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Ajmer Tenancy and Land Records Act, 1950 | 112 | 112. Penalty for habitual infringement of rights of tenant.-
If a landlord habitually infringes the rights of a tenant under this Act, he shall, notwithstanding anything in section 7 of the Ajmere Government Wards Regulation, 1888 (I of 1888), be deemed to be a "landlord who is disqualified to manage his own property" within the meaning of section 6 of the said Regulation and his property shall be liable to be taken under the superintendence of the Court of Wards. |
Ajmer Tenancy and Land Records Act, 1950 | 113 | 113. Penalty for illegal entry on a holding.-
(1) A tenant against whom an order of ejectment from a holding or any portion thereof has become final and who re-enters into or remains in occupation of such holding or such portion, as the case may be, without the written, consent of the person entitled to admit him as tenant, shall be deemed to have committed an offence of criminal trespass within the meaning of the Indian Penal Code (Act XLV of 1860).
(2) If a landholder enters upon a holding in the possession of a tenant with the object of dispossessing him of such holding, otherwise than under the provisions of this Act, such landholder shall be deemed to have committed an offence of criminal trespass within the meaning of the Indian Penal Code.
(3) Where a person is convicted of such offence and it appears to the court convicting him that the tenant or the landholder has, by reason of anything done in the course of the commission of the offence, been dispossessed of any land, the court shall order such tenant or landholder to be reinstated in such land. |
Ajmer Tenancy and Land Records Act, 1950 | 114 | 114. Compensation, how realisable.-
Any compensation awarded under this Chapter shall be recovered as arrears of revenue and paid to the person entitled. |
Ajmer Tenancy and Land Records Act, 1950 | 115 | Chapter XI
Grants
115. Exemption of muafidar.-
The provisions of this Chapter shall not apply to a muafidar. |
Ajmer Tenancy and Land Records Act, 1950 | 116 | 116. Interpretation.-
(1) A rent-free grant means a grant by a landlord of a right to hold land rent-free with or without consideration.
(2) A grant of land at a favourable rate of rent means a grant held at a rent which, at the time when such grant was made, was below the rent generally payable by a tenant-at-will for land of the same class in the neighbourhood.
(3) A village service grant means a grant made rent-free or at a favourable rate of rent on condition of rendering any service to the village community. |
Ajmer Tenancy and Land Records Act, 1950 | 117 | 117. Grant which cannot be resumed.-
(1) No claim shall be entertained for the resumption of a grant-
(a) in khalsa area, if such grant has been held from a date prior to 1818; or
(b) in any other part of the State, if such grant has been held from a date prior to 1874; or
(c) which is hereditary and was made out of personal regard for the grantee or in lieu of his past services and loyalty to the grantor and big family; or
(d) which is held unconditionally; or
(e) which is not resumable under the terms of the grant; or
(f) to a charitable institution or for the maintenance of a sacred building so long as such institution or building exists.
(2) A holder of a grant to which clause (a), (b), (c), (d) or (e) of sub-section (1) applies and who has continuously been in possession thereof for twenty-five years immediately before the commencement of this Act, may, on an application made within one year of such commencement and on payment of compensation adjudged under sub-section (3), be declared a biswadar of such grant and shall, on such declaration, be liable to pay such revenue as may be fixed thereon.
(3) The compensation to be paid under sub-section (2) shall be four times the annual rental value of such grant, calculated at sanctioned rates applicable to hereditary tenants.
(4) On a declaration being made under sub-section (2), the sub-tenant, if any, of such grant shall become a hereditary tenant thereof.
(5) When land revenue is fixed on a grant in respect of which a declaration is made, the proprietor of such grant shall as prescribed be entitled to claim reduction in the revenue payable by him by an amount equal to the amount of revenue fixed under sub-section (2). |
Ajmer Tenancy and Land Records Act, 1950 | 118 | 118. Grounds on which certain grants may be resumed.-
Subject to the provisions of section 117, a landlord may apply for the resumption of a grant-
(i) in case of a grant held for the performance of religious service, on the ground-
(a) that the object for which the grant was made has ceased to exist; or
(b) that the grantee has died, leaving no heir entitled to succeed him under the law applicable to the deceased; or
(c) that the grantee has ceased to render the service which he is bound to render;
(ii) in case of a grant for the performance of secular service, on the ground that the landlord no longer requires such service or the grantee has ceased to render such service;
(iii) in case of a village service grant, on the ground that the grantee has ceased to render the service;
(iv) in case of a grant held for the life-time of the grantee or for a term, on the ground that the grantee has died or the term has expired, as the case may be;
(v) in case the grant is held at the pleasure of the grantor, on the ground that it is so held;
(vi) in case of a grant to which the provisions of clause (f) of section 117 apply, on the ground that the institution or the building has ceased to exist. |
Ajmer Tenancy and Land Records Act, 1950 | 119 | 119. How to deal with resumable grant.-
If the trial court finds on Inquiry that the grant is resumable under section 118, it shall-
(i) in a case to which the provisions of sub-clause (a) or (b) of clause (i), or clause (ii), (iv), (v) or (vi) of section 118 apply, declare the person in possession-
(a) a hereditary tenant if, on the date of the application for resumption, such person has been in continuous occupation of such grant for twelve years or more; or
(b) as holding without title, if the period of his occupation on such date is less than twelve years, and order his ejectment from such grant; and
(ii) in a case to which the provisions of sub-clause (c) of clause (i) or clause (iii) of section 118 apply, order the ejectment of the grantee and appoint a suitable successor in office with or without the consent of the landlord, as the court deems fit. |
Ajmer Tenancy and Land Records Act, 1950 | 12 | 12. Order of demarcation of niji jot.-
(1) On the receipt of such application the sub-divisional officer shall issue a proclamation calling upon all persons who claim an interest in such land to file objections, if any, within the period specified in such proclamation.
(2) If, after hearing the objections, if any, and making such further inquiry as he deems fit, the sub-divisional officer is satisfied that the land to be demarcated as niji jot has been held by the applicant as his khudkasht since the agricultural year beginning on the first day of June, 1948, he shall pass an order for the demarcation of such land asniji jot and submit the record of the case for confirmation of the order passed by him to the collector. |
Ajmer Tenancy and Land Records Act, 1950 | 120 | 120. Application of certain Chapters and sections to grantees.-
(1) A grantee may-
(i) obtain a declaration of his status;
(ii) make improvements and claim compensation therefore;
(iii) plant trees;
(iv) claim reinstatement in his holding, if wrongfully dispossessed; and
(v) eject a person taking or retaining possession of his land in contravention of the provisions of this Act and claim damages, and the respective provisions of the Act relating to such matters shall, mutatis mutandis, apply to him as they apply to a hereditary tenant.
(2) The provisions of Parts II and III of Chapter VIII and of section 62 and sections 108 to 110 and sections 164 to 168 shall, mutatis mutandis, apply to a grantee at afavourable rate of rent as they apply to a hereditary tenant.
(3) The provisions of sections 88, 89 and 111 and of Chapters XIV and XV, so far as they are applicable, shall apply to a grantee as they apply to a hereditary tenant.
