AGRA TENANCY ACT 1926

AGRA TENANCY ACT, 1926

Act No. 03 of 1926

06th September, 1926

Amended by the U.P. Act no. II of 19312 Amended by the U.P. Act no. VII of 19343 Amended by the U.P. Act no VII of 19374 Amended by the U.P. Act no. XII of 19395 Partially repealed by U.P. Act no. XVII of 1939 Adapted and modified by the Government of India (Adaptation of India Laws) Order, 1937 Adapted and modified by the Adaptation of Laws Order, 1950 (Received the assent of the Governor on August 19, 1926, and of the Governor General on August 31, 1926, and was published6 under section 81 of the Government of India Act on September 6, 1926.) An Act to consolidate and amend the law relating to agricultural tenancies and certain other matters in Agra. Whereas it is expedient to consolidate and amend the law relating to agricultural tenancies and certain other matters in Agra; and whereas the Governor General has given his previous sanction to the passing of this Act as required by sub-section

Read full Act

S.Chapter I PRELIMINARY

S.1 Short title

(1) This Act may be called the Agra Tenancy Act, 1926.

Local extent.

(2) It extends to the province of Agra3 except the areas specified in the First Schedule:

Provided that the (State Government)1 may by notification in the (Official Gazette)2 extend the whole or any part of this Act to all or any of the areas4 so excepted:

Provided also that no provision of this Act which is inconsistent with the provisions of the Pargana of Kaswar Raja Act, 1915, shall apply to the pargana of Kaswar Raja in the district of Benares; and

Commencement.

(3) It shall come into force on such date5 as the (State Government)1 may, by notification in the (Official Gazette)2 appoint in this behalf.

1. Substituted by the A.O. 1950 for (Provl. Govt.) which had been Substituted by the A.O. 1937 for (L.G.). Throughout the Act, the expression (Province of Agra) shall stand unmodified

S.2 Repeal

(1) The Agra Tenancy Act, 1901, is hereby repealed.

(2) When this Act or any portion thereof is extended to any of the areas excepted in the first Schedule, so much of any Act or Regulation in force therein as is inconsistent with this Act or the portion thereof so extended, as the case may be, shall be thereby repealed.

S.3 Interpretation clause

In this Act, unless there is something repugnant in the subject or context,--

(1) all words and expressions used to denote the possessor of any right, title or interest in land, whether the same be proprietary or otherwise, shall be deemed to include the predecessors and successors in right, title or interest of such person;
(2) "land" means land which is let or held for agricultural purposes, or as grove-land or for pasturage. It includes land covered by water used for the 'purpose of growing singhara or other similar produce, but does not include land for the time being occupied by dwelling-houses or manufactories, or appurtenant thereto;
(3) "rent" means whatever is, in cash or kind, to be paid or delivered by a tenant for land held by him, and in Chapter IX includes "sayar" as defined below.

When used with reference to a thekadar rent means the amount payable by the thekadar to his lessor under the terms of the theka.

A share

S.4 Definition of sir

"Sir" means--

(a) land recorded as sir of a landlord or of a permanent tenure-holder in the last record-of-rights framed before the first day of January, 1902, and continuously so recorded since, or which but for error or omission would have been so continuously recorded;
(b) land cultivated continuously for twelve years before the first day of January, 1902, by the landlord or by the permanent tenure-holder himself with is own stock, or by his servants, or by hired labour;
(c) land recognized by village custom as the special holding of a co-sharer, and treated as such in the distribution of profits or charges among the co-sharers;
(d) land which at the commencement of this Act was being cultivated by the landlord or permanent tenure-holder himself with his own stock, or by his servants, or by hired labour, and which was recorded as the khudkashat of the landlord permanent tenure-holder in the agricultural year immediately preceding the agric

S.5 Succession to sir right

On the death of sir holder his sir right shall devolve on the person who succeeds to his proprietary interest in the sir.

Explanation--For the purposes of this section the words "proprietary interest" shall be deemed to include the interest of a permanent tenure-holder.

S.6 Transfer of sir right

Sir right is not transferable except--

(a) by gift of the sir to a person to whom the proprietary interest in the sir is gifted, or
(b) by exchange of sir between co-sharers in the mahal.

S.7 Extinction of sir right

Sir shall cease to be sir--

(a) when it becomes the subject of an ex-proprietary tenancy;
(b) when a right of occupancy is conferred therein under section 17:

Provided, first, that if an ex-proprietary tenant regains his proprietary right in the land held by him as ex-proprietary tenant, such land shall again become his sir:

Provided, secondly, that if the right of occupancy conferred in sir under section 17 is extinguished, and the landlord or permanent tenure-holder has not in the meantime transferred his right in the lands, such land shall again become his sir or the sir of his heir, as the case may be.

S.8 Restriction leases and agreements relating to tenancies

(1) Every agreement which purports, or would operate, to restrict a tenant from enforcing or exercising any right conferred on or secured to him by this Act is void to that extent.

