BENGAL TENANCY ACT, 1885
(1) This Act may be called the Bengal Tenancy Act, 1885.
(2) Commencement. - It shall come into force on such date (hereinafter called the commencement of this Act) as the State Government, with the previous sanction of the Central Government, may, by notification in the Official Gazette, appoint in this behalf.
(3) Local extent. - It extends by its own operation to the whole of West Bengal, except -
(i) Calcutta, that is to say, the area described in Schedule I to the Calcutta Municipal Act, 1923, but excluding the area added to Calcutta as defined in clause (1) of section 3 of that Act;
(ii) (a) the area added to Calcutta as defined in clause (1) of section 3 of the Calcutta Municipal Act, 1923, or any part thereof; and
(1) The enactments specified in Schedule I hereto annexed are repealed in the territories to which this Act extends by its own operation.
(2) Any enactment or document referring to any enactment hereby repealed shall be construed to refer to this Act or to the corresponding portion thereof.
(3) The repeal of any enactment by this Act shall not revive any right, privilege, matter or thing not in force or existing at the commencement of this Act.
In this Act, unless there is something repugnant in the subject or context,-
(1) "Agricultural year" means the Bengali year commencing on the first day of Baisakh :
Provided that where, immediately before the commencement of the Bengal Tenancy (Amendment) Act, 1928, any other year has prevailed for agricultural purposes that year shall continue to prevail for those purposes until the first day of Baisakh next following the date of the commencement of that Act;
(2) "Collector" means the Collector of a district or any other officer appointed by the State Government to discharge any of the functions of a Collector under this Act;
(3) "complete usufructuary mortgage" means a transfer by a tenant of the right of possession in any land for the purpose of
There shall be, for the purpose of this Act, the following classes of tenants, (namely):-
(1) tenure-holders, including under-tenure-holders,
(2) raiyats, and
(3) under-raiyats, that is to say, tenants holding whether immediately or mediately under-raiyats;
and the following classes of raiyats, namely :-
(a) raiyats holding at fixed rates, which expression means raiyats holding either at a rent fixed in perpetuity or at a rate of rent fixed in perpetuity,
(b) occupancy-raiyats, that is to say, raiyats having a right of occupancy in the land held by them, and
(c) non-occupancy-raiyats, that is to say, raiyats not havi
(1) "Tenure-holder" means primarily a person who has acquired from a proprietor or from another tenure-holder a right to hold land for the purpose of collecting rents or bringing it under cultivation by establishing tenants on it, and includes also the successors-in-interest of persons who have acquired such a right.
(2) "Raiyat" means primarily a person who has acquired a right to hold land for the purpose of cultivating it by himself, or by members of his family, or by servants or labourers, or with the aid of partners, and includes also the successors-in-interest of persons who have acquired such a right.
Explanation.-Where a tenant of land has the right to bring it under cultivation, he shall be deemed to have acquired a right to hold it for the purpose of cultivation, notwithstanding that he uses it for the purpose of gathering the
Where a tenure has been held from the time of the Permanent Settlement, its rent shall not be liable to enhancement except on proof-
(a) that the landlord under whom it is held is entitled to enhance the rent thereof either by local custom or by the conditions under which the tenure is held, or
(b) that the tenure-holder, by receiving reductions, of his rent, otherwise than on account of a diminution of the area of the tenure, has subjected himself to the payment affording it.
(1) Where the rent of a tenure-holder is liable to enhancement, it may, subject to any contract between the parties, be enhanced up to the limit of the customary rate payable by persons holding similar tenures in the vicinity.
(2) Where no such customary rate exists, it may, subject as aforesaid, be enhanced up to such limit as the Court thinks fair and equitable.
(3) In determining what is fair and equitable, the Court shall not leave to the tenure-holder as profit less than 10 per centum of the balance which remains after deducting from the gross rents payable to him the expenses of collecting them, and shall have regard to-
(a) the circumstances under which the tenure was created, for instance, whether the land comprised in the tenure, or a great portion of it, was first brought under culti
If it thinks that an immediate increase of rent would produce hardship, the Court may direct that the enhancement shall take effect gradually at such times and by such instalments extending over a period not exceeding ten years as the Court may fix in this behalf.
When the rent of a tenure-holder has been enhanced by the Court or by contract, it shall not be again enhanced by the Court during the fifteen years next following the date on which it has been so enhanced and for the purposes of this section, if an order for gradual enhancement of such rent has been made by a Court in accordance with the provisions of section 8, the full rent fixed by such order shall be deemed to have come into effect from the date of such order.
A holder of a permanent tenure shall not be ejected by his landlord except on the ground that he has broken a condition on breach of which he is, under the terms of a contract between him and his landlord, liable to be ejected:
Provided that where the contract is made after the commencement of this Act, the condition is consistent with the provisions of this Act.
Every permanent tenure shall, subject to the provisions of this Act, be capable of being transferred and bequeathed in the same manner and to the same extent as other immovable property.
(1) A transfer of a permanent tenure by sale, gift or mortgage (other than a transfer by sale in execution of a decree or by summary sale under any law relating to patni or other tenures) can be made only by a registered instrument.
(2) A registering officer shall not accept for registration any instrument purporting or operating to transfer by sale, gift or usufructuary mortgage a permanent tenure in favour of any person other than the sole landlord of such tenure unless there is paid to him, in addition to any fees payable under the Act for the time being in force for the registration of documents, a process-fee of the prescribed amount and there is filed in the prescribed manner with the instrument a notice of transfer in the prescribed form for service thereof on the landlord or his common agent, if any.
(3) When any such instrument
(1) When a permanent tenure is sold in execution of a decree other than a decree for arrears of rent due in respect thereof, or when a mortgage of a permanent tenure, other than an usufructuary mortgage thereof, is foreclosed, the Court shall, before confirming the sale under Rule 92 of Order XXI in Schedule I to the Code of Civil Procedure, 1908 or making a decree or order absolute for the foreclosure, require the purchaser or mortgagee to pay into Court such process fee as may be prescribed and also to file in the prescribed manner in the Court a notice of the sale or final foreclosure in the prescribed form for service thereof on the landlord or his common agent, if any.
(2) When the sale has been confirmed or the decree or order absolute for foreclosure has been made, the Court shall cause the notice referred to in sub-section (1) to be served on the landlord named in the notic
Repealed in Western Bengal by s. 2 of the Bengal Tenancy (Amendment) Act, 1907 (Ben. ACT I of 1907), and in Eastern Bengal by s. 2 of the Eastern Bengal and Assam Tenancy Amendment Act, 1908 (E. B. & A. Act I of 1908).
A person becoming entitled to a permanent tenure by succession shall not be entitled to recover by suit or other proceeding any rent payable to him as the holder of the tenure, until the duties imposed upon him by section 15 have been performed.
In sections 13, 15 and 16 the words "persons succeeding", "transferee" "purchaser", "mortgagee" and "person becoming entitled to a permanent tenure by succession" include the successors-in-interest of such persons, but do not include the landlord where he is the sole landlord.
Subject to the provisions of section 88, sections 12, 13, 15 16 and 16A shall apply to the transfer of, or succession to, a share in a permanent tenure.
(1) A raiyat holding at a rent, or rate of rent, fixed in perpetuity-.
(a) shall be subject to the same provisions with respect to the transfer of, and succession to, his holding as the holder of a permanent tenure;
(b) shall not be ejected by his landlord except on the ground that he has broken a condition consistent with the provisions of this Act, and on breach of which he is, under the terms of a contract between himself and his landlord, liable to be ejected;
(c) shall be deemed to be a settled raiyat of the village if he complies with the conditions set forth in section 20; and
(d) shall be entitled-
(i) to plant,
(ii) to enjoy the flowers, fruits and oth
Notwithstanding anything contained in section 13 of the Indian Evidence Act, 1872 nothing contained in any instrument of transfer to which the landlord is not a party shall be evidence against the landlord of the permanence, the amount or fixity of rent, the area, the transferability or any incident of any tenure or holding referred to in such instrument.
The acceptance by a landlord of the landlord’s fee payable under Chapter III or Chapter IV in respect of any tenure or holding shall not operate-
(a) as an admission of the permanence, the amount of fixity of rent, the area, the transferability or any incident of such tenure or holding, or
(b) as an express consent under section 88 to the division of such tenure or holding or to the distribution of the rent payable in respect thereof.
All landlord’s fees and landlord’s transfer fees deposited with the Collector before or after the commencement of the Bengal Tenancy (Amendment) Act, 1928, under Chapter III, IV or V, and all fees deposited with the Collector under sub-section (1) of section 48H, shall unless accepted or claimed by the landlord within five years from the date of service of notice, be forfeited to the Government.
(1) Every raiyat who, immediately before the commencement of the Bengal Tenancy (Amendment) Act, 1928, has, by the operation of any enactment by custom or otherwise, a right of occupancy in any land, shall, when that Act comes into force, have a right of occupancy in that land.
(2) The exclusion from the operation of this Act, by a notification under clause (ii), clause (iii) of sub-section (3) of section 1, of any area or part of any area referred to in those clauses shall not affect any right, obligation, or liability, previously acquired, incurred or accrued, in reference to such area or part thereof.
(1) Every person who for a period of twelve years, whether wholly or partly before or after the commencement of this Act, has continuously held as a raiyat land situate in any village, whether under a lease or otherwise, shall be deemed to have become, on the expiration of that period, a settled riayat of that village.
(1A) A person shall be deemed, for the purposes of this section, to have continuously held land in a village, notwithstanding that such village was defined, surveyed and recorded as, or declared to constitute a village at a date subsequent to the commencement of the said period of twelve years.
(2) A person shall be deemed for the purposes of this section to have continuously held land in a village notwithstanding that the particular land held by him has been different at different times.
&
(1) Every person who is a settled raiyat of a village within the meaning of section 20 shall have a right of occupancy in all land for the time being held by him as a raiyat in that village.
(2) Every person who, being a settled raiyat of a village within the meaning of section 20, held land as a raiyat in that village at any time between the second day of March, 1883, and the commencement of this Act, shall be deemed to have acquired a right of occupancy in that land under the law then in force; but nothing in this sub-section shall affect any decree or order passed by a Court before the commencement of this Act.
(1) When the immediate landlord of an occupancy holding is a proprietor or permanent tenure-holder and the entire interests of the landlord and the raiyat in the holding become united in the same person by transfer, succession or in any other way whatsoever, such person shall have no right to hold the land as a raiyat, but shall hold it as a proprietor or a permanent tenure-holder, as the case may be, but nothing in this sub-section shall prejudicially affect the rights of any third person.
(2) Nothing in this section shall prevent the acquisition by transfer, succession or in any other way whatsoever, of the holding of an occupancy-raiyat or share or portion thereof together with the occupancy-rights therein by a person who is, or becomes, jointly interested in the lands as a proprietor or a permanent tenure-holder :
Provided that a co-
When a raiyat has a right of occupancy in respect of any land, he may use the land in any manner which does not materially -impair the value of the land or render it unfit for the purposes of the tenancy.
Subject to the provisions of section 23, when a raiyat has a right of occupancy in respect of any land, he shall be entitled-
(i) to plant,
(ii) to enjoy the flowers, fruits and other products of,
(iii) to fell, and
(iv) to utilise or dispose of the timber of,
any tree on such land.
An occupancy-raiyat shall pay rent for his holding at fair and equitable rates.
An occupancy-raiyat shall not be ejected by his landlord from his holding, except in execution of a decree for ejectment passed on the ground-
(a) that he has used the land comprised in his holding in a manner which renders it unfit for the purposes of the tenancy, or
(b) that he has broken a condition consistent with the provisions of this Act, and on breach of which he is, under the terms of a contract between himself and his landlord, liable to be ejected.
If a raiyat dies intestate in respect of a right of occupancy, it shall, subject to any custom to the contrary, descend in the same manner as other immovable property : provided that, in any case in which under the law of inheritance to which the raiyat is subject his other property goes to the Government, his right of occupancy shall be extinguished.
Repealed by s. 3 of the Bengal Tenancy (Amendment) Act, 1938 (Ben. Act VI of 1938).
The holding of an occupancy-raiyat or share or a portion thereof, together with the right of occupancy therein, shall, subject to the provisions of this Act, be capable of being transferred in the same manner and to the same extent as other immovable property.
(1) Every transfer shall be made by registered instrument, except in the cases of a bequest or a sale in execution of a decree or of a certificate signed under the Bengal Public Demands Recovery Act, 1913; and a registering officer shall not accept for registration any such instrument unless the sale price, or where there is no sale price, the value of the holding or portion or share thereof transferred is stated therein, and unless it is accompanied in the prescribed manner by-
(i) a notice giving particulars of the transfer in the prescribed form, together with the process fee prescribed for the service thereof on the landlord or landlords or their common agent, if any, who is or are not party or parties to the transfer, and
(ii) such notices and process fees as may be required by sub-section (4).
Repealed by s. 5 of the Bengal Tenancy (Amendment) Act, 1938 (Ben. Act VI of 1938).
Repealed by s. 5 of the Bengal Tenancy (Amendment) Act, 1938 (Ben. Act VI of 1938).
(1) Except in the case of-
(a) a transfer to a co-sharer in the tenancy whose existing interest has accrued otherwise than by purchase, or
(b) a transfer by exchange, lease, or partition, or
(c) a transfer by bequest or gift (including heba but excluding heba-bil-ewaz for any pecuniary consideration) in favour of the husband or wife of the testator or the donor or of any relation by consanguinity within three degrees of the testator or donor, or
(d) a wakf in accordance with the provisions of the Muhammadan Law, or
(e) a dedication for religious or charitable purposes without any reservation of pecuniary benefit for any individual,
one or more co-sharer tenants
(1) An occupancy raiyat may enter into a complete usufructuary mortgage in respect of his holding or of a portion or share thereof for any period which does not and cannot, in any possible event, by any agreement, express or implied, exceed fifteen years and notwithstanding anything contained in this Act or in any other law or in any contract, no other form of usufructuary mortgage so entered into after the commencement of the Bengal Tenancy (Amendment) Act, 1928, shall have any force or effect.
(1a) Notwithstanding anything contained in this Act or in any other law for the time being in force or in any contract, every mortgage (including a mortgage by conditional sale) entered into by an occupancy-raiyat in respect of his holding or of a portion or share thereof in which possession of land is delivered to the mortgagee -
(a) which was s
Repealed by s. 8 of the Bengal Tenancy (Amendment) Act, 1938 (Ben. Act VI of 1938).
Repealed by s. 8 of the Bengal Tenancy (Amendment) Act, 1938 (Ben. Act VI of 1938).
Repealed by s. 8 of the Bengal Tenancy (Amendment) Act, 1938 (Ben. Act VI of 1938).
The rent for the time being payable by an occupancy-raiyat shall be presumed to be fair and equitable until the contrary is proved.
Where an occupancy-raiyat pays his rent in money, his rent shall not be enhanced except as provided by this Act.
The money-rent of an occupancy-raiyat may be enhanced by contract, subject to the following conditions:-
(a) the contract must be in writing and registered;
(b) the rent must not be enhanced so as to exceed by more than two annas in the rupee the rent previously payable by the raiyat;
(c) the rent fixed by the contract shall not be liable to enhancement during a term of fifteen years from the date of the contract:
Provided as follows-
(i) Nothing in clause (a) shall prevent a landlord from recovering rent at the rate at which it has been actually paid for a continuous period of not less than three years immediately preceding the period for which the rent is claimed.
