CHOTA NAGPUR TENANCY ACT, 1908

CHOTA NAGPUR TENANCY ACT, 1908

S.1 Short title and extent.

S.2 Repeal.-

S.3 Definitions.-

S.4 Classes of tenants

S.5 Meaning of "tenure-holder"

S.6 Meaning of "raiyat"

S.7 Meaning of "raiyat having khunt-katti rights"

S.8 Meaning of "Mundari Khunt-kattidar"

S.9 Tenure-holder when not liable to enhancement of rent

S.9(a) Enhancement of rent of tenure-holder or village headman

S.10 Certain bhuinhars not liable to enhancement of rent

S.11 Registration of certain transfers of tenures

S.12 Procedure on refusal of landlord to allow registration of transfer of tenure

S.13 Division of tenure or distribution of rent

S.14 Annulment of encumbrances on resumption of resumable tenure

S.15 Saving of rights of landlord

S.16 Continuance of existing occupancy rights

S.17 Definition of "settled raiyat."

S.18 Bhuinhars and Mundari Khunt-Kattidars to be settled raiyats in certain cases

S.19 Settled raiyats to have occupancy rights

S.20 Effect of acquisition of occupancy- right by landlord

S.21 Rights of occupancy raiyat in respect of use of land

S.21(a) Rights of occupancy-raiyat in trees

S.22 Protection of occupancy-raiyat from eviction except on specified grounds

S.23 Devolution of occupancy-right on death

S.23(a) Registration of certain transfers of occupancy holdings

S.24 Obligation of occupancy-raiyat to pay rent

S.24(a) Division of holding by partition and distribution of rent thereof

S.25 Presumption that rent of occupancy raiyat is fair and equitable

S.26 Confirmation of rents enhanced prior to commencement of this Act

S.27 Methods in which rent of occupancy-raiyat may be enhanced

S.28 Contents of application to Deputy Commissioner for enhancement

S.29 Procedure on receipt of such application

S.30 Power to direct gradual enhancement

S.31 Application for increase of rent in respect of land held in excess of the area for which rent was previously paid

S.32 Procedure on receipt of such application

S.33 Savings

S.33(a) Reduction of rent

S.34 Application to Deputy Commissioner for reduction of rent

S.35 Procedure on receipt of such application

S.36 Bar to further enhancement or reduction of rent where there is no record-of-rights

S.37 Incidents of tenancy of raiyat having khunt-katti rights

S.38 Initial rent and lease of non-occupancy-raiyat

S.39 Effect of acquisition by landlord of the right of a non-occupancy-raiyat in his holding

S.40 Conditions of enhancement of rent of non-occupancy-raiyat

S.41 Grounds on which non-occupancy-raiyat may be ejected

S.42 Conditions of ejectment on ground of refusal to agree to pay a fair and equitable rent

S.44 Raiyat entitled to a lease

S.45 Landlord entitled to counterpart engagement

S.46 Restrictions on transfer of their rights by raiyats

S.47 Restrictions on sale of raiyat's right under order of Court

S.48 Restrictions on the transfer of Bhuinhari tenure

S.48(a) Restrictions on the sale of Bhuinhari tenure

S.49 Transfer of occupancy holding or Bhuinhari tenure for certain purposes

S.50 Acquisition of tenure or holding by landlord for certain purposes

S.51 Tenant not liable to transferee of landlord's interest for rent paid to former landlord, without notice of the transfer

S.51(a) Presumptions as to fixity of rent

S.52 Instalments

S.53 Methods of payment of rent

S.54 Receipt for rent and interest thereon

S.55 Deposit of rent in the Court of Deputy Commissioner

S.56 Procedure on receipt of deposit and payment of same

S.57 Limitation of suit or application for rent due prior to deposit

S.58 What to be deemed arrear of rent; interest on arrears

S.59 Ejectment of tenure-holder and cancellation of lease for arrears

S.60 Arrear of rent to be first charge on tenancy

S.61 Commutation of rent payable in kind

S.61(a) Commutation of rents of occupancy holding

S.62 Period for which commuted rents are to remain unaltered

S.63 Penalty on landlord for levying anything in excess of rent including local cess or of lawful praedial conditions

