RAJASTHAN TENANCY ACT 1955

RAJASTHAN TENANCY ACT 1955

S.1 Short title, extent and commencement

S.2 Omitted

S.3 Repeal

S.4 Omitted

S.5 Definitions

S.6 Possessors of rights, etc. include their predecessors and Successors

S.7 Applicability of the Act to State Government

S.8 Power to act through agent

S.9 Khudkasht right

S.10 Succession and transfer

S.11 Restriction on letting of Khudkasht

S.12 Extinction of Khudkasht right

S.13 Khatedari rights upon resumption or abolition

S.14 Classes of tenants

S.15 Khatedar tenants

S.15(a) Khatedari rights not to accrue in Indira Gandhi Canal Area

S.15(a)(a) Non-accrual of Khatedari rights in Chambal Project Area in certain cases

S.15(a)(a)(a) Accrual of Khatedari Rights in the Indira Gandhi Canal area

S.15(b) Khatedar tenants in Abu, Ajmer & Sunel areas

S.16 Land in which Khatedari rights shall not accrue

S.16(a) Tenants of Khudkasht

S.17 Gair Khatedari tenant

S.17(a) Maliks

S.18 Omitted

S.19 Conferment of rights on certain tenants of khudkasht and sub-tenants

S.20 Submission of claims for compensation

S.21 Omitted

S.22 Omitted

S.23 Compensation for Khatedari Rights

S.24 Compensation for Rights in improvements

S.25 Computation of share of compensation in lieu of nalbat

S.26 Composition of Compensation

S.27 Mode of Payment of Compensation

S.28 Omitted

S.29 Omitted

S.30 Special provision for payment of compensation in certain specific case

S.30(a) Savings and disposal of pending applications

S.30(b) to 30(j) [Repealed]

S.31 Rights to residential house

S.32 Right to written lease and counterparts

S.33 Attestation of leases in lieu of Registration

S.34 Prohibition of premium or Forced Labour

S.35 Prohibition of payment other than rent

S.36 Use of materials

S.36(a) Acquisition of right to nalbat

S.37 Bar to seizure, attachment and sale by process of Court

S.38 Interest of tenants

S.39 Bequest

S.40 Succession to tenants

S.41 Transferability of Khatedar’s interest

S.42 General restrictions on sale, gift & bequest

S.42(a) Omitted

S.42(b) Declaration as valid of sale, gift and bequest

S.43 Mortgage

S.43(a) Provisions in relation to mortgages of agricultural holding effected before the commencement of the Act

S.44 Rights to let or sub-let

S.45 Restrictions on letting and sub-letting

S.46 Letting or sub-letting in exceptional cases

S.46(a) Special provision for letting or sub-letting by members of scheduled castes and scheduled tribes

S.47 Successor bound by sub-lease

S.47(a) Provision in relation to certain transfers in the Abu, Ajmer and Sunel areas

S.48 Exchange of land

S.49 Exchange for consolidation

S.49(a) Special provision for exchange by members of scheduled castes or scheduled tribes

S.50 Right of tenants on exchange

S.51 Right in lands allotted in exchange for other lands

S.52 Entry of exchange in record of rights

S.53 Omitted

S.54 Omitted

S.54(a) Omitted

S.55 Surrender

S.56 Notice to landholder

S.57 Surrender on enhancement

S.58 Suit to set aside surrender

S.59 Taking possession of surrendered holding

S.60 Abandonment

S.61 Procedure before taking possession of a holding treated as abandoned

S.62 Rights of tenants presumed to have abandoned their holding

S.63 Tenancy when extinguished

S.64 Vacation on extinction

S.65 Right of Government to make improvements

S.66 Right of Khatedar Tenants to make improvements

S.67 Right of landholders to make improvements

S.68 When permission may be granted or refused by Tehsildar

S.69 Provision when both landholder and tenant want to make the same improvement

S.70 Right of other tenants to make improvements

S.71 Restriction on making an improvement

S.72 Liability for full rent

S.73 Compensation for loss

S.74 Compensation for improvement

S.75 Amount of compensation

S.76 Work benefiting other lands

S.77 Registration of outlay or improvement

S.78 Disputes as regards improvements

S.79 Tenant’s rights to plant trees

S.79(a) Tenant’s right to plant trees on Government land along side public roads

S.80 Tenant’s right in trees existing at the commencement of this Act

S.81 Trees on unoccupied land

S.82 Trees not transferable independently of land

S.83 Trees not removable except as provided

S.84 When and by whom trees may be removed

S.85 Disputes regarding trees

S.86 Penalties for unlawful removal

S.87 Omitted

S.88 Suits for declaration of right

S.89 Suit as to class of tenancy etc.