The landlord of a holding held at a money-rent by an occupancy-raiyat may, subject to the provisions of this Act, institute a suit to enhance the rent on one or more of the following grounds (namely) :-
(a) that the rate of rent paid by the raiyat is below the prevailing rate paid by occupancy-raiyats for land of a similar description and with similar advantages in the same village or in neighbouring villages, and that there is no sufficient reason for his holding at so Iowa rate;
(b) that there has been a rise in the average local prices of staple food-crops during the currency of the present rent;
(c) that the productive powers of the land held by the raiyat have been increased by an improvement effected by, or wholly or partly at the expense of, the landlord during the currency of the prese
Where an enhancement is claimed on the ground that the rate of rent paid is below the prevailing rate-
(a) in determining what is the prevailing rate the Court shall have regard to the rates generally paid during a period of not less than three years before the institution of the suit, and shall not decree an enhancement unless there is a substantial difference between the rate paid by the raiyat and the prevailing rate found by the Court;
(b) if in the opinion of the Court the prevailing rate of rent cannot be satisfactorily ascertained without a local inquiry, the Court may direct that a local inquiry be held under Order XXVI in Schedule I to, and section 78 of, the Code of Civil Procedure, 1908, by such Revenue-officer as the State Government may authorize in that behalf by rules made under Rule 9 in Order XXVI in Schedule I to the sa
(1) In any district or part of a district to which this sub-section is extended by the State Government by notification in the Official Gazette, whenever the prevailing rate for any class of land is to be ascertained under section 30, clause (a), by an examination of the rates at which lands of a similar description and with similar advantages are held within any village or villages, the highest of such rates at which and at rates higher than which the larger portion of those lands is held may be taken to be the prevailing rate.
Illustrations
(a) The rates at which land of a similar description and with similar advantages is held in a village are as follows:
Bighas Rs. a. p.
100 … … at 1 0 0
When the prevailing rate has once been determined by a Revenue-officer under Chapter X or by a Civil Court in any suit under this Act, it shall not be liable to enhancement save on the ground and to the extent specified in section 30, clause (b), and section 32.
Where an enhancement is claimed on the ground of a rise in prices-
(a) the Court shall compare the average prices during the decennial period immediately preceding the institution of the suit with the average prices during such other decennial period as it may appear equitable and practicable to take for comparison;
(b) the enhanced rent shall bear to the previous rent the same proportion as the average prices during the last decennial period bear to the average prices during the previous decennial period taken for purposes of comparison, : provided that, in calculating this proportion, the average prices during the later period shall be reduced by one-third of their excess over the average prices during the earlier period;
(c) if in the opinion of the Court it is not practicable to take the d
(1) Where an enhancement is claimed on the ground of a landlord’s improvement-
(a) the Court shall not grant an enhancement unless the improvement has been registered in accordance with this Act;
(b) in determining the amount of enhancement the Court shall have regard to-
(i) the increase in the productive powers of the land caused or likely to be caused by the improvement,
(ii) the cost of the improvement,
(iii) the cost of the cultivation required for utilizing the improvement, and
(iv) the existing rent and the ability of the land to bear a higher rent.
(2) A decree under this section shall, on the application of the tenant or his successor-in-interest, b
Where an enhancement is claimed on the of an increase in productive powers due to fluvial action-
(a) the Court shall not take into account any increase which is merely temporary or casual;
(b) the Court may enhance the rent to such an amount as it may deem fair and equitable, but not so as to give the landlord more than one-half of the value of the net increase in the produce of the land.
Notwithstanding anything in sections 30 to 34, the Court shall not in any case decree any enhancement which is under the circumstances of the case unfair or inequitable.
If the Court passing a decree for enhancement considers that the immediate enforcement of the decree to its full extent will be attended with hardship to the raiyat. it may direct that the enhancement shall take effect gradually at such times and by such instalments extending over a period not exceeding ten years as the Court may fix in this behalf. For the purposes of section 37, however, the full rent shall be deemed to have come into force from the date of the decree.
(1) A suit instituted for the enhancement of the rent of a holding on the ground that the rate of rent paid is below the prevailing rate, or on the ground of a rise in prices, shall not be entertained if within the fifteen years next preceding its institution the rent of the holding has been enhanced by a contract made after the second day of March, 1883, or if a decree has been passed under this Act or any enactment repealed by this Act enhancing the rent on either of the grounds aforesaid or on any ground corresponding thereto or dismissing the suit on the merits.
(2) Nothing in this section shall affect the provisions of Rule 1 of Order XXIII in Schedule I to the Code of Civil Procedure, 1908.
(1) An occupancy-raiyat may institute a suit for the reduction of his rent on one or more of the following grounds, and, except as hereinafter provided in the case of a diminution of the area of the holding, not otherwise (namely) :-
(a) on the ground that the soil of the holding has without the fault of the raiyat become permanently deteriorated by a deposit of sand or other specific cause, sudden or gradual,
(b) on the ground that there has been a fall, not due to a temporary cause, in the average local prices of staple food-crops during the currency of the present rent, or
(c) on the ground that the landlord has refused or neglected to carry out the arrangements, in respect of the irrigation or the maintenance of embankments which were in force at the time when the rent was settled, and th
(1) The Collector of every district shall prepare, monthly, or at shorter intervals, periodical lists of the market prices of staple food-crops grown in such local areas as the State Government may from time to time direct, and shall submit them to the Board of Revenue for approval or revision.
(2) The Collector may, if so directed by the State Government, prepare for any local area like price-lists relating to such past times as the State Government thinks fit, and shall submit the lists so prepared to the Board of Revenue for approval or revision.
(3) The Collector shall, one month before submitting a price-list to the Board of Revenue under this section, publish it in the prescribed manner within the local area to which it relates, and if any landlord or tenant of land within the local area, within the said period of one month, presen
Repealed by s. 28 of the Bengal Tenancy (Amendment) Act, 1928 (Ben. Act IV of 1928).
Repealed by s. 29 of the Bengal Tenancy (Amendment) Act, 1928 (Ben. Act IV of 1928).
This Chapter shall apply to raiyats not having a right of occupancy who are in this Act referred to as non-occupancy-raiyats.
When a non-occupancy-raiyat is admitted, to the occupation of land, he shall become liable to pay such rent as may be agreed on between himself and his landlord at the time of his admission.
The rent of a non-occupancy-raiyat shall not be enhanced except by registered agreement or by agreement under section 46 :
Provided that nothing in this section shall prevent a landlord from recovering rent at the rate at which it has been actually paid for a continuous period of not less than three years immediately preceding the period for which the rent is claimed.
A non-occupancy-raiyat shall, subject to the provisions of this Act, be liable to ejectment on one or more of the following grounds, and not otherwise (namely):-
(a) on the ground that he has failed to pay an arrear of rent;
(b) on the ground that he has used the land in a manner which renders it unfit for the purposes of the tenancy, or that he has broken a condition consistent with this Act and on breach of which he is, under the terms of a contract between himself and his landlord, liable to be ejected;
(c) where he has been admitted to occupation of the land under a registered lease, on the ground that the term of the lease has expired;
(d) on the ground that he has refused to agree to pay a fair and equitable rent determined under section 46, o
Repealed in Western Bengal by s. 2 of the Bengal Tenancy (Amendment) Act, 1907 (Ben. Act I of 1907), and in Eastern Bengal by s. 2 of the Eastern Bengal and Assam Tenancy (Amendment) Act. 1908 (E. B. and A. Act I of 1908).
(1) A suit for ejectment on the ground of refusal to agree to an enhancement of rent shall not be instituted against a non-occupancy-raiyat unless the landlord has tendered to the raiyat a draft of an agreement to pay the enhanced rent, and the raiyat has within three months before the institution of the suit refused to execute the agreement.
(2) A landlord desiring to tender a draft of an agreement to a raiyat under this section may file it in the office of such Court or officer as the State Government appoints in this behalf for service on the raiyat. The Court or officer shall forthwith cause it to be served on the raiyat in the prescribed manner, and when it has been so served it shall for the purposes of this section be deemed to have been tendered.
(3) If a raiyat on whom a draft of an agreement has been served under sub-section (2
Where a raiyat has been in occupation of land and a lease is executed with a view to a continuance of his occupation, he is not to be deemed to be admitted to occupation by that lease for the purposes of this Chapter, notwithstanding that the lease may purport to admit him to occupation.
The provisions of this Chapter shall apply to all under-raiyats whether their tenamcies were created before or after the commencement of the Bengal Tenancy (Amendment) Act, 1928.
When an under-raiyat is admitted to the occupation of land, he shall, subject to the provisions of this Act, become liable to pay such rent as may be agreed on between himself and his landlord at the time of his admission:
Provided that the rent or rate of rent agreed upon shall not be less than the rent or the rate of rent payable by the raiyat to his landlord.
The rent of an under-raiyat shall not be enhanced except under the provisions of sections 48B or 48D or section 48D, as the case may be.
(1) The money rent of an under-raiyat may be enhanced by a written registered contract :
Provided that the rent shall not be enhanced so as to exceed by more than four annas in the rupee the rent previously payable by the under-raiyat, except in the following cases, namely :-
(i) When an under-raiyat binds himself to pay an enhanced rent in consideration of an improvement which has been or is to be effected in respect of the holding wholly or partly at the cost of his landlord and to the benefit of which the under-raiyat is not otherwise entitled, but an enhanced rent fixed by such a contract shall be payable only when the improvement has been effected and except when the underraiyat is chargeable with default in respect of the improvement, only so long as the improvement exists and substantially produces its estimated effect in respect
An under-raiyat shall, subject to the provisions of this Act, be liable to ejectment on one or more of the following grounds, and not otherwise, namely :-
(a) on the ground that he has failed to pay an arrear of rent:
Provided that, if the under-raiyat is one whose rent is payable in terms of cash and not of produce and he pays through the Court all arrears up to date together with such interest and damages as the Court may award, he shall not be liable to ejectment on account of such arrears;
(b) on the ground that he has used the land in a manner which renders it unfit for the purposes of the tenancy, or that he has broken a condition consistent with this Act and on the breach of which he is, under the terms of the contract between himself and his landlord, liable to be ejected;
&n
(1) The landlord of an under-raiyat may, subject to the provisions of this Act, institute a suit to enhance the rent of the under-raiyat, and to eject the under-raiyat if he refuses to pay the rent determined by the Court.
(2) The Court shall determine what rent is fair and equitable for the holding: provided that the rate of rent so determined shall not in the case of a money rent exceed one-third of the value of the average estimated produce of the land for the decennial period preceding the institution of the suit and in the case of a produce rent one-half of such produce.
(3) The Court shall thereupon inquire from the under-raiyat if he agrees to pay the rent so determined. If the under-raiyat agrees, he shall be entitled to remain in occupation of his holding at that rent for a term of fifteen years from the date of the agreement.
When a landlord has ejected an under-raiyat on the grounds specified in clause (c) or clause (d) of section 48C, the under-raiyat may apply to the Court by which the decree for ejectment was passed to be put in possession of the holding from which he was ejected by way of restitution if, within four years of the ejectment, the landlord sublets the holding or any portion thereof; and thereupon the Court may, if satisfied after inquiry that the landlord did not use the land for his homestead, or for cultivation by himself or by hired servants or by members of his family or with the aid of partners, order a recovery of possession on such terms, if any, with respect to compensation to the persons injured as to the Court may seem just.
The holding of an under-raiyat shall descend in the same manner as other immovable property, but subject to the provisions of sub-section (2) of section 48G, shall not be transferable except with the, consent of the landlord.
(1) Every under-raiyat who, immediately before the commencement of the Bengal Tenancy (Amendment) Act, 1928, had by custom a right of occupancy in any land, shall have a right of occupancy in that land.
(2) Every under-raiyat who has a right of occupancy in his holding shall have, as regards his immediate landlord, all the rights and liabilities of a raiyat with a right of occupancy, as set forth in-
(i) Chapter V other than those conferred or imposed by sections 20, 21 and 22,
(ii) sections 65, 116 and 178, so far as possible, and
(iii) Chapter XIV,
and his holding, as against such landlord, shall be deemed to be the holding of an occupancy-raiyat for the purposes of the said sections or Chapters.
&nb
Repealed by s. 15 of the Bengal Tenancy (Amendment) Act, 1938 (Ben. Act VI of 1938).
(1) Notwithstanding anything contained in section 48F an under-raiyat may enter into a complete usufructuary mortgage in the same manner and on the same conditions as are provided in section 26G for occupancy-raiyats and the provisions of that section shall apply so far as may be to under-raiyats as if they were occupancy-raiyats.
(2) Such mortgage shall not be binding upon the landlord of the under-raiyat.
(1). This Chapter shall apply in the first instance only to the Santhal of the districts of Birbhum, Bankura and Midnapore, who shall be deemed to be aboriginals for the purposes of this Chapter.
(2) The State Government may, from time to time, by notification published in the Official Gazette, declare that the provisions of this Chapter shall, in any district or local area, apply to such of the following aboriginal castes or tribes as may be specified in the notification, and that such castes or tribes shall be deemed to be aboriginals for the purposes of this Chapter, namely:-
Santhals of other districts, Bhuiyas, Bhumijes, Dalus, Garos, Gonds, Hadis, Hajangs, Hos, Kharias, Kharwars, Kochs (Dacca Division), Koras, Maghs (Bakarganj District), Mal and Sauria Paharias, Meches, Mundas, Mundais, Oraons and Turis.
No transfer by an aboriginal tenure-holder, raiyat or under-raiyat of his right in his tenure or holding, or in any portion thereof, by private sale, gift, will, mortgage, lease or any contract or agreement shall be valid to any extent except as provided in this Chapter.
An aboriginal tenure-holder may grant a lease to another aboriginal, to hold the land as a tenure-holder, or to cultivate it as a raiyat, in accordance with the provisions of this Act.
An aboriginal raiyat may sub-let his holding to another aboriginal to cultivate it as an under-raiyat.
(1) An aboriginal tenure-holder, raiyat or under-raiyat may enter with another aboriginal into a complete usufructuary mortgage in respect of any land under his own cultivation, for any period which does not and cannot, in any possible event, by an agreement, express or implied, exceed seven years, or the period of his own right, whichever is less :
Provided that every mortgage so entered into shall be registered under the Indian Registration Act, 1908.
(2) An aboriginal tenant’s power to mortgage his land shall be restricted to only one form of mortgage, namely, a complete usufructuary mortgage.
(1) If In any case-
(a) an aboriginal tenure-holder is unable to lease his land as provided in section 49C, or an aboriginal raiyat is unable to sub-let his holding as provided in section 49D, or an aboriginal tenure-holder, raiyat or under-raiyat is unable to mortgage his land to another aboriginal as provided in section 19E, sub-section (1), or
(b) an aboriginal tenure-holder, raiyat or under-raiyat desires to transfer his land, or any portion thereof, by private sale, gift or will to any person,
he may apply to the Collector for permission, in case (a), to transfer the same to a person who is not an aboriginal, or in case (b), to transfer the same by private sale, gift or will to any person; and the Collector may pass such order on the application as he thinks fit.
&nbs
Section 49(f) of the Bengal Tenancy Act, 1885, pertains to the procedural mechanism available to tenants and landholders for seeking transfer of tenancy rights or land in specific circumstances. It forms part of the broader framework regulating transfer and rights of tenants under Bengal's tenancy laws, aiming to balance the interests of landholders and tenants.