(2) In particular, and without prejudice to the generality of the provisions of sub-section (1), an agreement between a land-holder and a tenant is void if and in so far as it purports--

(a) to prevent the tenant from acquiring a right of occupancy in land in accordance with the provisions of this Act;
(b) to take away or limit the right of the tenant to make improvements and to claim compensation for the same in accordance with the provisions of this Act;
(c) to entitle the landholder to eject the tenant or enhance his rent otherwise than in accordance with the provisions of this Act;
(d) to take away the right of the tenant to sub-let in accordance with the provisions of this Act;
(e) to empower the landholder to distraint otherwise than in accord

S.9 Power of landholders to act through agent

Save as otherwise expressly provided by this Act, and save as otherwise provided by the Code of Civil Procedure, 1908 in the case of proceeding governed by that Code, anything which is by this Act required or permitted to be done by a landholder, may be done by an agent of the landholder authorized by him in this behalf; and process served on, or notice given to, such agent shall be as effectual for all purposes as if the same had been served on, or given to, the landholder in person; and all the provisions of this Act relating to the service of process on, or the giving of notice to, a party shall be applicable to the service of process on, or the giving of notice to, such agent.

S.Chapter II CLASSES OF TENANTS

S.10 Classes of tenants enumerated

There shall be, for the purposes of this Act, the following classes of tenants, namely:

(a) permanent tenure-holders,
(b) fixed-rate tenants,
(c) ex-proprietary tenants,
(d) occupancy tenants,
(e) statutory tenants,
(f) heirs of statutory tenants,
(g) non-occupancy tenants.

S.11 Permanent tenure-holders

(1) When any permanent and transferable interest in land in a district or portion of a district which is permanently settled has been held, otherwise than under terminable lease, by any person intermediate between the landlord and the occupants, from the time of the permanent settlement, at the same rate of rent, such person shall have a right to hold such interest at that rate.

(2) Such person shall be called a permanent tenure-holder.

S.12 Fixed-rate tenants

(1) When any land in a district or portion of a district which is permanently settled has been held by a tenant from the time of the permanent settlement at the same rate of rent, such tenant shall have a right of occupancy at that rate.

(2) Such tenant shall be called a fixed-rate tenant.

S.13 Presumption from entry at revision or records

(1) In those districts or portions of districts in which a revision of records has taken place since the first day of January, 1875, every entry made in the revision recording a person as a permanent tenure-holder, or fixed-rate tenant, or otherwise, shall, in the absence of a judicial decision to the contrary in proceedings instituted before the first day of January, 1902, be, as between landlord and tenant, conclusive proof that such 'person was at the date of such revision permanent tenure-holder, or a fixed-rate tenant, or not, as the case may be.

Presumption from holding at same rate for twenty years.

(2) In those districts or portions of districts in which no revision of records has taken place since the first day of January, 1875, if in any suit or proceeding an issue arises whether a person is a permanent tenure-holder or fixed-rate tenant and it is proved that he has held any land at the same rate of rent for twenty years next before the institution of the su

S.14 Ex-proprietary tenants

(1) Every landlord whose proprietary rights in a mahal or in any portion thereof, whether in any share therein, or in any specific area thereof, are transferred either by foreclosure or sale in execution of a decree or order of a Civil or Revenue Court, or by voluntary alienation otherwise than (a) by gift, or (b) by exchange between co-sharers in the mahal, shall become a tenant with a right in occuncy of his sir, and in the land which he has cultivated continuously for ten years at the date of the transfer, and shall be entitled to hold the same at a rent which shall, subject to the provisions of section 49, be two annas in the rupee less than the rate prescribed for occupancy tenants in section 59.

(2) If a part only of the share of a landlord in a mahal or in any portion thereof is so transferred, such landlord shall become a tenant with a right of occupancy in so much of his sir and of the land which he has cultivated continuously for ten years at the date of the transf

S.15 Effect of relinquishment of ex-proprietary rights

(1) Except as provided in sub-sections (2), (3) and (4) no sale of sir or agreement, relinquishment or other transaction having the effect of a surrender or relinquishment of exproprietary rights, executed or carried out within six months immediately preceding or succeeding a transfer of proprietary rights, shall affect or detract from the rights created by section 14.

(2) Where a landlord or permanent tenure-holder who under the provisions of section 14 has become or would become on a transfer a tenant with a right of occupancy in his sir or in the land which he has cultivated continuously for ten years at the date of the transfer, desires within six months immediately preceding or succeeding such a transfer, to enter into a transaction having the effect of a surrender or relinquishment of exproprietary rights, he shall apply to the assistant collector in charge of the sub-division, and, if such assistant collector is satisfied that the applicant does not wholly or mainly d

S.16 Occupancy tenants

Every tenant, who at the commencement of this Act has acquired a right of occupancy under the Agra Tenancy Act, 19011, or under any previous Act, and

every person on whom a right of occupancy is conferred in accordance with the provisions of section 17 of this Act,

and every person (except in Bundelkhand) who is at or after the commencement of this Act a tenant of Government estates other than nazul land,

shall be called an occupancy tenant and shall have all the rights and be subject to all the liabilities conferred and imposed on occupancy tenants by this Act.

