Land Laws (English) 2018

(B.A.LL.B.VII/B.B.A.LL.B. VII/LL.B.
V) Semester – Subject-Land Laws

`Note :
The question paper is divided into two Parts. Part- A will carry total 08 (eight) questions of
04 marks each and the candidate shall be required to attempt any 05( five) questions. Part B will
carry total 08 (eight) questions (of 20 marks each), two each from the 04(four) Units of the
syllabus. The candidate shall be required to attempt total 04 (four) questions, one each from every
Unit.
Land Laws
Session : 2018-19
(B.A.LL.B. XI Semester)
(B.B.A.L.L.B. XI Semester)
(L.L.B. V Semester)
 These are only important questions based on the syllabus. No
guarantee can be given.
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(B.A.LL.B.VII/B.B.A.LL.B. VII/LL.B. V) Semester – Subject-Land Laws
Syllabus
Land Reforms Act,1950
Unit-I
1- Aim and Object of the Zamindari Abolition and Land Reform Act
2- Definition
3- KUZA and L.R. Act, 1960 ( Salient Features)
Unit-II
1- Acquisition of interest of Intermediteries and its consequences.

2- Gaon Sabha and Land Management Committee, Gram Panchayat their constitution, Power
and Functions.
3- Gaon Fund, Consolidated Gaon Fund, Panel Lawyers.
Unit-III
1- Classes of Land Tenure Holders and their Rights

2- Ejectment- Ejectment from land of Public Utility
3- Ejectment of Trespassers.
4- Allotment of Land and Declaratory Suit
5- Collection of Land Revenue, Recovery of Arrears, Procedure for recovery of arrears,
settlement.
Unit-IV-
1- Mutation Proceedings
2- Boundary Marks and Boundary Disputes
3- Procedure of Revenue Courts and Powers of Revenue Officers
4- Appeal, Reference, Revision and Review.
5- Suggested Readings:
6- Uttar Pradesh Land Laws. - R.R. Maurya
7- The Uttar Pradesh Imposition of - Yatindra Singh
8- Ceiling on Land Holding Act, 1960
9- U.P. Zamindari Abolition and Land Reforms Act, 1950
10- The U.P. Land Revenue Act, 1901
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Q1- Discuss the salient features and objectives of the U.P. Zamindari abolition and Land
reform act 1950. To what extent the Act became successful in achieving its objects. (Unit –I)
Ans.- Salient Features of the Act - The salient features of the U.P. Zamindari Abolition and Land
Reforms Act are summarised below :
(1) Abolition of Zamindari system.-The Act abolishes the Zamindari system which
involved intermediaries between the State and cultivators. With effect from the "date of vesting"
(July 1, 1952) all the rights, interests and titles of intermediaries vested in the State of Uttar
Pradesh Zamindars were divested of their rights not only in the upper portion of the land but also
in the sub-soils.
(2) Payment of compensation.-The Act is not confiscatory in nature. All Zamindars

(intermediaries), whose rights, title or interest in any estate are acquired, are entitled to get
compensation. The compensation is to be paid to them equal to eight times of their net assets. In
awarding compensation no distinction is made between the bigger intermediary and the smaller
one, between the main Zamindar and the Thekedar, and between natural person and artificial
person like waqfs, trusts and endowments.
(3) Payment of Rehabilitation grant. - In addition to the compensation, there is provision

for payment of Rehabilitation grant. Thekedars are not entitled to this grant. Zamindars paying
annual land revenue upto Rs. 10,000 are the only persons entitled to get this grant. In other words,
Zamindars paying annual land revenue up to Rs. 10,000 are entitled to both compensation and
rehabilitation grant. Compensation is payable at the uniform rate of eight times of the net income
(assets),but rehabilitation grant is payable on the graded rates ranging from one to twenty times of
the net income. The grant is largest for the low incomes and smallest for those with comparatively
large incomes.
(4) Cultivating rights maintained.-"He who cultivates the land should be the owner of it"
was the underlined policy of the land law. This policy has been fully enshrined in the Act. The Act
maintained the cultivating rights of every person, whether he be a Zamindar, a Thekedar, a
mortgagee of an estate, a tenant or a sub-tenant. Zamindars retained their unlet sir and khudkasht
land in the status of tenure-holder and became Bhumidar of such land. Likewise the tenant of sir
land and the sub-tenant became adhivasi. Thus, all persons continued to retain possession of the
land they were cultivating.
(5) Land-tenure-system simplified.- Prior to the enforcement of the U.P. Zamindari