Section 49(f) authorizes an application to the Collector for the transfer of tenancy rights or land in certain prescribed cases. It provides a legal avenue for tenants or landholders to seek transfer, subject to conditions and limitations set forth in the Act.
Section 49(f) primarily governs the procedural aspect of transfer applications, particularly in cases involving transfer of tenancy rights by tenants or landholders. It does not permit arbitrary transfers but restricts them within the limits of the Act's provisions, ensuring orderly and lawful transfer of rights.
The Bengal Tenancy Act, 1885, does not specify direct punishments under Section 49(f). However, violations such as unauthorized transfer or non-compliance with the prescribed procedure may attract penalties, fines, or nullification of transfer as per other sections of the Act.
Note: The analysis draws on the provided sources, primarily focusing on procedural and substantive aspects of Section 49(f). Specific punishments or detailed case law are not extensively covered in the available references.
No transfer by an aboriginal tenure-holder, raiyat or under-raiyat in contravention of the provisions of this Chapter shall be registered or in any way recognised as valid by any Court, whether in the exercise of civil, criminal or revenue jurisdiction.
(1) If a transfer of a tenure or holding, or any portion thereof, is made by an aboriginal tenure-holder, raiyat or under-raiyat in contravention of the provisions of section 49B, or if the transferee has continued or is in possession in contravention of the provisions of section 49E, sub-section (1), or section 49F, as the case may be, the Collector may, on his own initiative or on application made in that behalf, by an order in writing, eject the transferee from such tenure, holding or portion :
Provided that-
(a) the transferee whom it is proposed to eject has not been in continuous possession in contravention of this Act for twelve years, and
(b) he is given an opportunity of showing cause against the order of ejectment.
(2) When the Collector h
(1) Whenever-
(a) the right of settlement of any tenancy, or any portion thereof, is declared to be vested in the landlord under clause (b) of sub-section (2) of section 49H, or
(b) an aboriginal tenant surrenders his tenancy, or a portion thereof or abandons his residence and ceases to hold his tenancy, the landlord may, subject to the provisions of sections 86, 86A and 87,-
(i) settle the tenancy, or a portion thereof, with an aboriginal, or
(ii) with the approval of the Collector in writing, settle the same with a person who is not an aboriginal or retain it in his own possession: provided that such approval shall not be withheld if the Collector is satisfied that the surrender or abandonment referred to in this sub-section is not made with the o
.-(1) Notwithstanding anything contained in this Act, no decree or order shall be passed by any Court for the sale of the right of an aboriginal tenure-holder, raiyat or under-raiyat in his tenure or holding, or in any portion thereof, nor shall any such right be sold in execution of any decree or order:
Provided that any tenure or holding belonging to an aboriginal may be sold in accordance with the provisions of sub-section (2) in execution of a decree of a competent Court to recover an arrear of rent which has accrued in respect of the tenure or holding.
(2) When a decree for an arrear of rent which accrued in respect of a tenure or holding of an aboriginal tenant has been passed, such decree shall be executable solely by the Collector and the Court shall, on application made in this behalf by the decree-holder, send the decree to the
If the sale of a tenure or holding, or any portion thereof, is ordered in execution of a decree against an aboriginal tenure-holder, raiyat or under-raiyat in respect of such tenancy or portion thereof, other than a decree to recover an arrear of rent which has accrued in respect of such tenancy the Court executing the decree shall allow the tenant reasonable time in which to pay the amount due.
(1) An appeal, if presented within thirty days from the date of the order appealed against, shall lie to the Collector of the district from any order made under sections 49F, 49H, 49J or 49K by any officer in the district exercising the powers of a Collector, and the order of the Collector on appeal shall be final:
Provided that every order passed by the Collector on appeal shall be subject to revision and modification by the Commissioner.
(2) Notwithstanding anything in sub-section (1), an appeal from any order, made under any of the sections mentioned in that sub-section by an officer acting under Chapter X of this Act shall be to such officer as the State Government may appoint in this behalf, and the orders of such officers on appeal shall be final:
Provided that, in every such case, every
Notwithstanding anything in this Act, no suit shall lie in any Civil Court to vary or set aside any order passed by the Collector in any proceeding under this Chapter except on the ground of fraud or want of jurisdiction,
Nothing in this Chapter shall affect the validity of any transfer (not otherwise invalid) by a tenure-holder, raiyat or under-raiyat of his tenure or holding, or any portion thereof, made bona fide,-
(a) in the case of the Santhals of the district of Birbhum, Bankura and Midnapore before the 1st November, 1916, and
(b) in the case of other castes and tribes to which this Chapter has been applied, at least one year before the date of the publication of the notification under section 49A, sub-section (2), in respect to such castes or tribes.
(1) Where a tenure-holder or raiyat and his predecessors-in-interest have held at a rent or rate of rent which has not been changed from the time of the Permanent Settlement, the rent or rate of rent shall not be liable to be increased except on the ground of an alteration in the area of the tenure or holding.
(2) If it is proved in any suit or other proceeding under this Act that either a tenure-holder or raiyat and his predecessors-in-interest have held at a rent or rate of rent which has not been changed during the twenty years immediate before the institution of the suit or proceeding, it shall be presumed, until the contrary is shown, that they have held at that rent or rate of rent from the time of the Permanent Settlement :
Provided that if it is required by or under any enactment that in any local area tenancies, or any classes o
If a question arises as to the amount of a tenant’s rent or the conditions under which he holds in any agricultural year, he shall be presumed, until the contrary is shown, to hold at the same rent and under the same conditions as in the last preceding agricultural year.
(1) Every tenant shall-
(a) be liable to pay additional rent for all land proved by measurement to be in excess of the area for which rent has been previously paid by him, unless it is proved that the excess is due to the addition to the tenure or holding of land which having previously belonged to the tenure or holding was lost by diluvion or otherwise without any reduction of the rent being made:
Provided that no Court shall decree any addition of rent under this clause unless it is satisfied that there has in fact been an increase in the actual area of the tenure or holding since the rent previously paid was settled; and
(b) be entitled to a reduction of rent in respect of any deficiency proved by measurement to exist in the area of his tenure or holding as compared with the area for which
Subject to agreement or established usage, a money-rent payable by a tenant shall be paid in four equal instalments falling due on the last day of each quarter of the agricultural year.
(1) Every tenant shall pay or tender each instalment of rent before sunset of the day on which it falls due:
Provided that the tenant may pay or tender the rent payable for the year at any time during the year before it falls due.
(2) The payment or tender of rent may be made-
(i) at the landlord’s village office, or at such other convenient place as may be appointed in that behalf by the landlord; or
(ii) by postal money-order in the manner prescribed.
A tender may also be made by depositing the rent in Court in accordance with the provisions of section 61.
(3) Where rent is sent by postal money-order in the manner prescribed, the Court may presume until the c
(1) When a tenant makes a payment on account of rent, he may declare the year or the year and instalment to which he wishes the payment to be credited, and the payment shall be credited accordingly.
(2) If he does not make any such declaration, the payment may be credited to the account of such year and the instalment as the landlord thinks fit.
(1) Every tenant who makes a payment on account of rent to his landlord shall be entitled to obtain forthwith from the landlord a written receipt for the amount paid by him, signed by the landlord.
(2) The landlord shall prepare and retain a counterfoil of the receipt.
(3) The receipt and counterfoil shall specify such of the several particulars shown in Schedule II to this Act as can be specified by the landlord at the time of payment:
Provided that the State Government may, from time to time, prescribe or sanction a modified form either generally or for any particular local area or class of cases.
(4) If a receipt does not contain substantially the particulars required by this section, it shall be presumed, until the contrary is shown, to be an ac
(1) Where a landlord admits that all rent payable by a tenant to the end of the agricultural year has been paid, the tenant shall be entitled to receive from the landlord, free of charge, within three months after the end of the year, a receipt in full discharge of all rent falling due to the end of the year, signed by the landlord.
(2) Where the landlord does not so admit, the tenant shall be entitled, on paying a fee of four annas, to receive within three months after the end of the year a statement of account, specifying the several particulars shown in Schedule II to this Act, or in such other form as may from time to time be prescribed by the State Government either generally or for any particular local area or class of cases.
(3) The landlord shall prepare and retain a copy of the statement containing similar particulars.
(1) If a landlord without reasonable cause refuses or neglects to deliver to a tenant a receipt containing the particulars required by section 56 for any rent paid by the tenant, the tenant may, within three months from the date of payment, institute a suit to recover from him such penalty, not exceeding double the amount of value of that rent, as the Court thinks fit.
(2) If a landlord without reasonable cause refuses or neglects to deliver to a tenant demanding the same either the receipt in full discharge or, if the tenant is not entitled to such a receipt, the statement of account for any year required in section 57, the tenant may, within the next ensuing agricultural year, institute a suit to recover from him such penalty as the Court thinks fit, not exceeding double the aggregate amount or value of all rent paid by the tenant to the landlord during the year for which the rec
(1) The State Government shall cause to be prepared and kept for sale to landlords at all sub-divisional offices, forms of receipts with counterfoils and of statements of account suitable for use under sections 56 to 58.
(2) The forms may be sold in books with the leaves consecutively numbered or otherwise as the State Government thinks fit.
Where rent is due to the proprietor, manager or mortgagee of an estate, the receipt of the person registered under the Land Registration Act, 1876, as proprietor, manager or mortgagee of that estate, or of his agent authorised in that behalf, shall be a sufficient discharge for the rent; and the person liable for the rent shall not be entitled to plead in defence to a claim by the person so registered that the rent is due to any third person.
But nothing in this section shall affect any remedy which any such third person may have against the registered proprietor, manager or mortgagee.
(1) In any of the following cases, namely :-
(a) when a tenant tenders money on account of rent and the landlord refuses to receive it or refuses to grant a receipt for it;
(b) when a tenant bound to pay money on account of rent has reason to believe, owing to a tender having been refused or a receipt withheld on a previous occasion, that the person to whom his rent is payable will not be willing to receive it and to grant him a receipt for it;
(c) when the rent is payable to co-sharers jointly, and the tenant is unable to obtain the joint receipt of the co-sharers for the money, and no person has been empowered to receive the rent on their behalf; or
(d) when the tenant entertains a bona fide doubt as to who is entitled to receive the rent,
&nb
(1) If it appears to the Court to which an application is made under section 61 that the applicant is entitled under that section to deposit the rent, it shall receive the rent and give a receipt for it under the seal of the Court.
(2) A receipt given under this section shall operate as an acquittance for the amount of the rent payable by the tenant and deposited as aforesaid, in the same manner and to the same extent as if that amount of rent had been received-
in case (a) and (b) of section 61, by the person specified in the application as the person to whose credit the deposit was to be entered; in case (c) of that section, by the co-sharers to whom the rent is due; and in case (d) of that section, by the person entitled to the rent.
The Court receiving a deposit-
(i) in case (a) or (b) of section 61 shall forthwith forward the same by postal money-order to the address of the landlord, or of the common agent, if any of the landlord empowered to receive rent;
(ii) in case (c) or (d) of that section shall forthwith cause to be affixed in a conspicuous place at the Court-house a notification of the receipt thereof containing a statement of all material particulars, and, if the amount of the deposit is not paid away under section 64 within the period of fifteen days next following the date on which the notification is so affixed, the Court shall forthwith in case (c) cause a notice of the receipt of the deposit to be posted free of charge at the landlord’s village-office, if any, and in some conspicuous place in the village in which the tenure or holding or any portion thereof is situated, and in case (d) cause
(1) The Court may pay the amount of the deposit notified under section 63 to any person appearing to it to be entitled to the same, or may, if it thinks fit, retain, the amount pending the decision of a Civil Court as to the person so entitled.
(2) If no payment is made [under clause (i) of section 63 or under subsection (1) of this section before the expiration of three years from the date on which a deposit is made, the amount deposited may, in the absence of any order of a Civil Court to the contrary, be repaid to the depositor upon his application and on his returning the receipt given by the Court with which the rent was deposited.
(3) No suit or other proceeding shall be instituted against the Government, or against any officer of the Government, in respect of anything done by a Court receiving a deposit under section 62; but nothi
If a landlord or his agent refuses without reasonable cause to receive payment of rent remitted by postal money order or deposited in Court, the landlord shall be precluded from recovering by suit interest, costs or damages in respect of the same, and the Court may in addition award to the tenant damages not exceeding twenty-five per cent on the whole amount claimed by the plaintiff.
The plea of the existence of any dispute as to the amount of rent or area of land of the tenure or holding shall not be deemed to be a reasonable cause under this section:
Provided that, when a landlord accepts rent, which has been deposited or remitted by postal money-order, the fact of his acceptance shall not be used in any way as evidence that he has admitted as correct any of the particulars set forth in the application for permission to deposit or in t
Where a tenant is a permanent tenure-holder, a raiyat holding at fixed rates or an occupancy-raiyat he shall not be liable to ejectment for arrears of rent, but his tenure or holding shall be liable to sale in execution of a decree for the rent thereof, and the rent shall be a first charge thereon.
(1) When an arrear of rent remains due from a tenant not being a permanent tenure-holder, a raiyat holding at fixed rates or an occupancy-raiyat, at the end of the agricultural year the landlord may, whether he has obtained a decree for the recovery of the arrear or not, and whether he is entitled by the terms of any contract to eject the tenant for arrears or not, institute a suit to eject the tenant.
(2) In a suit for ejectment for an arrear of rent a decree passed in favour of the plaintiff shall specify the amount of the arrear and of the interest (if any) due thereon, and the decree shall not be executed if that amount and the costs of the suit are paid into Court within thirty days from the date of the decree, or, when the Court is closed on the thirtieth day, on the day upon which the Court re-opens.
(3) The Court may for special
An arrear of rent shall bear simple interest at the rate of six and a quarter per centum per annum from the expiration of that quarter of the agricultural year in which the instalment falls due to the date of payment or of the institution of the suit, whichever date is earlier.
(1) If, in any suit brought for the recovery of arrears of rent, it appears to the Court that the defendant has, without reasonable or probable cause, neglected or refused to pay the amount of rent due by him, the Court may award to the plaintiff in addition to the amount decreed for rent and costs, such damages not exceeding twelve and a half per centum on the amount of rent decreed, as it thinks fit:
Provided that interest shall not be decreed when damages are awarded under this section :
Provided also that where damages are awarded-
(i) the amount of such damages shall not be less than the interest accruing up to the date of the institution of the suit, and
(ii) interest on the arrear may be awarded from the date of the institution of the suit up
Repealed by s. 45 of the Bengal Tenancy (Amendment) Act, 1928 (Ben. Act IV of 1928).
Repealed by s. 45 of the Bengal Tenancy (Amendment) Act, 1928 (Ben. Act IV of 1928).
Repealed by s. 45 of the Bengal Tenancy (Amendment) Act, 1928 (Ben. Act IV of 1928).
(1) A tenant shall not, when his landlord’s interest is transferred, be liable to the transferee for rent which became due after the transfer and was paid to the landlord whose interest was so transferred, unless the transferee has before the payment given notice of the transfer to the tenant.
(2) Where there is more than one tenant paying rent to the landlord whose interest is transferred, a general notice from the transferee to the tenants published in the prescribed manner shall be a sufficient notice for the purposes of this section.
When an occupancy-raiyat transfers his holding in whole or in part the transferor and transferee shall be jointly and severally liable to the landlord for arrears of rent due before the transfer:
Provided that the transferor shall not be liable to the landlord for such arrears of rent if the transferee has agreed to pay such arrears to the landlord and the fact has been mentioned in the instrument of transfer.
