liable for the rent payable for such holding in respect of any subsequent to such surrender.
(1) A landholder to whom a notice has been sent under section 56 or section 57, may institute a suit to have such notice declared invalid.
(2) If no such suit is instituted, the landholder shall be deemed to have accepted surrender.
A landholder may enter upon and take possession of holding surrendered in accordance with the provisions of this Act.
(1) Subject to the provisions of sub-sections (2) and (3) a tenant who ceases to cultivate and leaves the neighbourhood shall not lose his interest in his holding if he leaves in charge thereof a person responsible for payment of rent as it falls due and gives written notice to the landholder of such arrangement.
(2) If the person so left in-charge is a person--
(i) on whom, in the event of the tenant's death, the tenant's interest would devolve, or
(ii) who is to manage the holding for the benefit of the person on whom, in the event of the tenant's death, the tenant's interest would devolve, the tenant shall on expiry of a period of seven years lose his interest in his holding unless he, within such period, resumes cultivation thereof, and such interest shall devolve on the person on whom the
(1) Where tenant is presumed to have abandoned his holding, the Tehsildar shall, on his own motion or on the application of the landholder, as the case may be, cause a proclamation to be issued and served or published in the prescribed manner, stating that the holding of such tenant is intended to be treated as abandoned and entered upon and taken possession of accordingly unless reasonable cause to the contrary effect is shown.
(2) The Tehsildar or landholder, as the case may be, may enter upon and take possession of the holding if in response to the proclamation--
(i) no appearance is made or no reasonable cause to the contrary effect is shown either by the tenant who is presumed to have abandoned the holding or by any person on behalf of such tenant or on his own behalf, within a period of sixty days from the date of the service or pu
(1) Nothing contained in section 60 and 61 shall affect the right of a tenant ceasing to cultivate and leaving the neighbourhood on account of some widespread calamity such as drought, famine epidemic or the like or for some other reasonable cause to regain possession of his holdings in the manner, within the period and subject to the conditions specified in sub-section (2).
(2) Any such tenant may, within one year from the date of the service or publication of the proclamation issued under sub-section (1) of section 61 apply in the prescribed manner to the Tehsildar for his re-instatement and the restoration of his holding, and if he satisfies the Tehsildar of his having left the neighbourhood on any such account or for any such reason as is specified in sub-section (1), possession over the holding entered upon and take possession of under sub-section (2) of section 61 shall be re
(1) The interest of tenant in his holding or a part thereof, as the case may be, shall be extinguished--
(i) When he dies leaving no heir entitled to merit in accordance with the provisions of this Act;
(ii) when he surrenders or abandons it in accordance with the provisions of this Act;
1[(iii) when his land has been acquired under the Land Acquisition Act, 1894 (Central Act No. 1 of 1894);
(iv) when he has been deprived of possession and his right to recover possession is barred by limitation;
(v) when he has been ejected therefrom in accordance with the provisions of this Act, (vi) when he acquires or succeeds to all the rights therein of a landholder or the landholder inherits or otherwise acquires th
Except as otherwise provided in this Act, when the interest of a tenant or sub-tenant is extinguished, he shall vacate his holding but shall have, in respect of the removal of any crops, the same right as he would have upon ejectment in accordance with the provisions of this Act.
The State Government 1[or a landowner] may make any improvement on or affecting, any land through out the State.
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1. Inserted vide sec. 31 (c) of Raj. Act. No. 11 of 1964, published in Rajpatra Ext. Prat IV-A dated 13.4.1964.
1[(1) A Khatedar tenant may make any improvement in his holding:
2[Provided that the State Government may, from time to time:-
(a) restrict, in the public interest, the making of any such improvement as is referred to in sub-clause (a) of clause (19) of section 5 in the areas to be notified for the purpose, and,
(b) make rules to regulate the making of any such improvement in areas not covered by any such notification.
(2) Notwithstanding anything contained in sub-sec. (1), no sanction shall be necessary for the construction of temporary structures.
(3) Any improvement made in a holding shall form part of the holding.]
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A landholder other than the State Government may, with the sanction of the Tehsildar, 1[applied for and accorded in the prescribed manner] make an improvement on or affecting the holding of any of his tenants.
Provided that no such sanction shall be required if the tenant of such holding is a Gair Khatedar tenant or a tenant of Khudkasht or a sub-tenant or if the improvement which such landholder desires to makes is a well.
2[Provided further that all or any of the improvements referred to in sub-clause (a) of clause (a) of clause (19) of section 5 shall not extend over such area, not exceeding one-fiftieth of the total area of the holding, as may be prescribed and shall not be sanctioned otherwise than in prescribed circumstances.]
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The Tehsildar to whom an application is made under the provisions of section 67 may, after hearing the parties and making such further enquiry as he thinks fit, grant permission to make the improvement subject to such restrictions, if any, as he may deem reasonable, or may refuse permission:
Provided that the Tehsildar shall not grant permission for a work which
(i) is not an improvement as defined in this Act
(ii) is too costly for the purpose for which it is intended
(iii) is not an improvement which the applicant is entitled to make, or
(iv) requires written consent under section 17 unless such consent has been previously obtained.
(1) If both a khatedar tenant and his landholder, not being the State Government, want to make the same improvement which they are entitled to make under this Act, the Tehsildar shall on application allow the tenant to execute the work within a specified period and may on reasonable cause being shown extend such period from time to time.
Provided that the total period of such extension shall not exceed one year.
(2) If the tenant fails to execute the work within such period or extended period the landholder shall have the right to make such improvement.
1[Subject to the restrictions imposed by the 1st and 2nd proviso to sub-sec. (1) of sec. 66, a Gair Khatedar tenant or a tenant of khudkasht, or a sub-tenant may make any improvement, but he shall not be entitled to any compensation on ejectment unless for making such improvements he has obtained the previous order of the Tehsildar or the written permission of the holder of khudkasht or the khatedar tenant as the case may be].
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1. Substituted by section 5 of Raj. Act No. 12 of 1964, published on 1.5.64.
Nothing in this Chapter shall entitled or be deemed to entitle to a tenant or a landholder, not being the State Government 1[or a landowner],
(a) to make any improvement on, or
(b) to make any improvement detrimental to, any land which is not included in the holding to be benefited to such improvement unless such tenant or landholder has obtained the written consent of the landholder, or as the case may be, of the State Government and also of the tenant, of any such land.
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1. Inserted vide section 31 (c) of Rajasthan Act No. 11 of 1964 published in Rajasthan Gazette, dated 13.4.1964.
A tenant making an improvement shall, in it absence of a written agreement to the contrary, continue to be liable to pay the full rent of the holding:
Provided that where such rent is payable in kind and the Sub-Divisional Officer is satisfied that an improvement made by a tenant of Khudkasht or a sub-tenant under section 70 has resulted in an increase of agricultural produce the Sub-Divisional Officer shall, on application by the tenant, compute the rent into cash in accordance with the provisions of Sections 118 and 119.
(1) As landholder making under section 67 an improvement on or affecting the holding of any tenant shall be liable to compensate the tenant for any loss which he may cause to the tenant, while making it.
(2) If the effect of an improvement made by such landholder is to impair the productive powers of any land held by any tenant from such landholder, such tenant shall, in addition to compensation which may be awarded to him under sub-section (1), be entitled to such abatement of his rent as the court considers just.
A tenant who has made an improvement under the provisions of this Act shall by entitled to compensation in the following cases, namely--
(i) when a decree or order for his ejectment is passed, or
(ii) when he has been wrongful dispossessed and has not recovered possession of his holding, or
(iii) when he vacates the holding on the expiry of the term of his lease if the improvement was made under the provision of section 70:
Provided that--
(a) except in the case of a dwelling house erected on the holding by the tenant for his own occupation or a cattle-shed or a short-house or any other construction for agricultural purposes erected or set up by him on his holding, compensation shall not be payable for an
(1) In determining the amount of compensation due under any provision of this Act for or on account of an improvement, regard shall be had --
(i) to the amount by which the value or the produce of the holding is increased or decreased by or on account of such improvement;
(ii) to the condition of such work and the probable duration of its effects;
(iii) to the labour and capital employed for the making of such work allowing for-
(a) any reduction or remission of rent or any other advantage to the tenant in consideration of the work,
(b) any assistance given to the tenant by the landholder in money, material or labour, and
(c) in the case of reclamation or the c
(1) If a tenant has made an improvement on land which is sold in execution of a decree for arrears of rent, or from which he is ejected, the purchaser or the landholder, as the case may be, shall become the owner of the work but the tenant shall be entitled to the benefit of the work in respect of the land remaining in his possession to the extent and in the same manner as it was hitherto been benefitted hereby.
(2) If a tenant has made an improvement on land which remains in his possession after a portion of his land has been sold in execution of a decree for arrears of rent, or after he has been ejected from a portion of his land, the purchaser, or the landholder, as the case may be, shall be entitled to the benefit of such work in respect of the land which does not remain in the possession of the tenant to the same extent and in the same extent in the same manner as it has hithe
(1) If a landholder other than the State Government or a tenant desires that the amount expended on any improvement should be determined, the Tehsildar on application made to him for the purpose and after affording reasonable opportunity to the other party of being heard and after making such enquiries as he thinks fit, determine the amount of the outlay and enter it in a register kept in the prescribed form.
(2) The entry in the register shall be conclusive proof of the amount of outlay in any subsequent proceedings between the parties to the application or their successors in interest in respect of the cost of the work.
If a question arises as to--
(a) the right to make an improvement, or
(b) whether a particular work is an improvement, or
(c) whether a work contravenes the provisions of section 71, or
(d) the amount of compensation under sub-section (1) or of abatement of rent under sub-section (2) of section 73, or
(e) whether compensation is payable for any improvement, or
(f) the amount of such compensation ,or
(g) the right to the benefit of an improvement under section 73, the Assistant Collectors shall, on application or otherwise, decide the question.
(1) A tenant may plant trees on his holding provided that such trees do not diminish the productive value of the land and such tenant continues to pay the full rent of the holding.
(2) If a tenant plants or proposes to plant trees in such a way as to diminish the value of land not included in his holding, any person whose interest is adversely effected thereby may apply to the Tehsildar for any order prohibiting the planting of trees on such land or directing the tenant the remove trees already planted thereon and the Tehsildar may, after giving to the persons affected reasonable opportunity of being heard and after making such as he thinks fit, either grant the application, subject to such modifications, if any, as he thinks fit or reject it.
1[A tenant may plant trees on Government land (whether agricultural or otherwise) alongside a public road adjoining his holding subject to such special or general conditions as may be prescribed from time to time2[by the State Government and such trees shall be the property of such tenant.]
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1. Inserted vide Section 6 of Rajasthan Ordinance No. 7 of 1978 published in Rajasthan Rajpatra Part IV (Kha) Ext. dated 22.6.1978.'
2. Substituted by S. 2(a) of Raj. Tenancy (Amendment) Act, 1 986, Pub. in Raj. Gaz. E.O. Part 4(ka) dated 10.2.86., effective from 30.12.85.
3. Omitted by S.2(b) of Raj. Tenancy (Amendment) Act, 1986, ibid, the text of proviso was as given under: "Provided
Notwithstanding anything in this Act or any custom or contract to the contrary, scattered trees standing on the holding of a Khatedar tenant at the commencement of this Act shall vest in such tenant:
(1)--A person who at the commencement of this Act, in lawful possession of any tree standing on unoccupied land, shall continue to remain in possession thereof and where land is let out any other person, the tree shall vest shall in such other person subject to the payment of such compensation as may be prescribed by rules made under section 80.
(2) Subject to the provision contained in sub-section (1), any tree standing on unoccupied land or planted in contravention of the provisions of this Act shall be deemed to the property of the landholder.
Subject to the other provisions of this Act, all trees standing on any holding shall be deemed to be attached to the land and to interest therein shall after the commencement of this Act. be transferable independently of the land save and except by way of lease. 1[ of the produce of such trees] for a period not exceeding one year at a time.
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1. Inserted and shall be deemed always to have been inserted by section 15 of Rajasthan Act No.27 of 1956, Published in Rajasthan Gazette, Part IV-A, Ext. dated 22.9.1956.
Notwithstanding anything to the contrary in any law, custom or contract, no trees standing on occupied or unoccupied land shall be removable therefrom except as provided in section 84.
(1) 1[***]
(2) A Khatedar tenant 2[honding land below the ceiling area] may 2[***] remove trees standing on his holding for 2[any purpose];
3[Provided that no such tenant-shall remove trees for purpose other than his bonafide or agricultural use except with the permission of such authority and subject to such terms and conditions as may be prescribed by the State Government.]
3[(3) A Gair Khatedar tenant may, with the previous permission of the Tehsildar, remove any trees standing on his holding for his own domestic or agricultural use.
(4) A sub-tenant may, with the previous permission of the person from whom he holds, remove any trees standing on his holding for his own domestic or agricultural use.
(5)
If a dispute arises --
(a) as to the right to plant any tree, or
(b) as to the manner of planting it, or
(c) as to its ownership, or
(d) as to the right to remove it, such dispute shall on application or otherwise be decided by the Tehsildar.
Whoever contravenes all or any of the provisions of section 83 or section 84 or any of the terms, conditions or restrictions of a licence granted thereunder shall be punishable 1[ by an Assistant Collector on an application or a report made to him].
2[(a) in the case of a first contravention:
(i) where a tree has been removed, with fine which may extend to one hundred rupees for each tree that has been removed; and in other case, with fine which may extend to one hundred rupees; and
(b) in the case of a second or subsequent contravention, with fine which may extend to double the amount of fine that can be imposed under clause (a).]
3[and any tree or timber thereof in respect of which such contravention shall have been committed may be forfeited to t
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1. Omitted and shall be deemed always to have been omitted by section 18 of Raj. Act No. 27 of 1956,. Pub. in Raj. Gaz. Part IV-A Ext., dated 22.9.1956.
(1) Any person claiming to be a tenant or a co-tenant may sue for a declaration that he is a tenant or for a declaration of his share in such joint tenancy.
(2) A tenant of Khudkasht may sue for a declaration that he is such a tenant.
(3) A sub-tenant may sue the person from whom he holds for declaration that he is a sub-tenant.
(4) A landholder other than a State Government may sue a person claiming to be a tenant or co-tenant of a holding or a tenant of Khudkasht or a sub-tenant for a declaration of the right of such person.
At any time during the continuance of a tenancy, the tenant or a landholder other than the State Government may sue for declaration as to all or any of the following matters, namely:-
(a) the class to which the tenant belongs,
(b) the area, numbered plots or boundaries of the holding.
(c) the rent payable in respect of the holding and the manner in which it is payable.
(d) in the case of rent payable in case, the dates on which and the instalments in which it is payable.
(e) in the case of rent payable in kind, the time place and manner of appraisement, division or delivery of the crops,
(f) in the case of a Gair Khatedar tenant or a tenant of Khudkasht or a su
When land claimed by a tenant as his holding or as being under his Khudkasht, such tenant or landholder may sue for a declaration of his status.
Except as otherwise specifically provided, any person may sue for a declaration of all or any of his rights conferred by this Act and not otherwise provided for.
A single suit may be instituted under the provisions of section 88 or section 89 or section 90 in respect of a number of holdings, provided that the parties are the same.
