UNIVERSITY REGISTRATION NUMBER- L03-1211-0088-19

UNIVERSITY ROLL NUMBER- L03/LLB/191342

NAME OF SUBJECT - Land laws including ceiling and other laws
NAME OF EXAMINATION- 5 year BA LLB course
DATE - 13 AUGUST 2021

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1. (a)

Raiyat a nomenclature used customarily and legally for the peasantry during the Mughal and
British periods, but in its widest sense, also used for subjects of the state and of the ruling
classes. The term seems to have been used first in the Todar Mal settlement (1582) and
since then it was in currency until the term expired legally and practically on the enactment
of the east bengal estate acquisition act of 1950 under which the raiyats got a new legal
nomenclature, malik or owner of land. But the new term never received popular recognition.
Jotedar (very rich peasant), Grhastha (quite rich peasant), Krisak (ordinary peasant), Chasi
(marginal peasant), Bargadar (sharecropper), mazur (farm labourer) are the words which are
now used for describing various types of peasants.

The term raiyat originates from an Arabic word raiyat (from ra'a) meaning etymologically, 'a
herd at pasture' and 'subjects' in collective sense. Under the Mughal revenue system a raiyat
was a cultivator, a revenue ijaradar. All people engaged in agricultural production and paying
land tax to the state via landholders or otherwise were raiyats. The raiyats under the Mughal
constitution had rights in land, which were protected by customs and usages of the pargana.
Under the Mughal system of land control there were two types of raiyats - khudkasht and
paikasta. The khudkasht raiyats were permanent resident cultivators of the village. Their
rights in land were heritable according to Muslim and Hindu laws of successions. The other
type of raiyats was called paikasta. The paikasta raiyat did not cultivate land on a permanent
basis in any particular mauza (the lowest revenue plus village settlement unit). In search of
cultivable land they moved from mauza to mauza and engaged themselves for a crop
season with the local landholders and husbandmen at most advantageous terms. In terms of
revenue the paikasta raiyats generally paid a much lower rate of rent than the khudkasht
raiyats. The dividend came from hard bargaining. But the social cost of paikasta raiyat was
very high, because their rights were acquired for a season only and, therefore, not
inheritable. Many khud kashta raiyats, to maximise their profit and at the same time
conserve their khudkasht right, got their own lands cultivated by the paikasta raiyats,
whereas they themselves moved to another village for cultivation at competitive rate of rent.

So long land-man relation was in favour of man, paikasta mode of cultivation had continued
to function as an important economic factor in the agrarian relations. In view of the
population growth in the nineteenth century the economic advantages of paikasta raiyats
were fast eroding. The Bengal tenancy act of 1885 had defined the rights of various
categories of raiyats. Under the Act the raiyats were classified into three broad categories,
such as, resident raiyats (former khudkasht), occupancy raiyats (those who had been in
continuous possession of land for at least twelve years or more) and non-occupancy or
subordinate raiyats (remnants of paikasta raiyats broadly). Under the Act, the two superior
categories of raiyats got the right to transfer their raiyati holdings on payment of salami, a
prerequisite to zamindars. The rights of superior raiyats were further fortified under the
Bengal Tenancy (Amendment) Act of 1928 and 1938, which empowered the raiyats to
transfer land without giving any salami to zamindars and without obtaining any prior
permission from them. With the abolition of the permanent settlement in 1950, the raiyats
became real proprietors of land and henceforth they came to be legally recognised as maliks
or proprietors.

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It may be noted that raiyats, though legally declared to be tenants under the rules of the
Permanent Settlement, had never reconciled themselves with the idea of becoming tenants
having no rights in land. From the beginning of the Permanent Settlement the stronger
section of peasants had been arguing that they had rights in land sanctioned by customs
and usage and that the zamindars had no right to regulate their productive behaviour in their
own terms. In asserting their rights the raiyats had often organised resistance movements
against the proprietary claims of zamindars. It was against the backdrop of a series of
peasant uprisings in the 1870s and early '80s that the government was persuaded to enact
the Bengal tenancy act of 1885 defining the rights and liabilities of all parties in land.