(1) All impositions upon tenants under the denomination of abwab, mahtat, or other like appellations, in addition to the actual rent, shall be illegal, and all stipulations and reservations for the payment of such shall be void.
(2) All impositions upon tenants of road cess or public works cess, or of both,-
(a) in excess of the net amount fixed by clause (2) of section 41 of the Cess Act, 1880, or
(b) on any scale in excess of that required by clause (3) of that section,
levied in addition to the actual rent, shall be illegal, and all stipulations and reservations for payment of any such excess contained in any contract made between a landlord and a tenant on or after the 13th day of October, 1880, shall be void :
&
(1) If a landlord or his agent realises from a tenant any imposition declared under sub-section (1) of section 74 to be illegal, such landlord or agent, as the case may be, shall be liable to the same fine, to be imposed in the same manner, as in sub-section (3) of section 58, and the provisions of sub-sections (4), (7) and (8) of the said section relating to inquiry, fine and procedure shall, mutatis mutandis and so far as may be, apply to proceedings under this section.
(2) An appeal shall lie to the District Judge against an order imposing a fine under this section, and the order passed by the District Judge on such appeal shall be final.
(3) The imposition of a fine on a landlord or landlord’s agent under this section shall not operate as a bar to the institution of a suit under section 75.
Every tenant from whom, except under any special enactment for the time being in force, any sum of money or any portion of the produce of his land is exacted by his landlord in excess of the rent or road cess or public works cess or interest lawfully payable, may, subject to the second proviso to sub-section (2) of section 74 within six months from the date of the exaction, institute a suit to recover from the landlord, in addition to the amount or value of what is so exacted, such sum by way of penalty as the Court thinks fit, not exceeding two hundred rupees; or, when double the amount or value of what is so exacted exceeds two hundred rupees, not exceeding double that amount or value.
(1) All the provisions of this Act relating to enhancement of rent are hereby suspended for a period of ten years with effect from the twenty-seventh day of August, 1937 and all such provisions relating to enhancement of rent of a raiyat or an under-raiyat are hereby suspended for a further period of ten years with effect from the twenty-seventh day of August, 1947.
(2) (a) All decrees and orders enhancing rent passed under any of the provisions of this Act on or after the twenty-seventh day of August, 1937 and before the date of the commencement of the Bengal Tenancy (Amendment) Act, 1938, are hereby declared to be inoperative from the date of such decree or order until the expiry of the ten years referred to in sub-section (1) and all decrees and orders enhancing the rent of a raiyat or an under-raiyat so passed are hereby declared to be inoperative for a further period of ten ye
(1) For the purposes of this Act, the term "improvement", used with reference to a holding, shall mean any work which adds to the value of the holding, which is suitable to the holding and consistent with the purpose for which it was let, and which, if not executed on the holding, is either executed directly for its benefit, or is, after execution, made directly beneficial to it.
(2) Until the contrary is shown, the following shall be presumed to be improvements within the meaning of this section :-
(a) the construction of wells, tanks, water-channels and other works for the storage, supply or distribution of water for the purposes of agricultural, or for drinking or for the use of men and cattle employed in agriculture;
Explanation.- Such construction on agricultural lands shall not be deemed
(1) Neither the tenant nor his landlord shall, as such, be entitled to prevent the other from making an improvement in respect of the holding, except on the ground that he is willing to make it himself.
(2) If both the tenant and his landlord wish to make the same improvement, the tenant shall have the prior right to make it, unless it affects another holding or other holdings under the same landlord.
(3) Any fee realised from a tenant for permission to make any improvement in respect of his holding shall be deemed to be an abwab and the provisions of sub-section (1) of section 74 shall apply thereto.
If a question arises between the raiyat or under-raiyat and his landlord -
(a) as to the right to make an improvement, or
(b) as to whether a particular work is an improvement,
the Collector may, on the application of either party, decide the question, and his decision shall be final.
Repealed by s. 51 of the Bengal Tenancy (Amendment) Act, 1928 (Ben. Act IV of 1928).
(1) A landlord may, by application to such Revenue-officer as the State Government may appoint, register any improvement which he has lawfully made or which has been lawfully made wholly or partly at his expense or which he has assisted a tenant in making.
(2) The application shall be in such form, shall contain such information, and shall be verified in such manner, by local inquiry or otherwise, as the State Government from time to time prescribes.
(3) The officer receiving the application may reject it if it has not been made within twelve months-
(a) in the case of improvements made before the commencement of this Act - from the commencement of this Act;
(b) in the case of improvements made after the commencement of this Act - from the date of t
(1) If any landlord or tenant of a holding desires that evidence relating to any improvement made in respect thereof be recorded, he may apply to a Revenue-officer, who shall thereupon, at a time and place of which notice shall be given to the parties, record the evidence, unless he considers that there are no reasonable grounds for making the application, or it is made to appear that the subject-matter thereof if under inquiry in a Civil Court.
(2) When any matter has been recorded under this section, the record thereof shall be admissible in evidence in every subsequent proceedings between the landlord and tenant or any persons claiming under them.
(1) Every raiyat or under-raiyat who is ejected from his holding shall be entitled to compensation for improvements which have been made in respect thereof in accordance with this Act by him, or by his predecessor-in-interest, and for which compensation has not already been paid.
(2) Whenever a Court makes a decree or order for the ejectment of a raiyat or under-raiyat, it shall determine the amount of compensation (if any) due under this section to the raiyat or under-raiyat for improvements, and shall make the decree or order of ejectment conditional on the payment of that amount to the raiyat or under-raiyat.
(3) No compensation under this section for an improvement shall be claimable where the raiyat or under-raiyat has made the improvement in pursuance of a contract or under a lease binding him, in consideration of some substantial
(1) In estimating the compensation to be awarded under section 82 for an improvement, regard shall be had-
(a) to the amount by which the value, or the produce, of the holding or the value of that produce, is increased by the improvement;
(b) to the condition of the improvement, and the probable duration of its effects;
(c) to the labour and capital required for the making of such an improvement;
(d) to any reduction or remission of rent or any other advantage given by the landlord to the raiyat or under-raiyat in consideration of the improvement; and
(e) in the case of a reclamation or of the conversion of unirrigated into irrigated land, to the length of time during which the raiyat or under-raiyat has
A Civil Court may, on the application of the landlord of a holding, and on being satisfied that he is desirous of acquiring the holding or part thereof for some reasonable and sufficient purpose having relation to the good of the holding or of the estate in which it is comprised, including the use of the ground as building ground, or for any religious, educational or charitable purpose, and on being satisfied on the certificate of the Collector that the purpose is reasonable and sufficient, authorise the acquisition thereof by the landlord upon such conditions as the Court may think fit, and require the tenant to sell his interest in the whole or such part of the holding to the landlord upon such terms as may be approved by the Court, including full compensation to the tenant.
Repealed by s. 53 of the Bengal Tenancy (Amendment) Act, 1928 (Ben. Act IV of 1928).
(1) A tenure-holder may apply to the Court for permission to surrender a tenure.
(2) An application under sub-section (1) shall be in the prescribed form, shall give particulars, inter alia, of under-tenure-holders and raiyats if any, holding directly under the tenure sought to be surrendered, and of any in-cumbrances upon the said tenure, and, shall be accompanied by the process - fee prescribed for service of notices upon the landlord or his common agent, if any, under-tenure-holders and raiyats if any, referred to above and incum-brancers, if any.
(3) If the Court, after hearing the parties, grants permission for the surrender of the tenure, it shall impose such equitable conditions as it may think proper.
(4) An appeal shall lie to the ordinary Civil Appellate Court from any order of a Cou
(1) A raiyat or under-raiyat not bound by lease or other agreement for a fixed period may, at the end of any agricultural year, surrender his holding.
(2) But, notwithstanding the surrender, the raiyat or under-raiyat shall be liable to indemnify the landlord against any loss of the rent of the holding for the agricultural year next following the date of the surrender, unless he gives to his landlord, at least three months before he surrenders, notice of his intention to surrender.
(3) When a raiyat or under-raiyat has surrendered his holding, the Court shall in the following cases for the purposes of sub-section (2) presume, until the contrary is shown, that such notice was so given, namely :-
(a) if the raiyat or under-raiyat takes a new holding in the same village from the same landlord dur
(1) If the lands of a tenure or holding or a portion of such lands are lost by diluvion, the rent of the tenure or holding shall be abated by an amount which bears the same proportion to the rent of the whole tenancy, as the area lost bears to that of the whole tenancy.
(2) (a) Notwithstanding anything contained in this Act or any other law or any contract to the contrary, the right, title and Interest of the tenant or his successors-in-interest shall subsist in such lands or portion thereof during the period of loss by diluvion not exceeding twenty years and the tenant or his successors-in-interest shall have right to immediate possession on the reappearance of such lands or portion thereof within twenty years of the loss by the diluvion and the landlord shall have right to the arrears of rent without interest or damage in respect of the land which has reappeared for the period du
(1) If a raiyat or under-raiyat voluntarily abandons his residence without notice to his landlord and without arranging for payment of his rent as it falls due, and ceases to cultivate his holding either by himself or by some other person, the landlord may, at any time after expiration of the agricultural year in which the raiyat or under-raiyat so abandons and ceases to cultivate, enter on the holding and let it to another tenant or take it into cultivation himself.
(2) Before a landlord enters under this section, he shall file a notice in the prescribed form in the Collector’s office, stating that he has treated the holding as abandoned and is about to enter on it accordingly; and the Collector shall cause a notice to be published in the prescribed manner.
(3) When a landlord enters under this section, the raiyat or under-raiyat shall
(1) Save as provided elsewhere in this section, a division of a tenure or holding or a distribution of the rent payable in respect thereof shall not be valid unless such division or distribution has been expressly consented to in writing by both-
(a) the landlord or the entire body of landlords or their agents duly authorised in that behalf, and
(b) all the co-sharer tenants:
Provided that, if there is proved to have been made in any landlord’s rent-roll any entry showing that any tenure or holding has been divided or that the rent payable in respect thereof has been distributed, such landlord may be presumed to have given his express consent in writing to such division or distribution.
(2) The Civil Court, on application made to it by one or more c
No tenant shall be ejected from his tenure or holding except in execution of a decree.
(1) Subject to the provisions of this section and any contract, a landlord may, by himself, or by any person authorised by him this behalf, enter on and measure all land comprised in his estate or tenure, other than land exempt from the payment of revenue.
(2) A landlord shall not, without the consent of the tenant, or the written permission of the Collector, be entitled to measure land more than once in ten years, except in the following cases (namely) :-
(a) where the area of the tenure or holding is liable, by reason of alluvion or diluvion, to vary from year to year, and the rent payable depends on the area;
(b) where the area under cultivation is liable to vary from year to year and the rent payable depends on the area under cultivation;
(c) wh
(1) Where a landlord desires to measure any land which he is entitled to measure under section 90, the Civil Court may, on the application of the landlord, make an order requiring the tenant to attend and point out the boundaries of the land.
(2) If the tenant refuses or neglects to comply with the order, a map or other record of the boundaries and measurements of the land, prepared under the direction of the landlord at the time when the tenant was directed to attend, shall be presumed to be correct until the contrary is shown.
(1) Every measurement of land made by order of a Civil Court, or of a Revenue-officer, in any suit or proceeding between a landlord and tenant, shall be made by the acre, unless the Court or Revenue-officer directs that it be made by any other specified standard.
(2) If the rights of the parties are regulated by any local measure other than the acre, the acre shall be converted into the local measure for the purposes of the suit or proceeding.
(3) The State Government may, after local inquiry, make rules declaring for any local area the standard or standards of measurement locally in use in that area, and every declaration so made shall be presumed, to be correct until the contrary is shown.
(i) When any dispute exists between co-owners of an estate or tenure or of lands held jointly between two or more estates or tenures as to the management thereof; or
(ii) when, owing to the existence of a large number of small co-sharers in an estate or tenure, the tenants or landlords are put to inconvenient and harassment in the payment or receipt of the rent due, the District Judge may, if it appears to him to be just and convenient, on the application of in case (i),-
(a) the Collector, or
(b) anyone having an interest in the estate or tenure or in any of the estates or tenures; and in case (ii),-
(a) more than half the tenants, or
(b) co-sharers holding more than half the aggregate interests in the e
If the co-owners fail to show cause as aforesaid within one month after service of a notice under section 93, the District Judge may make an order directing them to appoint a common manager and a copy of the order shall be served on any co-owner who did not appear before it was made.
If the co-owners do not, within such period, not being less than one month after the making of an order under section 94, as the District Judge may fix in this behalf, or, where the order has been served as directed by that section, within a like period after such service, appoint a common manager and report the appointment for the information of the District Judge, the District Judge may, unless it is shown to his satisfaction that there is a prospect of a satisfactory arrangement being made within a reasonable time-
(a) direct that the estate or tenure be managed by the Court of Wards in any case in which the Court of Wards consents to undertake the management thereof; or
(b) in any case appoint a manager.
The State Government may nominate a person for any local area to manage all estates and tenures within that local area for which it may be necessary to appoint a manager under clause (b) of section 95; and, when any person has been so nominated, no other person shall be appointed manager under that clause by the District Judge, unless the case of any estate the Judge thinks fit to appoint one of the co-owners themselves as manager.
In any case in which the Court of Wards undertakes under section 95 the management of an estate or tenure, so much of the provisions of the Court of Wards Act, 1879, as relates to the management of immovable property shall apply to the management.
(1) A manager appointed under section 95 may, if the District Judge thinks fit, be remunerated by a fixed salary or percentage of the money collected by him as manager, or partly in one way and partly in the other, as the District Judge from time to time directs.
(2) He shall give such security for the proper discharge of his duties as the District Judge directs.
(3) He shall, subject to the control of the District Judge, have, for the purposes of management, the same powers as the co-owners jointly might but for his appointment have exercised, and the co-owners shall not exercise any such power.
(4) He shall deal with and distribute the profits in accordance with the orders of the District Judge.
(5) He shall keep regular accounts, allow the co-own
When an estate or tenure has been placed under the management of the Court of Wards, or a manager has been appointed for the same under section 95, the District Judge may at any time direct that the management of it be restored to the co-owners if he is satisfied that the management will be conducted by them without inconvenience to the public or injury to private rights.
(1) Where two or more persons are joint or co-sharer landlords they may by an instrument in writing appoint a common agent for the whole of their joint property or for any portion thereof to receive on behalf of all of them-
(a) notices of transfer under sections 12, 13, 15, 17, 18 and 26C of tenures or holdings or portions or shares thereof held under them within that property.
(b) Omitted
(c) the rent deposited in Court under section 61, and
(d) the notices referred to in sub-section (2) of section 85A and in sub-section (2) of section 88.
(2) (a) The Collector shall, on application by the common agent and on production by him of the instrument of appointment, register the names of the common agent and
(1) The High Court may, from time to time, make rules defining the powers and duties of managers under sections 95 to 99.
(2) The Board of Revenue may, from time to time, make rules defining the powers and duties of common agents under section 99A.
(1) The State Government may, in any case if it thinks fit, make an order directing that a survey be made and a record-of-rights be prepared, by a Revenue-officer, in respect of all lands in any local area, estate or tenure or part therof:
Provided that the provisions of sections 104 to 105A, both inclusive, 109C, 109D, 110, 112 and 113 shall not apply in respect of any lands which are held by a non-agriculturist and are not used for purposes connected with agriculture or horticulture.
