1. ABHISHEK BACHAN (PLAINTIFF) pleaded that after the death of AMITABH
BACHAN on 2015 they engaged SHAHRUKH KHAN (DEFENDANT) as care
taker of the AGRICULTURAL land thereby permitting him to cultivate the
same with terms and conditions as a occupancy tenant, agreeing that
SHAHRUKH KHAN shall pay rent of three BAGS of RICE per year to the
plaintiffs until demand is made by the plaintiffs to the defendants for
vacating the land for their own use. The plaintiffs pleaded that the
defendant thereafter used to cultivate the suit land and paid the said
rent regularly until 2018.
The plaintiffs pleaded that from April 2018 the plaintiffs asked the
defendants to vacate the suit land contending that the suit land is
required by them for their own use, but the defendants prayed for time
for vacating the suit land. The plaintiff pleaded that thereafter even
after repeated request, the defendants failed to vacate the suit land till
2013 and this led the plaintiffs to enter into the suit land and start
ploughing over the same. The plaintiffs pleaded that the defendant
thereafter obstructed them in cultivating the suit.
Plaintiffs further pleaded that, as they were in urgent need of the land,
they even issued advocate notice on the defendants on 10/09/2018, but
the defendants even after receiving the notice, did not reply to the
same, which led the plaintiffs to file the instant suit.
3. The Act does not apply to
(a) land included in any Reserved Forest;
(b) land owned by the Union or the State Government or by
local authority which is used for any public purposes;
(c) land reserved for the purpose of professional grazing
reserves, village grazing reserves, recreation grounds, burial
or cremation ground, road, canal, drain, embankment or
their maintenance or for any other public purposes;
(d) land which is non-agricultural and situated outside town
land area;
(e) land comprised within estates settled for special cultivation
when, and only so long as, such lands are used for purposes
of special cultivation or for purposes ancillary thereto.
4. U/S 3(6) "LAND" means "agricultural land"; and "agricultural land"
means land used for agricultural purpose or purposes subservient
thereto.
U/S 3(7) "LANDLORD" means a person immediately under whom a
tenant holds but does not include any Government
U/S (13) "RENT" means whatever is lawfully payable or deliverable
by the tenant to the landlord in cash or in kind or partly in cash
and partly in kind whether as a fixed quantity of produce or as a
share of the produce, on account of use or occupation of the land
or on account of any right in the land held by the tenant;
U/S 3(17) "TENANT" means a person who cultivates or holds the
land of another person, and is, or but for a special contract
(express or implied) would be, liable to pay rent for that land to
that other person, and includes a person who under system
generally known as 'Adhi' (whether Guchiadhi or Gutiadhi),
'barga', 'chukti', 'bhag' or chukani' cultivates the land of another
person on condition of delivering a share or quantity of the
produce of such land to that person: Provided that a person who
cultivates or holds land immediately under the State Government
is not a tenant within the meaning of this definition.
5. CLASSES OF
TENANTS
•OCCUPANCY
TENANTS
•NON OCCUPANCY
TENANTS
DIFFERENCE BETWEEN THE TWO:
TIME PERIOD: 3 YEARS OR MORE IN CASE OF FORMER, LESSER IN CASE
OF LATTER
ACQUSITION OF OWNERSHIP RIGHT: FOMER CAN, LATTER CAN’T
RIGHT OVER LAND: PERMANENT, TRANSFRABLE AND HERITABLE- THE
FORMER HAS, THE LATTER DOESNOT HAVE
6. DEFINITION U/S 4 (1) (i) a tenant holding
immediately under a proprietor, land-holder
or settlement-holder other than land-holder,
and having a right of occupancy in the lands
held by him
HOW HE ACQUIRED THE STATUS? 3 YEARS OF
OCCUPANCY
RIGHTS (U/S 6 TO 11): 6 RIGHTS
OBLIGATIONS: 4 OBLIGATIONS
7. RIGHT OF USE AND OCCUPANCY (U/S 6)
RIGHT OF INHERITANCE (U/S 7)
RIGHT TO TRANSFER RESTRICTED (cannot
transfer to Agriculturist) AND SUBLETTING
PROHIBITED (cannot sublet) U/S 8
RIGHT TO USE LAND IN ANY MANNER (but
cannot materially impair) U/S 10
RIGHT AGAINST ARBITRARY EJECTION U/S 14
RIGHT TO TREES (tenancy of 20 yrs old shall
be presumed to be grown during that period)
8. OBLIGATION TO PAY RENT (3 times of land
revenue in case of cash rent and 1/5th of
principal crop in case of crop rent*) u/s 28
OBLIGATION NOT TO TRANSFER UNDER
CERTAIN CIRCUMSTANCES (cannot transfer to
non-agriculturist) u/s 8
OBLIGATION NOT TO SUB LET (U/S 9)
OBLIGATION NOT TO DAMAGE THE LAND (U/S
10)
*it is to be paid within 60 days
9. DEFINITION U/S 4 (1) (ii)
HOW ACQUIRED? Less than 3 years
RIGHTS: (use and occupancy, inheritance, no
right of transfer and subletting)
OBLIGATION: (to pay fair and equitable rent)
10. TENANT CONTINUING IN POSSESSION AFTER
DETERMINATION OF LEASE:
WITHOUT CONSENT OF LANDHOLDER IS
CALLED TENANT BY SUFFERANCE
BUT IF CONSENT IS GIVEN BY LANDHOLDER IT
BECOMES TENANT HOLDING OVER
11. (i) that the productive powers of the land held
by the tenant have been increased by fluvial
action; or
(ii) that the productive powers of the land held
by the tenant have been increased by any
improvement effected by or at the expense
of the landlord; or
(iii) that the area of the tenant's holding has
been increased by alluvion or otherwise; or
(iv) that the revenue rate payable by the
landlord to the State Government in respect
of the holding of the tenant has increased.