(4) The amount of a decree for arrears of rent passed against a grantee at a favourable rate of rent, if not satisfied within four months of the date on which such decree becomes final, shall, on an application to the tahsildar, be recovered under sections 88 and 89 as if it were a sum due on account of sayar and paid to the person entitled. |
Ajmer Tenancy and Land Records Act, 1950 | 121 | 121. Grants, how far transferable.-
(1) Except as otherwise provided in sub-section (2), no grantee shall transfer by sale, mortgage, gift or otherwise his interest in a grant which is liable to resumption under the provisions of this Act.
(2) No grantee shall 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. |
Ajmer Tenancy and Land Records Act, 1950 | 122 | 122. Void transactions.-
A transaction by which a grantee transfers or lets his holding or a portion thereof in contravention of the provisions of section 121 shall be void. |
Ajmer Tenancy and Land Records Act, 1950 | 123 | 123. Power to hear cases of grantees.-
An application under section 117, 118 or 120, shall be entertained, heard and decided by the sub-divisional officer who shall submit the record of the case for confirmation of the order or the decree passed by him to the collector. |
Ajmer Tenancy and Land Records Act, 1950 | 124 | Chapter XII
Preparation of Record-of-Rights and Determination and Modification of Rent and Rent-Rates
124. Applicability of Part III.-
No notification under sub-section (3) of section 1 shall be made in respect of Part III of this Chapter, unless, in the area to which such part is applied, rent-rates have been determined and the record-of-rights has been framed in accordance with the provisions of this Chapter:
Provided that if the Chief Commissioner is satisfied that in such area the rent-rates determined in the year of settlement and the record-of-rights framed in such year and maintained since are reliable, he may accept such rent-rates, with or without modification, and such record-of-rights, as framed and determined in accordance with the provisions of this Chapter. |
Ajmer Tenancy and Land Records Act, 1950 | 125 | Part I.-
Preparation and maintenance of maps and records
125. Power to form and alter Patwaris circles.-
The collector may, with the previous sanction of the Chief Commissioner, divide the area of the State into mahals, thoks or other convenient units, and arrange them intogirdawars' and patwaris' circles and may alter the number and limits of such circles, but no such division, arrangement or alteration shall be final unless it has been sanctioned by the Chief Commissioner. |
Ajmer Tenancy and Land Records Act, 1950 | 126 | 126. Appointment of patwaris.-
The collector shall appoint a patwari to each circle for preparing and maintaining the record-of-rights and registers specified in this Act and for performing such other duties as the Chief Commissioner may prescribe. |
Ajmer Tenancy and Land Records Act, 1950 | 127 | 127. Appointment of girdawars.-
The collector shall appoint one or more girdawars in each tahsil for the proper supervision, maintenance and correction of the annual registers and records, and for such other duties as the Chief Commissioner may prescribe. |
Ajmer Tenancy and Land Records Act, 1950 | 128 | 128. Cadre and pay of girdawars and patwaris.-
The Chief Commissioner may fix the cadre, grades and pay of girdawars and patwaris and other staff required for the preparation and maintenance of the record-of-rights. |
Ajmer Tenancy and Land Records Act, 1950 | 129 | 129. Girdawars and patwaris to be public servants.-
Every girdawar and patwari shall be deemed to be a public servant within the meaning of the Indian Penal Code (Act XLV of 1860). |
Ajmer Tenancy and Land Records Act, 1950 | 13 | 13. Demarcation.-
The sub-divisional officer shall have the demarcation made on the spot and shall prepare and place on record a map, indicating the plots demarcated as niji jot. |
Ajmer Tenancy and Land Records Act, 1950 | 130 | 130. Maintenance of maps and fieldbooks.-The collector shall maintain a map and a field book of each village in the State and shall cause annually, or at such longer intervals as may be prescribed, to be recorded therein all changes in the boundaries of each village, mahal or field, and shall correct any error in such map or field book. |
Ajmer Tenancy and Land Records Act, 1950 | 131 | 131. Obligation of owners as to boundary marks.-
(1) Every landlord of a village, mahal or field is bound to maintain and keep in repair the permanent boundary marks and the collector may at any time order such landlord-
(a) to erect proper boundary marks on such village, mahal or field; or
(b) to repair or renew, in such form and with such material as he may order all such boundary marks.
(2) If such order is not complied with within thirty days from the communication thereof, or such longer period as the collector may allow, he shall cause such boundary marks to be erected, repaired or renewed, and shall recover the charges incurred from the landlord concerned as arrears of revenue.
(3) Survey marks shall, as prescribed, be maintained and kept in repair by the collector. |
Ajmer Tenancy and Land Records Act, 1950 | 132 | 132. Record-of-rights.-
(1) There shall be a record-of-rights for each village, or if a mahal or other unit formed under section 125 consists of two or more villages or portions of villages, the record may be prepared for each such village or portion separately.
(2) The record-of-rights shall include the following documents:-
(i) a khewat which shall comprise-
(a) a register of all the proprietors in the village, including the proprietors of specific areas, and, in estates mentioned in the Second Schedule, maintenance-holders; and
(b) a register of jagirdars and muafidars.
(ii) a khatauni which shall be a register of persons cultivating or occupying land as tenants or otherwise; and
(iii) a wajib-ul-arz which shall be a record of customs obtaining in the State or any part thereof.
Explanation.-In this section the word "proprietor" shall include a person in possession of proprietary rights under a mortgage or lease. |
Ajmer Tenancy and Land Records Act, 1950 | 133 | 133. Contents of certain registers.-
The registers specified in clauses (i) and (ii) or sub-section (2) of section 132 shall specify the nature and extent of the interest of each person recorded therein and shall be prepared in the prescribed form. |
Ajmer Tenancy and Land Records Act, 1950 | 134 | 134. Registers of revenue-paying, revenue-assigned and revenue-free villages.-
The collector shall prepare and maintain-
(a) a register of all revenue-paying villages, mahals, thoks or other units, specifying the revenue assessed on each and the person by, or through whom it is payable; and
(b) a register of all revenue-free and revenue-assigned villages and areas, specifying the authority and conditions for exemption or assignment as the case may be. |
Ajmer Tenancy and Land Records Act, 1950 | 135 | 135. The annual registers.-
(1) The collector shall be responsible for maintaining the record-of-rights specified in clauses (i) and (ii) of sub-section (2) of section 132, and, for that purpose, shall annually, or at such longer intervals as may be prescribed, cause to be prepared an amended set of such registers, and the registers so prepared shall be called annual registers.
(2) The collector shall cause to be recorded in the annual registers all changes that may take place as a result of succession or transfer or otherwise, and shall correct any error in such registers.
(3) No entry in the wajib-ul-arz shall be altered except as a result of inquiry in any settlement or record operations in the State. |
Ajmer Tenancy and Land Records Act, 1950 | 136 | 136. Obligation to furnish information necessary for compilation of certain record-of-rights.-
(1) Every person, obtaining possession by succession or transfer of any proprietary or other right which is required by this Act or any rule made thereunder to be recorded in any register prescribed by clause (i) or clause (ii) of sub-section (2) of section 132, shall report such succession or transfer to the prescribed authority. If such person is a minor or otherwise disqualified, the guardian in charge of his property shall make such report.