(2) In particular and without prejudice to the generality of the foregoing power, the State Government may make such an order in the following cases namely :-
(a) where-
(i) the landlord or tenants, or
(ii) a proportion of
Where an order is made under section 101, the particulars to be recorded shall be specified in the order, and may include, either without or in addition to other particulars, some or all of the following, namely:-
(a) the name of each tenant or occupant;
(b) the class or classes to which each tenant belongs, that is to say, whether he is a tenure-holder, raiyat holding at fixed rates, settled raiyat, occupancy-raiyat, non-occupancy-raiyat or under-raiyat with or without a right of occupancy and, if he is a tenure-holder, whether he is a permanent tenure-holder or not, and whether his rent is liable to enhancement during the continuance of his tenure;
(c) the situation and quantity and one or more of the boundaries of the land held by each tenant or occupier;
&n
The State Government may, for the purpose of settling or averting disputes existing or likely to arise between landlords, tenants, proprietors, or persons belonging to any of these classes regarding the use or passage of water,
make an order directing that a survey be made, and a record-of-rights be prepared, by a Revenue-officer, in order to ascertain and record the rights and obligations of each tenant and landlord in any local area, estate or tenure or part thereof, in respect of-
(a) the use by tenants of water for agricultural purposes, whether obtained from a river, jhil, tank or well or any other sources of supply; and
(b) the repair and maintenance of appliances for securing a supply of water for the cultivation of the land held by each tenant, whether or not such appliances be situate
On the application of one or more of the proprietors or tenure-holders, or of a large proportion of the raiyats, of an estate or tenure, and on the applicant or applicants depositing or giving security for the required amount for expenses, a Revenue-officer may, subject to and in accordance with rules made in this behalf by the State Government, ascertain and record all or any of the particulars specified in section 102 with respect to the estate or tenure or any part thereof.
(1) When a draft record-of-rights has been prepared the Revenue-officer shall publish the draft in the prescribed manner and for the prescribed period, and shall receive and consider any objections which may be made to any entry therein, or to any omission therefrom, during the period of publication.
(2) When such objections have been considered and disposed of according to such rules as the State Government may make, and (if a settlement of land-revenue is being or is about to be made) the Settlement Rent-roll has been incorporated with the record under section 104F, subsection (3), the Revenue-officer shall finally frame the record, and shall cause it to be finally published in the prescribed manner; and the publication shall be conclusive evidence that the record has been duly made under this Chapter.
(3) Separate draft or final recor
(1) When a record-of-rights has been finally published under section 103A, the Revenue-officer shall, within such time as the Board of Revenue may, by general or special order, require, make a certificate stating the fact of such final publication and the date thereof, and shall date and subscribe the same with his name and official title.
(2) The certificate of final publication, or in the absence of such certificate, a certificate signed by the Collector of any district in which the local area, estate, tenure or part thereof to which the record-of-rights relates is wholly or partly situate, stating that a record-of-rights has been finally published on a specified date, shall be conclusive proof of such publication and of the date thereof.
(3) The State Government may, by notification, declare, with regard to any specified area, that a
In every case in which a settlement of land revenue is being or is about to be made, the Revenue-officer shall, after publication of the draft of the record-of-rights under section 103A, sub-section (1),(a) settle fair and equitable rents for tenants of every class,
(b) notwithstanding anything contained in section 191, settle a fair and equitable rent for any land in respect of which he has recorded, in pursuance of clause (j) of section 102, that the occupant is not entitled to hold it without payment of rent, and
(c) prepare a Settlement Rent-roll :
Provided that the Revenue-officer shall not settle the rents of tenants of every class in an estate or tenure belonging to the Government, if it does not appear to the State Government to be expedient that he should do so.
(i) For the purposes of settling rents under this Part and preparing a Settlement Rent-roll, the Revenue-officer may proceed in anyone or more of the following ways, or partly in one of those ways and partly in another, that is to say,-
(a) if in any case the landlord and tenant agree between themselves as to the amount of the rent fairly and equitably, payable, the Revenue-officer shall satisfy himself that the rent so agreed upon is fair and equitable, and if he is so satisfied, but not otherwise, it may be settled and recorded as the fair and equitable rent;
(b) the Revenue-officer may himself propose what he deems to be the fair and equitable rent, and if the amount so proposed is accepted, either orally or in writing by the tenant, and if the landlord, after notice to attend, raises no objection, the rent so proposed may be settled
(1) If a Table of Rates is prepared, it shall specify -
(a) the class or several classes of land for which, having regard to the nature of the soil, situation, means of irrigation, and other like considerations, it is in the opinion of the Revenue-officer necessary or practicable to fix a rate or different rates of rent; and
(b) the rate or rates of rent fairly and equitably payable by tenants holding land of each such class whose rent is liable to alteration.
(2) Local publication of Table. - When the Revenue-officer had prepared the Table of Rates he shall publish it in the local area, estate, tenure or village to which it relates, in the vernacular language prevailing in the district, and in the prescribed manner.
(3) Revenue-officer to deal with
When a Table of Rates has been confirmed under section 104B, sub-section (5), the Revenue-officer may settle all or any of the rents and prepare the Settlement Rent-roll on the basis of the rates shown in the Table, by calculating the rental of each tenure or each holding of a raiyat or under-raiyat on the area of such tenure or holding at the said rates:
Provided that the Revenue-officer shall not be bound to apply the said rates in any particular case in which he may consider it unfair or inequitable to do so.
In framing a Table of Rates under section 104B, and in settling rents under section 104C, the Revenue-officer shall be guided by such rules as the State Government may make in this behalf, and shall, so far as may be, and subject to the proviso to the said section 104C, have regard to the general principles of this Act regulating the enhancement or reduction of rents.
(1) When a Settlement Rent-roll for a local area, estate, tenure, or village or part thereof has been prepared, the Revenue-officer shall cause a draft of it to be published in the prescribed manner and for the prescribed period, and shall receive and consider any objections made to any entry therein, or omission therefrom, during the period of publication, and shall dispose of such objections according to such rules as the State Government may make.
(2) The Revenue-officer may, of his own motion or on the applications of any party aggrieved, at any time before a Settlement Rent-roll is submitted to the confirming authority under section 104F, revise any rent entered therein:
Provided that no such entry shall be revised until reasonable notice has been given to the parties concerned to appear and be heard in the matter.
(1) When all objections have been disposed of under section 104E, the Revenue-officer shall submit the Settlement Rent-roll to the confirming authority, with a full statement of the grounds of his proposals and a summary of the objections (if any) which he has received.
(2) The confirming authority may sanction the Settlement Rent-roll, with or without amendment, or may return it for revision :
Provided that no entry shall be amended, or omission supplied, until resonable notice has been given to the parties concerned to appear and be heard in the matter.
(3) After sanction by the confirming authority, the Revenue-officer shall finally frame the Settlement Rent-roll and shall incorporate it with the record-of-rights published in draft under section 103A.
(1) An appeal, if presented within two months from the date of the order appealed against, shall lie from every order passed by a Revenue-officer prior to the final publication of the record-of-rights on any objection made under section 104B, sub-section (3), or section 104E; and such appeal shall lie to the prescribed superior Revenue authority.
(2) The Board of Revenue may, in any case under this Part, on application or of its own motion, direct the revision of any record-of-rights or any portion of a record-of-rights at any time within two years from the date of the certificate of final publication, but not so as to affect any order passed by a Civil Court under section 104H:
Provided that no such direction shall be made until reasonable notice has been given to the parties concerned to appear and be heard in the matter.
(1) Any person aggrieved by an entry of a rent settled in a Settlement Rent-roll prepared under sections 101A to 104F and incorporated in a record-of-rights finally published under section 103A, or by an omission to settle a rent for entry in such Settlement Rent-roll, may institute a suit in the Civil Court which would have jurisdiction to entertain a suit for the possession of the land to which the entry relates or in respect of which the omission was made.
(2) Such suit must be instituted within six months from the date of the certificate of final publication of the record-of-rights, or, if an appeal has been presented to a Revenue authority under section 104G, then within six months from the date of the disposal of such appeal.
(3) Such suit may be instituted on any of the following grounds, and on no others, namely:-
Subject to the provisions of section 104H, all rents settled under sections 104A to 104F, and entered in a record-of-rights finally published under section 103A, or settled under section 104G, shall be deemed to have been correctly settled and to be fair and equitable rents within the meaning of this Act.
(1) When, in any case in which a settlement of land-revenue is not being made or is not about to be made, either the landlord or the tenant applies, within four months from the date of the certificates of the final publication of the record-of-rights under section 103A, sub-section (2), for a settlement of rent, the Revenue-officer shall settle a fair and equitable rent in respect of the land held by the tenant.
Explanation.- A superior landlord may apply for a settlement of rent notwithstanding that his estate or tenure or part thereof has been temporarily leased.
(2) When, in any case in which a settlement of land-revenue is not being made or is not about to be made, the Revenue-officer has recorded, in pursuance of clause (j) of section 102, that the occupant of any land claimed to be held rent-free is not entitled to hold it without
Where, in any proceedings for the settlement of rents under this Part, any of the following issues arise:-
(a) whether the land is, or is not, liable to the payment of rent;
(b) whether the land, although entered in the record-of-rights as being held rent-free, is liable to the payment of rent;
(c) whether the relation of landlord and tenants exists;
(d) whether the land has been wrongly recorded as part of a particular estate or tenancy, or wrongly omitted from the lands of an estate or tenancy;
(e) whether the tenant belongs to a class different from that to which he is shown in the record-of-rights as belonging;
(f) whether the special conditions and inciden
When any issue is raised under section 105A, the party raising it shall pay, in addition to any other Court-fees which he may be liable to pay, such Court-fees as he would have been liable to pay if he had claimed relief under section 106.
Except for reasons to be recorded in writing, no Revenue-officer shall award to any party any portion of his costs in a proceeding under section 105.
(1) In proceedings under this Part, a suit may be instituted before a Revenue-officer at any time within four months from the date of the certificate of the final publication of the record-of-rights under sub-section (2) of section 103A of this Act, by presenting a plaint on stamped paper, for the decision of any dispute regarding any entry which a Revenue-officer has made in, or any omission which the said officer has made from, the record, whether such dispute be between landlord and tenant, or between landlords of the same or of neighbouring estates, or between tenant and tenant, or as to whether the relationship of landlord and tenant exists, or as to whether land held rent-free is properly so held, or as to any other matter;
and the Revenue-officer shall hear and decide the dispute:
Provided that the Revenue-officer may, subject to
Section 106 of the Bengal Tenancy Act, 1885, is a pivotal provision governing disputes related to land records, tenancy rights, and rent assessments. It provides a summary mechanism for the correction of entries in the record-of-rights and addresses issues of possession and tenancy status, often serving as a preliminary step before civil litigation.
Section 106 authorizes Revenue Officers to hear and decide disputes concerning entries in the record-of-rights, particularly relating to possession, tenancy, and rent. It stipulates that, in the absence of a contract, local law, or usage to the contrary, leases for agricultural land are deemed to be from year to year, terminable on six months' notice. The section also provides that decisions made under this section, if not appealed within the prescribed period, have the force of a decree of a civil court, subject to certain conditions.
Section 106 functions as a summary adjudicatory process aimed at expeditious resolution of disputes over land records and tenancy rights. It is not a substitute for a full civil suit where questions of title are involved. Its decisions are binding only for the specific dispute and do not operate as res judicata on titles or ownership rights, especially when the decision is beyond the jurisdiction of the Revenue Officer (e.g., questions of ownership or rent-free grants). It also applies to correction of entries in the record-of-rights, which are presumed to be correct unless challenged properly.
The Bengal Tenancy Act, 1885, does not prescribe specific punishments under Section 106 for violations. However, unauthorized or collusive decisions, or decisions made without jurisdiction, can be challenged in civil courts, and such decisions may be declared void or without legal effect. Penalties or punishments for contempt or illegal acts are generally governed by the general law or other specific provisions.
This concise commentary synthesizes judicial interpretations, statutory limits, and procedural considerations relevant to Section 106 of the Bengal Tenancy Act, 1885, highlighting its scope, limitations, and legal consequences.
In all proceedings under section 105, section 105A and section 106, the Revenue-officer shall, subject to rules made by the State Government under this Act adopt the procedure laid down in the Code of Civil Procedure, 1908 for the trial of suits; and his decision in every such proceeding shall have the force and effect of a decree of a Civil Court in a suit between the parties, and, subject to the provisions of sections 108 and 115C shall be final.
Any Revenue-officer specially, empowered by the State Government in this behalf may, on application or of his own motion, within twelve months from the making of any order or decision under section 105, section 105A, section 106 or section 107, revise the same, whether it was made by himself or by any other Revenue-officer, but not so as to affect any order passed or decree made under section 115C:
Provided that no such order or decision shall be so revised if an appeal from it has been filed under section 115C or until reasonable notice has been given to the parties concerned to appear and be heard in the matter.
Transferred as section 115B. by s. 74 of the Bengal Tenancy (Amendment) Act, 1928 (Ben. Act IV of 1928).
Subject to the provisions of section 115C, a Civil Court shall not entertain any application or suit concerning any matter which is or has already been the subject of an application made, suit instituted or proceedings taken under sections 105 to 108 (both inclusive) :
Provided that nothing contained in this section shall debar a Civil Court from entertaining a suit concerning any matter which-
(a) was the subject-matter of an application under section 105, or section 105A, or of a suit under section 106, if such application or suit has been dismissed for default or withdrawn, or
(b) has not been finally adjudicated upon in any such proceeding or suit.
Transferred as section 115C, by s. 76 of the Bengal Tenancy (Amendment) Act, 1928 (Ben. Act IV of 1928).
In all proceedings under this Chapter, the Revenue- officer may presume that an agreement or compromise made or entered into by any landlord and his tenant is lawful;
but, when the terms of the agreement or compromise are such as might unfairly or inequitably affect the rights of third parties, he shall not give effect to such agreement or compromise until he has given reasonable notice to such third parties to appear and be heard in the matter and unless and until he is satisfied that the statements made by the parties to the agreement or compromise are correct.
(1) Notwithstanding anything contained in section 109B, if, in any case while the record is being prepared, the landlord and tenant agree as to the rent which shall be recorded as payable for the tenure or holding,
a Revenue-officer may, if he is satisfied that the rent agreed upon is fair and equitable, but not otherwise, settle such rent as a fair and equitable rent, although the terms of the agreement are such that, if they were embodied in a contract, they could not be enforced under this Act;
and the provisions of section 113 shall apply to a rent so settled.
(2) A landlord or tenant may appeal to the Special Judge appointed under section 115C, on the ground that the rent settled by the Revenue-officer, under sub-section (1), as a fair and equitable rent, was not agreed to by such landlor
A note of all rents settled under section 105, of all decisions of issues under section 105A or section 106 and of all orders regarding the same on appeal or revision under section 108 or section 115C shall be made in, or appended to, the record-of-rights finally published under sub-section (2) of section 103A, and such notes shall be considered as part of the record.