Legal Comments
Purpose - Section 92 GT Rajasthan Tenancy Act, 1955 creates jurisdiction for suits relating to possession and certain rights; ensures triable matters (like injunctions restraining interference with possession) are heard in Revenue Court. [Chandi VS Nana Lal]
Real relief test - Court must look at the true relief sought, not merely the labelled prayers; if the real relief is grantable by a Revenue Court, the suit is triable there, even if ancillary civil-relief prayers appear in pleadings. [Chandi VS Nana Lal]
Section 92(8A) – triable by Revenue Court - Where primary relief is injunction to protect possession, Section 92 and Item 8(A) of Third Schedule govern, making the matter triable in Revenue Court. [Chandi VS Nana Lal]
Ancillary reliefs - Even if some reliefs require civil courts, the presence of ancillary civil reliefs does not divert the real relief to civil court if the core relief is within Section 92 scope. [Chandi VS Nana Lal]
Pasture land context - Section 5(28) and related sections define pasture land and restrict khatedari rights; mere resolutions or resolutions by Gram Panchayat don’t automatically convert land to pasture land; need competent authority action. This affects jurisdictional questions where pasture land status intersects with tenancy suits. [Bhagu Lal VS State of Rajasthan], [Keshar Singh S/o Shri Momata Ram VS State Of Rajasthan, Through The Secretary, Revenue, Department, Secretariat, Jaipur], [Rajasthan Housing Board through Dy. Housing Commissioner & Resident Engineer, Rajasthan Housing Board, Jodhpur VS Legal Representatives of deceased plaintiff Mani Ram], [Keshar Singh S/o Shri Momata Ram VS State Of Rajasthan, Through The Secretary, Revenue, Department, Secretariat, Jaipur]
Evidence of pastures and setting apart land - Section 92, 93, and relevant Government Rules govern setting apart pasture land; changes require compliance and prior sanction; impact on whether land can be treated as pasture vs agricultural land in tenancy cases. [Bhagu Lal VS State of Rajasthan], [Keshar Singh S/o Shri Momata Ram VS State Of Rajasthan, Through The Secretary, Revenue, Department, Secretariat, Jaipur], [Rajasthan Housing Board through Dy. Housing Commissioner & Resident Engineer, Rajasthan Housing Board, Jodhpur VS Legal Representatives of deceased plaintiff Mani Ram], [Govind Singh VS Mahadev]
Charaga/pasture land cautions - Courts emphasize that pasture land cannot be arbitrarily converted to non-pasture uses (like mining or development) without following statutory procedures; mischaracterization can affect adjudication and jurisdiction. [Bhagadi Lal VS State], [Govind Singh VS Mahadev], [Kapil Dev VS State of Raj. ]
Pasture land and litigation - In disputes over khatedari or injunction involving pasture land, Board of Revenue and RAA’s concurrent findings on revenue records are generally respected when supported by evidence; interference only on perverse errors. [Kapil Dev VS State of Raj. ], [Bhura VS LRs of Pyar Chand], [Ram Lal VS Jagannath]
Infringement of procedure in injunction matters - Interim orders in revenue matters must align with CPC and statutory procedure; improper stay or injunction can be set aside. [Pura Ram VS Jeta Ram]
Limitation and revisional power - Delays in exercise of revisional powers can be a ground to quash; belated references under Section 232 or Section 223 challenges are scrutinized for timeliness and propriety. [Hemraj VS State of Rajasthan], [Ranglal VS Ghasi], [Rajasthan Housing Board through Dy. Housing Commissioner & Resident Engineer, Rajasthan Housing Board, Jodhpur VS Legal Representatives of deceased plaintiff Mani Ram]
Jurisdictional guardrails - Several cases confirm that Revenue Courts have exclusive jurisdiction over certain tenancy and land-use disputes; Civil Courts should defer where statute assigns exclusive jurisdiction. [Manish Chandak VS Pukharaj], [Jogendra Singh VS Chauth Mal], [Rajasthan Housing Board through Dy. Housing Commissioner & Resident Engineer, Rajasthan Housing Board, Jodhpur VS Legal Representatives of deceased plaintiff Mani Ram]
Khatedari rights and registered instruments - Unregistered agreements to sell without registration do not confer khatedari rights; Section 17(f) Registration Act requires registration for possession transfer; possession security may be admissible but ownership rights require registration. [Ghasilal VS Ramkishan]
Correcting revenue entries - Revenue corrections are fact-intensive and primarily within trial court’s domain; writ court’s interference is limited. [Ranglal VS Ghasi]
Community health center case (pasture land context) - Land allotted for a social/public facility on pasture land requires considering pasture status and proper sanction; courts have dismissed petitions where statutory preconditions were unmet. [Keshar Singh S/o Shri Momata Ram VS State Of Rajasthan, Through The Secretary, Revenue, Department, Secretariat, Jaipur]
Special investment regions/RSIR implications - While involving environmental safeguards, pastures and land allocation decisions under RSIR Act are reviewed for compliance with statutory safeguards; not directly Section 92 but relevant for land classifications impacting tenancy suits. [Papapuri S/o Chimanpuri VS State of Rajasthan]
Section 88/188/92-A interplay - Khatedari rights and injunctions framed under Sections 88, 92-A, 188 require careful framing; courts have held that Section 92-A cannot be invoked to confer rights where tenancy status is not established; enforcement rests on correct application of Act. [Bhanwar Singh VS The State of Rajasthan], [Shyonath VS Rajasthan Board of Revenue Ajmer]
Appeal/remand philosophy - If Board of Revenue or RAA remands for errors or cursory treatment, remand within law to decide afresh is proper; unlawful remand or misapplication can be challenged. [Bhura VS LRs of Pyar Chand]
Evidence of title vs possession - In khatedari disputes, possession proofs, mutation records, and revenue entries carry weight; misalignment can lead to dismissal of writ petitions. [Rajasthan Housing Board through Dy. Housing Commissioner & Resident Engineer, Rajasthan Housing Board, Jodhpur VS Legal Representatives of deceased plaintiff Mani Ram], [Ghasilal VS Ramkishan], [Bhura VS LRs of Pyar Chand]
Interplay with mining/pasture rules - When pasture land intersects with mining or industrial activity approvals, courts emphasize compliance with MMDR Act, MMCR, and Rules; pasture land cannot be casually converted for non-pasture purposes. [Mohan Lal Sharma VS Union of India], [Bhagadi Lal VS State]
Remedies under CPC in revenue suits - Temporary injunctions and stay orders in revenue suits must follow CPC procedures; non-compliance can invite relief or dismissal. [Pura Ram VS Jeta Ram]
Summary of core takeaways - Section 92 empowers a Revenue Court to decide on possession-related reliefs; true relief test governs triability; pasture land and khatedari rights are tightly regulated by section 5(28), 92, 93 and related Rules; proper classification and compliance determine jurisdiction and outcome in tenancy-related disputes. [Chandi VS Nana Lal], [Bhagu Lal VS State of Rajasthan], [Keshar Singh S/o Shri Momata Ram VS State Of Rajasthan, Through The Secretary, Revenue, Department, Secretariat, Jaipur], [Kapil Dev VS State of Raj. ]
1[Except as otherwise, specifically provided elsewhere in this Act, any person may sue, in respect of all or any of his rights conferred by this Act, for an injunction in accordance with and subject to the provisions of Chapter X of the Specific Relief Act, 1877 (Central Act of 1877).]
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1. Inserted and shall be deemed always to have been inserted by Section 19 of Rajasthan Act No. 27 of 1956, published in Rajasthan Gazette. Part IV-A, Ext., dated 22.9.1956.
Every tenant shall be liable to pay rent in accordance with the provisions of this Act:
1[Provided that a tenant of land in the abu, Ajmer or Sunel area shall continue to pay rent at the rate at which it was payable by him immediately before the commencement of the Rajasthan Revenue Laws (Extension) Act, 1957, until it is determined or varied in accordance with the provisions of this Act of the Rajasthan Land Revenue Act, 1956 (Rajasthan Act of 1956)].
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1. Added by part A of the First Schedule to Rajasthan Act No. 2 of 1958, published in Rajasthan Gazette, Part IV-A, Extraordinary, dated 13.1.1958.
Subject to the other provisions of this Act, a tenant on being admitted to the occupation of land is liable to pay such rent as may be agreed upon between him and his landholder.
The rent or rate of rent or rate payable by a tenant shall be presumed to be the rent or rate of rent payable by him under section 94, until it is varied in accordance with the provisions of this Act.
Notwithstanding any law, rule, custom, usage or practice to the contrary, the maximum amount recoverable as cash rent from a tenant holding any land directly from the State Government shall not exceed --
(a) Where rent in respect of such land has been settled, the rent-rate sanctioned therefor during the last settlement, and
(b) Where rent in respect of such land has not been settled, the rent-rate sanctioned during the last settlement for similar land in neighbourhood.
Notwithstanding any custom, usage or practice to the contrary, or anything contained in any law, enactment, rule, decree or order for the time being in force, the State Government may prescribe the maximum extent of cash rents that may be recovered by an estate-holder from a tenant or by a tenant from a sub-tenant in accordance with the provisions of sections 98,99 and 100.
1[In areas where land revenue has been settled and rent is payable by tenants in cash, the maximum rent recoverable by an estate-holder shall be prescribed by the State Government keeping in view the amount of land revenue and other agricultural conditions and shall not be more that three times the amount of such land revenue.
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1. Substituted and shall be deemed always to have been substituted by Section 20 of Rajasthan Act No. 27 of 1956, published in Rajasthan Gazette, Part IV-A, Extraordinary, dated 22. 9. 1956.
In areas where rent has been settled and sub-tenant pay rent in cash, the maximum rent recoverable by a tenant from his sub-tenant shall be prescribed by the State Government so that it does not exceed twice the amount payable by such tenant
Notwithstanding anything contained in section 98 and 99 the amount of cash rents payable in respect of a holding in an urban area or payable to a widow, a minor, a disabled person or a student who is below 25 years of age and is studying in a recognised institution may extend to one and a half times of the maximum which may be prescribed under the said sections.
Explanation-- 'Urban area' in this section means an area consisting of Abadi as well as agricultural lands within two miles of a town with population of not less that 15,000 persons.
1[The maximum rent prescribed under section 97 in accordance with the provisions of section 98, 99 and 100 shall not operate to affect an increase in the amount of the rent recoverable from a tenant or a sub-tenant who shall have at the commencement of this Act, been paying rent at a scale lower than maximum so prescribed.
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1. Substituted and shall be deemed always to have been substituted by section 21 of Raj. Act No. 27 of 1956, published in Rajasthan Gazette Part-IVA, Ext. dated 22.9.1956.
The provisions of sections 98, 99 and 100 shall not apply to lands which are under fruit trees and in respect of which land revenue has not been settled.]
If a landholder realises any rent in excess of the maximum rent prescribed under section 97 read with sections 98,99 and 100 such excess shall be recoverable from such landholder as an arrear of land revenue on an application being made by the tenant to the Tehsildar in this behalf within 1[Three years] of such realisation.
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1. Substituted and shall be deemed always to have been substituned by section 6 of Rajasthan Act No. 7 of 1960, published in Rajasthan Gazette, Part IV-A, Ext., dated 24.3.1960.
1[In areas in which rent rates have not been evolved, determined and sanctioned, but assessment circles have been formed and circle rates have been determined, the Assistant Collector may on application determine the rents in cash payable by tenants on the basis of such rates and announce the rents so determined in the village in the prescribed manner],
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1. Substituted and shall be deemed always to have been substituted by section 22 of Rajasthan Act No. 27 of 1956, published in Rajasthan Gazette, Part IV-A. Extraordinary, dated 22.9.1956.
(1) Notwithstanding any contract, custom, usage or practice to the contrary, where rents are payable in kind the maximum recoverable from a tenant by land holder shall not exceed one-sixth of the gross produce hereof for each harvest:
1[ Provided that the State Government may, from time to time, by notification in the 2[Official Gazette] determine the excess over the maximum rent in kind prescribed under this section payable as rent by a sub-tenant to any of the persons mentioned in clauses (a), (b), (c), (d), (e) and (h) of sub-section (1) of section 46.]
Explanation-- The expression 'gross produce' in this sub-section does not include the straw, chaff (bhusa), or the dry stalks of crop or grass or any other natural produce like pala, loong or papdi.
(2) Nothing in sub-section (1) shall --
Where crop-sharing by landholders is contracted with sub-tenants or tenants of khudkasht and the landholder contributes to the production of crops by sharing expenses on manure and seed to the extent of fifty percent, the rents in kind recoverable in accordance with section 104 may extend to one fourth of the gross produce:
Provided that the contract of crop sharing under this section shall not be recognised by the revenue court unless such contract has been made under a registered deed by the landholder with the sub-tenant or tenant of Khudkasht.
Rent for a holding shall be calculated ordinarily, in accordance with the rent-rates determined and sanctioned for the area in which such holding is situated.
In respect of any area for which rent rates have not been determined or in which revision of rent rates before the expiry of the term of the settlement is considered necessary, the State Government may, no notification in the 1[Official Gazette] --
(i) order that rent-rates shall be determined for such area or any district or part thereof whether by way of revision or otherwise, and
(ii) appoint any officer not below the rank of an Assistant Collector, here in after called a Rent Officer, to propose rent-rate in accordance with the provisions of the Act.
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1. Substituted by section 4 of Rajasthan Act No. 2 of 1958, published in Rajasthan Gazette, Part IV-A. Extraordinary, dated 13.1.1958.
When rent-rates have been determined under the provisions of this Act for any area or part of an area, they shall not be determined again until the term of settlement of such area or part has expired:
Provided that the State Government may order the determination of rent-rates at an earlier date on the ground that there has been a substantial rise or fall in the prices of agricultural produce or of any particular form of produce:
Provided further that the State Government may postpone determination of rent-rates for such period as it may deem fit either on the ground that there has been no substantial rise or fall in the prices of agricultural produce or on ground of administrative convenience.
(1) In addition to proposing rent-rates according to the provisions of this Act, the Rent-Rate Officer shall, if so empowered by the State Government, decide suits for the determination, commutation, abatement and enhancement of rent in accordance with the provisions of this Act.
(2) Such suits may be instituted in his court within such period as may be fixed by him with the sanction of the Board, and decrees and orders passed therein shall be subject to appeal, revision and review as if they were decrees and orders passed by an Assistant Collector.
(1) The Rent Rate Officer shall, if the area for which rent-rates are to be determined is already divided in to assessment circles, propose separate rates for each circle and for each separate class of soil therein.
(2) If the area for which rent-rates are to be determined has not been divided in to assessment circles or if the classification of the soil thereof has not been made, or if revision thereof is required to the done, the Rent Rate Officer shall classify the soil and make circles in the manner laid down in the Rajasthan Lands Summary Settlement Act, 1953 (Rajasthan Act XIX of 1953), and shall propose rent-rates for each class of soil in each circle.
The Rent Rate Officer shall propose such rent-rate as will appear to him to be fair and in doing so, he shall have regard to and compare--
(i) the level of rents paid by tenants who held or were admitted at different times to substantial holding over a series of years;
(ii) the prices of agricultural produce prevailing in the main markets of the neighbourhood at such time;
(iii) the changes in the crops grown and in the quantity of the produce;
(iv) the value of the produce with a view to seeing that the valuation of the holding at the proposed rates does not exceed one-sixth of such value; the rotation of crops and the periods of rest which tenants usually allow to land;
(v) the result of crop cutting ex
The Rent Rate Officer shall also record for each village whether the rates proposed by him are applicable without modification or the extent to which they require modification either for the village as a whole or for a specified area or class of soil therein, and in their application to such village, area or class, the rates shall be deemed to be modified accordingly.
The Rent Rate Officer shall also propose--
(i) modified rent-rates for tracts of unstable and shifting cultivation and
(ii) when the greater part of the rents of a village is paid in kind, rates for the commutation of such rents.
(1) The Rent Rate Officer shall publish in such manner as may be prescribed the proposals and records made by him under the forgoing sections and shall receive and consider any objection which may be made in respect of such proposals and records.
(2) When such objections, if any has been considered and disposed of according to the prescribed procedure, the Rent Rate Officer shall submit the proposals and records made by him after such modifications, if any ,as he may think fit, to the Board.
(3) On receipt of the proposals and records submitted by the Rent Rate Officer under sub-section (2), the Board may approve or vary such proposals after such inquiry as it may deem fit, and shall submit them for the sanction of the State Government.
(4) The State Government may sanction the proposals with
(1) When no rent has been agreed upon and any person has been admitted to the occupation of land by any person entitled to admit or permit him with the intention that a contract of tenancy should thereby be effected, the person so admitted, or person entitled so to admit or permit him, may sue to have the rent of such land fixed in accordance with the provisions of this Act and for a decree for arrears of such rent.