(2) Every such person, or, if he is a minor or otherwise disqualified, his guardian, shall furnish, on the requisition of the patwari, girdawar or any other officer or employee of the revenue department, engaged in compiling such register, all information necessary for the correct compilation thereof.
(3) No revenue court shall entertain any application under this Act by the person so succeeding or otherwise obtaining possession, until such person, or, if he is a minor or otherwise disqualified, his guardian, has made a report required by this section.
Explanation.-In this section, the word "transfer" shall include a family settlement. |
Ajmer Tenancy and Land Records Act, 1950 | 137 | 137. Decision of disputes.-
All disputes affecting the entries in the annual registers shall be decided in the following manner:-
(i) those relating to entries to be made in the khewat, on the basis of possession or, if possession is doubtful, on the basis of summary inquiry into the question of title;
(ii) those relating to class or tenure of any tenant, the rent payable by him or any other matter to be recorded in the khatauni, in accordance with the provisions of this Act and the terms of the lease, if any, so far as they are consistent with such provisions; and
(iii) those relating to boundaries, on the basis of the survey map, and in case one was not prepared or is not available, on the basis of actual possession. |
Ajmer Tenancy and Land Records Act, 1950 | 138 | 138. Inquiry into cases.-
(1) Contested cases relating to entries in the annual registers and to boundary disputes shall be heard and decided by the sub-divisional officer who shall submit the record of the case for confirmation of the order passed by him to the collector.
(2) Uncontested cases shall be disposed of by the tahsildar. |
Ajmer Tenancy and Land Records Act, 1950 | 139 | 139. Certain decisions, no bar to civil suit.-
No entry made or order passed under section 138, relating to entries in the khewat, or to boundary disputes, shall debar any person from establishing his right to any property in a court of competent jurisdiction. |
Ajmer Tenancy and Land Records Act, 1950 | 14 | 14. Status of tenant of niji jot.-
A landlord may let his niji jot subject to the same restrictions as apply to sub-letting by a hereditary tenant under section 27:
Provided that if such landlord lets his land which is niji jot in contravention of the provisions of this section, such land shall cease to be niji jot and the person to whom the land is so let shall become hereditary tenant thereof. |
Ajmer Tenancy and Land Records Act, 1950 | 140 | 140. Value of entries and decisions in contested cases.-
Subject to the provisions of section 139, the decision given under sub-section (1) of section 138 shall be binding on the parties to the dispute and an entry made in thekhewat or khatauni under the order of the sub-divisional officer or the collector in a contested case shall be presumed to be correct until the contrary is proved. |
Ajmer Tenancy and Land Records Act, 1950 | 141 | 141. Appointment and punishment of lambardars and patels.-
The collector may appoint one or more lambardars or patels in a village, mahal or thok and may suspend, remove or dismiss them. |
Ajmer Tenancy and Land Records Act, 1950 | 142 | Part II. -
Record and rent-rate operations and the appointment of officers
142. Record and rent-rate operations.-
(1) The Central Government may, by notification in the official Gazette, order that in any estate mentioned in the Second Schedule or group of such estates or in any other area of the State, a preparation or revision of the record-of-rights or survey or re-survey, or the determination of rent-rates for any class or classes of soils, or some or all of these operations be taken in hand, whether by revision of the most recent records and rent-rates or otherwise, and may appoint an officer as a record officer or rent-rate officer to be in charge of record or rent-rate operations, as the case may be, and as many assistant record officers as it deems fit.
(2) From the date of the notification every such estate or group of estates or other area shall be held to be under record, or rent-rate operations or both, as the case may be, until the issue of another notification, declaring such operations to be closed therein. |
Ajmer Tenancy and Land Records Act, 1950 | 143 | 143. Powers of the record officer, assistant record officer and rent-rate officer.-
(1) For such period and to such extent as he deems fit, the Chief Commissioner may empower the record officer or the rent-rate officer-
(i) to perform the duties and exercise the powers of a collector under Part I of this Chapter; and
(ii) to commute, abate, enhance and determine rents in accordance with the provisions of Part III of this Chapter in any area to which such Part has been applied.
(2) An assistant record officer shall exercise such powers of the record officer or any other revenue court as the Chief Commissioner may, by order in writing, specify, and shall submit the record of cases decided by him to the record officer for confirmation. |
Ajmer Tenancy and Land Records Act, 1950 | 144 | 144. Sanctioned rates.-
The sanctioned rates shall be the rates determined under this Part: Provided that if in any part of the State such rates have not been determined, a revenue court requiring the use of such rates, otherwise than for deciding abatement, enhancement or commutation of rent cases, shall in the manner prescribed work out appropriate rates after making local inspection and considering the rent generally payable by tenants of the same class for land of the same class in the vicinity, and the rates so worked out shall be deemed to be the sanctioned rates. |
Ajmer Tenancy and Land Records Act, 1950 | 145 | 145. Duration of rent-rates.-
When rent-rates are determined for any area, they shall not, unless the Central Government otherwise directs, be determined again until a period of not less than twenty years has elapsed. |
Ajmer Tenancy and Land Records Act, 1950 | 146 | Procedure in determining cash rent-rates
146. Circle and soil classification.-
(1) If, any estate or group of estates or any other area for which rent-rates in money are to be determined, has not been divided into assessment circles, or, if classification of the soil thereof has not been made, or if the Central Government orders a revision of the existing circles or soil classification or both, the rent-rate officer shall make circles and classify she soils, and shall propose rent-rates for each class of soil in each circle.
(2) If such estate, group of estates or area has previously been divided into assessment circles, the rent-rate officer shall propose separate rates for each circle, and for each separate class of soil previously demarcated therein, unless, by order of the Central Government, the circles or the classification of soils, or both are revised by him. |
Ajmer Tenancy and Land Records Act, 1950 | 147 | 147. Basis of rates for hereditary tenants.-
(1) The rates proposed by the rent-rate officer for hereditary tenants shall be based on genuine and stable rents paid by such tenants.
(2) In proposing rates in accordance with sub-section (1), the rent-rate officer shall have regard to the provisions of sections 63 and 64 and shall, before framing his proposals, take into consideration-
(a) the value of the produce with a view to seeing that the valuation of the holdings of hereditary tenants at the proposed rates does not exceed one-fifth of such value;
(b) the prices of agricultural produce prevailing in the main markets of the neighbourhood;
(c) the changes in the crops grown and in the amount of the produce;
(d) the rotation of crops and periods of rest which tenants usually allow to land;
(e) the average size of holdings in the circle and methods of cultivation;
(f) the results of crop-cutting experiments in the local area for which rates are proposed and in the different parts of the State generally;
(g) the level of bighori rates, if payable in any particular area in respect of certain crops; and
(h) such other matters as generally affect rents payable by tenants.
(3) In proposing rates for occupancy and exproprietary tenants, the rent-rate officer shall have regard to the scale of rents prescribed for such tenants in relation to the scale of rent payable by hereditary tenants under sections 63 and 64.