S.90 Suit for declaration of land as Khudkasht

S.91 Suit for declaration of other rights

S.92 Single suit in respect of several holdings

S.92(a) Suit for injunction

S.93 Liability for payment of rent

S.94 Initial rent

S.95 Presumption as to rent

S.96 Maximum cash rent recoverable by Government

S.97 Authority to prescribe maximum cash rents

S.98 Maximum rent where land revenue is settled

S.99 Maximum rent in areas where rent has been settled

S.100 Higher maximum in certain cases

S.101 Maximum not to operate for increase over present rate of rent

S.101(a) Provisions as to the maximum not to apply to lands under fruit trees on unsettled lands

S.102 Recovery of amount realised in excess

S.103 Conversion of kind rents in to cash rents in certain cases

S.104 Maximum rate of rent in kind

S.105 Higher rate of kind rate where landholder contributes to production

S.106 Rent how calculated

S.107 Determination of rent-rates in certain circumstances

S.108 Duration of rent-rates

S.109 Additional Powers of Rent-Rate Officer

S.110 Formation of circles and soil classification

S.111 Basis of rates

S.112 Applicability of proposed rates with or without modification

S.113 Provisions for rates in special cases

S.114 Procedure in publishing and sanctioning rent-rates

S.115 Fixation of rent

S.116 Determination of rent on partial ejectment or surrender

S.117 Disputes as to rent in certain cases

S.118 Commutation of rent

S.119 Period of currency and rent

S.120 Method of varying rent

S.121 Grounds for enhancement of rent

S.122 Limits of enhancement

S.123 Tenant’s plea in enhancement suit or application

S.124 Grounds for abatement of rent

S.125 Enhancement or abatement when to take effect

S.126 Remission or suspension of rent in agricultural calamities

S.127 Period of suspension to be excluded in computing period of limitation

S.128 Non-recovery of rent remitted or suspended

S.129 Revision of rent in emergencies

S.130 Hypothecation of produce towards payment of Rent

S.131 Presumption as to payment by tenant

S.132 Application of rent payment

S.133 Rent how payable

S.134 Presumption as to money order acknowledgment

S.135 Right of tenant to receipt

S.136 Particular of receipts

S.137 Obligation of Government to print and supply book of receipts

S.138 Right of tenant to statement of account

S.139 Deposit of rent in the Court of Tehsildar

S.140 Disposal of deposit by Tehsildar

S.141 Deposit of rent in court during pendency of suit

S.142 Bars of Suits

S.143 Section 139 to 142 when inapplicable

S.144 Right and liabilities in respect of produce

S.145 Rent in kind to be recoverable by actual division of the produce

S.146 No cartage allowed

S.147 Collector to publish return of current prices

S.148 Application for officer to make division, estimate or appraisement

S.149 Procedure on such application

S.150 Suit for appears of produce rent

S.151 Instalments how fixed

S.152 Rent when in arrear

S.153 Prohibition of arrest or detention for arrears

S.154 Method of recovering arrears

S.155 Suit against co-tenant

S.156 Joinder for arrears

S.157 Remission for calamity by court decreeing claim for arrears

S.158 Recovery for arrears of irrigation dues

S.159 Suit of certain arrears as arrears of land revenue

S.160 Recovery of arrears in the case of general refusal to pay

S.161 Ejectment to be in accordance with the Act

S.162 Arrear demand satisfied upon ejectment

S.163 Omitted

S.164 Compensation for improvement on ejectment

S.165 Payment of compensation

S.166 Right to crops and trees when ejectment takes effect

S.167 Contents and service of notice

S.168 Immunity from ejectment from residential houses

S.169 Issue of notice for payment of arrears and for ejectment in default

S.170 Procedure after issue of notice

S.171 Consequences and cancellation of order passed under section 170

S.172 Tenants claim for Compensation on appearance

S.173 Bar to suits and applications in certain cases

S.174 Ejectment in execution of decree for arrears of rent

S.175 Ejectment for illegal transfer or sub-letting

S.176 Decree or order under section 175

S.177 Ejectment for detrimental act or breach of condition

S.178 Decree or Order under section 177

S.179 Suit for compensation, etc.