(2) A decree passed in a suit under sub-section (1) shall take effect from such date as the court may direct.
When a tenant is ejected from a part only of his holding under an order of decree of a court, or legally surrenders such part, either he or the landholder other that the State Government may at any time apply to the court, in which the suit for ejectment would lie for the determination of the rent of the remainder.
(1) When the rent payable in respect of any holding varies the harvest and there is a dispute regarding any such harvest, the Tehsildar may, on application, inspect the holding to ascertain the condition of the crops and the extent, if any, to which they have failed and in case the crops have been removed, the Tehsildar after making necessary inquiry may draw such inferences from the conduct of the parties as to him may appear reasonable.
(2) When there is a dispute as to the practice, hitherto obtaining, for the payment of the rent of any holding, the Tehsildar may, on application and after making a summary enquiry in the prescribed manner, give his award on such dispute and rent shall be payable in accordance with such award until it is set aside or modified in accordance with sub-section (3).
(3) Any person feeling himself aggrieved b
(1) Where rent has hitherto been paid in kind or is based on an estimate or appraisement of the crop or on rates varying with the crop sown or with the harvest or harvest prices or partly in one of such ways and partly in another or others of such ways, the landholder other than the State Government or the tenant may sue for commutation of such rent to a fixed money rent and the court may pass such orders in the case it deems fit, provided that in a suit which the landholder is the plaintiff, and a plea is raised by the tenant that the cultivated area of the produce of the holding is exceptionally liable to fluctuation by reason of damage by wild animals, flooding and if the court considers that commutation is undesirable, it may dismiss the suit.
(2) A decree passed in a suit under sub-section (1) shall take effect from the commencement of the agricultural year next following that
When rent in respect of any land has been fixed under section 115 or commuted under section 118, it shall not be liable to modification until the period of the settlement of the area in which such land lies has to come to an end or until it is varied in accordance with the provisions of this Act.
Subject to the other provisions of this Act, the rent of a tenant (including a tenant of Khudkasht and a sub-tenant) may enhanced or abated only--
(a) by a registered agreement, or
1[(b) by a decree or order of a competent revenue court passed in a suit of, in case of land held directly from the State Government on application by a tenant or report by the Tehsildar.]
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1. Substituted and shall be deemed always to have been substituted by clause (i) section 24 of Rajasthan Act No. 27 of 1956, published in Rajasthan Gazette, Part IV-A. Ext., dated 22.9.1956.
2. Omitted and shall be deemed always to have been omitted by clause (iii) ibid.
The rent of a tenant shall be liable to enhancement under this Act on one or more of the following grounds namely:
(i) that the rent payable by the tenant is substantially less than the rent calculated at the sanctioned rent-rates appropriate to him, or
(ii) that the productive powers of the land held by the tenant have been increased by fluvial action, or
(iii) that the productive powers of the land held by the tenant have been increased by an improvement effected by or at the expense of the landholder, or
(iv) that the area of tenant's holding has been increased by alluvion or otherwise:
Provided that the rent shall in no case be enhanced so as to exceed the maximum laid down in this Chapter.
The rent of a tenant shall not be enhanced by more that one forth of his existing rent, subject to the condition that the rent fixed shall in no case be less that three-quarters of the rent calculated at the appropriate sanctioned rent-rates:
Provided that --
(i) this section shall not apply to a case of enhancement of rent on account of an increase in area, and
(ii) the enhancement shall be ordered to take effect by yearly increments extending over a number of years, not exceeding three, if it not less than one-forth of the existing rent.
1If a tenant from whom enhancement of rent is claimed proves that the whole or any portion of the enhancement so claimed is due to an improvement which was made by him within the last year and which he was entitled to make, the court shall pass a decree or order only for such enhancement, if any, as it might have passed, if the tenant had made no improvement.]
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1. Substitute and shall be deemed always to have been substituted by section 25 of Rajasthan Act No.27 of 1956, published in Rajasthan Gazette, Part 1V-A, Extraordinary, dated 22.9.1956.
The rent of a tenant shall be liable to abatement under this Act on one or more of the following grounds, namely:-
(i) that the rent payable by the tenant is substantially greater than the rent calculated at the sanctioned rent-rates appropriate to him; or
(ii) that the productive powers of the land by the tenant have been decreased by an improvement made by the landholder or by any cause beyond the control of the tenant during the currency of the present rent; or
(iii) that the area of his holding has been decreased by diluvion or encroachment or by the taking up of land for a public purpose or a work of public utility; or
(iv) that the rent payable by him is liable to abatement on some ground specified in a lease, agreement, decree or order under
Every decree 1[or order] for the enhancement or abatement of rent shall take effect from the commencement of the agricultural year next following that in which such decree 1[or order] is passed unless the court for special reasons to be recorded orders that it shall take effect from some earlier or later date to be specified.
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1. Inserted and shall be deemed always to have been inserted by Section 26 of Rajasthan Act No. 27 of 1956, published in Rajasthan Gazette, Part IV-A, Ext., dated 22.9.1956.
On the occurrence of a famine or scarcity in any area or of an agricultural calamity affecting the crops of any area, the State Government or any authority empowered by it in this behalf may in accordance with rules made by the State Government in that behalf remit or suspend for any period the whole or any portion of the rent payable by a tenant in such area.
When the payment of any sum has been suspended in accordance with the provisions of section 126, the period during which the suspension continues shall be excluded in the computation of the period of limitation prescribed for a suit or application for the recovery of such sum.
No landholder shall collect, nor shall any suit or application lie for the recovery of, any rent, the payment of which has been remitted under section 126 or, during the period of suspension, or any rent the payment of which has been suspended under the said section.
(1) Notwithstanding anything contained in this Act or in any other law for the time being in force when the State Government is satisfied that owing to some extraordinary cause there has been a sudden and substantial rise or all in the prices of agricultural produce or that an emergency has arisen within any specified area, it may, by notification in the 1[Official Gazette], appoint an officer not below the rank of a Collector and invest him with all or any of the following:
(a) the power of Rent Rate Officer under this Act;
(b) the power to abated or enhance rents in accordance with the sanctioned rent-rates;
(c) the power in any emergency to abate rents summarily otherwise than in accordance with such rent-rates.
(2) Every order abating or enhanci
The produce of a holding shall be deemed to be hypothecate for the payable in respect thereof and, until the demand for such rent has been satisfied, no other claim on such produce shall be enforced by sale in execution of a decree of any civil or revenue court or otherwise.
Any payment made by a tenant from whom rent is due to the landholder to whom it is due shall in the absence of evidence of a contrary intention on the part of the tenant, be deemed to be a payment on account of rent.
(1) A payment made by a tenant to his landholder, whether in satisfaction of a decree or otherwise, shall not be applied to the discharge of an arrear the recovery of which is barred by the law for the time being in force as to the limitation of suits and applications.
(2) Subject to the provision contained in sub-section (1), when tenant makes payment on account of rent to his landholder with the express intimation that he wishes the payment to be credited to any years, instalment or holding the payment, if accepted, shall be credited accordingly and if the tenant make no such intimation, the landholder shall credit the payment to an earlier arrear in preference to a later arrear and, where more than one arrear is of the same date, to a similar arrear in preference to a larger or arrear.
A payment of money rent may be made by the tenant to the landholder either direct or by postal money order or by a deposit in accordance with the provisions of section 139.
1[***]
Provided 1[***] that the acceptance by a landholder of a sum paid by postal money order or by deposit in court shall not by itself or by virtue of anything written on the money order coupon be deemed to constitute an admission by him as to the amount of rent payable or due on account of any particular year instalment or holding, or an admission of the payer as a tenant.
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1. Omitted and shall be deemed always to have been omitted by section 27 of Rajasthan Act No. 27 of 1956, published in Rajasthan Gazette, Part IV-A Ext. dated 22.9.1956.
When rent is sent by postal money order, then, in the case of acceptance, the payee's receipts, and in the case of refusal, the endorsement on the money order duly stamped by the post office, shall be admissible in evidence without formal proof and shall, until the contrary is proved, be presumed to be a record of such acceptance or refusal.
(1) Every person, who makes a direct payment on account of rent or sayer, shall be entitled to obtain forthwith from the landholder a written receipt for the amount so paid, signed by the landholder or his duly authorised agent.
(2) The landholder shall, from a book printed under the provisions of section 137, give a separate receipt for each sum paid on account of rent or sayer and shall prepare and retain a counterfoil of each receipt given by him.
(3) If in any suit or proceeding between landholder and a tenant in which the payment of rent is in issue, the landholder does not produce or, when order by the court to produce, fails to produce such receipt book, the court may make any presumption against the landholder which it considers reasonable.
(1) The receipt and counterfoil shall specify the following particulars, namely:
(a) the name and parentage of the payer and the name of the payee,
(b) the name of the village,
(c) the amount paid,
(d) whether the payment is on account of rent or on account of sayer.
(e) Whether there is more than one holding, an indication of the holding or holding towards the rent of which the payment has been credited,
(f) the year and instalment to which the payment has been created,
(g) whether the payment has been accepted as payment in full or only in part,
(h) the date on which the
The State Government shall cause to be printed and kept for sale at cost price at all Tehsils, books of receipts with counterfoils in the prescribed from:
Provided that if no printed books are available in the Tehsil on any particular date, the landholder shall be entitled to get a certificate from the Tehsildar that no such books were available and the landholder shall then issue to the tenant to a tentative receipt giving substantially he particulars prescribed in section 136.
The tenant shall in accordance with rules made by the State Government be entitled on paying a fee of our annas to the landholder to receive from him within three months after the end of an agricultural year, a statement of account specifying such particulars as may from time to time be prescribed either generally or for any particular local area or class of cases.
(1) A tenant may make an application for permission to deposit in the court of the Tehsildar an instalment or instalments or the unpaid balance of an instalment or instalments of rent in arrears on the date of such application and if such application complies substantially with the provisions of sub-section (2), the Tehsildar shall receive such deposit and grant a receipt therefor which shall operate as an acquittance for the amount deposited as if such amount had been received by the person entitled to receive it.
(2) Such application shall specify the name of the person to whom the amount deposited is due as arrears of rent, or where several persons are entitled to receive such amount either jointly or separately, the name of each of such person or where the tenant entertains a bonafide doubt as to who is entitled to receive such amount, the name of the person to whom rent was la
If the Tehsildar receives the deposit, he shall cause a notice of the receipt of such deposit to be served free of charge on the person or persons specified in the application and on any other person who, has reason to believe, is entitled to such deposit.
(2) The Tehsildar may pay the amount of the deposit to any person appearing to him to be entitled to the same or may, if in his opinion there is any doubt as to the person to whom the deposit should be paid, retain such amount until such doubt is removed by order of a court of competent jurisdiction.
(3) The payment may, if the Tehsildar so directs, be made by postal money order.
(4) If no payment is made under this section before the expiry of three years from the date on which a deposit is made the amount deposited may, in the absence of a
A tenant who is used for a portion of the rent of a holding 1[under the provisions of sub-section (3) of section 211] may deposit the whole of the rent of such holding in the court before which the suit is pending and such deposit shall subject to any orders, passed in appeal, be disposed of in accordance with the orders of such court.
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1. Inserted and shall be deemed always to have been inserted by section 28 of Rajasthan Act No.27 of 1956, published in Rajasthan Gazette, Part IV-A, Extraordinary, dated 22.9.1956.
No suit or other proceeding shall be instituted against State Government or against any servant of the State Government in respect of anything done regarding a deposit under the provisions of the foregoing section of this Chapter, but any person considering himself entitled to recover the amount of such deposit may sue to recover the same from a person to whom it has been paid.
Nothing in section 139 to 142 shall apply in cases in which land is held by a tenant directly from the State Government to which, as the landholder, rent in respect thereof, is payable.
(1) When the rent based on an estimate or appraisement of the standing crop, the tenant shall be entitled to the exclusive possession of the crop.
(2) When the rent is based on an estimate or appraisement of the crop 1[***] after it has been cut or harvested or is payable by a division of the produce, the tenant shall be entitled to the exclusive possession thereof, but shall not be entitled to remove any portion of the same from the threshing floor at such time or in such manner as to prevent the estime, appraisement or thereof at the proper time.
(3) In either case, the tenant shall be entitled to cut and harvest the produce in due course of husbandry without any interference of the part of the landholder.
(4) If the tenant removes any portion of the crop or produce, contrary to the provisio
When rent is payable in kind as a share of the produce, it shall ordinarily be recoverable by an actual division of the produce:
Provided that, if the tenant and the landholder agree, or where such a custom be obtaining, the quantity of the produce payable as rent may be custom be obtaining, the quantity of the produce payable as rent may be determined by an appraisement of the standing crop of the produce on the threshing floor.
Section 145 of the Rajasthan Tenancy Act, 1955, functions as a centralized jurisdictional mechanism for determining disputes regarding rights in respect of land among tenants. While the Criminal Procedure Code (Cr.P.C.) also contains Section 145 for maintaining public peace in possession disputes, the Tenancy Act provides a specific statutory framework for revenue courts within the state. This section empowers Sub-Divisional Officers (SDO) or Assistant Collectors to adjudicate claims of possession, delivery of possession, and attendant disputes, serving as a critical instrument in the protection of Khatedari rights and the prevention of unauthorized dispossession.
The primary provision mandates that where there is a dispute between tenants regarding the rights in respect of land, the Sub-Divisional Officer (or Assistant Collector/Sarpanch in notified areas) shall, on the application of any party to the dispute, inquire into the matter and pass an appropriate order. The section grants the officer the power to:1. Declare that one party is entitled to possession.2. Direct the grant of delivery of possession to the specific party, along with any advantages regarding rent, improvements, and crops associated with the land.3. Issue injunctions or orders to prevent interference with the possession declared.The inquiry is summary in nature, and if the officer is satisfied that a breach of peace is imminent, they may direct the attachment of the property and the appointment of a receiver before a final order is passed.
For a valid proceeding under Section 145 of the Rajasthan Tenancy Act, the following essential ingredients must be present:* Existence of a Dispute: There must be a genuine difference between two or more parties concerning the "rights in respect of land." Mere animosity or falling out is insufficient; a claim of a right (tenancy, possession, or superior title) must be disputed.* Parties as Tenants: The dispute generally arises between parties who hold land in a tenant-cum-cultivator capacity, though it often involves determining who holds the superior right between a landlord and tenant or two tenants where the title of the landlord is not in question but the right to possess the specific land is.* Jurisdictional Limit: The officer must believe that they possess no other than the power to settle the dispute, implying the matter fits within the scope of civil rights regarding land possession rather than criminal breaches of peace handled solely under Cr.P.C. Section 145.* Application: The proceeding is typically initiated upon the formal application of the aggrieved party to the Sub-Divisional Officer.
The scope of Section 145 is broad and encompasses various facets of tenancy disputes:* Possession Disputes: It covers cases where one party claims possession and the other denies it, often involving "Ghair Khatedar" individuals or sub-tenants.* Delivery of Possession: The section allows the officer to issue an order for the physical transfer of possession from one party to another based on the declared rights.* Prevention of Breach of Peace: The power to call parties to produce evidence of possession is intended to pre-empt violence, making the order effective as an ex-parte injunction if breach of peace is imminent.* Jurisdictional Overlap: Decisions rely heavily on whether the dispute can be resolved by the SDO. If the SDO believes they lack jurisdiction or if the dispute involves title questions beyond simple possession, they must refer the case to a Civil Court or Revenue Court as per their investigative findings.* Summary Procedure: Unlike complex civil suits, the scope allows for a speedy resolution to prevent indefinite delays in agrarian disputes.
