TENURE HOLDER

PROJECT ON

TENURE HOLDER

SUBMITTED TO:
DR. GULAB RAI

(FACULTY FOR LAND LAW)

SUBMITTED BY:
UTKARSH MISHRA

143070063
IX SEMESTER

DR SHAKUNTALA MISRA NATIONAL REHABILITATION UNIVERSITY

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ACKNOWLEDGEMENT

I feel highly elated to work on this dynamic and highly popular topic on “Tenure Holder” which
had played a pivotal role in the Land law studies. As this topic drew my attention and attracted
me to choose this as a project topic and examine it.

So, I hope I have tried my level best to bring in new ideas and thoughts regarding the
basics of this topic. Not to forget the deep sense of regard and gratitude to my faculty adviser,
Dr. Gulab Rai who has played the role of a protagonist, who has always given me the courage
and wisdom to march ahead with my topic and whose presence have always given me the
impression of a shady tree which is giving its shade to us in the noon of life. Last but not the
least; I thank all the members of DSMNRU and all others who have helped me, from the bottom
of my heart.

Utkarsh Mishra

9th SEMESTER

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RESEARCH METHODOLOGY

The researcher has followed the doctrinal method for research purposes. The research is
based on secondary sources. Literature review has been done extensively in order to make a
comprehensive presentation.

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TABLE OF CONTENTS

 Introduction………………..............................................................................................5

 Tenure Holder…………..................................................................................................6

 Bhumidhar…………………………............................................................................7

 Conclusion.......……………………………………………………………….………..16

 Bibliography………………………………………………………………………..….17

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INTRODUCTION

"Tenant" means a persons holding land from a Bhumidhar as an occupancy tenant under Chapter
XlV.1

The definition of the word 'tenant' in this clause is exhaustive. The first condition for a person to
be tenant under this clause is that he should hold land from Bhumidhar. Further, it is provided
that the person holding land from a Bhumidhar , should hold it as an occupancy tenant under
Chapter XIV .of this-Code.2 A tenant is by the definition a person who holds land as an
occupancy tenant from a Bhumidhar; but the status of a Bhumidhar is recognized for the first
time by the Code and an occupancy tenant from a Bhumidhar would mean only a person
belonging to that class who acquires rights of occupancy tenant after the Code comes into force.
The position of a tenant prior to the date on which the Code was brought into force does not
appear to have been dealt within this definition. The definition which is specially devised for the
purpose of the Code throws no light on the nature of the right which invests the holder of land
with the status of an occupancy tenant at the commencement of the Code.

"Tenure-holder" means a person who holds land from the State Government and who is or is
deemed to be Bhumidhar under the provisions of this Code.3

The definition of tenure holder under the clause is very simple. A person is called Bhumidhar'
who holds land from the State Government and is either Bhumidhar or deemed to be Bhumidhar
under this Code. For a person who is called 'Bhumidhar', provisions of Chapter XII should be
looked into. Section 131 says that there will be only one class of tenure holder and the name
given to him is Bhumidhar.

1
See, S. 2 (l) (y), UP REVENUE CODE, 2006

2
See, Chapter XIV, UP REVENUE CODE,2006

3
See, S. 2 (l) (z), UP REVENUE CODE, 2006

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TENURE HOLDER

Class of Tenure

“There shall be only one class of tenure holders of lands held from the state to be known as
Bhumidhar.”4

By enacting Section 131 of the Code, the Legislature has declared that ownership in all lands etc.
belong to the State Government. But it is not necessary that all such lands are held by the State
Government. This section for the first time says that from the State Government, all person
holding land as tenure holders shall be called Bhumidhar, meaning thereby ‘owner of the land’.
Although absolute ownership does not vest in such persons, still leaving aside the State
Government, such persons are owners against everyone else. They are neither tenants nor
Government lessees who are dealt with separately.