When a rent is settled by a Revenue-officer under this Chapter, it shall take effect from the beginning of the agricultural year next after the date of the decision fixing the rent or (if a settlement of land-revenue is being or is about to be made) the date of final publication of the record-of-rights:
Provided as follows :-
(a) if the land is comprised in an area, estate or tenure in respect of which a settlement of land-revenue is being or is about to be made, the rent settled shall, subject to the provisions of section 191, take effect from the expiration of the period of the current settlement, or from such other date after the expiration of that period as may be fixed by the Revenue-officer;
(b) if the land is not comprised in an area, estate or tenure as aforesaid, and if the existing r
When an order has been made under section 101, directing the preparation of a record-of-rights, then, subject to the provisions of section 104H, a Civil Court shall not,-
(a) where a settlement of land-revenue is being or is about to be made-until after the final publication of the record-of-rights, and
(b) where a settlement of land-revenue is not being made or is not about to be made - until four months after the final publication of the record-of-rights,
entertain any application made under section 158, or any suit or application for the alteration of the rent or the determination of the status of any tenant in the area to which the record-of-rights applies.
No suit shall be brought in any Civil Court in respect of any order directing the preparation of a record-of-rights under this Chapter, or in respect of the framing, publication, signing or attestation of such a record or of any part of it, or, save as provided in section 104H, for the alteration of any entry in such a record of a rent settled under sections 104A to 104F:
Provided that any person who is dissatisfied with any entry in or omission from a record-of-rights framed in pursuance of an order made under section 101, sub-section (2), clause (d), which concerns a right of which he is in possession, may institute a suit for declaration of his right under Chapter VI of the Specific Relief Act, 1877.
(1) Where a record-of-rights has been prepared and finally published in respect of the land in any area in which a settlement of land-revenue is not being made, or is not about to be made, no application or suit affecting such land or any tenant thereof shall, within four months from the date of the certificate of final publication of such record-of-rights, be made or instituted in any Civil Court for the decision of any of the following issues, namely :-
(a) whether the land is or is not liable to the payment of rent;
(b) whether the relation of landlord and tenant exists;
(c) whether the land is part of a particular estate or tenancy; or
(d) whether there is any special condition or incident of the tenancy, or where any right of way or other easem
(1) The State Government may, on being satisfied that the exercise of the powers hereinafter mentioned is necessary in the interests of public order or of the local welfare,
or that any landlord is demanding or exacting rents in excess of the rents entered as payable in a record-of-rights prepared under this Chapter, or of the rents payable by reason of enhancements lawfully made after the final publication of such record, invest a Revenue-officer with the following powers or either of them, namely :-
(a) power to settle all rents;
(b) power, when settling rents, to reduce rents, if in the opinion of the officer, the maintenance of existing rents would on any ground, whether specified in this Act or not, be unfair or inequitable.
(2) The powers give
(1) When the rent of a tenure or holding is settled under this Chapter, it shall not, except on the ground of a landlord’s improvement or of a subsequent alteration in the area of the tenure or holding, be enhanced, in the case of a tenure or an occupancy-holding or the holding of an under-raiyat having occupancy rights, for fifteen years, and, in the case of a non-occupancy-holding or the holding of an under-raiyat not having occupancy rights, for five years; and no such rent shall be reduced within the periods aforesaid save on the ground of alteration in the area of the holding or on the ground specified in section 38, clause (a).
(2) The said period of fifteen years and five years shall be counted from the date on which the rent settled takes effect under this Chapter.
(1) When the preparation of a record-of-rights has been directed or undertaken under this Chapter, in any case except where a settlement of land-revenue is being or is about to be made, the expenses incurred in carrying out the provisions of this Chapter in any local area, estate, tenure or part thereof (including expenses that may be incurred at any time. whether before or after the preparation of the record-of-rights, in the maintenance, repair or restoration of boundary marks and other survey marks erected for the purpose of carrying out the provisions of this Chapter), or such part of those expenses as the State Government may direct, shall be defrayed by the landlords, tenants and occupants of land in that local area, estate, tenure or part in such proportions and in such instalments (if any) as the State Government, having regard to all the circumstances, may determine.
(2) T
When the particulars mentioned in section 102, clause (b), have been recorded under this Chapter in respect of any tenancy, the presumption under section 50 shall not thereafter apply to that tenancy.
In the demarcation of village boundaries for the purpose of making a survey and preparing a record-of-rights under this Chapter, a Revenue-officer shall, so far as is possible, and subject to the provisions of the Bengal Survey Act, 1875, preserve, as the unit of survey and record, the area contained within the exterior boundaries of the village maps of the revenue survey, or other survey, if any, adopted under clause (19) (b) of section 3 as defining villages;
and, where village maps prepared at such revenue or other survey exist, he shall not, without the sanction of the Board of Revenue, adopt any other area as such unit.
Any Revenue-officer specially empowered by the State Government in this behalf may, on application or of his own motion, within two years from the date of the certificate of the final publication of the record-of-rights under sub-section (2) of section 103A, correct any entry in such record-of-rights which he is satisfied has been made owing to a bona fide mistake:
Provided that no such correction shall be made if an appeal affecting such entry has been filed under section 115C, or until reasonable notice has been given to the parties concerned to appear and be heard in the matter.
(1) The State Government shall appoint one or more persons to be a Special Judge or Special Judges for the purpose of hearing appeals from the decisions of Revenue-officers under sections 105 to 108 (both inclusive) and section 115B.
(2) An appeal shall lie to the Special Judge from the decision of a Revenue-officer under sections 105 to 108 (both inclusive) and section 115B, and the provisions of the Code of Civil Procedure, 1908, relating to appeals shall, as nearly as may be, apply to all such appeals.
(3) Subject to the provisions of sections 100 to 103, section 107, section 108 and section 144 of, and Order XLII in Schedule I to the Code of Civil Procedure, 1908, an appeal shall lie to the High Court from the decision of a Special Judge in any case under this section (not being a decision settling a rent) as if he were a Court subor
(1) Nothing in Chapter V shall confer a right of occupancy in, and nothing in Chapter VI shall apply to, lands acquired or deemed to have been acquired under the Land Acquisition Act, 1894, or the Defence of India Rules made under the Defence of India Act, 1939, or the Requisitioned Land (Continuance of Powers) Act, 1947, or the West Bengal Land (Requisition and Acquisition) Act, 1948, or the West Bengal Land Development and Planning Act, 1948, or the West Bengal Requisitioned Land (Continuance of Powers) Act, 1951, or the Requisitioning and Acquisition of Immovable Property Act, 1952, or any other law for the time being in force providing for the compulsory acquisition of land for the Government or for any local authority or for a Railway Company, or lands belonging to the Government within a Cantonment, while such lands remained the property of the Government, or of any local authority or Railway Company or lands owned by t
The State Government may, from time to time, make an order directing a Revenue-officer to make a survey and record of all the lands in a specified local area which are a proprietor’s private lands within the meaning of section 116.
In the case of any land alleged to be a proprietor’s private land, on the application of the proprietor or of any tenant of the land, and on his depositing the required amount for expenses, a Revenue-officer may, subject to and in accordance with rules made in this behalf by the State Government, ascertain and record whether the land is or is not a proprietor’s private land.
When a Revenue-officer proceeds under section 117 or 118, the provisions of sections l03A, 103B, 106, 107 108, 109 and 115C shall apply.
(1) The Revenue-officer shall record as a proprietor’s private land-
(a) land which is proved to have been cultivated as khamar, zirat, sir, nij, nij-jot or khamat by the proprietor himself with his own stock or by his own servants or by hired labour for twelve continuous years immediately before the passing of this Act, and
(b) cultivated land which is recognised by village usage as proprietor’s khamar, zirat, sir, nij, nij-jot or khamat.
(2) In determining whether any other land ought to be recorded as a proprietor’s private land, the officer shall have regard to local custom, and to the question whether the land was before the second day of March, 1883, specifically let as proprietor’s private land, and to any other evidence that may be produced; but shall presume that land is not a proprie
Repealed by s. 87 of the Bengal Tenancy (Amendment) Act. 1928 (Ben. Act IV of 1928).
The High Court may, from time to time, with the approval of the State Government, make rules, consistent with this Act declaring that any portions of the Code of Civil Procedure, 1908, shall not apply to suits between landlord and tenant as such or to any specified classes of such suits, or shall apply to them subject to modifications specified in the rules.
(2) Subject to any rules so made and subject also to the other provisions of this Act, the Code of Civil Procedure, 1908, shall apply to all such suits.
(1) The cause of action in all suits between landlord and tenant as such shall, for the purposes of the Code of Civil Procedure, 1908, be deemed to have arisen within the local limits of the jurisdiction of the Civil Court which would have jurisdiction to entertain a suit for the possession of the tenure or holding in connection with which the suit is brought and no suit between landlord and tenant as such shall be instituted in any Court other than a Court within the local jurisdiction of which the lands of the tenure or holding, as the case may be, are wholly or partly situated.
(2) A landlord may institute one suit in respect of the rent of more than one tenancy, if the tenancies, in respect of the rent of which the suit is brought, are held in similar right and equal status by the same tenant under him:
Provided that-
Every naib or gumashta of a landlord empowered in this behalf by a written authority under the hand of the landlord shall, for the purposes of every such suit or application, be deemed to be the recognised agent of the landlord within the meaning of the Code of Civil Procedure, 1908, notwithstanding that the landlord may reside within the local limits of the jurisdiction of the Court in the suit is to be instituted or is pending, or in which the application is made:
Provided that notwithstanding anything contained in the Code of Civil Procedure, 1908, every such naib or gumashta may verify the pleadings on behalf of the landlord and shall not be required to obtain the permission of the Court for the purpose of such verification.
The particulars mentioned in Rule 1 of Order VII in Schedule I to the Code of Civil Procedure, 1908 shall, in the case of such suits, instead of being entered in the register of civil suits prescribed by Rule 2 of Order IV in Schedule I to the said Code, be entered in a special register to be kept by each Civil Court, in such form as the State Government may, from time to time, prescribe in this behalf.
(1) Notwithstanding anything contained in the Indian Contract Act, 1872, all co-sharer tenants in a tenure or holding and their successors-in-interest shall be liable to the landlord jointly and severally for the rent payable to such landlord on account of the tenure or holding, whether such rent has accrued during the time of their own occupation or during the time of the occupation of their predecessors-in-interest.
(2) Notwithstanding anything contained elsewhere in this Act or in any other law, a decree for arrears of rent of a tenure or holding and a sale in execution of such decree shall be valid against all the co-tenants, whether they have been made parties defendant to the suit or not and against the holding in the manner provided in Chapter XIV, if the defendants to the suit represented the entire body of co-sharer tenants in the tenure or holding for the rent of which th
(1) Notwithstanding anything contained in the Indian Limitation Act, 1908, any person who claims that he should have been joined as a co-sharer tenant defendant in a suit for the recovery of arrears of rent due in respect of a tenure or holding may at any time before the hearing of the suit has been commenced apply to be made a party defendant to the suit, and the Court shall consider his claim, and if it finds that he should have been so joined shall join him as a party defendant:
Provided that if any such person at any time in the course of such suit pays into Court the full amount of the claim together with such costs as the Court may direct, the suit shall be dismissed and in any such case the provisions of section 17 shall apply.
(2) The provisions of sub-sections (2) and (3) of section 146A shall, so far as may be, apply in the cas
(1) Subject to the provisions of Rule 1 of Order XXIII in Schedule I to the Code of Civil Procedure, 1908 where a landlord has instituted a suit against a raiyat for the recovery of any rent, of his holding, the landlord shall not institute another suit against him for the recovery of any rent of that holding until after nine months from the date of the institution of the previous suit.
(2) Nothing in sub-section (1) nor in Rule 2 of Order II in Schedule I to the Code of Civil Procedure, 1908, shall be deemed to prevent a landlord instituting a suit for a portion of the arrears of rent in respect of a holding, provided that-
(a) the claim in such suit shall be for the rent or the balance of the rent due for a complete agricultural year or years; and
(b) the plaint shall contain in addition to
In all areas for which a record-of-rights has been prepared and finally published under sub-section (2) of section 103A, a Civil Court shall, in all suits between landlord and tenant as such, have regard to the entries in such record-of-rights relating to the subject-matter in dispute which may be produced before it, unless such entries have been proved by evidence to be incorrect; and when a Civil Court passes a decree at variance with such entries, it shall record its reasons for so doing.
The following rules shall apply to suits for the recovery of rent :-
(a) sections 68 to 72 of the Code of Civil Procedure, 1908, and Rules 1 to 13 of Order XI, Rule 83 of Order XXI and Rule 2 of Order XLVIII in Schedule I to the said Code, and Schedule III to the said Code, shall not apply to any such suit;
(b) the plaint shall contain, in addition to the particulars, specified in Rules 1, 2, 4, 5 and 6 and sub-rule (2) of Rule 9 of Order VII in Schedule I to the Code of Civil Procedure, 1908, a statement of the situation, designation, extent and boundaries of the land held by the tenant; or, where the plaintiff is unable to give the extent, or boundaries, in lieu thereof a description sufficient for identification. The plaint shall further contain a statement whether a record-of-rights has been prepared and finally published in respect
(1) A co-sharer landlord may institute a suit to recover the rent due to him in respect of his share in a tenure or holding, by making an the remaining co-sharer landlords parties defendant to the suit, and claiming that relief be granted to him in respect of his share of the rent against the entire tenure or holding.
(2) On the plaint being admitted, the Court shall by summons in the prescribed form call upon the remaining co-sharer landlords aforesaid to join in the suit as co-plaintiffs for their shares of the rent due to them in respect of the tenure or holding up to the date of the institution of the suit.
(3) On the date named in the summons for his appearance or on any subsequent date fixed by the Court in this behalf, any co-sharer landlord, who has been summoned as defendant, may apply to be joined in the suit as a co-plaintiff,
(1) When a defendant admits that money is due from him on account of rent, but pleads that it is due not to the plaintiff but to a third person, the Court shall refuse to take cognizance of the plea unless the defendant pays into Court the amount so admitted to be due.
(2) Where such a payment is made, the Court shall forthwith cause notice of the payment to be served on the third person.
(3) Unless the third person within three months from the receipt of the notice institutes a suit against the plaintiff and therein obtains an order restraining payment out of the money, it shall be paid out to the plaintiff on his application.
(4) Nothing in this section shall affect the right of any person to recover from the plaintiff money paid to him under sub-section (3).
When a defendant admits that money is due from him to the plaintiff on account of rent, but pleads that the amount claimed is in excess of the amount due, the Court shall refuse to take ,cognizance of the plea unless the defendant pays into Court the amount so admitted to be due.
When a defendant is liable to pay money into Court under section 149 or 150, if the Court thinks that there are sufficient reasons for so ordering, it may take cognizance of the defendant’s plea on his paying into Court such reasonable portion of the money as the Court directs.
When a defendant pays money into Court under either of the said sections, the Court shall give the defendant a receipt, and the receipt so given shall operate as an acquittance in the same manner and to the same extent as if it had been given by the plaintiff or the third person, as the case may be.
