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ALIGARH MUSLIM UNIVERSITY

MALAPPURAM CENTRE, KERALA

MID TERM- ASSIGNMENT

UP LAND LAW
On the Topic

“Classes Of Tenure Holders And Their Rights ”

Submitted To Submitted By
Dr. Shaeista Nasreen Vaibhav Teotia

Asst. Prof. RollNo. 18Ballb03

Dept. Of Law (AMUMC). En.No- GJ3957

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TABLE OF CONTENTS

S.No. PARTICULARS P.No.

1 Introduction 3
2 Historical Background of Tenure Holder 3
3 Classes of tenure holders in code 4
4 Bhumidhar with Transferable Rights 4
5 Rights of Bhumidhar with Transferable Rights 5
6 Bhumidhar with non- Transferable Rights 6
7 Rights of Bhumidhar with non- Transferable Rights 8
8 Asami 9
9 Rights of Asami 9
10 Goverment lease 10
11 Rights and ejectment 10
12 Conclusion 11
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INTRODUCTION

Right to property is no more a fundamental right. Right to property remains mere a legal right.
All the property is vested in Government. It is said that the true and ultimate owner of whole
land is state. Whoever utilizing the land is using it in the capacity of tenure holder. Tenure
holder means a person who is the holder of a Land (holding). It defines right to use, control
and transfer hand. Thus it determines rights & responsibility with respect to his holding. The
person (Tenure Holder) can be a proprietor, Bhumidhar, Sirdar, asami or a tenant.

HISTORICAL BACKGROUND OF TENURE HOLDER

Before Commencement of U.P. Zamindari Abolition and Land Reform Act 1950 CUP ZA &
LR 1950). There were 14 Variety of Land tenures (tenure – holder) These variety of tenure-
holder was very Complicated. But After commencement of this Act (i.e. UPZA & LR 1950).
These old variety of tenure holders are substituted by major 4 class of tenures i.e

1 Bhumidhar
2- Sirdhar
3- Asami
4-Adhivasi

But in 1954, After Commencement of UP LAND REFORM (AMENDMENT) ACT 1954, All
Adhivasi converted into Sirdars & there remained only 3 type of Land tenures. But in 1958,
the UP Land Reforms (Amendment) Act 1958 add Section 133-A in the UP. Zamindari
Abolition & Land Reform Act Which add another category which is Government Legses (S-
133 A). Further, In 1977 UP Land Law (Amendment Act 1977 Converted all Sirdars into
Bhumidhars & The Bhumidhars were divided into 2 classes

1- Bhumidhar with transferable Rights

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2- Bhumidhar with Non transferable Rights

Therefore with effect from 28-1-1977 there are only 4 tenure holders in Land Law

1-Bhumidhar with transferable Rights

2-Bhumidhar with non transferable Rights
3-Asami.
4 Government Lesse

CLASSES OF TENURE HOLDER- SECTION 74

After commencement of Uttar Pradesh Revenue Code 2006, chapter XI of this code exclusively
deals with the tenure holders. Section 74 of UP revenue code states that there shall be four
classes of tenure holders. This tenure holders are same as what we have in zamindari abolition
and Land reforms Act 1950 with effect from 28-01-1977.
Section 74 also States same tenure holders that is

(a) Bhumidhar with transferable rights;

(b) Bhumidhar with non-transferable rights;

(c) Asami; and

(d) Government lessee.

1- BHUMIDHAR WITH TRANSFERABLE RIGHTS

Bhumidhar with transferable right is a supreme tenure holder among all tenure holders. It is
considered to be supreme because his interest is transferable ,permanent and heritable. Because
of these interest bhumidhar we transferable right is the highest class of tenure holder. besides
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having a permanent possession over the land, bhumidhar with transferable rights also have the
right to transfer the land as per his wish and will.
Section 75 of the code talks about who would be Bhumidhar the with transferable rights. It
stated that every person who was a bhumidhar with transferable rights immediately before the
date of commencement of this code. It means the persons who were bhumidhar with
transferable rights during zamindari abolition and Land reforms Act 1950 are directly
considered as bhumidhar be transferable right it under this code.

Clause (b) of section 75 also states that every such person would also be a bhumidhar with
transferable rights 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.

RIGHTS OF BHUMIDHAR WITH TRANSFERABLE RIGHTS

He has the following rights:

1) Use of Land – Bhumidhar with transferable rights have this special right that he can use his
land as per his wish not only for agriculture purpose but also for other purposes like to built a
house swimming pool building apartment or any other such. In other words bhumidhar be
transferable right can use his holding or part thereof for industrial, commercial or residential
purpose.

2) Right to get Declaration – He also have the right to institute a declaratory suit to be declared
as bhumidhar with transferable right by Court.

3) Right to transfer- this right makes this kind of Bhumidhar highest class of tenure holder
this is the only right it which bhumidhar with transferable right have. Other three classes of
tenure holders do not possess this right to transfer.
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4) Right to Exchange – Bhumidhar with transferable right can also exchange his land with
other bhumidhar be transferable rights.