1. repealed

S.17 Conferment of right of occupancy

(1) The following persons shall be competent to confer a right of occupancy:

(a) a landlord, or a permanent tenure-holder;
(b) a lambardar, with the written concurrence of all the co-sharers whom he represents, and, if any co-sharer is a minor or otherwise unable to act, with the sanction of the district judge obtained on the application of the natural or certificated guardian of such co-sharer;
(c) a mortgagee in possession, with the written concurrence of the mortgagor;
(d) a mortgagor in possession, with the written concurrence of the mortgagee, or with the sanction of the district judge;
(e) a person whose proprietary interest is the subject of litigation in a court of law, with the authority of the court;
(f) the natural or certificated guardian of a minor proprietor, or the manager of a lunatic's estate, with the sanction of the district judge;
(g) the manager of a joint Hindu family with the written consent o

S.18 Recording or a right of occupancy

(1) A person on whom a right of occupancy has been conferred under the provisions of section 17 may present an application to be recorded as an occupancy tenant to the court of the assistant collector in charge of the sub-division, and shall verify such application in presence of the court.

(2) Subject to the provisions of sub-sections (3) and (4), the court, after giving notice to the person who is alleged to have conferred the right of occupancy and satisfying itself that such a right has been conferred in accordance with the provisions of section 17, shall cause the applicant to be recorded as an occupancy tenant in the annual registers maintained under section 33 of the United Provinces Land Revenue Act, 19011. If the court is not satisfied as aforesaid it shall, subject to the provisions of sub-sections (3) and (4), reject the application.

(3) When in proceedings under this section a question arises whether the person purporting to have conferred the r

S.19 Statutory tenants

Subject to the provisions of sub-section (3) of section 8, every person who--

(a) is at the commencement of this Act a tenant of land other than sir, grove-land, pasture-land or land covered by water and used for the purpose of growing singhara or other similar produce, not being a permanent tenure-holder or a tenant with a right of occupancy or a tenant holding from a permanent tenure-holder, or
(b) is after the commencement of this Act admitted as tenant without a right of occupancy to land, other than sir, grove-land, pasture-land, or land covered by water and used for the purpose of growing singhara or other similar produce, or
(c) is after the commencement of this Act admitted by a permanent tenure-holder to the cultivation of land in his holding other than grove-land, pasture-land or land, covered by water and used for the purpose of growing singhara or other similar produce,

shall be called a statutory tenant, and subject to the p

S.20 Heirs of statutory tenants

(1) The heir of a statutory tenant is the person entitled to succeed to the tenancy under the provisions of section 24 or 25.

(2) Such heir or in the event of his death successive heirs under section 24 or section 25 shall be entitled to retain possession of the holding of the deceased statutory tenant for a period of five years from the latter's death, or if the deceased tenant held a lease at the time of his death of which the unexpired portion is longer than five-years, until the expiry of the period of the lease:

Provided that (1) if (a) he has been admitted in writing by his landholder as a statutory tenant, or (b) no proceedings have been taken by his landholder to eject him within three years after the expiry of the period specified in sub-section (2) he shall be considered to have been admitted to the holding within the meaning of section 19(b) and shall be deemed to be a statutory tenant;

(2) Where there are two or more co-tenants of statutory tenancy,

S.21 Non-occupancy tenants

All tenants other than permanent tenure-holders, fixed-rate Non-occupancy tenants tenants, ex-proprietary tenants, occupancy tenants, statutory tenants or heirs of a statutory tenant are non-occupancy tenants.

S.Chapter III DEVOLUTION, TRANSFER AND EXTINCTION OF TENANCIES AND DIVISIONS OF TENANCIES

S.22 Rights of permanent tenure-holders and fixed-rate tenants

The interest of a permanent tenure-holder and of a fixed-rate tenant is both heritable and transferable.

S.23 Rights of other tenants

(1) The interest of an ex-proprietary tenant, of an occupancy tenant, of a non-occupancy tenant, and of a statutory tenant to the extent provided by section 20 is heritable, but is not transferable either in execution of a decree of a Civil or Revenue court or otherwise except in accordance with the provisions of this Act.

(2) Nothing in the foregoing provisions of this section shall render it illegal for a tenant--

(a) to transfer to (the Government)1 his interest in any land which is required for a public purpose;
(b) to release or transfer his interest in favour of a co-tenant:

Provided that no person shall be deemed to be a co-tenant, notwithstanding that he may have shared in the cultivation of the holding, unless he was a Co-tenant from the commencement of the tenancy or has become such by succession or has been specifically recognized as such in writing by the landholder;

S.24 Succession of male tenants

When a male ex-proprietary tenant, occupancy tenant, statutory tenant or non-occupancy tenant dies, his interest in the holding shall devolve in accordance with the order of succession given below:

Order of succession

Class I--Male lineal descendants in the male line of descent.
Class II--Widow till her death or re-marriage.
Class III--Father.
Class IV--Mother, being a widow.
Class V--Brother, being a son of the same father as the deceased.
Class VI--Daughter's son.
Class VII--The nearest collateral male relative in the male line of descent:

Provided that no such daughter's son or collateral relative shall be entitled to inherit, who did not share in the cultivation of the holding at the time of the tenant's death.