(4) The rent-rate officer shall also record for each village whether the rates proposed by him are applicable without modification to the village as a whole or to a specified area or class of soil therein, and in case they require modification, the extent of such modification; and, in their application to such village, area or class, the rates shall be deemed to be modified accordingly. |
Ajmer Tenancy and Land Records Act, 1950 | 148 | 148. Provision for rates in special cases.-
The rent-rate officer shall propose rates for the commutation of-
(a) rent paid by batai, or partly by batai and partly by bighori, into fixed money rent; and
(b) rent paid by batai into bighori at current rates. |
Ajmer Tenancy and Land Records Act, 1950 | 149 | 149. Procedure in publishing and sanctioning rates.-
(1) The rent-rate officer shall publish, in such manner as may be prescribed, the proposals and records made by him under sections 147 and 148 and shall receive and consider any objection which may be made to him.
(2) When such objections, if any, have been considered and disposed of, the rent-rate officer shall submit the proposals and records made by him after such modification, if any, as he may deem fit, to the Chief Commissioner.
(3) On receipt of the proposals, the Chief Commissioner may direct further inquiry into any of the matters contained therein and shall, if satisfied that such proposals have been rightly framed, submit them to the Central Government for acceptance.
(4) The Central Government shall either sanction the proposed circles, soil classification, rates and other matters recorded under sections 147 and 148, or may, for reasons to be recorded, sanction them with such modification as it deems fit, and the rates so sanctioned shall be sanctioned rates. |
Ajmer Tenancy and Land Records Act, 1950 | 15 | 15. Succession to niji jot.-
On the death of the holder of niji jot, the niji jot rights shall devolve in accordance with the law which regulates the succession of proprietary right in such land. |
Ajmer Tenancy and Land Records Act, 1950 | 150 | 150. Civil suit relating to record-of-rights and certain other matters barred.-
Subject to the provisions of section 139, no suit shall be brought in any civil court in respect of any matter concerning the entries in, or preparation of, a record-of-rights, the framing, publication, signing or attestation of such record or of any part of it, or the determination of rent-rates under the provisions of this Chapter. |
Ajmer Tenancy and Land Records Act, 1950 | 151 | Part III.-
Commutation, abatement, enhancement, and determination of rent
151. Commutation of rent from kind to cash.-
(1) Where an occupancy, an exproprietary or a hereditary tenant has heretofore paid his rent by bighori or batai, or partly by bighori and partly by batai, he may apply for the commutation of such rent to a fixed money rent: Provided that in an area where rents are paid by bighori for some crops and by batai for others, the tenant may elect to have that portion of the rent which is payable by batai alone commuted into bighori on the basis of sanctioned rates appropriate to him, and in such case the court shall commute that portion which is payable by batai by fixing a rate of rent per bigha for batai crops grown on the holding. |
Ajmer Tenancy and Land Records Act, 1950 | 152 | 152. Commutation of rent from cash to kind.-
Where the rent of an occupancy, an exproprietary or a hereditary tenant has been commuted under section 151, he may, subject to the provisions of clause (ii) of section 161, apply that the rent of such holding be declared as payable by batai in accordance with the provisions of sections 63 and 64, or, if before commutation it was payable partly by bighori and partly by batai, in the manner it was payable before such commutation, and the court shall make such declaration. |
Ajmer Tenancy and Land Records Act, 1950 | 153 | 153. Grounds of abatement of fixed money rent.-
The fixed money rent or the bighori, determined under section 151, of an occupancy, an exproprietary of a hereditary tenant shall be liable to abatement on one or more of the following grounds:-
(a) that the rent payable by the tenant is substantially greater than the rent calculated at the sanctioned rates appropriate to him; or
(b) that the productive power of the land held by the tenant has decreased by any cause beyond the control of the tenant during the currency of the present rent; or
(c) in case of fixed money rent, 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. |
Ajmer Tenancy and Land Records Act, 1950 | 154 | 154. Ground of enhancement of fixed money rent.-
The fixed money rent of the bighori, determined under section 151, of an occupancy, an exproprietary or a hereditary tenant, shall be liable to enhancement on one or more of the following grounds:-
(a) that the rent payable by the tenant is substantially less than the rent calculated at the sanctioned rates appropriate to him; or
(b) that the productive power of the land held by the tenant has increased by an improvement effected by, or at the expense of, the land holder, other than a work in respect of which irrigation dues are payable under section 87 or which is carried out under the scheme sanctioned by the Central Government under section 5 of the Delhi and Ajmer-Merwars Land Development Act, 1948 (LXVI of 1948); or
(c) in case of fixed money rent, that the area of the holding has been increased by alluvion. |
Ajmer Tenancy and Land Records Act, 1950 | 155 | 155. Order for determination, commutation or variation of rent, when to take effect.-
Except as otherwise provided in sub-section (3) of section 163, every order for abatement, enhancement, commutation or determination of rent shall take effect from the commencement of the agricultural year, next following the date of such order. |
Ajmer Tenancy and Land Records Act, 1950 | 156 | 156. Joinder of parties in cases relating to variation of rent.-
(1) An application for commutation, abatement or enhancement of rent may be made against, or by, any number of tenants collectively: Provided that all such tenants are tenants of the same landholder, and all the holdings in respect of which the application is made are situated in the same village.
(2) No order shall be passed in any such proceeding affecting the interest of any person, unless the court is satisfied that he has had an opportunity of being heard.
(3) The order shall specify the extent to which each of the holdings is affected thereby. |
Ajmer Tenancy and Land Records Act, 1950 | 157 | 157. Determination of rent on partial ejectment.-
When a tenant is ejected under an order of a court from a part only of his holding which is assessed to fixed money rent, or being entitled to surrender a part of such holding legally surrenders such part, either he or his landholder may apply for the determinations of the rent of the remainder. |
Ajmer Tenancy and Land Records Act, 1950 | 158 | 158. Rent, how calculated for commutation, variation or determination.-
Subject to the provisions of sections 160 and 163, when rent is to be determined or commuted into fixed money rent, or the fixed money rent or the bighori determined under section 151 is to be abated or enhanced, the court shall calculate the rent-
(a) in the case of hereditary tenants, in accordance with the rates sanctioned for hereditary tenants; and
(b) in case of occupancy and exproprietary tenants, in accordance with rates which shall conform to the scale prescribed for such tenants in relation to hereditary tenants under the provisions of sections 63 and 64: Provided that, for special reasons to be recorded, the court may modify the sanctioned rates applicable to any particular case, and it shall modify such rates if it finds that, as a result of their application, the rent arrived at on commutation, abatement, enhancement or determination, as the case may be, is substantially different from the money value of the rent payable by the same class of tenants under the provisions of sections 63 and 64. |
Ajmer Tenancy and Land Records Act, 1950 | 159 | 159. Meaning of "substantial" in certain sections.-
For the purposes of sections 153, 154 and 158 a difference of ten per cent. or more shall be deemed to be substantial. |
Ajmer Tenancy and Land Records Act, 1950 | 16 | 16. Collector's powers to let to tenants.-
If the collector is satisfied that the landlord of an estate or village, without good reason, keeps large areas of his niji jot and other culturable land uncultivated, or that an emergency has arisen for bringing under cultivation land which has not been previously cultivated or, if previously cultivated, has remained uncultivated for more than three years, he may,
(i) with the previous sanction of the Chief Commissioner, take possession of such land, and
(ii) notwithstanding anything to the contrary contained in this Act, allot it for cultivation on such terms and conditions as may be prescribed, and
the person to whom the land is so allotted shall, unless he is the landlord at such land, be deemed to have been admitted as tenant within the meaning of clause (b) of section 22: Provided that, while giving his sanction under clause (i), the Chief Commissioner may exempt from its operation any land which is used as pasture land or threshing-floor, or for some other purpose for the benefit of the public. |
Ajmer Tenancy and Land Records Act, 1950 | 160 | 160. Basis of variation of rent in certain cases.-
(1) In any proceedings for abatement of fixed money rent on the ground that the area of the holding has decreased by diluvion or by the taking up of land for a public purpose or for a work of public utility, or under the provisions of section 37, or for enhancement on the ground that the area of the holding has increased by alluvion, the court shall abate or enhance the rent with reference to the existing rent and the decrease or increase in the area of the holding.