An appeal shall not lie from any decree or order passed, whether in the first instance or on appeal, in any suit instituted by a landlord for the recovery of rent where -
(a) the decree or order is passed by a District Judge, Additional Judge or Subordinate Judge, and the amount claimed in the suit does not exceed one hundred rupees; or
(b) the decree or order is passed by any other judicial officer specially empowered by the High Court to exercise final jurisdiction under this section, and the amount claimed in the suit does not exceed fifty rupees;
unless in either case the decree or order has decided a question relating to title to land or to some interest in land as between parties having conflicting claims thereto, or a question of a right to enhance or vary the rent of a tenant, or a que
Every application for an order under Rule 13 of Order IX in Schedule I to the Code of Civil Procedure, 1908 to set aside a decree passed ex parte, or for a review of judgment; under section 114 and Rule 1 of Order XLVII in Schedule I to the said Code, in a suit between a landlord and tenant as such, shall contain a statement of the injury sustained by the applicant by reason of the decree or judgment;
and no such application shall be admitted-
(a) unless the applicant has, at or before the time when the application is admitted, deposited in the Court to which the application is presented the amount, if any, which he admits to be due from him to the decree-holder, or such amount as the Court may, for reasons to be recorded by it in writing, direct; or
(b) unless the Court, after considering the
A decree for enhancement of rent under this Act, if passed in a suit instituted in the first eight months of an agricultural year, shall ordinarily take effect on the commencement of the agricultural year next following; and, if passed in a suit instituted in the last four months of the agricultural year, shall ordinarily take effect on the commencement of the agricultural year next but one following; but nothing in this section shall prevent the Court from fixing, for special reasons, a later date from which any such decree shall take effect.
(1) A suit for the ejectment of a tenant, on the ground-
(a) that he has used the land in a manner which renders it unfit for the purposes of the tenancy, or
(b) that he has broken a condition on breach of which he is, under the terms of a contract between him and the landlord, liable to ejectment,
shall not be entertained unless the landlord has served, in the prescribed manner, a notice on the tenant specifying the particular misuse or breach complained of, and, where the misuse or breach is capable of remedy, requiring the tenant to remedy the same, and, in any case, to pay reasonable compensation for the misuse or breach, and the tenant has failed to comply within a reasonable time with that request.
(2) A decree passed in favour of a landlord i
The following rules shall apply in the case of every raiyat or under-raiyat ejected from a holding-
(a) when the raiyat or under-raiyat has, before the date of his ejectment, sown or planted crops in any land comprised to the holding, he shall be entitled, at the option of the landlord, either to retain possession of that land and to use it for the purpose of tending and gathering in the crops, or to receive from the landlord the value of the crops as estimated by the Court executing the decree for ejectment;
(b) when the raiyat or under-raiyat has, before the date of his ejectment, prepared for sowing any land comprised in his holding, but has not sown or planted crops in that land, he shall be entitled to receive from the landlord the value of the labour and capital expended by him in so preparing the land, as estimated by the Court ex
When a plaintiff institutes a suit for the ejectment of a trespasser he may, if he thinks fit, claim as alternative relief that the defendant be declared liable to pay for the land in his possession a fair and equitable rent to be determined by the Court, and the Court may grant such relief accordingly.
Repealed by s. 99 of the Bengal Tenancy (Amendment) Act. 1928 (Ben. Act IV of 1928).
.-(1) Where a tenure or holding is sold in execution of a decree for arrears due in respect thereof, the purchaser shall take subject to the interests defined in this Chapter as "protected interests", but with power to annul the interests defined in this Chapter as "incumbrances" :
Provided as follows:-
(a) a registered and notified incumbrance within the meaning of this Chapter shall not be so annulled except in the case hereinafter mentioned in that behalf;
(b) the power to annul shall be exercisable only in manner by this Chapter directed.
(2) Notwithstanding anything contained in the Code of Civil Procedure, 1908, whenever a tenure or holding is sold in execution of a decree for arrears of rent and the sale is confirmed, the purchase shall take
The following shall be deemed to be protected interests within the meaning of this Chapter:-
(a) any under-tenure existing from the time of the Permanent Settlement;
(b) any under-tenure recognized by the settlement proceedings of any current temporary settlement as a tenure at a rent fixed for the period of that settlement;
(c) any lease of land whereon dwelling houses, manufactories or other permanent buildings have been erected, or permanent gardens, plantations, tanks, canals, places of worship or burning or burying grounds have been made;
(d) any right of occupancy;
(e) the right of a non-occupancy-raiyat to hold for five years at a rent fixed under Chapter VI by a Court, or under Chapter X by a Rev
For the purposes of this Chapter-
(a) the term "incumbrance", used with reference to a tenancy means any lien, sub-tenancy, easement or other right or interest created by the tenant on his tenure or holding or in limitation of his own interest therein, and not being a protected interest as defined in section 160;
(b) the term "registered and notified incumbrance", used with reference to a tenure or holding sold or liable to sale in execution of a decree for an arrear of rent due in respect thereof, means an incumbrance created by a registered instrument, of which a copy has, not less than three months before the accrual of the arrear, been served on the landlord in manner hereinafter provided;
(c) the terms "arrears" and "arrear of rent" shall be deemed to include interest decreed under sectio
When a decree has been passed for an arrear of rent due for a tenure or holding, and the decree-holder applies under Rule 11 (2) of Order XXI in Schedule I to the Code of Civil Procedure, 1908, for the attachment and sale of the tenure or holding in execution of the decree, he shall produce a. statement showing the pargana, estate and village in which the land comprised in the tenure or holding is situate, the yearly rent payable for the same and the total amount recoverable under the decree.
(1) Notwithstanding anything contained in the Code of Civil Procedure, 1908, when the decree-holder makes the application mentioned in section 162, the Court, if it admits the application under Rule 17 of Order XXI in Schedule I to the said Code and orders execution of the decree as applied for, shall issue a combined order of attachment and proclamation in the prescribed form.
(2) The proclamation shall, in addition to stating and specifying the particulars mentioned in Rule 66 of Order XXI in Schedule I to the said Code, announce -
(a) in the case of a tenure or a holding of a raiyat holding at fixed rates, that the tenure or holding will first be put up to auction subject to the registered and notified incumbrances, and will be sold subject to those incumbrances if the sum bid is sufficient to liquidate the amount of the decree and co
(1) When tenure or holding at fixed rates has been advertised for sale under section 163, it shall be put up to auction subject to registered and notified incumbrances; and, if the bidding reaches a sum sufficient to liquidate the amount of the decree and costs, including the costs of sale, the tenure or holding shall be sold subject to such incumbrances.
(2) The purchaser at a sale under this section may, in manner provided by section 167, and not otherwise, annul any incumbrance upon the tenure or holding not being a registered and notified incumbrance.
(1) If the bidding for a tenure or a holding at fixed rates put up to auction under section 164 does not reach a sum sufficient to liquidate the amount of the decree and costs as aforesaid, and if the decree-holder thereupon desires that the tenure or holding be sold with power to avoid all incumbrances, the officer holding the sale shall adjourn the sale and make a fresh proclamation in accordance with the procedure provided in sub-section (3) of section 163, announcing that the tenure or holding will be put up to auction and sold with power to avoid all incumbrances upon a future day specified therein, not less than fifteen or more than thirty days from the date of the postponement; and upon that day the tenure or holding shall be put up to auction and sold with power to avoid all incumbrances.
(2) The purchaser at a sale under this section may, in manner provided by section 167,
(1) When an occupancy holding not held at fixed rates has been advertised for sale under section 163, it shall be put up to auction and sold with power to avoid all incumbrances.
(2) The purchaser at a sale under this section may, in manner provided section 167, and not otherwise, annul any incumbrance on the holding.
(1) A purchaser having power to annul an incumbrance under sections 164, 165 or 166 or under the Bengal Public Demands Recovery Act, 1913, and desiring to annul the same, may, within one year from the date of the confirmation of the sale or the date on which he first has notice of the incumbrance, whichever is later, present to the Court which passed the decree or the Revenue-officer who made -the order, as the case may be, for sale of the property an application in writing, requesting him to serve on the incumbrancer a notice declaring that the incumbrance is annulled.
(2) Every such application must be accompanied by such fee for the service of the notice as the Board of Revenue may fix in this behalf.
(3) When an application for service of a notice is made in manner provided by this section, the Court or Revenue-officer, as the case m
(1) The State Government may, from time to time, by notification in the Official Gazette, direct that occupancy-holdings or any specified class of occupancy-holdings in any local area put up for sale in execution of a decree for an arrear of rent due on them shall, before being put up with power to avoid all incumbrances, be put up subject to registered and notified incumbrances, and may by like notification rescind any such direction.
(2) While any such direction remains in force in respect of any local area, all occupancy-holdings, or, as the case may be, occupancy-holdings of the specified class in that local area, shall, for the purposes of sale under sections 159 to 167 of this Chapter, be treated in all respects as if they were tenures.
(1) Notwithstanding anything contained elsewhere in this Act, or in any other law, or in any contract-
(a) a decree for arrears of rent due in respect of a tenure or holding, whether having the effect of a rent decree or money decree, or a certificate for such arrears signed under the Bengal Public Demands Recovery Act, 1913, shall not be executed by the attachment and sale of any movable or immovable property other than the entire-tenure or holding to which the decree or certificate relates:
Provided that the provisions of this clause shall not apply if, in any manner other than by surrender of the tenure or holding, the term of the tenancy expires before an application is made for the execution of such a decree or certificate;
(b) the purchaser at a sale referred to in clause (a) shall be li
(1) In disposing of the proceeds of a sale under this Chapter other than a sale in execution of a decree in a suit instituted under sub-section (1) of section l48A the following rules, instead of those contained in section 73 of the Code of Civil Procedure, 1908, shall be observed, that is to say :
(a) there shall first be paid to the decree-holder the costs incurred by him in bringing the tenure or holding to sale;
(b) there shall, in the next place, be paid to the decree-holder the amount due to him under the decree in execution of which the sale was made;
(c) if there remains a balance after these sums have been paid, there shall be paid to the decree-holder therefrom the costs of the application under this section and any rent which may have fallen due to him in respect of the tenure or ho
(1) Rules 58 to 63 (both inclusive) of Order XXI in Schedule I to the Code of Civil Procedure, 1908 shall not apply to a tenure or holding attached in execution of a decree for arrears due thereon.
(2) When an order for the sale of a tenure or holding in execution of such a decree has been made, the tenure or holding shall not be released from attachment unless, before it is knocked down to the auction-purchaser, the amount of the decree, including the costs decreed, together with the costs incurred in order to the sale, is paid into Court, or the decree-holder makes an application for the release of the tenure or holding on the ground that the decree has been satisfied out of Court.
(3) The judgment-debtor, or any person whose interests are affected by the sale, may pay money into Court under this section.
&nb
(1) When any person whose interests are affected by the sale of a tenure or holding advertised for sale under this Chapter or in execution of a certificate for arrears of rent due in respect thereof, signed under the Bengal Public Demands Recovery Act, 1913, pays into Court the amount requisite to prevent the sale,-
(a) the amount so paid by him shall be deemed to be a debt bearing interest at twelve per centum per annum and secured by a mortgage of the tenure or holding to him;
(b) his mortgage shall take priority of every other charge on the tenure or holding other than a charge for arrear of rent; and
(c) he shall be entitled to possession of the tenure or holding as mortgagee of the tenant, and to retain possession of it as such until the debt, with the interest due thereon, has been disch
When a tenure or holding is advertised for sale-
(a) under this Chapter, in execution of a decree against a superior tenant defaulting, or
(b) in execution of a certificate, signed under the Bengal Public Demands Recovery Act, 1913, for arrears of rent due in respect of the tenure or holding from a superior tenant defaulting,
or when such sale is set aside under section 174-
and an inferior tenant pays money into Court in order to prevent or set aside the sale, as the case may be, such inferior tenant may, in addition to any other remedy provided for him by law, deduct the whole or any portion of the amount so paid from any rent payable by him to his immediate landlord; and that landlord, if he is not the defaulter, may, in like manner, deduct the a
(1) Notwithstanding anything contained in Rule 72 of Order XXI in. Schedule I to the Code of Civil Procedure, 1908 the holder of a decree in execution of which a tenure or holding is sold under this Chapter may, without the permission of the Court, bid for or purchase the tenure or holding.
(2) The judgment-debtor shall not bid for or purchase a tenure or holding so sold.
(3) When a judgment-debtor purchases by himself or through another person a tenure or holding so sold, the Court may, if it thinks fit, on the application of the decree-holder or any other person interested in the sale, by order and any deficiency of price which may happen on the resale, and all expenses attending it, shall be paid by the judgment-debtor.
(1) Rules 89 and 90 of Order XXI in Schedule I to the Code of Civil Procedure, 1908, shall not apply in cases where a tenure or holding has been sold for arrears of rent due thereon, but in such cases the judgment-debtor, or any person whose interests are affected by the sale, may, at any time within thirty days from the date of the sale apply to the Court to set aside the sale, on his depositing -
(a) for payment to the decree-holder, the amount recoverable under the decree up to the date when the deposit is made, with costs;
(b) for payment to the auction-purchaser, as penalty a sum equal to five per cent. of the purchase-money, but not less than one rupee.
(2) Where a person makes an application under sub-section (3) for setting aside the sale of his tenure or holding he shall not, unless h
(1) Where no application is made under sub-section (1) of section 174 within thirty days from the date of sale or where such application is made and disallowed, the Court shall make an order confirming the sale and thereupon the sale shall become absolute.
(2) Where such application is made and allowed, and where in the case of an application under sub-section (1) of section 174, the deposit required by that sub-section is made within thirty days from the date of sale, the Court shall make an order setting aside the sale:
Provided that no order shall be made unless notice of the application has been given to all persons affected thereby.
(3) Where a sale is set aside under this section, the purchaser shall be entitled to an order against any person to whom the purchase money has been paid for
Repealed by s. 13 of the Bengal Tenancy (Amendment) Act, 1930 (Ben. Act 111 of 1930).
Every officer who has whether before or after the passing of this Act, registered an instrument executed by a tenant of a tenure or holding and creating an incumbrance on the tenure or holding, shall, at the request of the tenant or of the person in whose favour the incumbrance is created, and on payment by him of such fee as the State Government may fix in this behalf, notify the incumbrance to the landlord by causing a copy of the instrument to be served on him in the prescribed manner.
Nothing contained in this Chapter shall be deemed to enable a person to create an incumbrance which he could not otherwise lawfully create.
(1) Nothing in any contract between a landlord and a tenant made before or after the passing of this Act -
(a) shall bar in perpetuity the acquisition of an occupancy-right in land, or
(b) shall take away an occupancy-right in existence at the date of contract, or
(c) shall entitle a landlord to eject a tenant otherwise than in accordance with the provisions of this Act, or
(d) shall take away or limit the right of a tenant, as provided by this Act, to make improvements and claim compensation for them, or
(e) shall entitle a landlord to recover as rent, from a tenant whose rent is a share, as opposed to a fixed quantity of produce, produce in excess of half the gross produce of the holding for the year wh
Nothing in this Act shall be deemed to prevent a proprietor or a holder of a permanent tenure in a permanently settled area from granting a permanent mukarrari lease on any terms agreed on between him and his tenant :
Provided that such proprietor or holder shall not be entitled to recover interest at a rate exceeding that set forth in section 67 or anything that is an abwab or the recovery of which is illegal under the provisions of section 74 or sub-section (3) of section 77.
(1) Notwithstanding anything in this Act, a raiyat-
(a) who in any part of the country where the custom of utbandi prevails, holds land ordinarily let under that custom and for the time being let under that custom, or
(b) who holds land of the kind known as chur or dearah, shall not acquire a right of occupancy-
in case (a) in land ordinarily held under the custom of utbandi and for the time being held under that custom, or
in case (b), in the chur or dearah land,
until he has held the land in question for twelve continuous years and, until he, acquires a right of occupancy in the land, he shall be liable to pay such rent for his holding as may be agreed on between him and his landlord.