Distinction between Bhumidhar rights and tenancy rights

This section states that there shall be only one class of tenure holders of lands held from the State
to be known as Bhumidhar. The distinction between tenure rights and tenancy rights is real. A
Bhumidhar is neither a tenant nor a Government lessee. Ownership as contemplated under s.57.is
also distinguishable from tenure as defined in section 131 of the Code.5 A Bhumidhar is neither a
tenant nor a Government lessee.6

4
See, s. 157, UP REVENUE CODE, 2006

5
See, Gajrajsingh v. Krishnapalsingh, 2000 RN 403=2001 (1) MPLJ 281 (HC).

6
See, Rajaram v Dindayal, 1969 JW 603=1969 RN 294=ILR 1969 MP 0=1971 MPW 172=1969 MPWR 102.

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BHUMIDHAR

“Every person who at the time of coming into force of this Code, belongs to any of the following
classes shall be called a Bhumidhar and shall have all the rights and be subject to all the
liabilities conferred or imposed upon a Bhumidhar by or under this Code.”7

For the first time, the M.P UP Revenue Code, 2006, vide section 157, has called certain classes
of persons 'Bhumidhar' and has declared that such Bhumidhars shall have all the rights and be
subject to all the liabilities conferred or imposed upon a Bhumidhar by or under this Code. The
provisions of the Code do not apply to evacuee property vested in the Central Government under
the Displaced Persons (Compensation and Rehabilitation) Act, 1954.8

Claim of acquiring Bhumidhar rights

The plaintiff claimed that he was an occupancy tenant and became Bhumidhar on coming into
force of the M.P.UP Revenue Code, 2006. But he could not establish that he was an occupancy
tenant. A person in order to be an occupancy tenant has to be a sub- tenant of a Khatedar tenant
or a grove holder or a sub-tenant or a tenant of Khatedar. Not only this, it was also found that the
land was a 'service' land and it could not be given on lease for a period exceeding one year. It
was held that the plaintiff was not entitled to the benefit of S.133 of the Code.9

7
See, s. 158, UP REVENUE CODE, 2006

8
See, Atmasingh v. Bhagwandas, 1995 RN 311 (HC).

9
See, Hanumant Singh v. Shafique Ahmed Khan, 1997 (2) MPW 441.

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Bhumidhar rights accrue only in cases of limited category and only on specified grounds.
Accrual of Bhumidhar rights by adverse possession is not contemplated under the Code.10

A person, who was neither Muafidar, nor Inamdar nor concessional holder under the Uttar
Bharat Act, cannot be mutated as Bhumidhar under the Code.11

Status of Pattedar tenant accruing under Rewa Act. Acquisition of Bhumidhar rights to such
tenant is automatic. It does not depend on mutation entries.12

Incident of impartibility and special mode of succession of primogeniture of Jagir lands

extinguished. Holders acquired Bhumidhar rights.13

Land situated in a princely State which merged in Vindhya Pradesh region. Gairhaqdar tenant
continued in possession. He became entitled to pattedarl rights under the Vindhya Ptadesh Act of
1953 and ultimately became Bhumidhar.14

The plaintiff's and their predecessor in title were in possession of the land for over 12 years and
the defendant State in paragraph 3 of the written statement has clearly admitted that
Raghunathsingh and others who were the predecessor in title of the plaintiffs were Maurusi
Kashtkar. After the abolition of .Jamindari, the plaintiffs became Pacca tenant and under Uttar

10
See, State of UP v. Balveer Singh, AIR 2001 UP 268

11
See, Ramlal v. Mangal Singh, 2000 RN 30 (HC).

12
See, Kesharbai v. Ramkhilawan, 1993 RN 194(HC) .

13
See, Dattatray v. Krishnarao. 1991 RN 408 (SC).

14 See,
Raghuwansh Kumar v. State of M.P., 1991 RN 215 (HC).

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Pradesh UP Revenue Code they became Bhumidhar of the said land by virtue of provisions
contained in Clause (b) of sub- section (1) of section 158 thereof.15