Abolition and L.R. Act, there were fourteen variety of land tenures all complex and bewildering.
The Act substituted and classified them into three classes of tenure. These were Bhumidhar Sirdar
and Asami.
Bhumidhar has transferable, permanent and heritable right in land. Sirdar’s right is
permanent and heritable. Asami has only heritable right. The Act also created a transitional form of
land tenure, viz., adhivasi. This fourth tenure was short-lived, because in October, 1954 all
adhivasis were made sirdars.
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(6) Prohibition of letting.-The Act prohibits letting as Well as subletting. In order that the
Zamindari system may not spread its tentacle again, tenure-holders are prohibited from letting out
the whole or part of their holdings for any period whatsoever. If a tenure-holder lets his land his
right shall come to an end.2 Exceptions are, however, given on humanitarian grounds to persons
suffering from mental or physical infirmity or persons under legal disability and who are unable to
cultivate the land personally. Such persons are women, minor, idiot, lunatic, blind person, student
and persons in detention or imprisonment.
(7) Prohibition for the accumulation of land.-The Act prohibits for the accumulation of
land. In future no tenure-holder with his/her spouse and minor children can acquire by purchase or
gift land as a result of which he becomes entitled to land exceeding 12.5 acres in the aggregate. To
avoid concentration of wealth (land) in the hands of a few persons is the principle behind this
prohibition. Persons having more than 12.5 acres of land shall retain their holdings, but they
cannot have any other land by purchase or gift.
(8) Prohibition for the creation of uneconomic holding.-The Act prohibits the Court to
divide the holding (or holdings) the area of which is 31/8 acres. Whenever in a suit for division,
the court finds that the aggregate area of land to be divided does not exceed 31/8 acres (i.e. 5
bighas, the court shall instead of proceeding to divide the land, direct the sale of the same and
distribution of the sale-proceeds in accordance with the respective shares of the parties.
(9) Uniform rule of succession.-Prior to the enforcement of the U.P. Zamindari Abolition
and Land Reform Act, the succession to the tenancy was governed, in case of superior tenants, by
their respective personal laws, but in case of inferior tenants, by the provisions contained in U.P.
Tenancy Act. The Act removes not only the intermediaries from land law but also the religions.
Now on the death of a tenure-holder his interest in the holding shall devolve to heirs enumerated
under Section 171 to 175, and not to personal law heirs. This rule of succession is applicable to all
the tenure~-holders, whether he is a Bhumidhar, Sirdar, or an Asami and whether he is a Hindu, a
Muslim, or a person professing religion other than Hindu and Muslim.
(10) Establishment of village Republics.-When this Act came into operation, two
institutions, Gaon Sabhas and Gaon Panchayats were already established under the U.P. Panchayat
Raj Act, 1947. The Act established two more institutions, viz., Gaon Samaj and Land Management
Committee. All the estates vested in the State Government were later on vested in the Gaon Samaj
(Now Gaon Sabha) and were to be managed by the Land Management Committee, the special
executive body of the Gaon Sabha. All lands of common utility such as abadi sites, pathways,
waste land, fisheries, village forests, public wells, tanks, and water channels are now vested in the
Gaon Sabha. This makes the village a small republic. A co-operative community is intended to
facilitate economic and social development and to encourage the growth of social responsibility
and community spirit.
(11) Wells, trees and buildings settled with the existing owner thereof-All wells, trees
in the abadi and all buildings situated in the Zamindari estate allowed to be remained in the
possession of existing owners or occupiers thereof, and it would be deemed to be settled with them
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as owners thereof. The site of wells or the buildings, with area appurtenant thereto was also
deemed to be settled with the owners of wells or b ildings, irrespective of his being a Zamindar,
tenant or a non-tenant.
Q.2 What are the Consequences of the Acquisition of interest of