&nb
(1) Notwithstanding anything contained in section 180, when a raiyat who is or who but for the operation of section 180 in respect of land held under the custom of utbandi would have been, a settled raiyat of the village, holds or has held under the custom of utbandi, or under any form of tenancy locally known as utbandi land (hereinafter referred to as utbandi land), either the landlord or the raiyat may apply to have a uniform annual money rent determined for the land.
(2) The application shall include at the discretion of the applicant either-
(a) all utbandi lands held in the same village by the same raiyat under the same landlord in which the raiyat has required a right of occupancy whether under the provisions of section 180 or otherwise, or
(b) all the lands held in the same village und
Whenever an order under section 180A is passed determining a uniform annual money rent for any lands, such lands shall cease to be held as utbandi lands with effect from the date from which the new rent takes effect, and the tenant shall hold them as an occupancy-raiyat from the date of the order.
(1) Where a uniform annual money rent has been fixed under section 180A, the said rent shall not, except on the ground of a landlord’s improvement or of a subsequent alteration of the area of the holding, be enhanced for fifteen years; nor shall it be reduced for fifteen years, save on the ground of alteration in the area of the holding, or on the ground specified in clause (a) of sub-section (1) of section 38.
(2) The said period of fifteen years shall be counted from the date on which the order takes effect under sub-section (12) of section 180A.
Nothing in this Act shall affect any incident of a ghatwali or other service-tenure, or, in particular, shall confer a right to transfer or bequeath a service-tenure which, before the passing of this Act, was not capable of being transferred or bequeathed.
When a raiyat or an under-raiyat holds his homestead otherwise than as part of his holding within the same village or any village contiguous to that village, his status in respect of his homestead shall be that of a raiyat or an under-raiyat according to the status of the landlord of the homestead, and the incidents of his tenancy of such homestead shall be governed by the provisions of this Act applicable to raiyats or under-raiyats, as the case may be.
The Bengal Tenancy Act, 1885, was enacted to regulate the rights and responsibilities of landlords and tenants in Bengal. Section 182 specifically addresses the issue of homestead lands and the rights of tenants in relation to such lands.
Section 182 of the Bengal Tenancy Act, 1885, provides that a tenant cannot be ejected from homestead land without due process. It establishes the rights of tenants regarding their homestead lands, emphasizing the protection of their occupancy.
The scope of Section 182 is limited to homestead lands, which are defined as lands used for residential purposes and not primarily for agricultural activities. The section applies to all tenants occupying such lands, providing them with a degree of security against arbitrary eviction.
While Section 182 itself does not prescribe specific punishments, it implies that any unlawful eviction of a tenant from homestead land could lead to legal consequences for the landlord, including potential compensation claims by the tenant.
Homestead Definition - Section 182 applies to lands classified as homesteads, emphasizing that the nature of the land determines the applicability of the Tenancy Act. - [Jotindra Mohan Ghosh VS Kedar Nath Ghosh]
Agricultural vs Non-Agricultural - The distinction between agricultural and non-agricultural land is crucial; homestead lands can be considered agricultural if they are cultivated. - [Jotindra Mohan Ghosh VS Kedar Nath Ghosh]
Ejectment Process - Landlords must follow legal procedures for ejectment; failure to do so can result in the tenant's continued occupancy. - [Jotindra Mohan Ghosh VS Kedar Nath Ghosh]
Tenancy Rights - Tenants have rights under Section 182 that protect them from arbitrary eviction, reinforcing the need for due process. - [KIRITI BHUSHAN SAHA MANDAL VS TARUBALA DASI]
Applicability of Other Acts - The provisions of Section 182 may interact with other tenancy laws, such as the West Bengal Non-Agricultural Tenancy Act, 1949, particularly regarding definitions of land use. - [KIRITI BHUSHAN SAHA MANDAL VS TARUBALA DASI]
Judicial Interpretation - Courts have interpreted Section 182 to mean that the nature of land use (agricultural vs. non-agricultural) is pivotal in determining the rights of tenants. - [Chattopadhyay VS Biseswar Koer]
Tenure-Holders vs. Tenants - A distinction exists between tenure-holders and tenants; tenure-holders may not have the same protections under Section 182. - [KIRITI BHUSHAN SAHA MANDAL VS TARUBALA DASI]
Land Use Evidence - Courts rely on evidence of land use to determine whether Section 182 applies, highlighting the importance of agricultural activity in defining homesteads. - [Chattopadhyay VS Biseswar Koer]
Legislative Intent - The intent behind Section 182 is to provide security to tenants in their homesteads, reflecting a broader legislative goal of protecting tenant rights. -
Customary Rights - Local customs may influence the application of Section 182, although the Act aims to standardize tenant rights across Bengal. -
Impact of Amendments - Amendments to the Bengal Tenancy Act may affect the interpretation and enforcement of Section 182, necessitating ongoing legal scrutiny. -
Judicial Precedents - Previous court rulings have established precedents that reinforce the protections afforded to tenants under Section 182. -
Limitations on Ejectment - Section 182 imposes limitations on landlords regarding the ejectment of tenants, ensuring that tenants cannot be removed without just cause. -
Compensation for Unlawful Ejectment - Tenants may seek compensation if they are unlawfully ejected from homestead land, as implied by the protections of Section 182. -
Homestead Cultivation - The cultivation of homestead land can influence its classification under the Act, affecting tenant rights and landlord obligations. - [Jotindra Mohan Ghosh VS Kedar Nath Ghosh]
Legal Recourse - Tenants have legal recourse under Section 182 if they face unlawful eviction, reinforcing their rights within the tenancy framework. -
Historical Context - Understanding the historical context of the Bengal Tenancy Act is essential for interpreting Section 182 and its implications for modern tenancy law. -
Future Amendments - Future amendments to the Act may further clarify or alter the provisions of Section 182, impacting tenant rights and landlord responsibilities. -
Judicial Review - The judiciary plays a critical role in interpreting Section 182, ensuring that tenant rights are upheld in accordance with the law. -
Nothing in this Act shall affect any custom, usage or customary right not inconsistent with, or not expressly or by necessary implication modified or abolished by, its provisions.
(1) The suits, appeals and applications specified in Schedule III annexed to this Act shall be instituted and made within the time prescribed in that Schedule for them, respectively; and every such suit or appeal instituted, and application made, after the period of limitation so provided, shall be dismissed, although limitation has not been pleaded.
(2) Nothing in this section shall revive the right to institute any suit or appeal or make any application which would have been barred by limitation if it had been instituted or made immediately before the commencement of this Act.
Sections 6, 7, 8 and 9 and subsection (2) of section 29 of the Indian Limitation Act, 1908, shall not and, subject to the provisions of this Chapter, the remaining provisions of that Act, shall apply to all suits, appeals and applications specified in Schedule III annexed to this Act.
(1) If any person, otherwise than in accordance with this Act or some other enactment for the time being in force,-
(a) distrains or attempts to distrain the produce of a tenant’s holding, or
(b) Omitted
(c) except with the authority or consent of the tenant, prevents or attempts to prevent the reaping, gathering, storing, removing, or otherwise dealing with any produce of a holding,
he shall be deemed to have committed criminal trespass within the meaning of the Indian Penal Code.
(2) Any person who abets within the meaning of the Indian Penal Code the doing of any act mentioned in sub-section (1), shall be deemed to have abetted the commission of criminal trespass within the meaning of that Code.
Dam
(1) When, in any suit between a landlord and tenant as such, the tenant renounces his character as tenant of the landlord by setting up without reasonable or probable cause title in a third person or himself, the Court may pass a decree in favour of the. landlord for such amount of damages, not exceeding ten times the amount of the annual rent payable by the tenant, as it may consider to be just.
(2) The amount of damages decreed under sub-section (1), together with any interest accruing due thereon, shall, subject to the landlord’s charge for rent, be a first charge on the tenure or holding of the tenant; and the landlord may execute such decree for damages and interest, either as a decree for a sum of money, or in any of the modes in which a decree for rent may be executed.
(1) Any appearance application or act, in, before or to any Court or authority, required or authorized by this Act to be made or done by a landlord, may, unless the Court or authority otherwise directs, be made or done also by an agent empowered in this behalf by a written authority under the hand of the landlord.
(2) Every notice required by this Act to be served on, or given to, a landlord shall, if served on, or given to, an agent empowered as aforesaid to, accept service of or receive the same on behalf of the landlord, be as effectual for the purposes of this Act as if it had been served on, or given to, the landlord in person.
(3) Every document required by this Act to be signed or certified by a landlord, except an instrument appointing or authorizing an agent, may be signed or certified by an agent of the landlord authorized in w
(1) Subject to the provisions of section 148A, where two or more persons are co-sharer landlords, anything which the landlord is under this Act required or authorized to do must be done either by both or all those persons acting together or by an agent authorized to act on behalf of both or all of them :
Provided that one or more co-sharer landlords, if all the other co-sharer landlords are made parties defendant to the suit or proceeding in manner provided in sub-sections (1) and (2) of section 148A and are given the opportunity of joining in the suit or proceeding as co-plaintiffs or co-applicants, may-
(i) Omitted
(ii) bring a suit for enhancement of the rent of a tenure under section 7 or of a holding under section 30, or for alteration of rent on account of alteration in area under sectio
Repealed by s. 120 of the Bengal Tenancy (Amendment) Act, 1928 (Ben. Act IV of 1928).
The State Government may, from time to time, by notification in the Official Gazette, make rules consistent with this Act-
(1) to regulate the procedure to be followed by Revenue-officers in the discharge of any duty imposed upon them by or under this Act, and may by such rules confer upon any such officer-
(a) any power exercised by a Civil Court in the trial of suits;
(b) power to enter upon any land, and to survey, demarcate and make a map of the same, and any power exercisable by an officer under the Bengal Survey Act, 1875; and
(c) power to cut and thresh the crops on any land and weigh the produce, with a view to estimating the capabilities of soil; and
(2) to prescribe the forms to be used, and the
Section 189 of the Bengal Tenancy Act, 1885, pertains to the power conferred upon the Local Government to make rules regarding the procedure, powers of officers, and other administrative aspects related to the enforcement and implementation of the Act. It plays a crucial role in framing procedural guidelines that facilitate the functioning of various authorities under the Act, ensuring proper administration of land rights and tenancy matters.
Section 189 authorizes the Local Government to make rules for carrying out the provisions of the Bengal Tenancy Act, including rules related to the procedures of revenue officers, courts, and other authorities involved in tenancy disputes, record-of-rights, and rent assessments. These rules are binding and have the force of law unless they are inconsistent with the Act itself.
Section 189 covers a broad spectrum of procedural and administrative aspects, including:- Procedure for preparing, publishing, and correcting records of rights.- Rules regarding the conduct and powers of revenue officers and courts.- Guidelines for conducting inquiries, hearings, and appeals.- Provisions for the notification and publicity of rules and decisions.- Ensuring uniformity and transparency in the implementation of the Act.
Section 189 itself does not prescribe any specific punishment. However, violations of rules framed under this section or procedural irregularities may attract penalties or disciplinary actions as per the provisions of the Act or other applicable laws.
Note: The analysis is based on the available sources, primarily focusing on procedural and administrative implications of Section 189, as specific detailed legal commentary on the section is limited in the provided references.
.-(1) Every authority having power to make rules under any section of this Act shall before making the rules, publish a draft of the proposed rules for the information of persons likely to be affected thereby.
(2) The publication shall be made, in the case of rules made by the State Government or High Court in such manner as may in its opinion be sufficient for giving information to person interested, and, in the case of rules made by any other authority, in the prescribed manner:
Provided that every such draft shall be published in the Official Gazette.
(3) There shall be published with the draft a notice specifying a date of publication, at or after which the draft will be taken into consideration.
(4) The authority shall receive and consider any
Where the area comprised in a tenure or holding is situate in an estate not subject to a subsisting permanent settlement and when,
(a) land-revenue is for the first time made payable in respect of the land, or
(b) land-revenue having been previously payable in respect of it, a fresh settlement of land-revenue is made,
nothing in this Act or in any lease or contract made after the passing of the Bengal Tenancy Act, 1885, shall entitle any tenant to hold his tenancy free of rent or at a particular rent, unless in the case of a fresh settlement made under clause (b) the right so to hold beyond the term of the previous settlement has been expressly recognised at the previous settlement by a Revenue authority empowered by the State Government to make definitively or confirm settlements, and the Rev
The provisions of this Act applicable to suits for the Rights of recovery of arrears of rent shall, as far as may be, apply to suits for the recovery of anything payable or deliverable in respect of any rights of pasturage, forest-rights, rights over fisheries and the like.
Where a proprietor or permanent tenure-holder holds his estate or tenure subject to the observance of any specified rule or condition, nothing in this Act shall entitle any person occupying land within the estate or tenure to do any act which inv01ves a violation of that rule or condition:
Provided that this section shall not apply to a raiyat or an under-raiyat doing any act in exercise of the rights conferred by this Act upon raiyats or under-raiyats, as the case may be.
Nothing in this Act shall affect -
(a) the powers and duties of Settlement-officers as defined by any law not expressly repealed by this Act;
(b) any enactment regulating the procedure for the realisation of rents in estates belonging to the Government, or under the management of the Court of Wards or of the Revenue authorities;
(c) any enactment relating to the avoidance of tenancies and incumbrances by a sale for arrears of the Government revenue;
(d) any enactment relating to the partition of revenue paying estates;
(e) any enactment relating to patni-tenures in so far as it relates to those tenures, except that-
(i) the provisions of section 67 and clause (
No suit or other proceeding shall be instituted against the Government or against any officer of the Government in respect of anything done by the registering officer, the Collector or the Court in regard to the receiving, distribution or payment of the landlord’s fee or the landlord’s transfer fee:
Provided that nothing in this section shall prevent any person entitled to receive the amount of any such landlord’s fee or landlord’s transfer fee or any portion thereof from recovering the same from a person to whom it has been paid by the Collector or the Court.
Repealed by s. 125 of the Bengal Tenancy (Amendment) Act. 1928 (Ben. Act IV of 1928).
Repeal of Enactments
(See section 2)
Regulations of the Bengal Code
Number and Subject of Regulation Extent of repeal
years
1VIII of 1793 A Regulation for re-enacting with Sections 51, 52, 53,
modifications, and amendments the 54, 55, 64 and 65.
rules for the Decennial Settlement of the
Public Revenue payable from the lands of
the zamindars, independent talukdars and
other actual proprietors of land in Bengal,
Particulars of Receipt and of Statement of Account
(See sections 56 and 57)
Particulars of receipt Particulars of receipt
(Landlord’s portion) (Tenant’s portion)
1. Serial number of receipt. 1. Serial number of receipt.
2. Name of village, pargana, thana. 2. Name of village, pargana, thana.
3. (a) Name of the estate and tauzi 3. (a) Name of the estate and tauzi
number to which the land number to which the land
appertains, and appertains, and
(b) (If the landlords are not the (b) (If the landlords are not
Limitation
(See section 184)
PART I - Suits
Description of suit Period of Time from which
limitation period begins to run
1. To eject any tenure-holder, One year The date of the breach.
raiyat or under-raiyat on
account of any breach of a
condition in respect of which
there is a contract expressly
providing that ejectment shall
be the penalty of such breach.
1(a). To eject a no
Elevate your legal practice with advanced AI-driven research and drafting solutions. Experience unmatched efficiency, precision, and security, tailored exclusively for legal professionals.
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!
For Daily Legal Updates, Join us on :
Back to top
AI Assistant