S.25 Succession of female tenants

(1) When a female ex-proprietary, occupancy or non-occupancy tenant who has inherited an interest in a holding under section 24, or the female heir of a statutory tenant dies or surrenders, or abandons such interest, or in the case of a widow of class II in section 24, re-marries, such interest shall, notwithstanding anything contained in section 35, devolve upon the nearest surviving heir of the last male tenant such heir being ascertained in accordance with section 24.

(2) When any female ex-proprietary, occupancy or non-occupancy tenant other than one subject to the provisions of sub-section (1) dies, her interest in the holding shall devolve--

(a) on her male lineal descendants in the male line;
(b) if there are no such descendants, on her husband;
(c) if there are no such heirs as abovementioned, on her daughter's son, provided that he was sharing in the cultivation of the holding at the time of the tenant's death.

(3) When a

S.26 Passing of interest by survivorship

No person shall be deemed to have an interest in an ex-proprietary, occupancy, statutory or non-occupancy tenancy merely by reason of being joint in estate with any person with whom a contract of tenancy has been made, or who has succeeded to the interest of a tenant, or who has become a tenant by operation of law or otherwise; and except in the case of widows or a co-tenant who dies leaving no heir entitled to succeed under section 24, no interest in any ex-proprietary, occupancy, statutory or non-occupancy tenancy shall pass by survivorship. Where the persons possessing such interest are joint in estate, they shall be deemed for purposes of succession to be tenants in common.

S.27 Prohibition of leases on payment of an advance

No tenant other than a permanent tenure-holder or fixed-rate tenant shall sub-let the whole or any portion of his holding in consideration of a sum of money paid in advance or of a debtor or other obligation, whether reserving or not reserving rent to be paid periodically:

Provided that nothing in his section shall be held to bar stipulation that the sub-tenant shall pay (a) to a tenant with a right of occupancy, not more than two years' rent in advance, (b) to any other tenant, not more than one year's rent in advance.

S.28 Right to sub-let

Subject to the provisions of section 27, a tenant may sub-let the whole or any portion of his holding under the restrictions imposed by this Act:

Provided that no such sub-letting shall in any way relieve the tenant of any of his liabilities to his landholder save with the landholder's written consent.

S.29 Sub-leases by ex-proprietary, occupancy, statutory and non-occupancy tenants and by heirs of statutory tenants

(1) No ex-proprietary or occupancy tenant shall, except with the written consent of the landholder, sub-let the whole or any portion of his holding for a term exceeding five years or within five years of any portion of such holding being held by a subtenant.

(2) A statutory tenant shall not, except with the written consent of the landholder, sub-let the whole or any portion of his holding for a term exceeding three years or within three years of any portion of such holding being held by a sub-tenant.

(3) The heir of a statutory tenant shall have the same right to sublet as a statutory tenant:

Provided that the period of a sub-lease given by an heir of a statutory tenant shall not extend beyond the termination of the period for which such heir is entitled to hold as tenant.

(4) A sub-lease for a term exceeding one year, or from year to year shall be made by a registered instrument only.

(5) No non-occupancy tenant shall, except with the written con

S.30 Sub-leases by sub-tenants

No sub-tenant shall sub-let otherwise than with the written consent of his landholder.

S.31 Successor to sub-lessor bound by sub-lease

When a tenant has sub-let, the successor-in-interest of such tenant shall be bound by the terms of the sublease, in so far as they are consistent with the conditions of his tenancy and the provisions of this Act.

S.32 Rights of sub-tenant on extrication of tenants' interest

(1) Except as otherwise provided in sub-sections (2) and (3) the extinction of the interest of a tenant whose interest is not transferable shall operate to extinguish the interest of any tenant holding under him:

Provided that the landholder may at his option allow the interest of the sub-tenant to continue, and all covenants previously binding and enforceable as between the tenant and the sub-tenant shall thereupon be binding and enforceable as between the landholder and the sub-tenant.

(2) Where, at the time of the extinction by surrender or abandonment of the interest in a holding of a tenant whose interest is not transferable, there is in existence a valid sub-lease or mortgage of the whole or of a portion of the holding executed before the first day of January, 1902, all covenants binding and enforceable as between the tenant and the sub-tenant of mortgagee, as the case may be, shall, subject to sub-section (4), be binding and enforceable as between the tenant's

S.33 Extinction of sub-leases

When the interest of a sub-tenant is extinguished with the extinction of the interest of the tenant from whom he holds or by the expiry of the term of settlement, he shall vacate his holding accordingly, but shall have in respect of the removal of standing crops and other products of the earth the same rights as the tenant would have upon ejectment in accordance with the provisions of this Act.

S.34 Transfers which are void or voidable

(1) Every transfer, other than a sub-lease, made by a tenant in contravention of the provisions of this Act, and every sub-lease made by a tenant in contravention of the provisions of section 27, shall be void.

(2) Every sub-lease made by a tenant in contravention of the provisions of this Act, other than a sub-lease which is void under sub-section (1) shall be voidable at the option of the landholder.