There is a sharp distinction between a raiyat and a praja. Like raiyat, praja means
agricultural producer. Historically, the praja was not a tenant in ancient times. He was directly
under the king and had definite rights in land, which the kings had always respected. But the
term lost its respectability in the Mughal times when a praja was reduced to a hereditary
worker in the zamindari nij-jote or demesne land. After the Permanent Settlement the
zamindars had always called raiyats their prajas, whereas the latter had consistently
demanded to be called as raiyats. Of course, the term praja became popular in the early
twentieth century again and peasant organisations were named after Praja instead of Raiyat,
for example, nikhil banga praja samiti, tripura praja samiti, krishak praja party etc. Thus the
word raiyat which was a respectable appellation in the Mughal times and greater part of
British times, began to get archaic in meaning and significance from the early twentieth
century, and almost a forgotten word by the time when the term was erased as a legal jargon
from the statute book in 1950.

According to Section 4 a raiyat shall on and after the commencement of this Act be the
owner
of his holding and the holding shall be heritable and transferable.
The raiyat is not entitled to subsoil rights.
No raiyat shall dig or use, or permit any person to dig or use, earth or clay of his holding for
the
manufacture of bricks or tiles for any purpose, other than his own use, except with the
previous
permission in writing of the State Government and in accordance with the terms and
conditions, if
any, of such permission
No raiyat shall entitled to,
(a) quarry sand, or permit any person to quarry sand, from his holding, or
(b) dig or use, or permit any person to dig or use, earth or clay of his holding for the
manufacture of
bricks or tiles, for any purpose, other than his own use, except with the previous permission
in
writing of the State Government and in accordance with such terms and conditions and on
payment
of such fees as may be prescribed.
If any raiyat commits a breach of the provisions of sub-section (2A), the prescribed authority
may,

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after giving in the prescribed manner an opportunity to the raiyat to show cause against the
action
proposed to be taken, impose upon him a fine not exceeding three hundred rupees and,
where the
breach is a continuing one, a further fine not exceeding fifty rupees for each day the fine
should not
exceeding two thousand rupees, and where the breach is a continuing one, a further fine not
exceeding two hundred rupees for each day during which the breach continues. Such fine, if
not duly
paid, shall be recoverable as a public demand.
No raiyat shall be entitled to own more than twenty-five acres of land, excluding homestead
in the case of a Co-operative Farming Society.

1. (b)

According to Section 14L a raiyat shall not hold land in excess of the ceiling area.
According to Section 14M Ceiling area
(1) The ceiling area shall be,
(a) in the case of a raiyat, who is an adult unmarried person, 2.50 standard hectares;
(b) in the case of a raiyat, who is the sole surviving member of a family, 2.50 standard
hectares;
(c) in the case of a raiyat having a family consisting of two or more, but not more than five
members,
5.00 standard hectares;
(d) in the case of a raiyat having a family consisting of more than five members, 5.00
standard
hectares, plus 0.50 standard hectare for each member in excess of five, to, however, that the
aggregate of the ceiling area for such raiyat shall not, in any case, exceed 7.00 standard
hectares;
(e) in the case of any other raiyat, 7.00 standard hectares.
(2) Notwithstanding anything contained in sub-section (1), where, in the family of a raiyat,
there are
more raiyats than one, the ceiling area for the raiyat, together with the ceiling area of all the
other
raiyats in the family shall not, in any case, exceed,
(a) where the number of members of such family does not exceed five, 5.00 standard
hectares;
(b) where such number exceeds five, 5.00 standard hectares, plus 0.50 standard hectare for
each
member in excess of five, so, however, that the aggregate of the ceiling area shall not, in any
case,
exceed 7.00 standard hectares(3) For the purposes of sub-section (2), all the lands owned
individually by the members of a family
or jointly by some or all the members of such family shall be deemed to be owned by the
raiyats in
the family.