(2) In any proceedings for enhancement of fixed money rent or the bighori determined under section 151 on the ground that the productive power of the holding has increased by an improvement effected by, or at the expense of, the landholder or for abatement of rent on the ground that such power has decreased by any cause beyond the control of the tenant, the court shall enhance or abate the rent with reference to the existing rent and the increase or decrease of the productive power.
(3) In an application for the determination of the fixed money rent of a portion of a holding under section 157, the court shall determine the rent with reference to the rent payable before ejectment or surrender and the loss of area due to such ejectment or surrender. |
Ajmer Tenancy and Land Records Act, 1950 | 161 | 161. Period for which rent is not liable to modification.-
Save as provided in section 163, when the rent of an occupancy, an exproprietary or a hereditary tenant has been commuted, abated or enhanced in accordance with the provisions of this Act, it shall not be liable to be commuted, abated or enhanced unless-
(i) in case of abatement or enhancement of rent-
(a) the revenue payable by the landlord has been revised; or
(b) there has occurred a decrease or increase in the productive power or the area of the land held by the tenant, as provided in clauses (b) and (c) of sections 153 and 154; or
(c) the sanctioned rates have been altered; and
(ii) in case of commutation of rent, a period of three years, or such longer period as may have been extended under section 83, has elapsed since the date of the last commutation order. |
Ajmer Tenancy and Land Records Act, 1950 | 162 | 162. Applications for variation of rent, by whom to be entertained.-
(1) Save as provided in sub-sections (2) and (3), all applications for commutation, abatement, enhancement or determination of rent shall be made to, and heard and decided by, the sub-divisional officer who shall submit the record of the case for confirmation of the order passed by him to the collector.
(2) When any area is under rent-rate operations, or when rent-rates have been determined under this Act for any area, or accepted under the proviso to section 124 and such area is placed under record operations, all such applications relating to such area shall be filed in the court of the rent-rate officer or the record officer, as the case may be.
(3) If such application is heard and decided by the rent-rate officer or the record officer, the record of the case shall be submitted for the confirmation of the order passed by him to the Chief Commissioner. |
Ajmer Tenancy and Land Records Act, 1950 | 163 | Chapter XIII
Extraordinary and Emergency Provisions
163. Provision of rent and revenue in an emergency.-
(1) Notwithstanding anything in this Act or in any other law for the time being in force, when the Central Government is satisfied that an emergency has arisen in any area, it may appoint to such area an officer of the grade of an assistant commissioner and invest him with all or any of the following powers:-
(a) the powers of a rent-rate officer and a record officer;
(b) if sanctioned rates have not been determined or have not been accepted under the proviso to section 124 for such area, powers to commute, abate, enhance or determine rents summarily otherwise than in accordance with such rates; and
(c) powers to revise revenue assessed on any estate, mahal, village or thok in which rents have been commuted, abated, enhanced or determined under this Chapter.
(2) If, as a result of any order passed by the officer appointed under sub-section (1), the assets of any estate or area are increased or decreased, such officer shall increase or decrease, as the case may be, the revenue of such estate, village, mahal or thok in the proportion which such increased or decreased assets bear to the assets before such increase or decrease.
(3) Every order passed by such officer in exercise of the powers conferred on him under sub-section (1) shall be submitted for confirmation to the collector or such other officer as the Chief Commissioner may, by order, specify and shall take effect from such date as the officer passing it or the confirming court may direct. |
Ajmer Tenancy and Land Records Act, 1950 | 164 | 164. Remission or suspension of rent in agricultural calamities.-
(1) On the occurrence of an agricultural calamity, affecting the crops of any village or area, the Central Government or any authority empowered by it in this behalf, may remit or suspend for any period the whole or any portion of the rent payable by a tenant in respect of any holding affected by such calamity.
(2) When the Central Government or such authority remits or suspends rent, it shall remit or suspend for a like period the whole or portion of tie revenue assessed on such village or area. |
Ajmer Tenancy and Land Records Act, 1950 | 165 | 165. Bar to collection of rent remitted or suspended.-
No landholder shall collect, under the provisions of this Act or otherwise, any rent the payment of which has been remitted or, during the period of suspension, any rent the payment of which has been suspended under section 164. |
Ajmer Tenancy and Land Records Act, 1950 | 166 | 166. Period of suspension to be excluded in computing period of limitation.-
When the payment of rent has been suspended in accordance with the provisions of section 164, the period during which the suspension continues shall be excluded in computing the period of limitation under this Act for the recovery of such rent. |
Ajmer Tenancy and Land Records Act, 1950 | 167 | 167. Remission for calamity by court decreeing claim for arrears.-
(1) If it Appears to a court passing a decree for arrears of rent that the area of the holding was so decreased by diluvion or otherwise, or that the produce thereof was so diminished by drought, hail, pests, deposit of sand or other like calamity during the period for which the arrears are claimed, or that the full amount of rent payable by the tenant for that period cannot be equitably decreed, it may, with the sanction of the collector, allow such remission from the rent payable by the tenant for that period as it deems fit.
(2) The court allowing such remission shall submit the record of the case for confirmation of the order passed by it to the collector.
(3) No remission made under this section shall be deemed to vary the rent payable by the tenant otherwise than for the period in respect of which such remission was made.
(4) When remission of rent is granted in accordance with the provisions of this section, the collector shall, on the application of the landlord, grant a remission of revenue in proportion to the rent remitted for the corresponding area belonging to the same landlord. |
Ajmer Tenancy and Land Records Act, 1950 | 168 | 168. Jurisdiction of certain courts excluded in cases of remission and suspension of rent or revenue.-
Except as provided in this Act, an order for revision, remission or suspension of rent or revenue passed under this Chapter shall not be called in question in any court. |
Ajmer Tenancy and Land Records Act, 1950 | 169 | Chapter XIV
Procedure and Jurisdiction of Courts
General provisions
169. Cases cognizable by revenue courts.-
A case which is cognizable by a revenue court under this Act shall be heard and decided by such court, and no court other than a revenue court shall, except as provided in this Act, hear or decide any such case, or any suit or application based on a cause of action in respect of which relief could be obtained in a revenue court.