S.35 Extinction of tenancies

(1) The interest of a tenant shall be extinguished--

(a) when he dies leaving no heir entitled to inherit it;
(b) in land from which he has been ejected in execution of a decree or order of a court unless such decree or order is subsequently reversed in appear or otherwise;
(c) by surrender under section 103 or abandonment under section 107;
(d) in land which has been acquired by (the Government)1 for a public purpose, or a work of public utility;
(e) by merger, as provided in section 36;
(f) where the tenant has been deprived of possession and his right to recover possessions is barred by limitation.

(2) Subject to the provisions of section 16 of the Land Acquisition Act, 1894 (Act I of 1894), the extinction of the interest of a tenant having a transferable interest shall not of itself affect the rights of any transferee from such tenant under a valid transfer but after the transfer all covenants bi

S.36 Merger

Where a tenant acquires or succeeds to the entire proprietary right in his holding, the tenancy is extinguished:

Provided that if the transaction by which the proprietary right was acquired is afterwards set aside by order of a competent court, or if such a right is lost in consequence of the exercise of a right of pre-emption, the tenancy shall revive.

S.37 Division of tenancies

A division of a holding of distribution of the rent payable in respect of a holding or any portion thereof, or such division and distribution shall be effected only (a) by agreement between the co-tenants, or (b) by the decree in a suit instituted under this section by one or more of the co-tenants against the others:

Provided that such division or distribution shall not be binding on landholder unless be agrees thereto in writing.

S.Chapter IV EXCHANGE AND ACQUISITION OF LAND

S.38 Right of occupancy in land Exchanged with landlord or permanent tenure-holder

A tenant who has a right of occupancy in any land shall have a right of occupancy in any other land which he may receive from the landlord or permanent tenure-holder in exchange therefor and shall thereupon cease to have a right of occupancy in the land so given by him in exchange:

Provided that, notwithstanding anything in this section, a right of occupancy shall not accrue in land in which a right of occupancy could not be conferred under section 17(3).

S.39 Exchange of land between tenants

(1) If two tenants of the same class other than tenants of sir or sub-tenants agree to exchange land owned by the same landlord with his written consent or owned by different landlords with the written consent of the latter, the tenants may apply to the court to give effect to the exchange.

(2) On exchange the tenants shall have the same rights in the land received in exchange as they had in the land given in exchange.

S.40 Acquisition of land by landlord from his ex-proprietary or occupancy tenant

(1) A landlord may apply to the collector to acquire for him land held by an ex-proprietary or occupancy tenant for the purpose of farming on improved lines; and the collector shall, if he is satisfied that reasonable grounds exist, order the acquisition of the land applied for, or part thereof, and shall at the same time award the tenant the compensation to which he is entitled under sub-section (2) of this section and shall thereupon order the ejectment of the tenant from the land acquired.

(2) The collector before passing an order of ejectment under sub-section (1) of this section hall award to the tenant land with similar advantages in the same village, or, with the consent of the tenant, in another village, but to such extent as such land is not available, the collector shall award monetary compensation amounting to six times the annual rental value of the land acquired, calculated at the rates prescribed for statutory tenants in sub-section (3)(b) or sub-section (4) of

S.41 Acquisition of land by a landlord permanent tenure-holder from his statutory tenant or heir of a statutory tenant

(1) A landlord or a permanent, tenure-holder may apply to the collector to acquire for him land held by a statutory tenant or the heir of a statutory tenant for any of the following purposes, namely--

(a) for agricultural development including farming on improved lines, dairy farms, poultry farms, stock-breeding, horticulture or any similar purpose-;
(b) for his own cultivation;
(c) for groves;
(d) for planting trees;
(e) for building houses, outhouses for the landlord or other buildings necessary for the management or development of the estate;
(f) for the erection of houses for tenants and labourers;
(g) for sites for hamlets or markets;
(h) for opening or working a limestone, brickearth, kankar or other mineral quarry, or clay, sand or graved pit, or for the construction of any works or buildings used in connexion therewith;
(i) for mills or factories for industrial purposes;
(j) for ma

S.42 Rights of a tenant whose land has been acquired under section 40 or section 41

(1) When a tenant has been ejected under section 40 or section 41, "he shall be entitled--

(a) to a reduction of rent to be determined by the collector proportionate to the rental value of the land acquired.
(b) to retain the remainder of the holding, if any, with the same right as before,
(c) to be reinstated in the land acquired in the circumstances and on the conditions specified in sub-sections (2) and (3) of this section.

(2) If the person for whom the land was acquired--

(a) does not within two years from the date of ejectment of the tenant use it for the purpose for which it was acquired, or
(b) within the said period of two years uses it for any other purpose, or
(c) in the case of land acquired for any of the purposes specified in (a), (b), (c) or (d) of sub-section (1) of section 41, lets the land to another person within six years of the date of the ejectment of the tenant,

the disp

S.Chapter V DETERMINATION, ENHANCEMENT, AND ABATEMENT OF RENT

S.43 Initial rent often ant

A tenant on being admitted to the occupation of and is liable to pay such rent as may be agreed upon between him and his landholder.