Other Rights of Bhumidhar with transferable Rights -

5) Right to Bequest

6) Right to sue for division

7) Right of non ejectment

8) Right to kisan Bahi

9) Right to Improvement of Land

10) Right to succession

2- BHUMIDHAR WITH NON TRANSFERABLE RIGHTS

Second Class of tenure holder is Bhumidhar with non transferable Rights. This class of tenure
holder is inferior to Bhumidhar with transferable right. As per section 76 of this code, the
Bhumidhar with non transferable Rights is -
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;
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(b) Every person who is admitted as a bhumidhar with non-transferable rights 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 allotted any land on or after the said date under the provisions of
the Uttar Pradesh Bhoodan Yajna Act, 1952;

(d) Every person who is allotted any land on or after the said date under the provisions of
the Uttar Pradesh Imposition of Ceiling on Land Holdings Act, 1960;

(dd) every person who was an asami in possession of land not covered by Section 77 of this
Code, immediately before the date of the commencement of this Code and had been recorded
as such in class-3 of the annual Register (khatauni) of 1407 Fasli:

Provided that where the land in possession of a person, together with Any other land, held by
him in Uttar Pradesh exceeds the ceiling area determined under the Uttar Pradesh Imposition
of Ceiling on Land holdings Act, 1960, the rights of a Bhumidhar with non-transferable rights
shall accrue in favour of such person in respect of so much area of the first mentioned land, as
together with such other land held by him, does not exceed the ceiling area applicable to him,
and the said area shall be demarcated in the prescribed manner in accordance with the principles
laid down in the aforesaid Act;

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

(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 (2)
or sub-section (3), he shall not be eligible for lease of any land vested in the Gram Panchayat
or the State Government or the surplus land defined in the Uttar Pradesh Imposition of
Ceiling on Land Holdings Act, 1960.

Sub- section 2 and 3 provides for the changing position from Bhumidhar with non
transferable right to bhumidhar with transferable right.

RIGHTS OF BHUMIDHAR WITH NON TRANSFERABLE

RIGHTS

This class of tenure holder also so have certain rights like Bhumidhar with transferable rights.
Like exclusive possession of land, right to use land for agriculture purpose, right to lease in
exceptional cases, right to surrender of interest, right to exchange, right to abandonment, right
to sue for division, right to get declaration through declaratory suit, write two improvement of
land, write to Kisan bahi, right to claim as bhumidhar with transferable right etc.

Difference between Rights of Bhumidhar With transferable right and Bhumidhar with
non transferable right.

Bhumidar with non transferable right do not have right to transfer his land. Due to this
bhumidhar with non transferable right in second class of tenure holder. This class of tenure
holder can use land only for agriculture purpose. Whereas bhumidhar transferable right it
have right to use his land either for commercial residential or industrial purpose. Hindi
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science with non transferable right have limited right over use of land. Bhumidhar with non
transferable right it also have right to exchange under section 101 but it is restricted with the
condition that he can only exchange his land with bhumidhar with non transferable right.

3- ASAMI
Third class of tenure holder is asami which is inferior to both bhumidhar with transferable
right and Bhumi with non transferable right. His holding is neither permanent not
transferable but only heritable.

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

(a) Subject to the provisions of clause (dd) of sub-section (1) of section 76 of this Code,
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.

RIGHTS OF ASAMI
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Asami’s interest is not permanent on land holding and also so not transferable but hereditary.
Like the prior tenure holders which is Bhumidhar, asami tenure holder also have certain
rights. Like right to possess the land, right to sue, right to improvement of land, right to
surrender and right to lease in exceptional cases.

Asami also have a right to use the land for agriculture purposes. Similar to bhumidhar with
non transferable right asami cannot use the land for other than agricultural purposes. If he
does so the land will be ejected. A special right is also given to asami that is right to crop and
trees. It means that US army have a right to the crop and the trees over the land which is
given to him.

4- GOVERNMENT LESSE

Fourth and last class of Tenure is Government Lesse. He is person who holds such land
which is given to him by state government on lease. Chapter X Section 147 defines who will
be called as Government Lesse-

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.

RIGHTS OF GOVERNMENT LESSE

As per section 148 of this code, 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

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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 his lease has expired or the lease has been cancelled;
(d) that he has contravened any terms or conditions of the lease.

CONCLUSION
At last after this discussion we can conclude with the following words that, initially there
were 14 class tenure holders which are complicated and complex. After the commencement
of Uttar Pradesh zamindari abolition and land reform Act 1950 e and many other amendment
Act to this act. 4 class of tenure holders were finalized. After commencement of UP revenue
code 2006 those 4 class of tenure holders were brought down. Bhumidhar with transferable
right is a superior tenure holder where as other are inferior to this because of the right to
transfer. Government lessee hold the land notwithstanding the provisions of revenue code
but according to the terms and conditions of the lease. Up revenue code clarifies very neatly
and easily four types of tenure holders and their rights and liabilities.