Explanation.-If the cause of action is one in respect of which relief might be granted by the revenue court, it is immaterial that the relief asked for from the civil court is different from, greater than, or additional to, that which the revenue court could have granted. |
Ajmer Tenancy and Land Records Act, 1950 | 17 | Chapter IV
Classes of Tenants
17. Classes of tenants.-
There shall be, for the purposes of this Act, the following clauses of tenants, namely,-
(a) occupancy tenants;
(b) exproprietary tenants;
(c) hereditary tenants; and
(d) non-occupancy tenants. |
Ajmer Tenancy and Land Records Act, 1950 | 170 | 170. Procedure of revenue courts.-
The Chief Commissioner may frame rules for regulating the procedure of revenue courts and may, in doing so, extend or apply any provisions of the Code of Civil Procedure, 1908 (V of 1908), with or without modification: Provided that until such rules are framed and, subject to them when framed, the provisions of the Code of Civil Procedure, 1908 (Act 5 of 1908), shall, except when they are inconsistent with anything in this Act, or relate to special suits or proceedings outside the scope of this Act, apply, in so far as they are applicable, to proceedings under this Act. |
Ajmer Tenancy and Land Records Act, 1950 | 171 | 171. Application of Indian Limitation Act, 1908.-
Sections 4, 5 and 12, sub-section (2) of section 14 and sub-sections (1) and (2) of section 17 of the Indian Limitation Act, 1908, shall apply, mutatis mutandis, to applications and other proceedings under this Act. |
Ajmer Tenancy and Land Records Act, 1950 | 172 | 172. Limitation in cases under this Act.-
Except as provided in section 171, no application under this Act shall, if the period for filing it is specified therein, be filed after the expiry of such period. |
Ajmer Tenancy and Land Records Act, 1950 | 173 | 173. Payment of court-fees under this Act.-
(1) No court-fee shall be payable when the first application is filed by a party to any proceeding under this Act.
(2) Any second or subsequent application made in the course of the same proceeding shall bear a court-fee stamp of four annas only: Provided that when, under this Act, any sum is collected by a revenue court as arrears of revenue or as sayar on behalf of an applicant or a party to a proceeding, or when the amount of a decree is paid into court under section 98, such court shall, notwithstanding anything in this Act, before making payment to the person entitled, deduct seven and a half per cent. of the amount so collected or paid into court as court-fee and pay the balance to such person: Provided further that if in any case, after issues have been framed and any evidence has been recorded, the first application is dismissed or withdrawn, the trial court or the confirming court, as the case may be, shall assess the amount of the court-fee which, but for the provisions of sub-sections (1) and (2), the applicant would have been liable to pay under the Court-Fees Act, 1870 (7 of 1870), as applied to the State, deduct the amount, if any, paid as court-fee under sub-section (2) and recover the balance as arrears of revenue. |
Ajmer Tenancy and Land Records Act, 1950 | 174 | Subordination of courts
174. Subordination of courts.-
(1) All revenue courts in the State shall be subordinate to the Chief Commissioner.
(2) All revenue courts specified in sub-clauses (iv) to (viii) of clause (35) of section 4 shall be subordinate to the collector, and the revenue courts specified in sub-clauses (vi) to (viii) of the said clause shall be subordinate to the sub-divisional officer of the area within which they exercise jurisdiction.
(3) An assistant record officer shall be subordinate to the record officer. |
Ajmer Tenancy and Land Records Act, 1950 | 175 | Powers of courts and places for holding courts
175. Place of sitting of revenue courts.-
(1) A revenue court mentioned in sub-clause (i), (ii) or (iii) of clause (35) of section 4 and, subject to the orders of the collector, a revenue court mentioned in sub-clause (v) of the said clause may hear and dispose of cases at any place within the State.
(2) A sub-divisional officer may hold his court at any place within his sub-division or, with the sanction of the collector, in any other part of the State.
(3) A tahsildar or a naib-tahsildar may hold his court at any place within his tahsil.
(4) A revenue court, mentioned in clause (a) or (b) of section 180, may sit in any part of the State specified by the collector. |
Ajmer Tenancy and Land Records Act, 1950 | 176 | 176. Chief Commissioner's power to confer powers.-
The Chief Commissioner may, by notification in the Official Gazette, confer on an assistant commissioner or a sub-divisional officer all or any of the powers of a collector under this Act to be exercised in respect of such cases or class of cases or such other matters as may be specified in such notification. |
Ajmer Tenancy and Land Records Act, 1950 | 177 | 177. Collector's power to place assistant commissioner in charge of sub-division.-
(1) The collector may place any assistant commissioner in charge of a sub-division and may remove him therefrom.
(2) The assistant commissioner so placed in charge shall be sailed a sub-divisional officer and shall, subject to the control of the collector, exercise all the powers conferred, and discharge all the duties imposed, upon the sub-divisional officer by this Act, or any rules made thereunder. |
Ajmer Tenancy and Land Records Act, 1950 | 178 | 178. Collector's powers to authorise certain courts to entertain and dispose of applications.-
The collector may, by order in writing, empower-
(a) an assistant commissioner to entertain and decide applications, and to receive and dispose of cases submitted for confirmation of a decree or an order passed by atahsildar, which a sub-divisional officer is empowered under this Act to entertain, decide, receive or dispose of; and
(b) a naib-tahsildar of not less than three years standing, to entertain and dispose of such applications as a tahsildar is empowered under this Act to entertain and dispose of. |
Ajmer Tenancy and Land Records Act, 1950 | 179 | 179. Powers of revenue courts to refer cases for investigation and report.-
Any revenue court may refer any case which it is empowered to dispose of to any revenue court subordinate to it for investigation and report. |
Ajmer Tenancy and Land Records Act, 1950 | 18 | 18. Occupancy tenants.-
Every person-
(a) other than a person to whom the provisions of section 7 of the Ajmere Land and Revenue Regulation, 1877 (2 of 1877) apply, who, before the commencement of this Act, was admitted to the occupation of land and who has, before such commencement, sunk a well, reclaimed or otherwise developed such land, or
(b) who was recorded in the year of settlement as tenant with a permanent right of tenancy (mazara-i-mustaqil) and has continued in possession since, shall be called an occupancy tenant. |
Ajmer Tenancy and Land Records Act, 1950 | 180 | 180. Powers of Chief Commissioner to create shamlat committee and courts.-
The Chief Commissioner may-
(a) create an honorary court and invest it with powers to hear and dispose of cases which a tahsildar may hear and dispose of under the provisions of this Act;
(b) establish a punchayat in any village or group of villages of the State, and invest such punchayat with powers to hear and dispose of cases which a tahsildar may hear and dispose of under the provisions of this Act, and to perform such other duties as may be prescribed;
(c) sanction the creation of a shamlat committee in any village or town which has at least three hundred acres of stable land as shamlat deh; and
(d) define the jurisdiction of the courts created or established under clause (a) or (b) of this section and provide for submission of the cases decided by them for confirmation to courts specified by him: Provided that no court so created or established under clause (a) or (b) shall hear or decide a case if such court or a member thereof is interested in the result of such case: Provided further that if, at the commencement of this Act, there exists a shamlat committee in any village or town to which the provisions of clause (c) apply, the Chief Commissioner may recognise such committee as one created under this section. |
Ajmer Tenancy and Land Records Act, 1950 | 181 | Confirmation of orders
181. Decree or order to be final in certain circumstances.-
Subject to the provisions of sections 185, 186 and 187, a decree or an order which is not required by this Act to be submitted to a confirming court shall be final. |
Ajmer Tenancy and Land Records Act, 1950 | 182 | 182. Submission to confirming court.-
When, under the provisions of this Act, a revenue court is required to submit the record of a case to a confirming court, it shall not comply with such provisions-
(i) unless any of the parties to such case has, within seven days of the decree or the order passed therein, made an application bearing a court-fee stamp of the value of two rupees and eight annas to such revenue court, requesting that the record be submitted for confirmation; or
(ii) if such decree or order is passed on the admission of a party to the case, or in terms of a compromise; or is based on the award of an arbitrator appointed by the parties; or
(iii) if the parties to the case apply in writing that they accept the decree or order as final: Provided that if any party challenges a decree or an order mentioned in clause (ii) on the ground that it does not conform to the compromise or the award, or that it goes beyond it, such court shall, on the application of such party, submit the record to the confirming court. |
Ajmer Tenancy and Land Records Act, 1950 | 183 | 183. Form of decree or order to be submitted for confirmation.-
(1) An order submitted for confirmation shall contain a concise statement of the case, the points for determination, the decision thereon, and the reasons for such decision.