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(4) In determining the extent of land owned by the raiyats in a family or the sole surviving
members
of a family or an adult unmarried person, the share of such raiyat or raiyats, or such sole
surviving
member, or such adult unmarried person, as the case may be, in the lands owned by a
cooperative
society, company, co-operative farming society, Hindu undivided family or a firm shall be
taken into
account.
For the purposes of this subsection, the share of a raiyat in a family or the sole surviving
member of
a family or an adult unmarried person in the lands owned by a co-operative society or a joint
family
shall be deemed to be the extent of land which would be allotted to such raiyat or person
had such
lands being divided or partitioned, as the case may be.

2.

Another method for land acquisition involves the right of preemption, which falls between
voluntary and involuntary means. In Islamic jurisprudence, this method is called shu'fat and it
gives a right of first refusal over the sale of a given land or property to its direct neighbors. A
similar approach is used in France. Certain zones are declared Zones d’Aménagement
Differé or zones of deferred development, which are identified by the government for future
development. A time frame is set wherein the government has the right of first refusal for any
land transaction; owners seeking to sell their land would issue a declaration of intent to sell.
The government would have a set period (about two months) to either accept the owner’s
requested price or, in the case of a dispute over value, agree to a negotiated settlement.
Alternatively, the government could also seek a judge-determined price set at the market
rate two years before the declaration of the right of preemption. This instrument was
introduced to enable the government to avoid the kind of land speculation that immediately
follows when future government-sanctioned infrastructure improvement and area
development plans become known to developers and the community. Hence, it is a useful
instrument in preserving the original residents’ rights and controlling gentrification, which
usually follows urban regeneration projects.

Also known as a right of first refusal. This is the right to be offered a property first, should the
owner decide to dispose of it. Such a right may be agreed expressly between parties, or it
may arise under statute.
A right of pre-emption will usually relate to a freehold sale, but sometimes gives the holder of
the right the opportunity to take a lease of premises when and if the owner decides to let
them.

According to Section 8 if a portion or share of “plot of land of a raiyat" is transferred to any

person other than the "co-sharer in the plot of land " or "bargadar in the plot of land " then
the

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bargadar in the plot of land may, within three months of the date of such transfer, or
co-sharer of a
riayat in the plot of land may, within three months of the service of the notice given under
subsection (5) of section 5, or any raiyat possessing land "adjoining to such plot of land may,
within
four months of the date of such transfer, apply to the Revenue Officer specially empowered
by the
State Government in this behalf Munsif having territorial jurisdiction, for transfer of the said
portion
or share of the plot of land to him, subject to the limit mentioned in subsection (3) of section
4, on
deposit of the consideration money together with a further sum of ten per cent, of that
amount.
If the "bargadar in the plot of land, co-sharer of a raiyat in a plot of land and a raiyat
possessing land
adjoining to such plot of land apply for such transfer, the bargadar shall have the prior right
of preemption to such portion or share of the plot of land transferred, and in such a case, the
deposit made
by others shall be refunded to them.
Where the bargadar does not apply for such transfer and co-sharer of a raiyat in a plot of
land and a
raiyat possessing land adjoining to such holding both can apply for such transfer, the former
i.e. the
co-sharer of raiyat shall have the prior right of pre-emption to purchase such portion or plot
of land
transferred, and in such a case, the deposit made by the raiyat of adjoining land be refunded
to him.
Where more than one Raiyat of adjoining land owner have applied then the Raiyat of
adjoining land
whose boundary is adjoining longest area with the plot of land subjected to transfer he will
get prior
interest of pre-emption to purchase the plot of land.
The right of pre-emption will not apply in the following cases.
a. a transfer by exchange or by partition,
b. a transfer by bequest or gift, or hebabilewaz,
c. "usufructuary mortgage mentioned,
d. a transfer for charitable or religious purposes or both without reservation of any pecuniary
benefit
e. a transfer of land in favour of a bargadar, in respect of such land if after such transfer, the
transferee holds as a raiyat land not exceeding one acre (or 0.4047 hectare) in area in the
aggregate.
The Munsif having jurisdiction in relation to the area in which the land is situated and on
such
transfer every such application shall be dealt with from the stage at which it was so
transferred and
shall be disposed of in accordance with the provisions of this Act, as amended by the West
Bengal
Land Reforms (Amendment) Act, 1972.