Zamindar/Intermediaries? (Unit –II)
Ans. ACQUISITION OF THE INTERESTS OF INTERMEDIARIES AND ITS

CONSEQUENCES
Sections 4 to 26 of the U.P. Zamindari Abolition and Land Reforms Act deal with
acquisition of the interests of intermediaries (Zamindars) and its consequences. The Act came into
force on January 26, 1951.
(A) CONSEQUENCES OF VESTING
The consequences of the vesting of estates in the State are enumerated under Sections 6, 8
and 9 of the Act and they are—
Abolition of Zamindari.2—All the rights, title and interest Of all the 'Zamindars
(intermediaries) in every estate shall cease and be vested in the State of Uttar Pradesh free from all
encumbrances.
The estate includes every land, grove-land, forests, fisheries, ponds, tanks, water-channels,
ferries, pathways, abadi sites, hats, bazars, melas, mines and minerals. Under Section 4 of the Act,
the estates vest in the State free from all encumbrances. It means that the estates become free from
all encumbrances.
2. Grants and confirmation of titles—All grants and confirmation of title to land in an

estate shall come to an end. Rights of talugdars in Avadh based on sanads, granted to them, after
the First Independence Movement of 1857, as a reward for their loyalty to the British Government,
shall also be extinguished. Where Zamindars granted land free of rent or at favourable-rate-of-rent,
such grantees shall also lose their rights to hold the lands free of rent or at lesser rent. All rent-free
grantees at a favourable rate of rent shall hold their lands as tenure-holders but they will lose their
rights or privilege to hold the land at concession.
3. Rights relating to rent.—The Zamindar shall not take rents, cesses, local rates and
sayers in respect of any land for any period after the "date of vesting". The rent cess etc. which
were being until paid to the Zamindars shall now be payable to the State Government. If a
cultivator or tenant pays rent, etc. for any period after the date of vesting to the Zamindar, it shall
not be a valid discharge of the person liable to pay the same. In other words, the Act imposes the
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duty on the tenants and cultivators not to pay rent, etc. to the ex-Zamindar for any period after the
date of vesting (which is July 1, 1952). If a person, who is liable to pay rent etc. pays knowingly or
unknowingly the same to the ex-Zamindar, and the ex-Zamindar issues him a valid receipt for any
period after the date of vesting, the State Government shall have the right to realize the same
notwithstanding any receipt produced.
4. Arrears if revenue and Government dues—The unpaid dues from the outgoing
Zamindar shall continue to be recoverable by the State Government even after the abolition of
Zamindari. These dues are—
i. arrears of land revenue, cesses, etc.
ii. arrears of agriculture income-tax assessed under the U.P. Agriculture Income-tax Act
1948.
iii. amount ordered to be paid under Section 27 and 28 of the U.P. Encumbered Estates Act,
1934.
iv. amount due under the Land Improvement Loans Act, 1883, or’
v. amount due under the Agriculture Loans Act, 1884.
5. Attachment and Sale—The interest of the intermediary so acquired in any estate shall
not be liable to attachment or sale in execution of any decree or other process of any Court. If an
attachment has already been made, or an order of attachment has been passed before the date of
vesting (the first July, 1952), it shall cease to be in force.' However, the decree-holder's right to
attach the compensation money .shall not be affected.
6. Mortgagee in possession of an estate.—The existing possessory mortgage of an estate