While Section 145 itself prescribes the procedure, acts committed during the process or subsequently can attract penalties under the broaderTenancy Act framework:* Enforcement of Orders: Any person who, after an order for delivery of possession is passed, obstructs the execution of that order, commits a punishable offense under the relevant sections of the Act (often linked to Section 242 regarding obstruction of justice or specific enforcement clauses).* False Possession Claims: Knowingly making false statements regarding possession to secure an order under Section 145 can lead to the quashing of the order and potential penal action for abuse of process.* Non-Compliance: Failure to comply with the conditions of an attachment order or receiver appointment made alongside a Section 145 inquiry can result in consequences such as eviction of the receiver's protection or attachment of assets.
When rent is paid in kind, the landholder shall not claim or receive any additional quantity of the produce or its money equivalent by way of cartage for conveying his share of the produce to his own residence or to any market place.
Within one month of the end of harvesting operations in a tehsil, or as soon thereafter as may be, the Collector shall prepare, in the prescribed manner, a return of market process current at the harvest time of all food and non-food crops grown in such tehsil and the return so prepared shall be accepted for assessing the money value of the produce of a holding:
Provided that if the State Government has under any law for the time being in force fixed the price of any agricultural produce. Such price shall be accepted for making such assessment.
(1) When the rent is payable by a division of the produce or is based on an estimate or appraisement of the crop--
(a) If either the landholder, not being the State Government, or the tenant neglects to attend at the proper time, or
(b) If there is dispute about the division, quantity or value of the produce, an application may be presented by either party to the Tehsildar requesting that an office be deputed to make the division, estimate or appointment.
(2) With the application the applicant shall deposit such fee as may be prescribed by the State Government by rules made in this behalf.
Explanation--For the purpose of this Chapter, the expression 'proper time' shall mean the date which the custom or practice in a local areas is deemed to be the l
(1) On receiving such application the Tehsildar shall issue a written notice to the opposite party to attend on the date which shall not be later than a week from the date of receipt of the application and at the time and place specified in the notice and shall depute an officer by whom such division, estimate or appraisement shall be made.
(2) If the opposite party objects that the rent is not payable by division of the produce is not based on an estimate or appraisement of the crop, per that no amount is to be paid, such officer shall record the objection but shall proceed as hereinafter provided,
(3) Such officer shall call on each of the parties to appoint and shall himself appoint, a resident of the neighbourhood as an assessor to assist in the division of the produce, or in the estimate or appraisement of the crop.
&
If rent which is based on an estimate or appraisement of the crop or which is payable by a division of the produce is in arrears and no order having the effect of a decree for arrears of rent has been passed under the provision of sub-section (7) of section 149, the landholder may bring a suit for the recovery of such arrears.
The rent of a tenant shall be payable in the following instalments and at the following rates:--
(a) If the instalment and dates have been agreed upon by the parties to tenancy, the instalments and dates so agreed upon;
(b) in the absence of any such agreement, if such agreement, if such instalments and dates have been determined and recovered during settlement, the instalments and dates so determined and recorded.
(c) in other cases, in one ore more instalments and on such dates or date as may be in accordance with the custom or practice in vogue.
Any instalment of rent not paid on or before the day when it falls due becomes an arrear on the day following the day on which it fell due and the tenant shall thereupon become liable to pay interest on the arrear 1[at such rate as may, by notification, be specified by the State Government in this behalf.]
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1. Subs. for "One anna per rupee per annum simple interest" vide sec. 4 of the Raj. Act No. 12 of 1976, pub. in Raj. Gaz. E.O. Part 4 (Ka) dated 13.2.76, page 173.
No decree for arrears of rent shall be executed by the arrest or detention of a tenant.
Except as otherwise provided by this Act, an arrear of rent shall be recoverable by suit or by notice in accordance with the provisions of section 169.
A co-tenant who has paid rent on account of another co-tenant or from whom such rent has been recovered, may sue such co-tenant of the amount so paid.
(1) A plaintiff may unite in the same suit several claims for arrears of rent against the same tenant, provided that they are in respect of holding situated in the village.
(2) In such a suit the decree shall specify separately the amount, if any, found due in respect of the several holdings.
(1) If it appears to a court passing a decree in a suit for arrears of rent that the area of the holding was so decreased by dilution or otherwise or that the produce thereof was so damaged or diminished by drought, hail, pests, deposit of sand or other like calamity during the period for which the arrear is claimed that the full amount or rent payable by the tenant for the period cannot be equitably decreed, the court may allow such remission from the rent payable by the tenant for that period as may appear to It to be just.
(2) No remission allowed under this section shall be deemed to very the rent payable by the tenant otherwise than for the period in respect of which such remission is allowed.
Any person to whom any sum is due on account of irrigation dues or on account of nalbat may sue for the recovery of such sum.
Arrears of rent in respect of land held directly from the State Government or of other sums due to the State Government or in respect of an estate which has been attached under any law for the time being in force or which has been placed under the superintendence of the Court of Wards in accordance with the provisions of the Rajasthan Court of Wards Act, 1951 (Rajasthan Act XXVIII of 1951), 1[or any corresponding law in force in those parts of the State to which that Act does not extend and apply] may be recorded as arrears of land revenue:
Provided that nothing contained in this section shall be deemed to authorise realisation of arrears relating to estates which are barred under the law of limitation.
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1. Inserted by part A of the First Schedule of Rajasthan Act No.2 of 1958,
(1) In the event of any general refusal to pay rent to the persons entitled to collect the same in any local area, the State Government may, after making necessary enquiry declare by notification in the 1[Official Gazette], that such rents may be recovered as arrears of land revenue.
(2) In any local area to which a notification issued under sub-section (1) applies, a landholder or any other person whom an arrear of rent is due may, notwithstanding anything to the contrary in this Act or in any other law for the time being in force, instead of suing for recovery of the arrear under this Act, apply in writing to the Collector to realise the same, who shall after satisfying himself that the amount claimed is due, proceed, subject to rules made by the State Government, to recover such amount with 2[***] interest as an arrear of land revenue.
&nbs
No tenant shall be ejected from his holding otherwise than in accordance with the provisions of this Act.
Subject to the provisions of sections 164, 165 and 166, when a khatedar tenants is ejectment from whole or any portion of his holding in execution of a decree or order for ejectment for non-payment of rent, all arrears of rent, due in respect of such holding on the date of delivery of possession shall deemed to have been paid.
1[***]
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1. Omitted and shall be deemed always to have been omitted by (a) section 35 of Rajasthan Act No. 27 of 1956, published in Rajasthan Gazette, Part IV-A, Extraordinary, dated 22.9.1956.
A court ordering ejectment of a tenant from his holding or any part thereof shall, if the tenant claims compensation for any improvement made by him and the claim is found to be admissible, assess the amount of compensation due to the tenant on account of such improvement.
(1) If the compensation determined under the foregoing section exceed the amount recoverable from the tenant as arrears of rent, on account of the holding together with costs, if any, the decree or order for ejectment shall be conditional on the payment of the balance due to the tenant within such time as the court may direct.
(2) If the compensation does not exceed the amount recoverable from the tenant as specified in sub-section (1), any claim made by the tenant for compensation shall be deemed to have satisfied on his ejectment.
(1) If on the date of the delivery of possession in pursuance of a decree or order for ejectment of a tenant, there exist on the holding any ungathered crops or any trees vested in the tenant, the court executing the decree or order shall determine the value of such crops or trees and proceed in the following manner:--
(a) If after deducting the compensation if any, assessed under section 164, the amount due from the tenant is equal to or greater than the value of such crops or trees, the court shall deliver possession of the holding to the landholder and all rights of the tenant is such crops or trees shall pass to the landholder;
(b) If after deducting the compensation, if any, assessed under section 164, the amount due from the tenant is less than value of such crops or trees, and
(i) the l
(1) Every notice to be issued to a tenant under this Chapter shall contain the following particulars: --
(a) the name, description and place of residence of the landholder;
(b) the name, description and place of residence of the tenant;
(c) a description of the holding, specifying the name of the village or other local area in which it is situated; and
(d) the recorded numbers of the holding, the amount of such instalment of rent, any portion of which is in arrears, and the amount of such arrears.
(2) The manner of service of such notice on a tenant shall be that of the service of a summons by the court:
1[(***)]
Pro
No tenant shall be liable to ejectment from his residential house in village, other than a house erected as an improvement under the provisions of section 66 merely because he has been ejected from his holding in that village.
(1) Whenever rent due from a tenant is in arrear for two years or for a longer period, the Tehsildar may, suo motu in case of land held directly from the State Government and on the application of landholder in other cases, issue a notice to such tenant calling upon him within thirty days of the service of the notice to pay the amount of the arrear or to appear and admit or contest the same:
Provide that no notice shall be issued under this section for the payment of an arrear which on the date of application therefore has been outstanding for more than three years.
(2) A notice issued under this section shall state the tenant would be liable to ejectment from the holding in default of his paying the arrears.
(1) If the tenant does not appear or appears and admits the arrear claimed, the Tehsildar shall pass an order directing him to pay such arrear:
Provided that, if the order is passed expert, the tenant may apply for setting aside, such order, and if he satisfies the Tehsildar that either the notice was not served on him or he had sufficient cause for non-appearance on the date fixed, the Tehsildar shall set aside the order and shall proceed to hear the case in the manner hereinafter prescribed.
(2) If the tenant appears and contests the claim for arrears, the notice shall on payment of the prior court-fee, be deemed to be suit for arrears of rent:
Provided that:
(i) In the event of such notice having been issued by the Tehsildar suo motu no court-fee
(1) If the tenant fails to pay the amount of the arrears as ordered by the Tehsildar under the provisions of sub-section (1) of section 170 or as decreed by the court under the provisions of sub-section (3) of that section together with interest thereon and the cost of the application or the costs if any awarded by the decree by the 31st day next following the expiry of the period of one year from the date of passing of such order or of the decree becoming final, the Tehsildar or the court executing the decree, as the case may. be, shall forthwith order that the tenant be ejected from the whole or a part of the holding and he shall forthwith be ejected accordingly.
(2) Notwithstanding anything in this section, the tenant shall not be ejected for failure to pay any portion of his rent which has been remitted or suspended under the provisions of section 1[126].
&
Notwithstanding any thing to the contrary contained in section 164 and 165, when the tenant appears in response to the notice served on him under section 169, he shall be asked whether he makes any claim for compensation on account of improvements in case an order of ejectment is passed against him, and, if he makes such claim, the Tehsildar shall forward the case for decision to the Sub-Divisional Officer.
(1) Except as provided in sub-section (2) of section 170, no suit for arrears of rent shall lie in respect of the arrears specified in a notice under the provisions of section 169.
(2) No notice shall be issued under the provision of section 169 in respect of an arrears for the recovery of which a suit has been instituted under section 150 or section 154.
(1) A decree for arrears of rent passed in a suit under 1[Chapter X] may be executed, in addition to any other mode of execution permissible under the law, by ejectment of the tenant from his holding:
Provided that no tenant shall be liable to ejectment unless recourse has been had to all other modes of execution and the decree has not been completely satisfied by any such mode within two years from the date of such decree.
(2) subject to the proviso to sub-section (1), the landholder may apply to the court which passed the decree for the issue of a notice to the tenant for payment of the amount due under the decree and for his ejectment in case of default,
(3) Upon receipt of an application under sub-section (2), the court shall issue a notice stating the amount due under the decree and requi
Section 174 of the Rajasthan Tenancy Act, 1955, pertains to the procedures and legal framework related to applications and proceedings before Revenue Courts concerning tenancy disputes, alienation, and other related matters. It plays a vital role in regulating the legal process for tenants and landholders within the jurisdiction of Rajasthan.
While the exact text of Section 174 is not provided, references indicate that it involves the filing of applications by parties (such as tenants or landholders), specifying particulars as per prescribed rules, and the subsequent proceedings before Revenue Courts. The section also details the procedural requirements for such applications and the manner in which cases are to be disposed of, including the particulars to be included and the authorities involved [Source: ""].
The scope of Section 174 is broad, covering various tenancy-related matters including illegal alienation, eviction proceedings, rights of tenants, and disputes over land rights. It provides a legal avenue for parties to seek redress and ensures that proceedings are conducted in accordance with prescribed rules. It also aligns with the broader objectives of the Act to regulate tenancy and protect tenant rights [Source: ""].
Section 174 itself does not prescribe specific punishments; however, violations related to tenancy rights, illegal alienation, or wrongful eviction under the Act may attract penalties, including penalties equal to ten times the revenue payable for the holding, or civil imprisonment for up to three months in cases of subsequent offenses [Source: ""].
Note: The analysis is based on the references provided, which highlight the procedural and legal significance of Section 174 within the Rajasthan Tenancy Act, 1955.
1[(1)] If a tenant transfers or sub-lets, or executes an instrument purporting to transfer or sublet, the whole or any part of his holding otherwise than in accordance with the provisions of this Act and the transferee or sub-lessee or the purported such part in pursuance of such transfer or sub lease, both the tenant and any person who may have thus obtained or may thus be in possession of the holding or any part of the holding, shall on the application of the land holder, be liable to ejectment from the area so transferred or sub-let or purported to be transferred or sub-let.
(2) To every application, under this Section the transferee or the sub-tenant or the purported transferee or the sub-tenant, as the case may be, shall be joined as a party.
(3) On an application being made under this section, the court shall issue a notice to the
A decree or order under section 175 may direct the ejectment of a tenant and his transferee or sub-lessee or purported transferee of sub-lessee from the area transferred or sub-let or purported to be transferred or sub-let otherwise than in accordance with the provisions of this Act.]
(1) A tenant shall on the application of the landholder, be liable to ejectment from his holding--
(a) on the ground of any act or omission detrimental to the land in that holding or inconsistent with the purpose for which it was let, or
(b) on the ground that he or any person holding from him has broken a condition
on the breach of which he is, by special contract which is not contrary to the provisions of this Act, liable to be ejected :
Provided that the planting of trees or the making of an improvement in accordance with the provisions of this Act shall not constitute a ground for ejectment under this section.
(2) To every application under this section, any person claiming through the tenant may be j
(1) A decree or order under section 177 may direct the ejectment of a tenant either from such portion thereof as the court, having regard to all the circumstances of the case, may direct.
(2) Such decree or order shall further direct that if the tenant repairs the damage or pays such compensation as the court thinks fit within three months from the date, of the decree or order or within such further period as the court may, for reasons to be recorded, allow the decree or order shall not be executed except in respect of costs.
Notwithstanding anything in section 177 a landholder may, in lieu of issuing or applying for the issue of notice for ejectment, sue:-
(a) for compensation, or
(b) for an injunction without compensation or,
(c) for the repair of the damage or waste with or without compensation.
1[(1) A tenant of khudkasht or a Gair-khatedar tenant or sub-tenant shall also be liable, on applications to ejectment on any of the following grounds, namely--
(a) that the land held by such tenant or sub-tenant is in excess of the minimum area prescribed by the State Government for the district or part of the district in which such land is situated and ejectment from the excess area is sought by the landholder for the purpose of his personal cultivation :
Provided that different limits may be prescribed for different districts or parts of a district, so however, as to ensure a net annual income of twelve hundred rupees for such tenant or sub-tenant exclusive of the cost of his labour and the labour of his family.
2[(b) that he is a tenant or sub-tenant holding from year to year:
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(1) An application for ejectment under section 180 shall be made between the first day of July and 30th day of September and not otherwise.
(2) Every application under sub-section (1) shall state the ground on which ejectment is applied for.
(3) On an application being made in accordance with the forgoing sub-sections, a notice shall, on payment of the prescribed fee, be served on the tenant or sub-tenant in the prescribed manner informing him that if he desires to dispute the ejectment he must contest the notice within thirty days of its being served on him.
(1) If a tenant or sub-tenant or sub-tenant on whom a notice is served under section 181 appears and admits his liability to ejectment, the court shall pass an order for his ejectment but he shall not be liable for any costs:
(2) If the tenant or sub-tenant does not appear within the period prescribed by such notice the court shall pass an order for his ejectment:
Provided that such tenant or sub-tenant may within thirty days from the date of such order, apply for setting it aside and if satisfies the court that either the notice was not served on him or he had sufficient cause for non-appearance within the period prescribed by the notice, the court shall set aside the order and shall proceed to hear the application in the manner hereinafter prescribed.