S.63(a) Settlement of waste lands to be made by patta

S.63(b) Settlement liable to be set aside

S.64 Conversion of land into korkar with Deputy Commissioner's permission

S.65 Power to eject cultivator or leave him in possession

S.66 Prohibition against conversion of certain land into korkan

S.67 Right of occupancy in korkar

S.67(a) Assessment of rent on land converted into korkar

S.68 Tenant not to be ejected of except in execution of decree or order

S.69 Relief against forfeitures

S.70 Decree or order for ejectment when to take effect

S.71 Power to replace in possession tenant unlawfully ejected

S.71(a) Power to restore possession to member of the Scheduled Tribes over land unlawfully transferred

S.71(b) Penalties

S.72 Surrender of land by raiyat

S.73 Abandonment of land by raiyat

S.74 Effect of lease purporting to admit to occupation after occupation has commenced

S.74(a) Determination of person to be village headman when tenancy is vacant

S.75 Measurements of land

S.76 Saving of custom

S.77 Saving as to service tenures and holding

S.78 Homesteads

S.79 Restrictions on exclusion of Act by agreement

S.79(a) Restriction on payment of certain kinds of rent by agreement

S.79(b) Restriction on the share of the produce rent payable to a landlord by agreement

S.80 Power to order survey and preparation of record-of- rights

S.81 Particulars to be recorded

S.82 Power to order survey and preparation of record-of-rights as to water

S.83 Preliminary publication, amendment and final publication of record- of-rights

S.84 Presumptions as to final publication and correctness of record of rights

S.85 Settlement of fair rent

S.86 Decision of issues arising during course of settlement of rents

S.87 Institution of suits before Revenue-officer

S.87(a) Under-tenant to be made party in certain proceedings and suits

S.88 Entry in record-of-rights of rents settled and decisions made

S.89 Revision by Revenue-officer

S.90 Correction by Deputy Commissioner or Revenue-officer of mistake in record-of-rights

S.91 Stay of certain proceedings before Deputy Commissioner or Civil Court when order made for preparation of record-of-rights

S.92 Bar to jurisdiction of Courts in matters relating to record-of-rights

S.93 Stay of certain proceedings before Deputy Commissioner or Civil Court when record-of-rights finally published

S.94 Period for which rents entered in the record-of-rights are to remain unaltered

S.95 Expenses of proceedings under this Chapter

S.96 Power of Revenue-officer to give effect to agreement or compromise

S.97 Date from which settled rent takes effect

S.98 Revision of record-of-rights, and new settlement of rents, under orders of State Government

S.99 Enhancement of rent where application under section 98 is rejected

S.100 Validation of directions given, before the commencement of this Act for the record of certain rights

S.100(a) Application of certain provisions to rights of pasturage, to take forest produce, etc., and to payment in respect thereof

S.101 Prohibition against new praedial conditions

S.102 Liability of tenant when original conditions of tenancy cannot be ascertained

S.103 Method of calculating present value of praedial condition

S.104 Procedure in suit for rent and value of praedial conditions

S.105 Voluntary commutation of praedial conditions

S.106 Power to order record of praedial conditions, with or without commutation

S.107 Preparation of record

S.108 Publication of record

S.109 Appeal from orders of Revenue-officers

S.110 Revision by Commissioner or Board

S.111 Procedure where a survey and record-of-rights are being made

S.112 Note of decisions in record-of-rights

S.113 Decision of questions as to whether a payment in kind is praedial condition or a payment of rent in kind

S.114 Commencement and effect of commutation

S.115 Expenses of voluntary commutation

S.116 Expenses of record and compulsory commutation

S.117 Saving of right to claim reduction or enhancement of rent

S.118 Definition of "landlord's privileged lands"

S.119 Power to direct a survey and record of landlord's privileged lands

S.120 Application of certain sections

S.121 Power to record landlords; privileged lands on application of landlord or tenant

S.122 Procedure in inquiries

S.123 Presumption that lands are not landlord's privileged lands

S.124 No land in certain villages to be recorded as landlord's privileged lands

S.125 Exclusion of unrecorded lands from category of landlord's privileged lands

S.126 Appeal

S.127 Record-of-rights and obligations of raiyats having khunt-katti rights, village headmen and other classes of tenants

S.128 Application of certain sections

S.129 Notice of entries to interested persons

S.130 Suits to decide disputes as entries in, or omission from, record

S.131 Note of final decisions in record

S.132 Evidential value of entries

S.133 Revenue-officer to have regard to origin and nature of tenancy and status of tenants

S.134 Exclusion of unrecorded lands from category of Khunt-katti lands

S.135 Place for holding Deputy Commissioner's Court

S.136 Office for instituting suits and making applications

S.137 Withdrawal of suits

S.138 Jurisdiction where land is situated in more than one district or subdivision