(2) A decree submitted for confirmation shall conform to the order passed and shall be prepared only in cases and in the form prescribed. |
Ajmer Tenancy and Land Records Act, 1950 | 184 | 184. Procedure for confirmation.-
When the record of a case is received by a confirming court and the provisions of the section under which such, record is submitted do not specify the manner of confirmation, such court shall-
(i) call upon each of the parties to file, if he wishes to do so, a written statement setting forth, concisely and under distinct heads, the grounds of objection to the decree or order, numbered consecutively without any argument or narrative;
(ii) treat the written statement of the party against whom the decision was given by the trial court as memorandum of appeal, and that presented by the other party as memorandum of cross-objection; and
(iii) after hearing the parties or such of them as appear before him, pass an order which a court of appeal may pass under the provisions of Order 41 of the Code of Civil Procedure, 1908 (5 of 1908): Provided that no such written statement shall be entertained on behalf of a party who has not applied for submission of the record under clause (i) of section 182, unless it bears a court-fee stamp of the value of rupees two and annas eight. |
Ajmer Tenancy and Land Records Act, 1950 | 185 | Review
185. Review by the Chief Commissioner.-
The Chief Commissioner may, on his own motion, or on the application of a party, review any decree or order passed by him and may rescind, vary or confirm it. |
Ajmer Tenancy and Land Records Act, 1950 | 186 | 186. Review by other courts.-
Every other revenue court may review its judgment, order or decree to correct clerical or arithmetical errors, or errors arising therein from any accidental slip or omission: Provided that no application for review shall be entertained-
(a) after the record has been submitted to a confirming court; or
(b) if such application cannot be disposed of without recording further evidence. |
Ajmer Tenancy and Land Records Act, 1950 | 187 | Revision
187. Revision.-
(1) The Chief Commissioner or, in respect of a decree or an order passed by a civil court, the Judicial Commissioner may, on the application of a party, call for the record of any case which is decided by a court subordinate to him and if such subordinate court appears-
(a) to have exercised a jurisdiction not vested in it by law, or
(b) to have failed to exercise a jurisdiction so vested, or
(c) to have acted in the exercise of its jurisdiction illegally or with material irregularity, he may make such order as he thinks fit.
(2) An application for revision shall be made within three months of the passing of an order or a decree sought to be revised. |
Ajmer Tenancy and Land Records Act, 1950 | 188 | Transfer of cases
188. Power to transfer cases.-
The collector may, on the application of a party, transfer an application pending before a subordinate revenue court or a case submitted to such court for confirmation of a decree or an order from such court to any other court of competent jurisdiction: Provided that if the collector refuses to transfer such application or case, he shall submit the record for confirmation of the order passed by him to the chief Commissioner. |
Ajmer Tenancy and Land Records Act, 1950 | 189 | 189. Power of collector to transfer and withdraw cases.-
The collector may-
(a) transfer any case submitted to him or to any subordinate court for confirmation of a decree or an order to any subordinate court of competent jurisdiction; or
(b) by order recall to his own court any case pending for confirmation in a subordinate court; or
(c) withdraw from any court subordinate to him any case other than a case which is submitted to such court for confirmation, and try such case himself or transfer it to any other subordinate court of competent jurisdiction: Provided that if the collector himself hears and decides any case withdrawn under clause (c) he shall submit the record for confirmation of the order passed by him in such case to the Chief Commissioner. |
Ajmer Tenancy and Land Records Act, 1950 | 19 | 19. Exproprietary tenants.-
Every person who-
(a) is, at the commencement of this Act, an exproprietary tenant in accordance with the provisions of the Ajmere Land and Revenue Regulation, 1877 (2 of 1877), or
(b) acquires exproprietary rights in accordance with the provisions of this Act, shall be called an exproprietary tenant. |
Ajmer Tenancy and Land Records Act, 1950 | 190 | 190. Sub-divisional officer's power to transfer cases.-
A sub-divisional officer may, with the previous sanction of the collector, transfer any case or class of cases pending before him to any assistant commissioner competent to try such case or class of cases. |
Ajmer Tenancy and Land Records Act, 1950 | 191 | 191. Power of record officer to transfer and withdraw cases.-
A record officer may transfer any case or class of cases pending before him to any assistant record officer, and may withdraw any case or class of cases from an assistant record officer and try such case or class of cases himself or transfer the same to any other assistant record officer: Provided that if the record officer himself tries any case so withdrawn, he shall submit the record for confirmation of the order passed by him in such case to the Chief Commissioner. |
Ajmer Tenancy and Land Records Act, 1950 | 192 | 192. Transfer of cases by the district judge.-
A district judge may, with the previous sanction of the Judicial Commissioner, transfer any case submitted to him for confirmation of an order or a decree to an additional district judge or to a subordinate judge, and such additional district judge or subordinate judge shall dispose of such case as if he had the powers of a district judge under this Act. |
Ajmer Tenancy and Land Records Act, 1950 | 193 | Question of proprietary right in revenue court
193. Dispute as regards ownership of land.-
(1) If, in connection with any action taken by a landlord under clause (iii) of section 9, a dispute arises between him and any other person who claims to have a proprietary interest in the land in respect of which such action is taken, either party may apply to the collector for the decision of such dispute.
(2) On the receipt of such application, the collector shall follow the procedure specified in section 38 and the provisions of that section shall, mutatis mutandis, apply to the case.
(3) If, in consequence of the order passed by the collector, any loss results to a tenant or to any other person having an interest in the land to which such order relates, the collector shall, before submitting the record of the case to the confirming court, award monetary compensation to such tenant or other person.