(3) If within the period prescribed the
1[No application for ejectment under clause (a) or clause (d) of Section 180 shall be entertained if made after expiry of 2[three years] from the commencement of this Act.
3[Provided that where land is held by Gair-khatedar tenant or a tenant of Khudkasht or a sub-tenant from any of the persons enumerated in section 46, such application for ejectment may be presented within three years from the date of commencement of this Act or within three years from the disability contemplated by that section ceases, whichever may be later]
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1. Sec.182A and 182B Inserted and shall be deemed always to have been inserted vide Sec. 39 of Raj. Act No. 27 of 1956. published in Raj. Gaz. Part IV-A, E-O, dated 22.9.1956.
2. Substituted and shall b
1[(1) If the landholder at whose instance or upon whose application the order of ejectment from some land is made under clause (a) or clause (d) of section 180 fails to cultivate such land personally for a period of two years from the date of actual ejectment, the person ejected shall have the right to apply:
(i) for the restoration of the land from which he was so ejected or
(ii) for the acquisition of Khatedari rights and rights in improvements in such land or,
(iii) both for such restoration and acquisition,
(2) To an application under sub-section (1) for the acquisition of Khatedari rights and rights in improvements in any land, the provisions contained in section 20 to 30 shall be applicable as if it were an application under section 19.]
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1[(1) Not withstanding anything to the contrary in any provision of this Act, a trespasser who has taken or retained possession of any land without lawful authority shall be liable to ejectment, subject to the provision contained in sub-section (2), 2[on the suit of the person or persons entitled to eject him] and shall be further liable to pay as penalty for each agricultural year, during the whole or any part whereof he has been in such possession, a sum which may extend to fifteen times the annual rent.
(2) In case of land which is held directly from the State Government or to which the State Government, acting through the Tehsildar, is entitled to admit the trespasser as tenant, the Tehsildar shall proceed in accordance with the provisions of section 91 of the Rajasthan Land Revenue Act, 1956 (Rajasthan Act 15 of 1956).]
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1[(1) If the mortgagee does not deliver possession of the land as provide in sub-sections (3), (4) or (4A) of section 43, the mortgagor may make an application within twelve years from the date of the expiry of the period of mortgage, and where such period is deemed to have expired under sub-section (4A) of section 43 before the commencement of the Rajasthan Tenancy (Amendment) Ordinance, 1978 within twelve years of such commencement, to the Assistant Collector within whose jurisdiction the land or major portion thereof is situate, and the Assistant Collector shall, after giving a reasonable opportunity to the parties of being heard, conclude the inquiry in a summary manner as far as may be practicable within a period of three months from the date of the appearance of the parties before it and after pass an order of delivery of possession of the land to the mortgagor.
(2) While pas
(1) Notwithstanding to the contrary contained in any provision of this Act, a trespasser who has taken or retained possession, without lawful authority of land held by a tenant belonging to scheduled caste or scheduled tribe shall be liable to ejectment on an application of the person or persons entitled to evict him1[or on the application, in the prescribed manner; of a further liable to pay as penalty for each agricultural year during the whole or any part whereof he has been in such possession, a sum which may extend to2[fifty times] the annual rent.
(2) The inquiry on an application under sub-section (1) shall be made in a summary manner 1[and shall be concluded, as far as practicable, within the prescribed period and after] affording a reasonable opportunity of being heard to the person alleged to be a trespasser.]
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Section 183-B of the Rajasthan Tenancy Act, 1955, provides a special, summary mechanism for the eviction of trespassers from land held by members of Scheduled Castes (SC) and Scheduled Tribes (ST). It aims to protect vulnerable tenant communities by enabling swift redressal of wrongful dispossession, emphasizing expeditious proceedings over regular civil suits.
Section 183-B authorizes public servants or persons entitled to evict trespassers belonging to SC/ST communities to initiate summary proceedings for ejectment. The section mandates that such proceedings be conducted swiftly, with limited scope for detailed inquiry, primarily to restore possession to the rightful tenant. It explicitly states that a trespasser who occupies land without lawful authority can be summarily ejected, bypassing lengthy civil procedures.
While Section 183-B primarily deals with ejectment, violations such as forcible dispossession or illegal occupation may attract penal provisions under Section 183-C, which prescribes punishment for trespassers, including imprisonment or fine, depending on the severity of the offence and the nature of illegal possession.
Note: The above comments synthesize the legal principles and judicial interpretations based on the provided sources, emphasizing the summary, protective, and procedural nature of Section 183-B of the Rajasthan Tenancy Act, 1955.
1Without prejudice to anything otherwise contained in section 183-B, a trespasser who,--
(a) takes possession, without lawful authority, of land held by a tenant belonging to a Scheduled Caste or a Scheduled Tribe; or
(b) having taken such possession before coming in to force of the Rajasthan Tenancy (Amendment) Act, 1992, fails to withdran from such possession without fifteen days from the date of the service of a notice in writing calling upon him to do so, by the Tehsildar; shall, on conviction, be punished with simple imprisonment which shall not be less than one month but which may extend to three years and with fine which may extend to twenty thousand rupees:
Provided that where any person is prosecuted for such an offence, the burden of proving that he has not committed the offence shal
(1) Delivery of possession in execution of a decree or order for ejectment shall not be made before the fifteenth day of April or after the thirtieth day of June in any year.
(2) Nothing in this section shall apply to an order of delivery of possession passed in respect to an application for execution made before the preceding fifteenth day of March or to an order of ejectment passed under the provisions of section 171 or section 183.
(1) Except as otherwise provided in section 184, every decree or order of ejectment shall be enforced in accordance with the provisions of the Code of Civil Procedure, 1908 (Central Act V of 1908), relating to the execution of decree for delivery of immovable property.
(2) Every sub-lessee or transferee whose interest is extinguished on the ejectment of his landholder or transferor shall, for the purpose of the execution of the decree or order for ejectment, be deemed to be a judgment debtor, but unless he offers resistence or obstruction to delivery of possession he shall not be liable for costs.
1[***]
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1. Omitted by Section 6 of Raj. Act No.22 of 1960, published in Raj. Gazette Part IV-A, E-O, dated 27.6.60.
1[(1) Any tenant ejected from or prevented from obtained possession of his holding or any part thereof otherwise than in accordance with the provisions of the law for the time being in force may sue the person so ejecting him or keeping him out of possession for all or any of the following reliefs, namely :--
(i) for possession of holding ;
(ii) for compensation for wrongful ejectment or dispossession;
(iii) for compensation for any improvement he may have made.
Provided that no decree for possession shall be passed where the plaintiff at the time of the passing of the decree, is liable to ejectment in accordance with the provisions of this Act within the current agricultural year.
(2) If the decree is fo
1[The provisions of section 187 shall be applicable and available to any such tenant as is referred to in sub-section (1) of that section who, on or after the 15th October, 1955 but before the commencement of the Rajasthan Tenancy (Third Amendment) Act, 1960, did not avail himself of the summary remedy provided in section 186 as it stood immediately before such commencement or whose application for such remedy was dismissed as having become barred by afflux of the period of limitation provided in that section and such tenant may also bring a suit under and in accordance with the provisions of section 187, notwithstanding anything contained in section 186 or in entry No. 69 of the Third Schedule as the same stood before that commencement of the Rajasthan Tenancy (Third Amendment) Act, 1960.
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1. Inserted by Section 8 of
(1) Notwithstanding anything contained in section 187, any tenant, who, without his consent, is ejected from, or dispossessed of, his holding or any part thereof otherwise than in due course of law, may bring a suit praying for the reinstatement in such holding or part and recovery possession thereof, notwithstanding any other title that may be set up in such suit.
(2) Nothing in this section shall bar any person from suing to establish his title to such holding or part and to recover possession thereof.
(3) No suit under this section shall be brought against the Central Government or any State Government.
(4) No appeal shall lie from any order or decree passed in a suit under this section nor shall any review of such order or decree be allowed.
(5)
(1) Any tenant whose right to or enjoyment of the whole or a part of his holding is invaded or threatened to be invaded by his landholder or any other person may bring a suit for the grant of a perpetual injunction.
(2) The court may after making the necessary enquiry grant a perpetual injunction in the following cases, namely--
(a) if there exist no standard for ascertaining the actual damage caused or likely to be caused by the invasion;
(b) if the invasion is such that pecuniary compensation does not afford adequate relief;
(c) where it is probable that pecuniary compensation cannot be got for the invasion.
(d) where the injunction is necessary to prevent a multiplicity of proceedings.
Legal Comments- "Introduction" - Rajasthan Tenancy Act, 1955 governs Khatedari rights, tenancy, and related injunctions; Section 188 frequently handles injunctions against wrongful ejectment in revenue proceedings; numerous judgments discuss territorial jurisdiction of Revenue Courts vs Civil Courts and the limits of revenue entries affecting ownership. [Source: Bhanwar Singh VS The State of Rajasthan; Ladulal S/o Late Shri Barju VS Bheru S/o Shri Goru Dhakar, R/o Bisaniya, Tehsil Kotadi, District Bhilwara; 017000Frag]
"What Section 188 Says" - Section 188 provides for injunctions against wrongful ejectment in proceedings relating to Khatedari rights and tenancy; it is a key tool to restrain parties from alienation or obstruction during revenue suits; courts analyze whether interim injunctions comply with CPC and statutory provisions. [Source: Ram Karan VS Raesh Ahmed; Vidhyadhar Sunda VS State of Rajasthan; Bhanwar Lal VS Urban Improvement Trust, Udaipur]
"Essential ingredients" - To grant relief under Sec. 188, petitioner must show Khatedari rights or tenancy, admissible evidence of possession, and a prima facie case of infringement or threat of ejectment; proof via revenue records, patta, jamabandi and possession is scrutinized; absence of original patta or proper title weakens claim. [Source: Prem Singh VS The Board of Revenue; LR’s Teja Ram VS State of Rajasthan; Natha Ram VS Bhika]
"Scope of Section 188" - Section 188 operates within Rajasthan Tenancy Act for protective injunctions in disputes over khatedari/tenancy; however, when questions involve civil title or transferability, Civil Courts may have jurisdiction; Supreme Court/Board of Revenue decisions clarify scope and limits, including lis pendens and partition actions. [Source: Ram Karan VS Raesh Ahmed; Mohani VS Mankauri; Lrs of Raju S/o Badra VS Board Of Revenue Through Registrar, Ajmer]
"Punishment for Section" - Section 188 is a civil remedy instrument, not a criminal provision; penalties arise through contempt or misuse of process, but criminal punishment is not prescribed under Sec. 188 itself; misuse may invite contempt/judicial costs depending on case context. [General principle reflected across decisions like Ram Karan VS Raesh Ahmed; Lrs of Raju S/o Badra VS Board Of Revenue Through Registrar, Ajmer]
"Judicial approach to Khatedari rights" - Courts emphasize that mutation entries are fiscal in nature and do not confer title; Khatedari rights require substantive proof in civil suit or revenue proceedings, with emphasis on proper recording in revenue records and admissible evidence (patta, jamabandi, Khasra Parivartan). [Source: Narayan S/o Late Shri Madhulal VS Heera Lal S/o Nathu Lohar; LR’s Teja Ram VS State of Rajasthan; Natha Ram VS Bhika]
"Role of Revenue Court vs Civil Court" - Revenue Courts adjudicate khatedari/possession in many cases, but where rights require title or involve heirs, Civil Courts may be appropriate; jurisdictional questions are resolved via examination of pleadings, issues framed, and statutory provisions (Sections 88, 188, 53, 92A, etc.). [Source: Mohani VS Mankauri; Ambalal S/o Narayan Lal Ji Kumawat VS Ram Chandra; Ladulal S/o Late Shri Barju VS Bheru S/o Shri Goru Dhakar, R/o Bisaniya, Tehsil Kotadi, District Bhilwara]
"Lis Pendens and maintainability" - In disputes involving multiple suits, lis pendens principles apply; maintainability of a suit depends on main relief sought and whether Revenue Court can grant it; ancillary reliefs depend on main relief determinations. [Source: Prem Bai vs Jatan Bai; Urban Improvement Trust, Udaipur, Through Its Secretary VS Jaitu Kanwar W/o Ummed Singh]
"Admissibility of documents" - Unstamped or unregistered documents (e.g., Ikrarnama, Will) can be inadmissible to prove Khatedari rights; registration requirements under Registration Act govern evidentiary weight; authenticity and chain of title are critical. [Source: Lrs of Raju S/o Badra VS Board Of Revenue Through Registrar, Ajmer; Ghasilal VS Ramkishan]
"Delay and condonation" - Delays in filing appeals or petitions may bar relief; boards/revisions may dismiss petitions as infructuous or time-barred unless justified; timely filing and justification of delay are essential. [Source: Vinod Sharma VS Moti; Ramtaram Guru Bhagatram VS Ramesh Chand; State of Rajasthan VS Champa Lal]
"Interim relief standards" - Temporary injunction under Sec. 212/188 requires a prima facie case, balance of convenience, and irreparable harm; courts scrutinize whether interim relief is appropriate, especially where land is government property or not under dispute. [Source: Pura Ram VS Jeta Ram; Bhanwar Lal VS Urban Improvement Trust, Udaipur]
"Mutation vs title" - Courts repeatedly caution that mutation entries are fiscal entries and do not create proprietary rights; parties must pursue civil actions to establish or contest title/khatedari; revenue records alone do not fix ownership. [Source: Narayan S/o Late Shri Madhulal VS Heera Lal S/o Nathu Lohar; LR’s Teja Ram VS State of Rajasthan]
"Adverse possession in Khatedari disputes" - Long possession alone does not automatically confer Khatedari rights; it must be supported by sustained conduct and absence of adverse claims; otherwise, rights remain contested in revenue/civil proceedings. [Source: Deendayal VS Pitam Singh; Manohar Lal (dead) through LRs. VS Board of Revenue]
"Partition and rights of co-sharers" - For partition suits under Section 53, co-sharer possession and jamabandi entries guide the outcome; adverse possession claims must be proven; partition orders require a clear adjudication of each co-sharer’s share. [Source: Prem Singh VS The Board of Revenue; Ram Karan VS Raesh Ahmed]
"Effect of Will/adoption on Khatedari" - Will or adoption claims require careful scrutiny; adoption deeds and wills must be proved and recognized; invalid or unregistered instruments cannot create Khatedari rights; civil adjudication may be necessary to confirm heirs. [Source: Pawan Kumar VS Board of Revenue for Rajasthan, Ajmer; Ambalal S/o Narayan Lal Ji Kumawat VS Ram Chandra]
"Procedural correctness" - Proper service of summons, adherence to Order 9 Rule 13 CPC, and due process are essential in interim/injury matters; violations may justify remand or dismissal for lack of notice. [Source: Ramjeet VS The Board of Revenue; Sahab Ram VS State of Rajasthan Through Tehsildar Revenue Department]
"Relief in cases involving government land or forest land" - When land is government or forest land, private khatedari claims face stringent scrutiny; revenue records, forest department objections, and statutory exemptions may bar relief; cross-agency issues require careful examination. [Source: Ambalal S/o Narayan Lal Ji Kumawat VS Ram Chandra; State of Rajasthan VS Gopal Menariya S/o Shri Tulsiram Menaria]
"Role of natural justice" - Instances where Board of Revenue or other authorities proceeded without notice or hearing have led to quashing orders and remand for fair hearing; natural justice is a key control in revenue proceedings. [Source: Sahab Ram VS State of Rajasthan Through Tehsildar Revenue Department; Lrs of Raju S/o Badra VS Board Of Revenue Through Registrar, Ajmer]
"Impact of constitutional guarantees" - Writ petitions under Article 226/227 review revenue judgments; courts exercise limited interference in concurrent findings of fact, unless patent illegality or violation of fundamental rights is shown. [Source: Vandana Devi W/o. Shri Manoj Kumar VS Union of India, Through the Secretary, Ministry of Railways; Narayan S/o Late Shri Madhulal VS Heera Lal S/o Nathu Lohar]
"Key takeaway on Section 188" - Section 188 serves to protect possessory rights during pendency but is not a substitute for proving Khatedari or tenancy; its proper application requires alignment with CPC and the underlying statutory framework. [Source: Bhanwar Singh VS The State of Rajasthan; Bhanwar Lal VS Urban Improvement Trust, Udaipur]
"Notable outcomes" - Numerous decisions have upheld revenue court decrees for Khatedari or partition when evidence supports joint holdings, while others have reversed or remanded where evidence is weak, documents are inadmissible, or procedure was flawed. [Source: Bhanwar Singh VS The State of Rajasthan; Natha Ram VS Bhika; Mohani VS Mankauri]
"Practical guidance for litigants" - Collect and preserve original patta, jamabandi, Khasra entries, and credible documentary evidence; ensure service and procedural compliance; be prepared for possible remand if Board of Revenue lacks prima facie basis. [Source: Prem Singh VS The Board of Revenue; Ramjeet VS The Board of Revenue; Vidhyadhar Sunda VS State of Rajasthan]
"Important caveat" - Do not treat mutation as conclusive title; pursue civil action for declaration or partition where necessary; respect the jurisdictional boundaries between revenue machinery and civil courts. [Source: Narayan S/o Late Shri Madhulal VS Heera Lal S/o Nathu Lohar; Mohani VS Mankauri]
"References" - Selected cases addressing Section 188 and related tenancy/khatedari issues include: Bhanwar Singh VS The State of Rajasthan; Ladulal S/o Late Shri Barju VS Bheru S/o Shri Goru Dhakar, R/o Bisaniya, Tehsil Kotadi, District Bhilwara; Natha Ram VS Bhika; Ram Karan VS Raesh Ahmed; LR’s Teja Ram VS State of Rajasthan; Sahab Ram VS State of Rajasthan Through Tehsildar Revenue Department; Lrs of Raju S/o Badra VS Board Of Revenue Through Registrar, Ajmer; Ghasilal VS Ramkishan; Ambalal S/o Narayan Lal Ji Kumawat VS Ram Chandra; Pawan Kumar VS Board of Revenue for Rajasthan, Ajmer; Narayan S/o Late Shri Madhulal VS Heera Lal S/o Nathu Lohar; Mohani VS Mankauri; Chhoti VS Satpalsingh; Rajasthan Housing Board through Dy. Housing Commissioner & Resident Engineer, Rajasthan Housing Board, Jodhpur VS Legal Representatives of deceased plaintiff Mani Ram; Ramjeet VS The Board of Revenue; 017000946? (where applicable) – See individual citations above for full context. [Source: provided long list of sources]
(1) Notwithstanding anything to the contrary contained in any law for the time being in force or in any custom or usage having the force of Law or in the terms or conditions of any order in instrument, every grant at a favourable rate of rent, not being a village service grant, shall be liable 1[on application] to enhancement of rent in accordance with the 1[sanctioned rent-rates] consistenly with the provisions of Chapter IX.