S.44 Person occupying land without title liable to ejectment and damages

A person taking or retaining possession of a plot or plots of land without the consent of the landholder and in contravention of the provisions of this Act shall be liable to ejectment on the suit of the landholder and also to pay damages which may extend to for times the annual rental value at the rates applicable to statutory tenants under section 59.

S.45 Liability to pay rent when no rent fixed

Whenever any person has been admitted to the occupation of land, or permitted to retain possession of land by anyone having a right to admit or permit him with the intention that a contract of tenancy should thereby be effected/but without any rent being fixed, either he or the person so admitting or permitting him may at any time during the period of his occupation or within three years after the expiry of such period sue to have rent fixed thereon.

S.46 Method of fixing rent in suit under section 45

In a suit under section 45 the rent shall be decreed at the rate payable in the previous year, or if no rent was payable in the previous year, at the appropriate rate specified in section 59.

S.47 Presumption as to rent

The rent or rate of rent payable by a tenant shall be presumed to be the rent or rate of rent previously payable by him until a registered agreement, or a decree or order of a court, is proved varying the same.

S.48 Compensation for rent exacted in excess

A tenant from whom any sum or produce is exacted by his landholder in excess of the amount recoverable from him as an arrear of rent under this Act, or any other enactment for the time being in force, shall be entitled to recover from the landholder such compensation not exceeding double the amount, or double the value of the produce, so exacted as the court thinks fit to decree, in addition to the amount or value of the produce so exacted.

S.49 Consideration of caste and class of tenant in fixing rent

When a court has to determine the rent of a tenant, if it is proved that by local custom or practice--

(a) caste is taken into account in determining the rent payable by tenants, or
(b) any class of persons hold land on favourable rates of rent,

the rent shall be fixed with reference to such custom or practice but in no case at an amount less than the revenue payable in respect of his holding, with an addition of twenty per cent thereon.

S.50 Methods of enhancement or abatement

(1) The rent of a fixed-rate tenant, an ex-proprietary tenant, an occupancy, tenant, a statutory tenant or an heir of a statutory tenant may be enhanced or abated only--

(a) by registered agreement, or
(b) by decree or order of a Revenue court.

(2) The rent of such tenant shall not be enhanced by more than one-fourth of his existing rent subject to the condition that the rent fixed shall in no case be less than half the annual rental value at the circle or village rates which are applicable under section 59 to that class of tenant.

This sub-section shall not apply to decrees or orders of a Revenue court for enhancement of rent on account of an increase in area.

S.51 Grounds of enhancement of rent of fixed-rate tenant

The rent of a fixed-rate tenant shall be liable to enhancement only on the ground that the area of the land in such tenant's holding has been increased by alluvion or by the tenant's encroachment.

S.52 Grounds of abatement of rent of fixed-rate tenant

The rent of a fixed-rate tenant shall be liable to abatement only on the ground that the area of the land in his holding has been diminished by diluvion or by taking up of land' for a public purpose or for a work of public utility.

S.53 Grounds of enhancement of rent of ex-proprietary, occupancy Or statutory tenant or heir of statutory tenant

Except as otherwise provided in the Northern India Canal and Drainage Act, 1873, or any other enactment for the time being in force the rent of an ex-proprietary, occupancy or statutory tenant or heir of a statutory tenant shall be liable to enhancement on one or more of the following grounds and no others:

(a) that the rent paid by such, tenant if an ex-proprietary tenant, is at a rate more than two annas in the rupee below the fair and equitable rate payable by occupancy tenants for land of the same class or classes of soil if an occupancy tenant, is less than the fair and equitable rate payable by occupancy tenants for land of the same class or classes of soil, or if a statutory tenant or an heir of a statutory tenant, is less than the fair and equitable rate payable by statutory tenants for land of the same class or classes of soil, the fair and equitable rates referred to above shall be the rates specified in section 59;
(b) that the productive powers of

S.54 Grounds of abatement of rent of ex-proprietary, occupancy or statutory tenant or heir of statutory tenant

Except as otherwise provided in the Northern India Canal and Drainage Act, 1873, or any other enactment for the time being in force, the rent of an ex-proprietary, occupancy or statutory tenant or of an heir of a statutory tenant shall be liable to abatement on one or more or the following grounds and no others:

(a) that there has been a fall in the average local prices of staple food crops during the currency of the present rent;
(b) that the productive powers of the land held by the tenant have been decreased by any cause beyond his control during the currency of the present rent; or
(c) that the area of his holding has been decreased by diluvion or by the taking up of land for a public purpose or for a work of public utility.

S.55 Definition of roster

A roster year is an agricultural year fixed by the (State Government)1 in respect of any district or other local area for the determination of fair and equitable rates of rent for the purpose of suits for enhancement and abatement of the rents of fixed-rate tenants, ex-proprietary tenants, occupancy tenants, statutory tenants and heirs of statutory tenants.