(4) Any compensation awarded under this section shall be recovered as arrears of revenue and paid to the person entitled. |
Ajmer Tenancy and Land Records Act, 1950 | 194 | 194. Procedure when plea of proprietary right raised in revenue court.-
(1) Except as otherwise provided in sections 38 and 193, if in any proceeding, other than a proceeding under section 137, a question of proprietary right is raised and such question has net previously been determined by a court of competent jurisdiction, the revenue court shall frame an issue on the question of proprietary right, and submit the record to, the competent civil court for the decision of that issue only.
Explanation I.-A plea of proprietary right which is clearly untenable and intended to oust the jurisdiction of the revenue court shall not be deemed to raise a question of proprietary right within the meaning of this section.
Explanation II.-A question of proprietary right does not include the question whether land is khudkasht or niji jot.
(2) The civil court, after refraining the issue, if necessary, shall decide such issue and return the record together with its finding thereon to the revenue court which submitted it.
(3) The revenue court shall then proceed to decide the case, accepting such finding and shall, notwithstanding anything in this Act, submit the record to the district judge for confirmation of the order or the decree passed by it. |
Ajmer Tenancy and Land Records Act, 1950 | 195 | Question of tenancy right in civil courts
195. Procedure when plea of tenancy raised in civil court.-
(1) If in any suit relating to agricultural land instituted in a civil court, any question regarding tenancy right arises and such question has not been previously determined by a court of competent jurisdiction, the civil court shall frame an issue on the plea of tenancy and submit the record to the sub-divisional officer for decision of that issue only.
Explanation.-A plea of tenancy which is clearly untenable and intended only to oust the jurisdiction of the civil court shall not be deemed to raise a plea of tenancy.
(2) The sub-divisional officer, after refraining the issue, if necessary, shall decide such issue and return the record together with his finding thereon to the civil court which submitted it.
(3) The civil court shall then proceed to decide the suit, accepting the finding of the revenue court on the issue referred to it.
(4) The finding of the revenue court on such issue shall, for the purposes of appeal, be deemed to be part of the finding of the civil court. |
Ajmer Tenancy and Land Records Act, 1950 | 196 | Conflict of jurisdiction
196. Reference to Judicial Commissioner.-
(1) Where either a civil or a revenue court is in doubt whether it is competent to try any case, the court may refer such case with a statement of the reasons therefor to the Judicial Commissioner: Provided that if the court is a revenue court subordinate to the collector, no reference shall be made except with the previous sanction of the collector.
(2) On any such reference being made, the Judicial Commissioner may order the court either to proceed with the case or transfer such case to such other court as may be declared by him to be competent to try it. |
Ajmer Tenancy and Land Records Act, 1950 | 197 | Chapter XV
Miscellaneous Provisions
197. Provision for injunction and appointment of receiver.-
(1) If, in the course of any proceeding under this Act, it is proved by affidavit or otherwise-
(a) that any property, tree or crop standing on the land to which such proceeding relates is in danger of being wasted, damaged or alienated by any party to such proceeding, or
(b) that any party to such proceeding threatens, or intends, to remove or dispose of the said property, tree or crop to defeat the ends of justice, the revenue court before which any such proceeding is pending may grant a temporary injunction and, if necessary, appoint a receiver.
(2) Any person against whom an injunction has been granted under sub-section (1) may offer to give cash security of an amount determined by the court to compensate the other party in case the matter in dispute is decided against such person, and the court may withdraw the injunction on his depositing such security. |
Ajmer Tenancy and Land Records Act, 1950 | 198 | 198. Cases in which legal practitioners may appear.-
A legal practitioner shall be entitled to appear in any proceeding on behalf of a party before a revenue court under the provisions of this Act in the following cases only and in no others-
(i) to file a written statement, and to argue a case, before a confirming court,
(ii) to prosecute and defend cases under Chapters IX and X and Part III of Chapter XII, and
(iii) to file an application for revision under section 187 and to argue the case before the court hearing such application. |
Ajmer Tenancy and Land Records Act, 1950 | 199 | 199. Persons who may appear before a revenue court.-
A party to a proceeding or his authorised agent may appear, plead or act before a revenue court. |
Ajmer Tenancy and Land Records Act, 1950 | 2 | 2. Repeal.-
(1) The Ajmer-Merwara Agrarian Relief (Second) Ordinance, 1949 (30 of 1949), is hereby repealed.
(2) When this Act or any portion thereof comes into force in Ajmer, so much of any Act, Regulation or notification in force therein, or any condition of a jagir or istimrarisanad, as is inconsistent with this Act or with such portion, shall be deemed to have been repealed or superseded by this Act or by such portion, as the case may be. |
Ajmer Tenancy and Land Records Act, 1950 | 20 | 20. Acquisition of exproprietary rights.-
(1) If the whole of the interest of a sole proprietor of a village or of a specific area thereof is 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 of specific areas between co-sharers of the village, he shall become anexproprietary tenant of the whole of his khudkasht in such village or area which he has cultivated continuously for three years or more at the date of such transfer, and shall be entitled to hold the same at a rate payable by an exproprietary tenant under sections 63 and 64.
(2) If a part only of the interest of a sole proprietor of a village or of a specific area thereof is so transferred, or where there are two or more co-sharers in the proprietary interest of a village or of specific area thereof, and such transfer relates to the whole or part of the proprietary interest of some of them, exproprietary rights shall accrue in so much of khudkasht so cultivated as appertains or corresponds to the part of the interest so transferred and, unless by mutual agreement the transferor and the transferee have demarcated the area in which exproprietary rights have accrued, and fixed the rent, not higher than the rent specified in sections 63 and 64, the sub-divisional officer shall, in the course of mutation proceedings or, if more convenient, in a separate proceeding, started on his own motion, or on the application of the exproprietary tenant or the landlord, or on the report of the patwari, demarcate such area and declare the rent in accordance with the provisions of sub-section (1).
(3) A mortgage shall be deemed to be a voluntary alienation within the meaning of sub-section (1), if it has the effect of transferring proprietary possession of the land mortgaged from the mortgagor to the mortgagee but not otherwise.
(4) Notwithstanding anything in sub-section (1), (2) or (3), exproprietary rights shall not accrue in grove-land, or in land transferred for any purpose inconsistent with the existence of a right of cultivation therein.
(5) After disposing of the case for demarcation of the exproprietary area and declaration of rent thereon under sub-section (2), the sub-divisional officer shall submit the record of the case for confirmation of the order passed by him to the collector. |
Ajmer Tenancy and Land Records Act, 1950 | 200 | 200. Costs in revenue courts.-
A revenue court may allow and apportion the costs of any proceeding under this Act in any manner it thinks fit, but if it orders that costs shall not follow the event, it shall record its reasons for the order. |
Ajmer Tenancy and Land Records Act, 1950 | 201 | 201. Power of revenue court to summon persons.-
(1) A revenue court may summon any person whose attendance it considers necessary for the purpose of disposing of any proceeding before it.
(2) Unless exempted from personal appearance in court under sub-section (1) of section 133 of the Code of Civil Procedure, 1908 (Act 5 of 1908), a person so summoned shall appear at the time and place mentioned in the summons in person or, if the summons so allows, by his authorised agent.
(3) The person attending in obedience to the summons shall be bound to state the truth upon any matter respecting which he is examined or makes a statement, and to produce such document and other thing relating to any matter which may be within his power or possession as the court may require. |