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6. (a)

According to S.17.of the west Bengal Premises Tenancy Act 1997 the Controller shall, on
application made to him either by the landlord or by the tenant in the prescribed manner, fix
the fair
rent in respect of any premises in accordance with the provisions of this Act.
According to S. 17(2) The fair rent for a year in respect of any premises constructed and let
out after
the year 1984, shall be fixed '[on the basis of annual payment of an amount equal to six and
three fourth percent per annum of the aggregate amount of the actual cost of construction
and the market
price of the land on the date of commencement of construction. The cost of construction of a
premises shall include the cost of water supply and sanitary and electric installation and shall
be
determined with due regard to the rates adopted for the purpose of estimate by the Public
Works
Department of the State Government for the area concerned. The Controller may allow or
disallow
the variation of estimates upto ten per cent, having regard to the nature of the premises.
While calculating the market value of the site on which the premises was constructed, the
Controller
shall take into account only the portion of the site on which the premises was constructed
and sixty
percent of the portion of the vacant land, if any, appurtenant to such premises, the excess
portion of
the vacant land being treated as amenity.
According to S. 17 (3) In case of premises let out for residential purposes, where the tenancy
subsists for twenty years or more in respect of the premises constructed in or before the
year 1984,
the fair rent shall be determined by adding to the rent as on 1.7.1976 not more than three
times, and
then deducting the increase, if any, in the manner provided in Schedule II, or by accepting
the
existing rent if such rent is more than the increased rent determined according to that
Schedule.
According to S. 17 (4) In case of premises let out for residential purposes, where the tenancy
subsists for ten years or more but less than twenty years in respect of the premises
constructed in or
before the year 1984, the fair rent shall be determined by adding to the rent as on 1.7.1986
not more
than two times, and then deducting the increase, if any, in the manner provided in Schedule
III, or by
accepting the existing rent if such rent is more than the increased rent determined according
to that
Schedule.
According to S. 17 (4A) Where a tenancy subsist for twenty years or more in respect of the
premises

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constructed in or before the year 1984 and used for commercial purpose, the fair rent shall
be
determined by adding the rent as on 1.7.1976 five times or by accepting the existing rent if
such
rent is more than the increased rent determined under this subsection.
According to S. 17 (4B) Where a tenancy subsists for ten years or more but less than twenty
years in
respect of the premises constructed in or before the year 1984 and used for commercial
purpose, the fair rent shall be determined by adding to the rent as on 1.7.1986 three times or
by accepting the
existing rent if such rent is more than the increased rate determined under this subsection.
According to S. 17(5) Where at the commencement of this Act, any proceeding is pending
for
fixation of the fair rent of such premises under the West Bengal Premises Tenancy Act,
1956; the
rent fixed under the said proceeding shall be the fair rent under this Act.
According to S. 17(6) Where none of the foregoing provisions of this section applies to any
premises,
the fair rent shall be such as would be reasonable, having regard to the situation, locality and
condition of the premises and the amenities provided therein and, where there are similar or
nearly
similar premises in the locality, having regard also to the rent payable in respect of such
premises.
Revision Of fair rent
According to S.18 the fair rent initially fixed shall be automatically increased by five per cent
every
three years. The State Government may issue notification varying such rate of increase
every four
years from the date of commencement of this Act.

6. (b) According The West Bengal Premises Tenancy Act, 1997

Section 13. Rent in excess of fair rent not chargeable. - (1) (a) No tenant shall,
notwithstanding any agreement to the contrary, be liable to pay to the landlord for the
occupation of any premises any amount in excess of fair rent of the premises, unless such
amount is lawful increase of the fair rent in accordance with the provision of this Act.
(b) Subject to the provisions of clause (a), any agreement for payment of rent in excess of
fair rent shall be construed as an agreement for the payment of fair rent only.

(2) Fair rent shall be paid within the time fixed by the contract or, in the absence of any such
contract, by the fifteenth day of the next month following the month for which it is payable,
provided the tenant may pay the rent payable for any month at any time during such month
before it falls due.