A sub-tenant. staking his claim to be a pakka tenant under section 38(2) would leave nothing in
the hands of anybody else except the State because he thereby asserts not only his tenancy rights
in the land. but virtually ownership in the land. Indeed. as appears clear from sub-section (1) of
section 38. the tenant of a proprietor under whom a sub-tenant used to hold the land. ceased to
have any interest in the land as soon as not he. but the sub-tenant becomes a pakka tenant. What
is further contemplated under sub-section (2) is that a sub tenant becomes a pakka tenant by
depositing requisite amount to exercise the statutory right granted to him thereunder and the
superior interest of the tenant is put on the stake as soon as his sub- tenant chooses to exercise his
statutory right. Now. according to Sec. 158(l)(b) of the Code. a pakka tenant becomes a
Bhumidhar by operation of law which leaves obviously nothing in the hands of the tenant.

The statutory rights envisaged under the provisions aforesaid are indeed to be judicially noticed
as yet. There should be no hesitation to say at once that the legal adage-once a tenant always a
tenant is statutorily effaced by the provisions of section 38 of the Act and Section 158 of the
Code. The special law must prevail on the general law and must be given full meaning and
effect.16

15
See, Ramsingh v. State of M.P., 1988 RN 187 (HC).

16
See, Sukhlal v. Narainprasad. 1986 RN 342 (HC).

17
See, Badrilal v. Govind, 1992 RN 166

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BHUMIDHAR WITH TRANSFERABLE RIGHTS. –

Every person belonging to any of the following classes, shall be called bhumidhar with
transferable rights and shall have all the rights and be subject to all the liabilities conferred or
imposed upon such bhumidhar by or under this Code, namely :-

(a) every person who was a bhumidhar with transferable rights immediately before the date of
commencement of this Code.

(b) every person who in any other manner acquires, on or after the said date, the rights of such a
bhumidhar under or in accordance with the provisions of this Code or under any other law for the
time being in force.

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BHUMIDHAR WITH NON-TRANSFERABLE RIGHTS. –

Every person belonging to any of the following classes shall be called a bhumidhar with non-
transferable rights and shall have all the rights and be subject to all the liabilities conferred or
imposed upon such bhumidhar by or under this Code, namely :-

(a) every person who was a bhumidhar with non-transferable rights immediately before the date
of commencement of this Code;

(b) every person who is admitted as a bhumidhar with non-transferable rights on or after the said
date by the Bhumi Prabandhan Samiti to any land under or in accordance with the provisions of
this Code;

(c) every person who is or has been allotted any land under the provision of the Uttar Pradesh
Bhoodan Yajna Act, 1952;

(d) every person who is or has been allotted any land under the provision of the Uttar Pradesh
Imposition of Ceiling on Land Holdings Act, 1960;

(e) every person who in any other manner acquires on or after the said date, the rights of such a
bhumidhar under or in accordance with the provisions of this Code, or any other law for the time
being in force.

(2) Every person who was a Bhumidhar with non-transferable rights immediately 'before the
commencement of this Code and had been such Bhumidhar for a period of ten years or more
shall become Bhumidhar with transferable rights on such commencement.

(3) Every person who was a Bhumidhar with non-transferable rights on the commencement
referred to sub-sections (1) and (2) or becomes Bhumidhar with non-transferable rights after
such commencement shall become Bhumidhar with transferable rights after expiry of ten years
from his becoming Bhumidhar with non-transferable rights.

(4) Notwithstanding anything contained in any other provisions of this Code, if any person
transfers land by sale after becoming Bhumidhar with transferable rights under sub-section (1) or
sub-section (2) or sub-section (3), he shall not be eligible for lease of any land vested in the

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Gram Sabha or the State Government or the surplus land defined in the Uttar Pradesh Imposition
of Ceiling on Land Holdings Act, 1960.

MORTGAGE AND GIFT OF LAND BY BHUMIDHAR WITH NON-TRANSFERABLE

RIGHTS.