1. Substituted by the A.O. 1950 for [Provl. Govt.] which had been Substituted by the A.O. 1937 for [L.G.,]

S.56 Fixing of roster years

(1) The (State Government)1 shall, as soon as may be after the commencement of this Act, fix by notification in the (Official Gazette)2 a roster year3 for every district or other local area to which this Act applies:

Provided that the (State Government)1 may, in its discretion, fix different roster years for different portions of a district.

(2) In every local area in which the settlement of the revenue is liable to periodical revision the (State Government)1 shall, as soon as may be after each revision of the settlement, fix by notification in the (Official Gazette)2 afresh roster year.

(3) Every roster year fixed under sub-section (1) and sub-section (2) for an area in which the settlement of the revenue is liable to periodical revision shall be so fixed that the last roster year during the term of the settlement shall coincide, as nearly as conveniently may be, with the last year of such term.

S.57 Procedure of special officer in fixing rent-rates

(1) In every roster year the (State Government)1 shall appoint one or more officers with powers not less than those of an assistant collector of the first class as special officer or officers to propose fair and equitable standard rates for occupancy tenants, and, if necessary, fair and equitable circle rates for statutory tenants also:

Provided that for any cogent reason such as a calamity seriously affecting a local area, or an insufficiency of officers qualified for the purpose, the (State Government)1 may postpone the appointment of a special officer until the year next following the roster year:

Provided also that if a local area is under settlement, the settlement officer or assistant settlement officer shall perform the duties of the special officer appointed under this sub-section:

Provided also that the special officer or officers may be empowered by the (State Government)1 to decide suits for enhancement, abatement or

S.58 Publication of proposals and records prepared under section 57 and submission to Board for confirmation

(1) The special officer shall publish, in such manner as may be prescribed, the proposals and records made by him under section 57 and shall receive and consider any objections which may be made to them.

(2) When such objections, if any, have been considered and disposed of according to the prescribed procedure, the special officer shall submit the proposals and records made by him after such modification, if any, as he may think fit to the Board, or, if the (State Government)1 so directs in the case of a specified district or other local area, to the commissioner, who after such further inquiry, if any, as may be directed under sub-section (3) shall either confirm or modify the new or revised circles and soil classification, if any, and the proposed rates and other matters recorded under section 57.

(3) On receipt of the proposals and records submitted by a special officer under sub-section (2) the Board or the commissioner may direct further inquiry into

S.59 Provision regarding sanctioned rates

(1) The rates and records confirmed or modified under section 58 shall be deemed to be sanctioned rates and records until the next roster year or until the local area is brought under settlement and rent-rates selected by the settlement officer have been sanctioned by the Board under section 63 of the United Provinces Land Revenue Act, 1901 (U.P. Act III of 1901).

(2) The rent-rates for occupancy tenants sanctioned by the Board either before or after the commencement of this Act under section 63 of the United Provinces Land Revenue Act, 1901 (U.P. Act III of 1901), for the purposes of a settlement in a local area shall be deemed to be sanctioned rates for the purposes of this Act until the commencement of the first roster year occurring after the settlement came or comes into force:

Provided that, if the settlement came into force before the commencement of this Act, such rates shall not be deemed to be sanctioned rates for the purposes of any suit instituted more tha

S.60 Suits for commutation

An occupancy tenant or an ex-proprietary tenant or a statutory tenant or the heir of a statutory tenant whose rent has heretofore been paid in kind, or on the estimated value of a person of the crop, or by rates varying with the crop, or partly in one of such ways, and partly in another or other of such ways, or the landholder or such tenant may sue for the commutation of such rent to a fixed money rent.

S.61 Time for instituting suits for enhancement, etc

(1) Any suit for enhancement, abatement or commutation of rent may be instituted in any year not earlier than the first day of July nor later than the thirtieth day of September:

(Provided that in any permanently settled mahal of the Benares Division or the Azamgarh District a suit for abatement or commutation of rent may also be instituted between the thirtieth day of September, 1937, and the first day of July, 1938.)1

(2) Notwithstanding anything in this section while a local area is under settlement, no suit for enhancement, abatement or commutation of rent shall be maintainable under this Act until the time for making applications to the settlement officer under section 87 of the United Provinces Land Revenue Act, 1901, has passed.

(3) If a special officer has been appointed to a district or local area for the determination of fair and equitable rates and has been empowered under section 57 to decide suits for enhancement, abatement or commutatio

S.62 Joinder of tenants in suits relating to enhancement

(1) A suit for enhancement, abatement or commutation of rent may be instituted against or by any number of ex-proprietary, occupancy or statutory tenants or of heirs of statutory tenants collectively:

Provided that all such tenants are tenants of the same landholder, and all the holdings in respect of which the suit is instituted are situated in the same mahal and village.

(2) No decree shall be passed in any such suit affecting the interests of any person, unless the court is satisfied that he has had an opportunity of appearing and being heard.

(3) The decree shall specify the extent to which each of the tenants is affected thereby.