6. (c)

Penalty for charging rent in excess of fair rent

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According to to S.28(1) Who ever contravenes any of the provisions of section 13 shall, on a
complaint made to the Controller by the party aggrieved, be liable to a fine which may extend
to five
times the amount or the value of the consideration claimed or demanded or received in
excess of the
fair rent for the first occasion and, for the second or subsequent occasion, to a fine which
may extend
to ten times the amount of such excess.
(2) Whoever contravenes any of the provisions of section 15 shall, on the complaint made to
the
Controller by the party aggrieved or by the State Government, be liable to a fine which may,
for the
first occasion, extend to twice the value of the furniture and, for the second or subsequent
occasion,
extend to four times such value.
According to S.30 of the Act if any tenant or landlord or any other person who, in
contravention of
the provisions of section 14, receives any sum or consideration for relinquishment of tenancy
or as
premium or advance rent in excess of one month's rent, as the case may be, shall, on a
complaint
made to the Controller by the landlord, be liable to pay fine which may extend to fifty
thousand
rupees.

7. (c)

Protection of Tenants from Eviction

As per the law, a tenant has a legal right to go to the court and defend himself against an
illegal eviction. Often non-payment of rent, rent agreement violation, property damage and
illegal activity are key grounds for a tenant eviction. However, in case of illegal eviction, the
tenant has certain rights which can be exercised. This article looks at these rights and how a
tenant can exercise them

The position of tenant is always vulnerable as he/she has to live in the fear of receiving an
unwarranted notice of eviction from the landlord and then, facing again the trauma of
seeking other premises on lease at a cost which may or may not suit their budget and
lifestyle.

The recent upheaval was caused in Mumbai from the outbreak of the news about the state
government's plan to incorporate its Model Rent Control Act, which was expected to weaken
the protection of tenants from random hike in rent and unwarranted eviction.

Legal Position on eviction

If the tenant finds out that the eviction is not bona fide and unjustifiable, then he/she has the
right to be protected from such eviction. The laws pertaining to tenant protection from

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eviction are governed by respective state laws and each state has enlisted certain grounds
which legally allow the landlord to evict the tenant. Any other ground other than mentioned in
the list allows tenants to seek the help of laws and courts to protect themselves from such
unwarranted acts of landlord.

In addition to above, there are regional and state laws which govern rent and lease
agreements, carefully drafted, mutually agreed and signed by both the tenant as well as the
landlord. These State Acts also enable tenants to fight for their right of protection if the
landlord compels the tenant to evict him/her for any invalid reason/ground as not
enumerated in the Act.

In general, such eviction cases in the court take longer settlement time and go on for about
10-20 years.

The West Bengal Premises Tenancy Act, 1997 Act applies to residential as well as
commercial tenants in equal measure.
The Act makes it easier for the landlord to evict a tenant when he needs the premises for his
own use if he does not have suitable accommodation in the same area.
Other than this, however, eviction remains as difficult as before for landlords whose tenants
are not on contract.

SECTION-6
PROTECTION OF TENANT AGAINST EVICTION

No order or decree for the recovery of the possession of any premises shall be made in
favour of the landlord against the tenant , [except on a suit being instituted by such landlord]
on one or more of the following grounds:—
Consent
Tenant Sublet, assigned, parted with possession without consent of landlord in writing.
Tenant uses the premises for purpose

7. (d)

According to S. 21 of the West Bengal Premises Tenancy Act 1997

(1) If the landlord does not accept any rent tendered by the tenant within the prescribed
period, the
tenant shall remit the rent to the landlord by postal money order within fifteen days of such
refusal.
(2) If the tenant remits rent to the landlord by postal money order within the prescribed
period and it
is returned to the tenant by the postal authority as undelivered, either on account of the
landlord having refused to accept the payment thereof or for any other reason, the tenant
may deposit such
rent with the Controller within fifteen days from the date on which it is so returned to the
tenant.
(3) If there is a bona fide doubt as to the person or persons to whom rent is payable, the
tenant may