Subject to the provisions of this Code, the interest of a bhumidhar with non-transferable rights in
any holding or its part may be, -

(a) transferred by mortgage without possession as security for a loan taken or to be taken from
the State Government or a bank or a co-operative society or the U.P. State Agro Industrial
Corporation Ltd. or any other financial institution owned and controlled by such Government;

(b) sold in execution of a decree of any Court regarding the matter referred to in clause (a) or in
proceedings for collection of land revenue under Chapter XII.

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BHUMIDHAR RIGHTS

A Bhumidhar pays UP Revenue to the Government under section 134. The interest of a
Bhumidhar is heritable and passes on his death by inheritance, survivorship or bequest, as the
case may be. This is so provided in section 164. Subject to certain restrictions contained in
section 135 & 138, a Bhumidhar may transfer any interest in his land. A Bhumidhar can also
lease his land but the restriction is that normally he cannot lease any land for more than one year
during any consecutive period of three years. There is no restriction for grant of leases in respect
of certain categories of Bhumidhar, such as widow, unmarried woman and persons suffering
from social, physical or mental disabilities. This is provided in section 138(2). It is important to
notice that there is no provision in the Act for ejectment of a Bhumidhar at the instance of the
Government. These features clearly show, as held by Dube, J.17 that there is no relationship of
landlord and tenant between the Government and the Bhumidhar. A Bhumidhar is called a tenure
holder but he is not a holder of tenancy rights. The Bhumidhar in these circumstances can well
be described as the owner of the land or more correctly owner of the rights in the land which he
holds under the State.18

17
See, Nahar v. Dukalhin 1974 JLJ 250 at p. 275

18
See, Sardar Virendra Singh v. Additional Property Tax Commissioner, 1981(II) MPWN 58 (DB).

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ASAMI

Every person belonging to any of the following classes, shall be called an asami, and shall have
all the right and be subject to all the liabilities conferred or imposed upon such asami by or under
this Code, namely :-

(a) every person who was an asami immediately before the date of commencement of this Code;

(b) every person who is admitted as an asami on or after the said date by the Bhumi Prabandhak
Samiti to any land under or in accordance with the provisions of this Code.

(c) every person who is admitted as lessee on or after the said date, by a bhumidhar of any land
under or in accordance with the provisions of this Code;

(d) every person who in any other manner acquires the rights of an asami under or in accordance
with the provisions of this Code or any other law for the time being in force.

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GOVERNMENT LESSEE

Every person who holds; any land on lease from the State Government, whether such lease was
granted before or after the commencement of this Code, shall be called a Government lessee in
respect of such land.

Government lessees right to hold land. - Notwithstanding anything contained in this Code,
every Government lessee shall be entitled to hold such land in accordance with the terms and
conditions of the lease.

Ejectment of Government lessee. - A Government lessee may be evicted from the land held by
him on one or more of the following grounds, namely -

(a) that he has failed to pay the rent or any other sum due under the lease within six months from
the date on which it became due.

(b) that he has used such land for any purpose other than that for which it was granted;

(c) that the term of Iris lease has expired or the lease has been cancelled;

(d) that he has contravened any terms or conditions of the lease

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CONCLUSION

Therefore, the concept of tenure holders has been a concept wherein, the act of UP Revenue
Code, 2006 recognises only one type of tenure holders, namely that of Bhumidhar. All those
persons who were holding land from the Government under the various UP Revenue Tenancy
Laws operative in the different parts of the State were brought on par under the present Code and
were conferred the status of Bhumidhars under section 138 of the code.

Thus, this project provides for the understanding of the concept of the tenure holders, by looking
into the provisions governing the Bhumidhar, which is the only recognized tenure holder
according to the UP Revenue Code, 2006. This project gives cases regarding the different types
of Bhumidhars, their rights, general interpretation, and their claims.

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SELECT BIBLIOGRAPHY

PRIMARY SOURCES

UP Revenue Code, 2006.

UP Zamindari Abolition and Land Reform Act, 1950.

SECONDARY SOURCES

RR Maurya, UP Land Laws (Central Law Publications Allahabad, 21st Edn, 2015)

Tauseef Raza, UP Local Laws (Singhal Publications, New Delhi, 2017)

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