S.63 Progressive enhancement

In decreeing an enhancement of the rent of an ex-proprietary, occupancy or statutory tenant으로 heir of a statutory tenant, if the enhancement is not less than one-fourth of the rent, and if the court considers that the immediate enforcement of the decree to its full extent will be attended with hardship to the tenant, the court may direct that the enhancement shall take effect by yearly increments extending over any number of years not exceeding three.

S.64 Matters to be considered in suits for enhancements or commutation

(1) In all suits for enhancement or commutation of rent the court shall determine the rents in accordance with the sanctioned rates and records, unless for special reasons to be recorded the court sees reason to depart from them.

(2) In suits for commutation of rent the court shall also consider any plea to the effect that commutation is undesirable in view of the exceptional liability of the holding to damage by wild animals, flooding or like cause, or exceptional fluctuations in the portion of the holding actually cultivated or its produce, and may dismiss the suit on such' ground.

S.65 Matters to be considered in suits for abatement

In suits for ab atement of rent on the grounds mentioned in section 54(b) and (c), the court shall ordinarily decree the abatement with reference to the existing rent and the extent ' of the decrease in the productive powers or the area of the holding:

Provided that, notwithstanding anything in the section, the rent so fixed by abatement shall not be less than the valuation of the holding made at assessment of the revenue for the purpose of calculating the assets.

S.66 Decree when to take effect

(1) Every decree or registered agreement for enhancement of rent shall take effect from the commencement of the agricultural year next following that in which the suit was instituted or the agreement was registered:

Provided that where under the provisions of this Act such rent is not liable to enahancement till the end of a period which expires subsequently to the commencement of such next following agricultural year, the decree or agreement shall take effect from the commencement of the agricultural year in which the rent will be liable to enahancement.

(2) Every decree or registered agreement for abatement of rent shall take effect from the commencement of the agricultural year in which the suit was instituted or the agreement made, unless in the case of a decree the court for some reason to the recorded direct, or unless in the case of a registered agreement the agreement provides that it shall take effect from some later date.

S.67 Period for which rent is not liable to enhancement

(1) Except as otherwise provided in the Northern India Canal and Drainage Act, 1873 (Act VIII of 1873), when the rent of a tenant of the classes mentioned in sub-section (1) of section 50 has been agreed upon, fixed enhanced or abated under this Act or the Agra Tenancy Act, 1901 (U.P. Act. III of 1901), or the United Provinces Land Revenue Act, 1901, it shall not be liable to enhancement or abatement until or unless--

(a) a period of twenty years, or such longer period as may have been agreed on, decreed or ordered has elapsed; or
(b) the period of the settlement of the local area in which the mahal is situated has come to an end; or
(c) the area of the tenant's holding has been increased by alluvion or encroachment or diminished by diluvion or encroachment or by the taking up of land for a public purpose during the currency of the present rent; or
(d) the productive powers of the land held by the tenant have been increased by an improvement

S.68 Allowance for unexhausted improvements

An ex-proprietary, occupancy or statutory tenant or heir of a statutory tenant who is sued for enhancement of rent may plead that he has construct ed an improvement which continues to benefit his holding. In such case, if the improvement is one which the tenant was entitled to make, the court shall, in fixing the rent, make such deduction from the enhancement claimed as fairly represents in its opinion the increase in letting value due to the improvement:

Provided that in no case shall such deduction be made if the improvement was completed more than thirty years before the commencement of the suit.

S.69 Enhancement of rent of non-occupancy tenant by agreement

The rent of a non-occupancy tenant, not being a tenant of sir or a sub-tenant, may be enhanced by agreement between such tenant and his landholder on the following conditions:

(a) The agreement for the payment of enhanced rent shall be by registered instrument or by a compromise filed in adjustment of a suit or proceeding under this Act and recorded by the court under rule 3 of Order XXIII of the Code of Civil Procedure, 1908, and
(b) the tenant shall be entitled to hold the land at the enhanced rent for a term of not less than five years from the beginning of the year in which such enhancement takes effect.

S.70 Enhancement and abate ment of rent of non-occupancy tenant by suit

Notwithstanding anything contained in clause (b) of section 69 a suit shall lie--

(a) for the enhancement of the rent of a non-occupancy tenant--

(i) on any of the ground specified in clauses (b) and (c) of section 53 in respect of the enhancement of the rent of an occupancy tenant, or
(ii) as provided in section 12 of the Northern India Canal and Drainage Act, 1873 (Act. VIII of 1873), and

(b) for the abatement of the rent of a non-occupancy tenant--

(i) on a ground specified in clause (b) of section 54 for the abatement of the rent of an occupancy tenant, or
(ii) as provided in section 11 of the Northern India Canal and Drainage Act, 1873.

S.Chapter VI EJECTMENT, SURRENDER AND ABANDONMENT

S.71 Variation of rent under lease for period exceeding term of landlord's engagement

(1) Notwithstanding anything hereinbefore contained, any lease granted or engagement entered into by any landlord fixing the rent of land for any period exceeding the term for which his revenue has been settled shall be voidable on the expiry of the settlement--

(a) at the option of the landlord when the revenue pay able in respect of such land is enhanced, unless the tenant agrees to pay such rent as the court may, at the suit of the landlord, decree in proportion to