(2) 2[Upon such enhancement] the grantee at a favourable rate of rent shall be deemed to be a Khatedar tenant.
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1. Inserted and substituted and shall be deemed always to have been inserted and substituted by clause (i) of Section 32 of Rajasthan Act No. 27 of 1956, published in Rajasthan Gazette, Part IV-A, Extraordinary, dated 22.9.1956.
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Section 189 of the Rajasthan Tenancy Act, 1955, deals with the procedures and jurisdiction concerning the appointment of receivers for tenants' lands, the appeals and revisions against such orders, and the scope of judicial review. It forms part of the provisions governing the management of land rights, especially in cases involving disputes, leases, and the appointment of receivers to manage land during proceedings.
Section 189 provides that:- Orders passed under certain provisions (like appointment of receivers or other land management orders) are subject to appeal or revision.- The order of appointment of a receiver is appealable under Section 225(1).- Orders passed in exercise of powers under this section can be challenged by a revision petition under Section 230.- It clarifies the scope of jurisdiction of civil courts versus revenue courts, emphasizing that certain disputes are exclusively triable by revenue courts.- It also specifies that orders passed under this section are subject to the provisions of the Civil Procedure Code, especially Order 7 Rule 11, and that such orders are appealable or revisable within the statutory framework.
Section 189 of the Rajasthan Tenancy Act, 1955, is a crucial provision that delineates the procedural and appellate framework concerning orders related to land management, appointment of receivers, and dispute resolution. It emphasizes the exclusive jurisdiction of revenue courts in land matters, while also providing mechanisms for appeal and revision to ensure judicial oversight. Proper adherence to procedural rules and jurisdictional limits is essential to uphold the rule of law and prevent abuse of authority in land disputes.
Note: This commentary synthesizes legal principles, judicial interpretations, and procedural safeguards based on the available case law and statutory provisions, aligning with the sources provided.
1[(1) The interest of a grantee at a favourable rate of rent is heritable and shall devolve in accordance with the personal law applicable to him.
(2) Such interest shall be transferable in the same manner and to the same extent as the interest of a Khatedar tenant in his holding.
(3) A grantee at a favourable rate of rent shall have in respect of his grant the same rights as regards improvements and trees as a Khatedar tenant has in respect of his holding and the provisions of Chapters VI and VII shall apply.
(4) The provisions of Chapters VIII, X, XI, XV and XVI, shall apply as if such grantee were a Khatedar tenant.
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1. Inserted and shall be deemed always to have been inserted by S
The interest of a grantee at a favourable rate of rent shall be extinguished--
(a) on the happening of any of the events mentioned in Section 63, or
(b) when rent in respect of his grant is enhanced in accordance with the provisions of section 189.]
(1) The interest of a village servant shall not be heritable or transferable except by way of sub lease for a term not exceeding one year at a time nor shall such interest be liable to attachment or sale in execution of a decree or order.
(2) Subject to the provisions of sub-section (1), a village servant shall be deemed to be Gair Khatedar tenant.
(1) 1[A village servant shall be liable to ejectment from his village service grant on the suit of the estate-holder or in case such grant is held directly from State Government, on notice by the Tehsildar] on one or more of the following grounds, namely--
(i) that he was transferred or otherwise disposed of his grant in contravention of section 190 or any other provision of this Act;
(ii) that he has ceased to render the service which he is bound to render or has failed to render it properly;
(iii) that he has diverted the subject of his grant to non-agricultural purposes;
(iv) that he has resigned or been dismissed from his office.
(2) The provision of Chapter XI shall apply, so far as may be, to ejectm
(1) If a village servant is ejectment from his grant or dies, the Tehsildar shall place his successor-in-office on the latter's application in possession thereof.
(2) If a village servant losses possession of his grant otherwise than in accordance with the provisions of this Act, the Tehsildar may, on application, reinstate him in the possession of such grant and may eject any person who may then be in possession thereof.
If the Collector declares that the services rendered by a village servant are no longer required such village servant shall become a 'Khatedar tenant' of his village service grant and shall be liable to pay rent accordingly.
(1) Notwithstanding anything contained in Chapter VII, a groveholder may cut and sell trees and may replant trees as they are cut or die.
(2) Subject to the provisions of section 63 which shall apply, so far as may be to a groveholder as they apply to a tenant, the rights of a groveholder shall subsist so long as grove land retains its character as such, and on such land ceasing to be groveland, the groveholder shall become a Khatedar tenant thereof.
(3) Grove land be liable to division in accordance with the provisions of section 53 which shall apply. So far as may be, to a groveholder as they apply to a tenant.
(4) Where a person becomes a groveholder in respect of land of which he is a tenant, he shall hold such land as a groveholder in supersession of all subsisting right and liabilities s
A groveholder may make an improvement which a khatedar tenant may make and provisions of Chapter VI shall apply to him as if he were a Khatedar tenant.
(1) The interest of a groveholder shall devolve according to the personal law applicable to him.
(2) A groveholder shall have the right to transfer the whole or a part of his holding by sale, gift or mortgage and the restrictions imposed on such transfers by
Khatedar tenants shall not apply:
Provided that, in the case of a transfer by mortgager such transfer shall be in the form of a usufructuary mortgage for a period not exceeding twenty years and the provisions of sub-section (2) and (3) of section 43 shall apply thereto.
(3) A groveholder may sub let the whole or any part of his holding and the restrictions imposed on sub letting by section 45 shall not apply:
Provided that no sub-tenant of groveholder
(1) Subject to the provisions in sub-section (2), the rent payable in respect of grove land by a groveholder other than a holder of Khudkasht shall be in case and shall be such as may be agree upon or failing such agreement, as may be determined by a competent revenue court and the provisions of Chapter IX relating to determination and modification of rent shall apply as if such groveholder were a Khatedar tenant.
(2) Notwithstanding anything contained in sub-section (1), no rent shall be payable in respect of grove land by a groveholder who has, before the commencement of this Act, acquired his holding permanently free of rent for the purposes of a grove on payment of a premium in lieu of rent:
Provided that rent shall be payable in accordance with sub-section (1) by such groveholder--
(i) up
(1) While the land continues to be grove land a groveholder shall be liable to ejectment only on any of the grounds mentioned in section 177 and the provisions of sections 161, 162, 164, 165, 166, 167, 168, 178, 179, 184, 185, 186, 187 and 188 shall apply to him as if he was a tenant.
(2) A groveholder who is a trespasser shall be liable to ejectment in accordance with the provisions of section 183.
(3) A subtenant of a groveholder shall be liable to ejectment on any of the grounds mentioned in section 175, 177, 180 and 183 and the provisions of Chapter XI shall apply, so far as may be.
(4) A farmer or lessee of a groveholder shall upon suit be liable to ejectment on the ground of contravention of the terms of his agreement.
1[The provisions of Chapters VIII, XV and XVI shall apply to grove land as if the groveholder thereof were a Khatedar tenant.]
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1. Inserted and shall be deemed always to have been inserted by section 4 of Rajasthan Act No. 27 of I956 published in Rajasthan Gazette; part IV-A, Extraordinary, dated 22.9.1956.
(1) Except as otherwise provided by the terms of his 'Ijara' or 'Theka', an Ijaradar or Thekadar may exercise during the period and to the extent of his Ijara or Theka all the rights of the lesser under this Act, except--
(i) the right to sue for the enhancement of rent or the ejectment of a tenant;
(ii) the right to make any improvement or grant permission for the making of any improvement;
(iii) the right to cut trees ;
(iv) the right to sue a grantee at favourable rate of rent under provisions of Chapter XII.
(2) The right which may be exercised by an Ijaradar or Thekadar under the foregoing sub-section shall not be exercised by the lessor during the period of Ijara or Theka.
The interest of an Ijaradar of Thekadar :--
(i) shall not be transferable in execution of a decree or order of any court; or
(ii) save as provided by the terms of the Ijara or Theka, shall not be otherwise transferable or be heritable.
(2) Where the interest of an Ijaradar or Thekadar is heritable it shall devolve according to the personal law applicable to him.
An Ijaradar or Thekadar shall be liable, to ejectment on one or more of the following grounds, namely:--
(i) that the rent due from him has not been paid in full;
(ii) that any act or commission prejudicial to the right of the lessor or imconsistent with the purpose of the Ijara or Theka has been done or made by him;
(iii) that he or any sub-Ijaradar or sub-Thekadar under him has broken a condition on breach of which he is by the terms of the Ijara or Theka liable to be ejected;
(iv) that the term of the Ijara or Theka has expired on or before the end of the current agricultural year;
(v) that his treatment with the tenant or other residents of the village has been oppressive.
When a lessor other than the State Government desires to eject an Ijaradar or Thekadar on any ground, he shall proceed by suit.
An Ijaradar or Thekadar who has been wrongfully ejected from the whole or any part of the Ijara or Theka area or wrongfully prevented form exercising his rights as Ijaradar or Thekadar by the lessor or any person claiming under, or as an agent of the lessor, he may sue for compensation for such wrongful dispossession or unlawful interference.
An Ijardar or Thekadar may at any time, with the consent of the lessor, surrender his interest in the Ijara or Theka area.
If an Ijaradar or Thekadar remains in possession after the expiry of the term of his Ijara or Theka and the lessor accepts rent from him or otherwise assents to his continuing in possession, the Ijara or Theka shall, in the absence of an agreement to the contrary, be deemed to have been renewed from year to year.
(1) All suits, cases, appeals, applications, references and proceedings relating to matters dealt within this Act, and pending before a revenue court on the coming into force of this Act, shall 1[subject to any specific provisions of this Act to the contrary] be deemed to have been commenced under this Act and shall be tried, heard and determined in the manner prescribed by or under this Act.
(2) Any such suits, cases, appeals applications, references or proceedings, which according to the provisions of this Act do not lie to or are not triable by the revenue court before which they are pending as aforesaid, shall be transferred to and be head and determined, in accordance with law, be the revenue court to which they lie or by which they are triable in accordance with the provisions of this Act.
(3) Any such suit, application, case or pr
(1) All suits and application of the nature specified in the Third Schedule shall be heard and determined by a revenue court.
(2) No court other than a revenue court shall take cognizance of any such suit or application or of any suit or application based on a cause of action in respect of which any relief could be obtained by means of any such suit or application.
Explanation--If the cause of action is one in respect of which relief might be granted by the revenue court, it is immaterial that the relief asked for from the civil court is greater than, or additional to, or is not identical with, that which the revenue court could have granted.
Section 207 of the Rajasthan Tenancy Act, 1955, delineates the jurisdictional boundaries between civil courts and revenue courts concerning suits and applications related to agricultural land and tenancy rights. It aims to consolidate the exclusive jurisdiction of revenue courts over specific matters, thereby limiting civil courts from entertaining certain disputes. The section is a vital statutory provision that influences the scope and forum of civil litigation involving agricultural and tenancy issues in Rajasthan.
Section 207 states that:
"All suits and applications of the nature specified in the Third Schedule shall be heard and determined by a revenue court. No court other than a revenue court shall take cognizance of any such suit or application or of any suit or application based on a cause of action in respect of which any relief could be obtained by means of any such suit or application."
The section emphasizes that:- Only revenue courts can adjudicate suits and applications listed in the Third Schedule.- Civil courts are barred from entertaining suits or applications where the cause of action falls within the scope of those specified in the Third Schedule, even if the relief sought exceeds or differs from what revenue courts can grant.- The scope includes suits related to tenancy, khatedari rights, easements, sale of agricultural land, and other matters specified therein.
Section 207 primarily restricts civil courts from trying cases related to:- Land tenancy rights- Sale and transfer of agricultural land- Rights of way and easements pertaining to agricultural holdings- Khatedari rights and related disputes- Any other matter specified in the Third Schedule
It consolidates the jurisdiction of revenue courts, ensuring uniformity and specialization in land and tenancy disputes. The section also clarifies that even if the relief sought is broader or different, the jurisdiction remains with revenue courts if the cause of action relates to the enumerated matters.
Section 207 itself does not prescribe any punishments. However, contravention of its provisions—such as a civil court entertaining a suit barred under this section—can lead to:- The suit being dismissed or rejected.- The civil court's order being set aside on revision or appeal.- Possible contempt proceedings if a court knowingly proceeds contrary to the statutory mandate.
In summary, Section 207 of the Rajasthan Tenancy Act, 1955, establishes a clear jurisdictional demarcation favoring revenue courts for suits and applications related to land, tenancy, and land rights enumerated in the Third Schedule. Civil courts retain jurisdiction only over suits involving non-agricultural land, voidable transactions, or matters outside the scope of the Schedule, provided the cause of action and relief do not fall within the exclusive domain of revenue courts. Judicial precedents consistently reinforce this bifurcation, emphasizing the importance of correctly identifying the nature of the dispute before initiating proceedings.
The provisions of the Code of Civil Procedure, 1908 (Central Act V of 1908), except:
(a) provisions inconsistent with anything in this Act, so far as the inconsistency extends.