12. The rent of a tenant shall be liable to reduction on
one or more of the following grounds, namely
(i) that the productive powers of the land held by
the tenant have been decreased due to any
action of the landlord or due to any cause
beyond the control of the tenant during the
currency of the present tenancy; or
(ii) that the area of the tenant's holding has been
decreased by diluvion, or by acquisition for
public purpose; or
(iii) that the revenue rate payable by his landlord
to the State Government in respect of the
tenant's holding has decreased.
13. WHEN IT CAN BE SOLD? Arrear Of Rent (Rent-suit)
PROCEDURE FOR ATTACHMENT AND SALE OF
OCCUPANCY TENANTS’S HOLDING: order of
attachment and sale proclamation (land, court,
defaulting tenant) and after 30 days sale can be
effected. If within this time, the amount is paid,
the suit is stayed.
On sale, the auction-purchaser have to pay 1/4th
amount and balance within 15 days. Pre-emption
to be exercised within 30 days.
The suit can also be stayed on deposit of arrear
with court, or irregularity fraud or mistake (u/s
60) and same procedure is applied to recover
govt. loans
14. GROUNDS :(2) Any tenant, not being an occupancy tenant, shall not be
ejected from the land of his tenancy except in execution of a decree for
Ejectment passed on any one or more of the following grounds, namely
(a) that he has used the land comprised in his holding in a manner which
renders it unfit for the purposes of the tenancy;
(b) that he has broken a condition of his tenancy consistent with the
provisions of this Act, and on the breach of which he is, under the terms
of the contract between himself and his landlord, liable to be ejected;
(c) that he has failed to pay the arrear of rent; and
(d) that the land is bona fide required by the landlord for his personal
cultivation. No suit for Ejectment on this ground shall be entertained
before the expiry of 12 months, or after the expiry of 15 months for the
date of creation of tenancy :
Provided that if the tenant has elsewhere got no land or has lands less than
10 bighas in area, then he shall not be ejected on this ground unless he
has been left with so much areas as will make the total of his holding
equal to 10 bighas :
Provided further that if the landlord does not cultivate the land personally
within one year of the date of ejection of the tenant then the tenant
shall be restored to his possession
15. TO BE RECORDED WITH RESETTLEMENT
OPERATION (U/S 55)
PARTICULARS (U/S 56- name, class, area,
rent and so on)
PROCEDURE:
Preliminary survey and record writing (chitha)
Record attestation and local explanation (chitha to
khatian)
Preliminary publication and disposal of objection (1
month)
Preparation of final record
Publication of final record
16. CERTIFICATE OF FINAL PUBLLICATION (U/S 58)
PRESUMPTION OF CORRECTNESS OF RECORD (U/S 58)
APPEAL AND REVISION (U/S 59)
DIRECTOR OF LAND RECORD FROM SETTLEMENT OFFICER (2
MONTHS)
SUO MOTO REVISION BY STATE GOVERNMENT.
IN THIS WAY RECORD IS TO BE MAINTAINED (U/S 60-62)
17. SURRENDER (U/S 63)- 3 MONTH NOTICE, DC’S
PERMISSION
ABANDONMENT (U/S 64)- 2 YEARS AFTER
LANDHOLDER CAN TAKE IT WITH PERMISSION OF DC
MERGER (U/S 65)- INTEREST OF LAND HOLDER AND
TENANT BECOMES UNITED
APPEAL (U/S 67)- FROM REVENUE OFFICER TO DC- 30
DAYS AND DC TO ASSAM BOARD OF REVENUE- 60 DAYS
MATTERS EXEMPTED FROM CIVIL COURT’S
COGNIZANCE (U/S 66)- ENHANCEMENT OF RENT,
DEPOSIT OF RENT, PREPARATION AND MAINTENANCE
OF RECORD OF RIGHT, RESTORATION OF POSSESSION
*IN ALL THESE JURISDICTION WITH
REVENUE AUTHORITIES