S.139 Certain suits and applications cognizable only by the Deputy Commissioner

S.139(a) Exclusive Jurisdiction of Deputy Commissioner in certain cases

S.140 Collective suits or application

S.141 Order or decree in collective suit or on collective application to specify how far it effects each tenant

S.142 Suit by co-sharer landlord for rent

S.143 Institution of suits by presentation of statement of claim

S.144 Additional particulars required in statement of claim in certain suits and in certain application

S.145 Substitution of copies or extracts for original documents admitted in evidence

S.146 Statement of claim by whom to be presented

S.147 Signature and verification of statement of claim

S.148 Production of documents by plaintiff

S.149 Production of documents by defendant

S.150 Return or amendment of statement of claim

S.151 Issue of summons to defendant

S.152 Attendance of defendant personally or by agent

S.153 Production of documents and witnesses

S.154 Deposit of cost of serving summons

S.155 Procedure when neither party appears

S.156 Procedure when only the defendant appears

S.157 Procedure when only the plaintiff appears

S.158 Production of documents by defendant

S.159 Hearing of defendant on day to which case is postponed

S.160 Exemption of women from personal attendance

S.161 Employment of agents

S.162 Power to grant time or adjourn hearing

S.163 Examination and cross-examination of parties or their agents and of witnesses, written statement by defendant

S.164 Conduct and record of examination

S.165 Power to direct attendance of party whose agent cannot answer material question

S.166 Decree when to be made

S.167 Power to postpone trial to take further evidence

S.168 Production of witnesses

S.169 Procedure when neither party appears on day fixed for final hearing of suit

S.170 Judgment

S.171 Local inquiries

S.172 Payment into Court by defendant, after tender to plaintiff

S.173 Payment into Court by defendant, without prior tender to plaintiff

S.174 Prohibition of interest on sums paid into Court

S.175 Power to award damages to plaintiff in rent-suit

S.176 Power to award compensation to defendant in rent- suit

S.177 Procedure where third party claims right to receive rent

S.178 Suit for ejectment of non-occupancy raiyat-- cancelment of lease of any tenant for arrear of rent

S.178(a) Non-occupancy raiyat entitled to appropriate produce from the holding grown before the delivery of possession

S.179 Power of Deputy Commissioner to grant lease to raiyat in default of landlord

S.180 Procedure where tenant fails to deliver counterpart engagement to landlord

S.181 Limitation of time for application for execution

S.181(a) Application for execution by assignee of rent-decree

S.182 Decree and orders by what Court to be executed

S.183 Form of application for execution

S.184 Issue of process of execution

S.185 Form of warrant of execution against person or movable property

S.186 Exemption from attachment and sale

S.186(a) Restrictions on the execution of decree

S.187 Indication of movable property to be seized

S.188 Duration of warrant of execution

S.189 Second and successive warrants of execution

S.190 Notice when to be given before issue of warrant of execution

S.191 Procedure when judgment debtor is arrested

S.192 Further proceeding after discharge from jail

S.193 Diet-money for subsistence of prisoners

S.194 Execution of decree or order for ejectment or reinstatement of cultivator

S.195 Execution of decree or order for cancelment of lease, for ejectment or for reinstatement of tenant not being an actual cultivator

S.196 Execution of decree or rent given in favour of sharer in undivided estate or tenure

S.197 Execution of rent decree obtained by a co-sharer landlord

S.198 Execution against immovable property in certain cases, if judgment not satisfied

S.199 Notification of intended sale of movable property, and custody of property

S.200 Interval between seizure and sale

S.201 Place and manner of sale

S.202 Prohibition of purchase by officers

S.203 Postponement of sale if fair price be not offered

S.204 Payment of purchase-money and delivery of property to purchaser

S.205 Application of proceeds of sale

S.206 Procedure where third party claims interest in property seized

S.207 Irregularities not to vitiate sale

S.208 Sale of tenure or holding in execution of decree for arrears of rent

S.208(a) Distribution of rent of holding a portion of which is sold in execution of decree for arrears of rent

S.208(b) Procedure to be followed in bringing to sale tenure or holding or portion thereof in execution of rent decree

S.208(c) Certificate and possession to be given to purchaser on payment in full

S.208(d) Purchaser to acquire the tenure or holding with certain exception free of incumbrances