S.180 Additional provisions for ejectment of khudkasht or Gair-khatedar tenants or sub-tenants

S.181 Application and notice

S.182 Procedure subsequent to the issue of notice

S.182(a) Limit of the time for certain application under Sec. 180

S.182(b) Restoration of land not brought under personal cultivation

S.183 Ejectment of certain trespasser

S.183(a) Summary eviction of mortgagee on non-delivery of possession of land after the expiry of the period of mortgage

S.183(b) Summary ejectment of trespasser of the land held by a member of a scheduled caste or a scheduled tribe

S.183(c) Punishment for trespass in certain cases

S.184 .

S.185 Mode of Execution of decree or order

S.186 Omitted

S.187 Remedies for wrongful ejectment

S.187(a) Availability of the provisions of section 187 to certain aggrieved tenants

S.187(b) Summary suit for reinstatement based on possession

S.188 Injunction against wrongful ejectment

S.189 Liability of grants at favourable rate of rent to enhancement

S.189(a) Devolution and transfer of interest of grantees at favourable rates and other rights

S.189(b) Extinction of interest of grantees at favourable rates

S.190 Rights and liabilities of a village servant

S.191 Ejectment of a village servant

S.192 Power to place village servant or his successor in possession

S.193 Disposal of land when services are not longer required

S.194 Rights and liabilities of groveholders

S.195 Rights to make improvement

S.196 Devolution and transfer of interest

S.197 Provisions as to rent

S.198 Ejectment

S.198(a) Application of Chapters VIII, XV and XVI

S.199 Rights exercisable by an Ijaradar or Thekadar

S.200 Restrictions on the transfer or succession of Ijara or Theka

S.201 Grounds of ejectment

S.202 How to proceeds for ejectment

S.203 Remedy for wrongful ejectment

S.204 Surrender

S.205 Provision for holding over

S.206 Provision for pending cases, etc.

S.207 Suits and applications cognizable by revenue court only

S.208 Application of Civil Procedure Code

S.209 Granting any relief to which plaintiff is entitled

S.210 Procedure when plea of payment in good faith to a third person is taken

S.211 Suits etc. by co-sharers

S.212 Provision for injunction and appointment of a receiver

S.213 Sale of Khatedar tenant’s interest in execution of decree of arrears of rent

S.214 Limitation in cases under this Act

S.215 Court fee payable

S.216 Place of sitting of revenue courts

S.217 Ordinary powers of different grades of revenue courts

S.218 Inherent powers of revenue courts

S.219 Additional Powers of revenue courts

S.220 Courts in which proceedings to be instituted

S.221 Subordination of revenue courts

S.222 Appeal not to lie unless allowed by this Act

S.223 Appeals from original decrees

S.224 Appeals from appellate decrees

S.225 Appeal from orders

S.226 Power of Board to reject an appeal summarily

S.227 No decree or order to be reversed or modified for error or irregularity

S.228 Limitation for appeals

S.229 Power of review by Board and other revenue courts

S.230 Power of the Board to call for cases

S.231 Powers to High Court to call for cases

S.232 Power to call for record and refer to the Board

S.233 Transfer of Cases by Revenue Board

S.234 Omitted

S.235 Transfer and withdrawal of Cases by Collector and Sub-Divisional Officer

S.236 Omitted

S.237 Transfer of cases by Collector or Sub-Divisional Officer

S.238 Transfer of revenue appeals by High Court

S.239 Procedure when plea of proprietary right raised

S.240 Limitation and court fee for appeal under section 239

S.241 Procedure in appeals when material for determining question of proprietary right not on record

S.242 Procedure when plea of tenancy rights raised in Civil Courts

S.243 Power to refer question of jurisdiction to High Court

S.244 Plea in appeal that suit was instituted in wrong Court

S.245 Procedure when objection was taken in the court of first instance

S.246 Arrears of revenue, profit etc.

S.247 Suit for arrears of revenue paid

S.248 Suit by or against Ijaredars or Thekadars

S.249 Suit for settlement of accounts

S.250 Joinder of parties in certain cases

S.251 Rights of way and other private easement

S.252 Tenant entitled to compensation for illegal exactions

S.253 Failure to give receipt

S.254 Protection of action taken under Act

S.255 Recovery of costs, etc.

S.256 Bar to jurisdiction of Civil courts

S.257 Power of Government to make rules

S.258 Power of Board to make rules

S.259 Rule subject to the condition of previous publication

S.260 Saving

Sch.1 FIRST SCHEDULE

Sch.2 SECOND SCHEDULE

Sch.3 THIRD SCHEDULE

Sch.4 FOURTH SCHEDULE

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