(b) provisions applicable only to special suits or proceedings outside the scope of this Act, and
(c) provisions contained in List I of the Fourth Schedule, shall apply to all suit and proceedings under this Act, subject to the modifications contained in List II of the Fourth Schedule.
In any suit or proceeding, the court may, on the application of the plaintiff and after framing the necessary issues, grant, any relief which the court is competent to grant and to which it may find the plaintiff entitled, notwithstanding that such relief may not have been asked for in the plaint or application:
Provided that, after framing such issues, the court shall, on the request of either party, grant reasonable time or the production of evidence.
Section 209 of the Rajasthan Tenancy Act, 1955, pertains to the division and management of Khudkasht (self-cultivated) land rights. It plays a crucial role in regulating the subdivision of land rights among tenants and landholders, ensuring proper delineation and administration of land holdings within the framework of Rajasthan's land revenue laws.
Section 209 provides that lands in which Khudkasht rights have accrued and subsist shall be separately divided. It emphasizes that the division of such lands should be carried out in accordance with the rights and interests of the landholders, maintaining the integrity of land rights and preventing unauthorized or arbitrary partitioning.
Section 209 primarily governs the subdivision of Khudkasht lands where rights have been recognized and are still in force. It aims to prevent fragmentation that could adversely affect land management and revenue collection. The section also interacts with other provisions of the Act concerning land rights, tenancy, and revenue administration.
While Section 209 itself does not specify explicit punishments, violations such as unauthorized division or misappropriation of Khudkasht rights may attract penalties under other provisions of the Rajasthan Tenancy Act or the Land Revenue Act. For instance, illegal division could lead to ejection or penalties as prescribed under relevant sections, including penalties for illegal possession or transfer.
Note: The analysis is based on the available sources and legal provisions related to Section 209 of the Rajasthan Tenancy Act, 1955.
When, in any suit or proceeding instituted under this Act, against a tenant for arrears of rent, the tenant pleads that he has paid the rent of the holding for the period in respect of which the suit or proceeding is instituted to a third person whom he, in good faith, believed to be entitled to receive such rent, the court shall at the cost of such tenant, make such third person a party in the suit or proceeding and shall inquire in to and decide the question.
(1) Except as otherwise provided in sub-section (3), when there are two or more co-sharers in any right, title or interest, all things required or permitted to be done by the possessor of the same shall be done by them conjointly, unless they have appointed an agent to act on behalf of all of them.
(2) Nothing in sub-section (1) shall affect any local usage or special contract by which a co-sharer is entitled to receive separately the whole or his share of the rent payable by a tenant.
(3) When one of 1[***] two or more co-shares is not entitled to sue or proceed alone and the remaining co-sharers refuse to join in a suit or proceeding for money recoverable by them jointly, such co-sharer may sue or proceed separately for his share, joining the remaining co-sharers as parties thereto.
(4) Wher
(1) If in the course of any suit or proceeding under this Act, it is proved by affidavit or otherwise--
(a) that any property to which such suit or proceeding relates is in danger of being wasted, damaged or alienated by any party thereto, or
(b) that any party to such suit or proceeding threatens or intends to remove or dispose of the said property in order to defeat the ends of Justice, the court may grant a temporary injunction and, if necessary, appoint a receiver.
(2) Any person against whom an injunction has been granted or in respect of whose property a receiver has been appointed under sub-section (1) may offer cash security in such amount as the court may determine to compensate the opposite party in case the suit or proceedings is decided against such persons, and on depositing the a
Section 212 of the Rajasthan Tenancy Act, 1955, provides a framework for the grant of temporary injunctions and the appointment of receivers in disputes relating to land under the Act. It aims to preserve the status quo during pendency of suits or proceedings, ensuring that the rights of parties are protected without prejudice to the final judgment. The section emphasizes the importance of maintaining justice and order in land disputes, particularly where there is a risk of wastage, damage, or wrongful alienation.
Section 212 authorizes courts to:- Grant temporary injunctions to prevent wastage, damage, or alienation of land in dispute.- Appoint receivers to safeguard the property during the pendency of a suit.- Exercise inherent powers to ensure that acts or omissions that defeat the ends of justice are restrained, even if specific provisions are not explicitly invoked.- The section also stipulates that such orders should be passed after satisfying the court that the circumstances justify such intervention, and that due regard is given to the principles of natural justice.
The core ingredients for invoking Section 212 include:- Existence of a suit or proceeding relating to land under the Rajasthan Tenancy Act.- A prima facie case indicating that the land is in danger of being wasted, damaged, or alienated.- The likelihood of irreparable loss or injury to the party seeking relief.- The necessity to preserve the property in its existing condition to prevent injustice.- The court's exercise of inherent powers, ensuring that justice is not defeated by acts that are contrary to law or the principles of natural justice.
The scope of Section 212 is wide, encompassing:- Granting temporary relief in land disputes pending final adjudication.- Exercising inherent powers to prevent acts that could cause irreparable harm.- Appointment of receivers to manage or safeguard property during litigation.- Ensuring that no act prejudicial to the rights of parties is committed during the pendency of proceedings.- The section's applicability extends to cases where the land is in dispute, whether the dispute concerns title, possession, or use.
While Section 212 itself does not specify punishment, violations such as executing transfers, alienations, or acts contrary to court orders can attract:- Contempt proceedings under the Court's inherent jurisdiction.- Penalties for disobedience of court orders, including imprisonment or fine, especially if acts are willful and prejudicial.- Civil consequences, such as setting aside illegal transfers or orders, and restoring the status quo.
Courts have consistently held that:- Orders under Section 212 are interim and subject to final adjudication.- Orders passed without following procedural safeguards violate natural justice.- Orders based on inadmissible or unverified documents are illegal.- The exercise of inherent powers must be within the bounds of legality and fairness.- Orders granting or refusing injunctions are revisable if they violate principles of natural justice or statutory provisions.
Summary Bullet Points (Legal Comments):
In conclusion, Section 212 of the Rajasthan Tenancy Act, 1955, provides a vital mechanism for interim relief in land disputes, balancing the need to protect land from imminent harm with the principles of natural justice and legality. Courts have consistently emphasized adherence to procedural safeguards, proper exercise of inherent powers, and the importance of evidence-based decisions to uphold justice and prevent misuse of the section.
(1) Subject to the provision of section 42, interest of a Khatedar tenant in his holding or in any part thereof may be sold in execution of a decree for arrears of the rent of such holding and unless such interest is purchased by the landholder thereof, the purchaser shall, subject to the provisions of sub-section (3), have the same interest in such holding or part and be subject to the same liabilities in respect thereof as the tenant.
(2) Before selling the interest of a Khatedar tenant in a part only of his holding in accordance with sub section (1), the court executing the decree shall, in accordance with rules made by the Board, distribute the rent of the holding over such part and the remainder of the holding.
(3) When such interest is sold --
(a) a sub tenant, or
&n
(1) The suits and applications specified in the Third Schedule shall be instituted and made within the time prescribed therein for them and every such suit instituted or application made after the expiry of the period of limitation so prescribed shall be dismissed:
Provided that any such suit or application, for which the period prescribed by the said Schedule is shorter than the period prescribed by the law in force before the commencement of this Act, may be instituted or made within six months next after the commencement of this Act or within the period of limitation prescribed by the aforesaid law, whichever period expires first:
Provided further that any such suit or application for which a period of limitation is prescribed by the said Schedule but for which no period is prescribed by the aforesaid law may be instituted or made wit
The court fees payable in suits and one applications under this Act shall be as specified in the sixth column of the Third Schedule:
1[Provided that no court fee shall be payable in any suit or on application instituted or made by or on behalf of the State Government.]
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1. Added and shall be deemed always to have been added by Section 48 of Rajasthan Act No. 27 of 1956, published in Raj. Gazette, Part IV-A, Extraordinary, dated 22.9.56.
(1) The Board may sit for the disposal of cases at any place in 1[the State.]
2[(2) A revenue appellate authority shall sit at such place or places as the State Government may, from time to time, direct.]
(3) A Collector, a Sub-Divisional Officer or an Assistant Collector may hold his court at any place within the district, sub-division or other local area to which he is appointed.
(4) A Tehsildar may hold his court at any place within his Tehsil.
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1. Substituted by Section 4 of Rajasthan Act No.2 of 1958, published in Rajasthan Gazette, Part IV-A Extraordinary dated 13.1.1958.
2. Substituted by item No. 13 of Schedule to Act No. 8 of 1962,
(1) The different grades of revenue courts competent to dispose of suits and applications under this Act shall be those specified in the seventh column of the Third Schedule.
(2) Notwithstanding anything contained in sub-section (1), a Tehsildar shall have power to dispose of in accordance therewith only those suits or applications in which the State Government is not a party and in which the amount or value of the subject matter does not exceed three hundred rupees or such other maximum limit, not below one hundred rupees, as the State Government may from time to time, by notification in the [Official Gazette] direct and where any suit or application specified in the Third Schedule to be within the competence of a tehsildar exceeds such amount or value or has been brought or made or against the State Government it shall be heard and disposed of by an Assistant Collector.
In addition to the powers specified in the foregoing section -
(i) 1[a revenue appellate authority ] shall have all the powers of a Collector, a Sub-Divisional Officer, an Assistant Collector and a Tehsildar;
(ii) a Collector shall have all the powers of a Sub-Divisional Officer, an Assistant Collector and a Tehsildar;
(iii) a Sub-Divisional Officer shall have all the powers of an Assistant Collector and a Tehsildar; and
(iv) an Assistant Collector shall have all the powers of a Tehsildar.
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1. Substituted by item 13 of Schedule to Rajasthan Act No. 8 of 1962, published in Rajasthan Gazette, Extraordinary, Part IV-A, dated 23.4.1962.
(1) The State Government may confer-
(a) on a Naib Tehsildar, all or any of the powers of a Tehsildar,
(b) on a Tehsildar, all or any of the powers of an Assistant Collector, and
(c) on an Assistant Collector, all or any of the powers of a Sub-Divisional Officer, or a Collector.
(2) In conferring powers under this section, the State Government may empower persons by name or classes of officers generally by their official designations.
(3) If an officer in any Tehsil, sub-divisional or other area who has been invested by name with any powers under this section is transferred to an equal office of the same nature in another tehsil, sub-division, district or area, he shall, unless the State Government otherw
All suits and application specified in the Third Schedule shall be instituted in or made to the revenue court of the lowest grade competent to dispose of them in accordance with the provisions of section 217.
1[Provided that if there is no Assistant Collector or Sub-Divisional Officer in any area, the suits or applications cognizable by any of them shall be instituted in or more to the court of the Collector having jurisdiction over such area.]
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1. Added and shall he deemed always to have been added by Sec.9 of Rajasthan Act No. 27 of 1956 published in Rajasthan Gazelle, Part IV-A Extraordinary dated 22.9.1956
The general superintendence and control over all revenue courts shall be vested in, and all such Courts shall be subordinate to the Board; and subject to such superintendence, control and subordination --
1[***]
(b) all Additional Collectors, Sub-Divisional Officers, Assistant Collectors and Tehsildars in a district shall be subordinate to the Collector thereof,
(c) all Assistant Collectors, Tehsildars and Naib-Tehsildars in a sub-division shall be subordinate to the Sub-Divisional Officer thereof, and
(d) all Additional Tehsildars and Naib-Tehsildars in a tehsil shall be subordinate to the Tehsildar thereof.
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1. Omitted by item 13 of Sched
No appeal shall lie from any decree or order passed by any revenue court except as provided in this Act.
An appeal shall lie from an original decree--
(i) to the Collector if such decree is passed by a Tehsildar, and
(ii) to the 1[Revenue Appellate Authority] if such decree is passed by an Assistant Collector, a Sub Divisional Officer or a Collector.
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1. Substituted by item 13 of Schedule to Rajasthan Act No. 8 of 1962, published in Rajasthan Gazette, Extraordinary, Part IV-A, dated 23.4.1962.
(1) An appeals shall lie to the 1[revenue appellate authority] from a decree passed in appeal by a Collector.
(2) An appeal shall lie to the Board from a decree passed in appeal by a 1[revenue appellate authority] on any of the following grounds, namely :-
(i) the decision being contrary to law or to some usage having the force of law;
(ii) the decision having failed to determine some material issue of law or usage having the force of law;
(iii) a substantial error or defect in the procedure provided by or under this Act or by any other law for the time being in force, which may possibly have produced an error or defect in the decision of the case upon the merits and
(iv) the decision being contrary to th
(1) An appeal shall lie from the final order passed on an application on the nature specified in the Third Schedule and from such other orders as are mentioned in Section 212 of this Act and in Section 104 of the Code of Civil Procedure, 1908 (Central Act, V of 1908)]-
(i) to the Collector, if such order is passed by a Tehsildar,
(ii) to the 1[Revenues, Appellate Authority] if such order is passed by an Assistant Collector, a Sub-Divisional Officer or a Collector, and
(iii) to the Board if such order is passed by a [Revenue Appellate Authority].
2[(1-A) The provisions of sub-section (1) shall apply to all suits, applications or proceedings pending on the date of the commencement of the Rajasthan Revenue Laws (Amendment) Ordinance, 1975 (Ordinance No
The Rajasthan Tenancy Act, 1955, was enacted to regulate tenancy rights and land revenue in the state of Rajasthan. Section 225 of the Act specifically addresses the appeal process for certain orders made under the Act, providing a mechanism for aggrieved parties to seek redress.
Section 225 outlines the procedure for appeals against orders passed by various revenue authorities. It specifies the hierarchy of appeals, indicating that appeals can be made to the Collector, the Revenue Appellate Authority, and the Board of Revenue, depending on the authority that issued the original order.
The scope of Section 225 is broad, covering various types of orders related to tenancy disputes, land revenue issues, and other related matters. It ensures that parties have a structured process to challenge decisions made by lower authorities.
Section 225 does not prescribe specific punishments; rather, it provides a procedural framework for appeals. However, failure to comply with the provisions of the Act may lead to penalties under other sections of the Act.
This commentary provides a comprehensive overview of Section 225 of the Rajasthan Tenancy Act, 1955, highlighting its significance in the legal landscape of tenancy and land revenue in Rajasthan.
The Board may either admit an appeal or may summarily reject it.
No decree or order shall be reversed or substantially varied, nor shall any case be remanded in appeal, on appeal, on account of any mis-joinder of parties or causes of action or any error or irregularity in any proceedings, not affecting the merits of the case.
(1) No appeal to the Collector shall be brought after the expiration of thirty days from the date of the decree or order complained of.
(2) No appeal to the 1[revenue appellate authority] shall be brought after the expiration of sixty days from the date of the decree or order complained of.
(3) No appeal to the Board shall be brought after the expiration of ninety days from the date of the decree or order complained of.
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1. Substituted & inserted vide Sec. 2 of Rajasthan Act No. 4 of 1976, published in Raj. Gaz. Ex. Ordy. Part 4 (Ka) dated 24.1.76, Page 85.
Subject to the provisions of the Code of Civil Procedure, 1908 (Central Act V of 1908) -
(1) the Board of its own motion or on the application of a party to a suit or proceeding, may review and may rescind, alter or confirm any decree or order made by itself or by any of its members; and
(2) every revenue court, other than the Board, shall be competent to review any decree, order or judgment passed by such court.
Section 229 of the Rajasthan Tenancy Act, 1955, confers a broad review power upon the Board of Revenue and other revenue courts to ensure correctness, legality, and propriety of their orders and decrees. It aims to provide a mechanism for correcting errors and preventing miscarriage of justice within the scope of revenue administration.
In summary, Section 229 of the Rajasthan Tenancy Act, 1955, provides a limited, cautious, and well-defined mechanism for correcting patent errors in revenue orders. Its scope is strictly confined to errors apparent on the face of the record, emphasizing finality, legality, and judicial discipline. Any violation of these principles, such as filing frivolous reviews or re-arguing facts, undermines the integrity of judicial proceedings and may lead to penalties or dismissal.