S.209 Disposal of proceeds of sale under section 208

S.210 Sale of other property in execution of decree for arrears of rent of tenure or holding

S.211 Procedure where third party claims to be in lawful possession of tenure or holding

S.212 Application to set aside sale of immovable property on deposit of debt and compensation to purchaser

S.213 Application to set aside sale of immovable property on ground of irregularity or fraud

S.213(a) Sale in execution deemed set aside when rent decree set aside and restoration of status quo ante

S.214 Grounds on which suit or application to set aside sale may be brought

S.214(a) Sale of portion of holding

S.215 Appeals from orders of Deputy Commissioner

S.216 Limitation of appeals under section 215

S.217 Bar to further appeals, with proviso for revision by Board or Commissioner

S.218 Appeal in certain suits

S.219 Appeal to Deputy Commissioner when to be presented

S.220 Appeal when to be heard

S.221 Re-admission of appeal

S.222 Re-bearing of appeal on application of respondent against whom ex -parte decree passed

S.224 Appeal to Judicial Commissioner or High Court

S.225 Hearing of appeals by Judicial Commissioner instead of by Deputy Commissioner

S.226 Limitation of appeal to Judicial Commissioner or High Court

S.227 Power to set aside judgment or order passed ex parte by default

S.228 Order to set aside judgment final, but rejection of application to set aside appealable

S.229 Application of Rule 22 of Order XLI of the First Schedule to the Code of Civil Procedure

S.229(a) Recovery of arrears of rent under the certificate procedure in certain cases

S.230 Application of the Indian Limitation Act, 1908

S.230(a) Special rule of limitation in certain applications and suits before a Revenue-Officer

S.231 General rule of limitation

S.232 Limitation of suits and applications for grant of lease etc.

S.233 Limitation of certain suits for ejectment

S.234 Limitation of suits and applications for arrears of rent

S.235 Successive suits or applications for recovery of rent

S.236 Limitation of suits against agents for money, accounts or papers

S.237 Limitation of application for recovery of possession of holding

S.238 Limitation of suits or applications by village headmen for recovery of possession

S.239 Application of preceding sections to Mundari Khunt-kattidari tenancies

S.240 Restrictions on transfer of Mundari Khunt-kattidari tenancies

S.241 Transfer for certain purposes

S.242 Ejectment of persons unlawfully obtaining possession of such tenancies

S.243 Enhancement of rent

S.244 Recovery of arrears of rent under the certificate procedure where there is a record of rights

S.245 Reference of question of title to Civil Court

S.246 Recovery of arrear of rent by suit where there is no record-of-rights

S.247 Joinder of parties in proceedings under section 244 or 246

S.248 Recovery of money due to the Government or rent due to a landlord

S.249 Recovery of contributions from co-sharer tenants

S.250 Entry of Mundari-khunt-kattidari tenancies in record of rights

S.251 Bar to suits under section 87

S.252 Decisions of Disputes regarding entries or omissions in record-of- rights

S.253 Appeal against such decisions

S.254 Entry of decision in record-of-rights

S.255 In preparing record-of-rights, judgments, etc., in suits not to be taken as evidence that tenancies are not Mundari-khunt-kattidari tenancies

S.256 Record-of-rights to be conclusive evidence on the question whether a tenancy is a Mundari-khunt-kattidari tenancy

S.257 Joint landlords

S.258 Bar to suits in certain cases

S.259 Mode of service

S.260 Authentication and payment of costs

S.261 Costs in suits and applications

S.262 Deposit of cost of proceedings to be incurred by the Government

S.263 Production of witnesses and documents

S.264 Power to make rules to carry out objects of Act

S.265 Power to make rules as to procedure, on application of the Code of Civil Procedure

S.266 Publication of rules in draft

S.267 Publication and effect of rules and notification

S.268 Recovery of dues

S.269 Transfer of cases from one Revenue-officer to another

S.270 Control over Deputy Commissioners and Deputy Collectors

S.271 Saving of special enactments

Sch.A Schedule

Sch.B Schedule

SupremeToday Portrait Ad

Enter the Future of Legal Excellence with SupremeToday AI

Elevate your legal practice with advanced AI-driven research and drafting solutions. Experience unmatched efficiency, precision, and security, tailored exclusively for legal professionals.

experience-legal

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

Scan Me!

India’s Legal research and Law Firm App, Download now!

App_Store_Badge

Google_Play_Store

For Daily Legal Updates, Join us on :