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deposit such rent with the Controller in the prescribed manner.
(4) The deposit shall be accompanied by an application supported by an affidavit by the
tenant
stating—
(a) the premises for which the rent is to be deposited and description of the premises
sufficient for
identifying the same;
(b) the period for which the rent is to be deposited;
(c) the name and address of the landlord or the person or persons claiming to be entitled to
such rent;
(d) the reasons for, and the circumstances of, application for deposit of the rent.
(5) The tenant shall also produce for scrutiny by the Controller the last rent receipt and
money order
form returned by the postal authority. In the case of deposit of rent for successive months
during any
continuous period, no affidavit in support of the application shall be required after the first
deposit, if
the reasons and the circumstances which led the tenant to make the first deposit remain the
same.
(6) The application shall be accompanied by as many true copies thereof as there are
landlords or
persons claiming the rent along with the prescribed fee for sending such copy or copies to
the
landlords or such persons by registered post with acknowledgment due.
(7) On such deposit of the rent, the Controller shall send in the prescribed manner the copy
or copies
of the application to the landlords or persons claiming to be entitled to the rent with an
endorsement
showing the date of deposit, such endorsement being authenticated by the seal of the office,
and the
signature of the Controller or some other officer authorized by him on this behalf. Such
authenticated copy of the application shall be admissible in evidence in any Court.
(8) Where rent for any month has been deposited on the ground that postal money order
was returned,
then the tenant may, without further tender of rent by postal money order to the landlord,
continue to
deposit the rent with the Controller for subsequent months or periods unless the landlord
signifies by
notice in writing to the tenant his willingness to accept the rent if tendered to him within the
prescribed period.

9. (a) Under clause (a) of section 3 of the West Bengal Apartment Ownership Act, 1972
“apartment” means part of a property having a direct exit to a road, street or highway or to a
common area leading to such road, street or highway which together with its undivided
interest in the common areas and facilities forms an independent residential unit and
includes a flat.

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Under clause (a) of section 2 of the Maharashtra Ownership Flats (Regulation of the
Promotion of Construction. Sale, Management and Transfer) Act 1963; “Flats” means a
separate and self-contained set of premises used or intended to be used for residence or
office or show-room or shop or godown
As per the Explanation to clause (a) of section 3 of the West Bengal Apartment Ownership
Act, the term “Flat” shall mean a separate residential unit, whether self-contained or not,
used or intended to be used for any of the purposes, referred to in sub-clauses (a) to (i) of
clause (2) of section 390 of the Calcutta Municipal Corporation Act, 1980.
The term “Flat” as per the explanation to clause (a) to section 3 has been modified by the
West Bengal Apartment Ownership (Amendment) Act, 2008.
The term “flat” shall mean a separate set of premises, whether sell-contained or not, used or
intended to be used for residence or office or show-room or shop or godown or garage or
any other commercial purposes forming part of a building or for any of the purposes referred
loin sub-clauses (a) to (i) of clause (2) of section 390 of the Kolkata Municipal Corporation
Act, 1980 (West Bengal Act LIX of 1980).

9. (b)
Common areas and facilities
Under clause (d) of section 3 of the West Bengal Apartment Ownership Act 1972; common
areas and facilities includes —
(1) The land on which the building is located and all easements rights and appurtenances
belonging to the land the building;
(2) The foundations, columns, girders, beams, supports, main walls, roofs, halls, corridors,
lobbies, stairs, stairways, fire-escapes and entrances and exits of the building;
(3) The basements, cellars, yards, gardens, parking areas, shopping centres, schools,
garages, building or apartment vacant or occupied by a tenant or any other person not being
an owner, and transferred or proposed to be transferred to the Association of Apartment
Owners and storage spaces
(4) The premises for the lodging of janitors or persons employed for the management of the
property;
(5) Installations of common services, such as, power, light, gas, hot and cold water, heating,
refrigeration, air conditioning, sewerage etc.;
(5) The elevators tanks, pumps, motors, compressors, pipes and ducts and in general all
apparatus and installations existing for common use;
(7) Such other common facilities as may be specially provided for in the Declaration;
(3) All Other Parts of The property necessary or convenient to its existence, maintenance
and safety, or normally in common use.

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