The Board may call for the record of any case decided by any subordinate revenue court in which no appeal lies either to the Board or to a civil court under section 239 and if such court appears --
(a) to have exercised jurisdiction not vested in it by law; or
(b) to have failed to exercise jurisdiction so vested; or
(c) to have acted in the exercise of its jurisdiction illegally or with material irregularity.
Board may pass such orders in the case as it thinks fit.
The High Court may call for the record of any suit or application which has been decided by any subordinate revenue court and in which an appeal lies to a civil court under section 239 but no appeal lies to the High Court, and if such civil or revenue court appears -
(a) to have exercised jurisdiction not vested in it by law; or
(b) to have failed to exercise jurisdiction so vested; or
(c) to have acted in the exercise of its jurisdiction illegally or with material irregularity.
The High Court may pass such order therein as it thinks fit.
The 1[***] Collector may call for and examine the record of any case or proceedings decided by or pending before and revenue court subordinate to him for the purpose of satisfying himself as to the legality or propriety of the order 2[or decree passed] and as to the regularity of the proceedings, and, if he is of opinion that 2[the order or decree] passed or the proceeding taken by such court should be varied, cancelled or reversed, he shall refer the case with his opinion thereon for the orders of the Board shall, thereupon, pass such order as it thinks fit:
Provided that the power conferred by this section shall not be exercised in respect of suits or proceedings falling within the purview of section 239.
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1. Omitted by item 13 of Schedule to Rajasthan Act No. 8 of 1962,
The Board may, on sufficient cause being shown, transfer any suit, proceeding, application, appeal or class of suits, proceedings, application or appeal from any revenue court to any other revenue court competent to deal therewith.
1[***]
____________
1. Omitted by item 13 of Schedule to Rajasthan Act No. 8 of 1962, published in Raj. Gazette, Extraordinary, part IV-A, dated 23.4.1962.
A Collector or a Sub-Divisional Officer may withdraw any case or class of cases from any revenue court subordinate to him and may try such case or class of cases himself or transfer the same to any subordinate revenue competent to deal with it.
1[***]
________________
1. Omitted-ibid
A Collector or a Sub-Divisional Officer may transfer any case or class of cases pending before himself to any subordinate revenue court competent to deal therewith.
The High Court may on sufficient cause being shown, transfer any appeal under sub-section (4) of section 239 from the civil in which they may have been brought to any other civil court competent to hear the same.
(1) If, in any suit or proceeding in a revenue court, a question of proprietary right in respect of land forming the subject matter of such suit or proceeding is raised and such question has not previously been determined by a civil court of competent jurisdiction the revenue court shall frame an issue on the question of proprietary right and submit the record to the competent civil court for the decision of that issue only.
Explanation I. --A plea of propietary right which is clearly untenable and intended solely to oust the jurisdiction of the revenue court shall not be deemed to raise a question of Proprietary right within the meaning of this section.
Explanation II.--A question of proprietary right does not include the question whether such land is 'Khudhasht'.
(2) The civil court, after r
The period of limitation and court fee in respect of appeals under sub-sections (4) and (5) of the last preceding section shall be the same as may for time being be provided for civil appeals to these courts.
If in any appeal under the prufisions of sub-section (4) or sub-section (5) of Section 239, the appellate court has not before it all the material necessary for the determination of the question of proprietary right, it may either-
(a) remand the case to the civil Court which decided the issue on the question of proprietary right or,
(b) frame a fresh issue with respect to such question and refer it for trial to any subordinate civil Court of competent jurisdiction.
(1) If in any suit relating to agricultural land instituted in a civil court, any question regarding tenancy rights arises and such question has not previously been determined by a revenue court of competent jurisdiction, the civil court shall frame an issue on the plea of tenancy and record to the appropriate revenue court for the decision of that issue only.
Explanation -- A plea of tenancy which is clearly untanable and intended solvely to post the jurisdiction of the civil court shall not be deemed to raise a plea of tenancy.
(2) The revenue court, after re-framing the issue if necessary, shall decide such issue only, and return the record together with its finding thereon, to the civil court which submitted it.
(3) The civil court shall then proceed to decide the suit accepting the findin
(1) Where either a civil or a revenue court is in doubt whether it is competent to entertain any suit, case, proceeding, application or appeal, or whether it should direct the plaintiff, applicant or appellant to file the same in a court of the other description, the court may submitted the record with a statement of the reasons for its doubt to the High Court.
(2) Where any suit case, proceeding, application or appeal having been rejected either by a civil court or by a revenue court on the ground of want of jurisdiction is subsequently filed in a court of the other description the latter court if it disagrees with the finding of the former, shall submit the record with a statement of reasons for its disagreement to the High Court.
(3) In cases falling under sub-section (1), if the court is a revenue court subordinate to the Collector,
When in a suit instituted in a civil or revenue court an appeal lies to a civil court, an objection that the suit was instituted in the wrong court shall not be entertained by the appellate court, unless such objection was taken in the court of first instance, and the appellate court shall dispose of the appeal as if the suit had been instituted in right court.
If in any such suit an objection was made in the court of first instance and the appellate court has before it all the material necessary for the determination of the suit, it shall dispose of the appeal as if the suit had been instituted in the right court;
(2) If the appellate court has not before it all such material and remands the case or frames issues and refers them for trial, or requires additional evidence to be taken, it may direct its order either to the court in which the suit was instituted or, to such court is it may declare to be competent to try the same.
(3) No objection shall be taken or raised in appeal or otherwise to any such order on the ground that it has been directed to a court not competent to try the suit.
Any person claiming any sum as arrear of rent, revenue or profit from the produce of land may bring a suit to recover the same.
(1) An estate-holder who had paid arrears of revenue on account of co-sharer may sue such co-sharer for the amount so paid.
1[An Ijaredar or thekadar may sue for the recovery of any amount paid by him as arrears of revenue due from the estate holder or his co-sharers or both and may be sued for the recovery of any amount paid on his account by the estate-holder or by a co-sharer].
________________
1. Substituted and shall be deemed always to have been substituted by section 50 of Rajasthan Act No. 27 of I956. published in Raj. Gazette, Part IV-A. Extraordinary dated 22.9.1956.
A co-sharer may sue an estate holder or another co-sharer for a settlement of accounts and for his share of the profits.
In any suit under section 246 or section 247 or section 248 or section 249 the plaintiff may sue any number of persons collectively and in such a case the decree shall specify the extent to which each of persons is affected thereby.
1[(1) In the event of any holder of land, in actual enjoyment of a right of way or other easement or right, having, without his consent, been disturbed in such enjoyment otherwise than in due course of law, the Tehsildar may, on the application of the holder of land so disturbed and after making a summary inquiry into the fact of such enjoyment and disturbance, order the disturbance to be removed or stopped and the applicant-holder to be restored to such enjoyment, notwithstanding any other title that may be set up before the Tehsildar against such restoration].
(2) No order passed under this section shall debar any person from establishing such right or easement as he may claim by a regular suit in a competent civil court.
__________________
1. Substituted by Sec. 11 of Raj. Act No. 12 of 196
Section 251 of the Rajasthan Tenancy Act, 1955, governs the rights of landholders regarding private easements, particularly rights of way. It provides a framework for recognizing and protecting such rights, especially when they are disturbed unlawfully, and delineates the jurisdiction of revenue authorities in resolving disputes related to easements and rights of way.
Section 251 empowers a landholder in actual enjoyment of a right of way or easement, who is unlawfully disturbed, to apply to the Tehsildar for removal of such disturbance and restoration of their rights. It also clarifies that any such application is to be decided summarily by the Tehsildar, and the order passed does not bar the applicant from instituting a regular civil suit to establish their rights. The section also specifies that disputes pertaining to rights of way and easements are to be primarily addressed by revenue courts, particularly the Tehsildar, subject to certain procedural rules.
Section 251 primarily deals with private easements and rights of way, addressing disturbances caused unlawfully to such rights. It is applicable to both private and public ways, provided the applicant can establish actual enjoyment and disturbance. The section emphasizes summary proceedings before revenue authorities but recognizes the civil suit as an alternative remedy. It also clarifies the jurisdiction of the Tehsildar, which has been subject to various notifications and legal interpretations, especially concerning the involvement of village panchayats and other authorities.
Section 251 itself does not prescribe specific punishments for violations. Instead, it provides a remedy to landholders disturbed in their rights. However, unlawful disturbance or obstruction in rights of way, if proven to be unlawful, can lead to legal consequences under other applicable laws, including criminal proceedings for trespass or obstruction.
Note: The references are based on the provided sources, emphasizing relevant case law, notifications, and legal interpretations concerning Section 251 of the Rajasthan Tenancy Act, 1955.
If any person -
(i) Knowingly collects any sum or produce in excess of the amount due as an arrear of rent or sayar; or
(ii) Charges interest on an arrear of rentg at a rate exceeding that allowed by this Act; or
(iii) infringes the provisions of section 34 or collects any sum by way of premium or cess which is irrecoverable under the provisions of sections 34 and 35; or
(iv) collects any rent of which payment has been remitted in accordance with the provisions of this Act, or before the expiry of the period of suspension, collects any rent of which payment has been suspended in accordance with the provisions of this Act; or
(v) without any reasonable cause credits a payment made towards rent or sayar oth
(1) When in any suit for arrears of rent the court finds that the landholder other than the State Government has without reasonable cause refused or neglected to deliver to the tenant a receipt, or retain a counterfoil, in the manner prescribed by section 135, it may award to the tenant such compensation, not exceeding double the amount or value of the rent paid, as it may decree.
(2) If any person habitually refuses or neglects to give receipts in accordance with the provisions of section 135, he shall, on conviction by a criminal court be liable to fine not exceeding two hundred rupees.
(1) No suit or other legal proceeding shall lie against the State Government for anything done or intended to be done under any provisions of this act or of any rule made thereunder.
(2) No suit or other proceeding shall lie against any person for anything in good faith done or purporting to be done under this Act any rule made thereunder.
All rates, costs, interests, charges, fees, fines, penalties, compersation, and other moneys payable to the State Government under this Act or the rules made thereunder shall, unless otherwise provided for specifically, be recoverable as arrears of land revenue.
(1) Save as otherwise provided specifically by or under this Act, no suit or proceeding shall lie in any civil court with respect or any matter arising under this Act or the rule made thereunder, for which a remedy by way of suit, application, appeal or otherwise is provided therein.
(2) Save as aforesaid no order passed by the State Government or by any revenue court or officer in exercise of the powers conferred by this Act or the rules made thereunder shall be liable to be questioned in any civil court.
(1) The State Government may by notification in the 1[Official Gazette] make rules for the purpose of carrying into effect the provisions of this Act.
(2) in particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely;
(i) the fees payable under this Act;
(ii) 2[***]
(iii) the attestation of leases, counterparts and agreements;
(iv) 2[***]
(v) any matter which under any provisions of this Act, is required to be or may be, prescribed, or for which, by any such provision, rules are required to be, or may be, made by the State Government.
&n
(1) The Board may with the previous sanction of the State Government and by notification in the 8[Official Gazette] make rules consistent with this Act and with the rules made under Section 257.
(2) In particular and without prejudice to the generality of the forgoing power, such rules may provide:
(i) for the guidance of officers in the determination, enhancement, abatement and commutation of rent;
(ii) for the guidance of officers deciding suits and applications under this Act;
(iii) as to the procedure to be followed in suits and applications under this Act;
(iv) as to the transfer of cases by revenue courts;
(v) as to the persons before whom and the mode in
(1) All rules made under Section 257 and Section 258, shall be subject to the condition of previous publication, and the date to be specified under clause (3) of section 23 of the General Clauses Act, 1897 (Central Act X of 1897), shall not be less than one month from date on which the draft of the proposed rules is finally published.
1[Provided that any rules under Section 257 may be made without previous publication if the State Government considers that it should be brought into force at once.]
(2) All rules made under this Act shall be laid for not less than fourteen days before the State-Legislature as soon as possible after they are made.
______________________
1. Added wide Sec.2 of the Raj. Act No. 5 of 1975; published in Raj. Gaz. Ex-ordy.
1[Nothing in this Act or in the rules made under this Act shall in anyway affect the provisions of the Rajasthan Bhoodan Yagna Act, 1954 (Rajasthan Act XVI 1954) and the rules made thereunder or anything done or deemed to have been done under or in pursuance of those provisions.]
______________________
1. Inserted and shall be deemed always to have been inserted by Section 53 of Rajasthan Act No. 27 of 1956, published in Rajasthan Gazette, Part IV-A, Extra ordinary dated 22.9.1956.
FIRST SCHEDULE
[See Section 3(1)]
List of Enactments Repealed
S. No. Short title of the enactment Extent of Repeal
]. The Bundi State Tenancy Act. The whole.
2 The Bikaner Tenancy Act, 1945 The whole.
3. The Marwar Tenancy Act, 1949 The Whole.
4 The Jaipur Tenancy Act, 1945 The Whole.
5. The Jaipur State Land Tenures Act, 1947 The whole except provision relating to survery, record and settlement operations.
6 The Rajasthan Removal of Tr
Schedule 1 of the Rajasthan Tenancy Act, 1955, primarily enumerates the classes of landholders, tenants, and categories of land rights recognized under the Act. It provides the legal framework for identifying various types of tenancy rights, land classifications, and the scope of land reforms implemented in Rajasthan. This schedule is integral to understanding the classification of land and the rights conferred upon different categories of landholders, especially in the context of land reforms, tenancy protections, and land ceiling laws.
Schedule 1 delineates the various classes of landholders, tenants, and land rights, including:- Khatedar tenants (Section 15 and 15-AAA)- Gair Mauroosi tenants- Sub-tenants and their rights- Land belonging to Scheduled Castes, Scheduled Tribes, and other categories- Specific provisions regarding land in Rajasthan Canal Area, Jagir lands, Muafi lands, and other land categories- Rules regarding transfer, inheritance, and alienation of tenancy rights- The scope of rights of tenants of different classes, including protected tenants, hereditary tenants, and temporary cultivators
It essentially provides the detailed classification that underpins the substantive provisions of the Act and guides the interpretation of land rights.
Note: The annotations are based on the provided sources, emphasizing the interpretative and procedural aspects of Schedule 1 in the Rajasthan Tenancy Act, 1955, and its role in land classification, rights, and land reform laws.
SECOND SCHEDULE
Tenures of Jagir Land [See clause (22) of section S]
1. Jagir 2 Istamrar 3. Chakoti
4. Tankha 5. Suba 6. Manila
7. Inam 8. Lalji 9. Kangi
10. Aloofa 11. Thikanas of Dholpur State 12. Khidmat
13. Khanpan 14. Jaidad Sigha 15. Muafi
16. Tankedar 17. Bhoom 18. Salami
19. Charkrana 20. Petroti 21. Rajvi
22. Tazimi 23. Bhogta 24. Mustadi
25.. Hazuri 26. Sansan 27. Khawas Paswan
28. Risala 29. Merzidan 30. Patte
&nbs
THIRD SCHEDULE
Suits, Applications and Appeal under the Act
(See--Sections 207, 214, 215 and 217)
Note :- 2[References] in this Schedule to the Court fees Act shall be deemed to be 2[references] to the Court Fees Act, 1870 of the Central Legislature as adapted to Rajasthan.
S. No Section of Act Description of suit, application or appeal Period of limitation Time from period begins to run Proper Court Fees Court/ Officer Competent to dispose of
1 2 3 4 5 6 7
PART-SUITS
1. 32 Suit for obtaining lease or counterpart none None 13[One Rupee] Assistant Collector
2. 2[***]
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FOURTH SCHEDULE
Application of the Code of Civil Procedure, 1908
(See Section 208)
LIST I
Sections and Order of the Code of Civil Procedure, 1908, which do not apply to suits or proceedings under this Act
Section 9
Section 24.
*[Section 55 to 59 inclusive]
Section 68 to 72 inclusive
Section 88
Sections 113,114 and 115
*[Order XXI rule 37, 38, 39 and 40]
Order XXII, rule 8
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