or part thereof shall be deemed to have been substituted by a simple mortgage. The estate shall be
vested in the State of Uttar Pradesh free from all encumbrances even if the estate was in the hands
of the mortgagee. The mortgagee will not get his money from the State, nor he will proceed against
other property of the mortgagor. Once the mortgage with possession is transformed into a simple
mortgage, the right of the former usufructuary mortgagee to hold or continue in possession would
automatically extinguish.' The ex-mortgagee of the estate shall, however, be entitled to get his
secured money from the State Government out of compensation payable to the Zamindar.
7. Suits and Proceedings.—All suits and proceedings regarding Zamindari shall be stayed.
Such suits and proceedings are enumerated under Rule 4 and which includes :
(a) appointment of Lambardary,
(b) partition or union of nwhals,
(c) suits for the termination of a theka,
(d) suits for the ejectment of a tenant.
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8. Mahals, etc.—All mahals and their pattis (sub-divisions) existing on the date
immediately preceding the date of vesting shall come to an end.
Mahal was the smallest unit for the payment of land revenue, the owner of mahal was
called the proprietor. The khewat (a register of proprietorship) which was maintained by the
Lekhpal mahal-wise also became redundant and was discontinued. With the abolition of Zamindari
all the engagements for payment of land revenue by a proprietor, lambardar, etc. shall determine
and cease to be in force.
9. Certain contracts entered into after August 8, 1946.—"Any contract for grazing or
gathering of produce from land or the collection of forest produce or fish from any forest or
fisheries entered into after the eight day of August, 1946, between an intermediary and any other
person in respect of any private forest, fisheries or land laying in such estate shall become void
with effect from the date of vesting. (Section 8)
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Q3- Write a note on Land management committee. (Unit –II)
Ans.- LAND MANAGEMENT COMMITTEE
The Gaon Panchayat of every Gaon Sabha shall also be the Land Management Committee
(Bhumi Prabandhak Samiti) to assist it in the discharge of its duties of up-keep, protection and
supervision of all property vested in the Gaon Sabha under Section 117 of the U.RZ.A. and L.R.
Act, and all other property vesting in it or coming into its possession under any other provision of
the U.RZ.A. and L.R. Act. Prior to the passing of U.R Village Local Self-Government Laws
(Amendment) Act; (Act No. 3 of 1973), the Land Management Committee was established by the
Gaon Panchayat. It was a smaller body of the Gaon Panchayat. The members of Land Management
Committee were elected by the members of Gaon Panchayat amongst themselves.
Functions and duties of the Land Management Committee
The and Management Committee (Bhumi Prabandhak Samiti) shall for and on behalf of the
Gaon Sabha be_ charged with the general superintendence, management, preservation and control
of all the land, etc. entrusted or deemed to be entrusted to a Gaon Sabha. Without prejudice to the
generality' of the foregoing provisions, the functions and duties of the Land Management
Committee shall include-
(1) the setting and management of the land;
(2) the conduct and prosecution of suits and proceedings by or against the Gaon Sabha;
(3) the development and improvement of agriculture;
(4) the preservation, maintenance and development of forest and trees;
(5) the maintenance and development of abadi sites and village communications;
(6) the management of hats, bazars and melas;
(7) the development of cottage industries; .
(8) the maintenance and development of fisheries and tanks;
(9) the consolidation of holdings; and
(10) such other matters as may be prescribed.
Powers of Land Management Committee.-The Land Management Committee

has the following powers :-
(1)Powers to admit persons in land.-With the previous approval of the Assistant

Collector incharge of the Sub-division the Land Management Committee has the right to admit any
person in land vested in the Gaon Sabha or coming into its possession under any provision of the
law. If the land is such which are enumerated under Section 132 of the Act, the person admitted
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shall be an asami. If the land is one other than the land mentioned in Section 132, the person
admitted shall be “a bhumidhar with non-transferable right". In admitting a person in land, the
Land Management committee must follow the order of preference mentioned under Section
198(1).
(2) Power to eject trespasser and recover compensation for damage or

misappropriation Where any property vested under the provisions of the U.P.Z.A. and L.R. Act
in a Gaon Sabha is damaged or misappropriated or where any Gaon Sabha is entitled to take or
retain possession of any land under the provisions of the Act and such land is occupied otherwise
than in accordance with the provisions of the Act, the Land Management Committee shall inform
the Assistant Collector concerned. The Assistant Collector shall initiate proceedings for the
ejectment of trespasser and for recovery of compensation for the damage to or misappropriation of
property.
3) Power to eject a person from the land of public utility.- The Chairman, Secretary
(Lekhpal) or a member of the Land Management Committee may make an application to the
Collector for the ejectment from the land of public utility mentioned under Section 212 of the Act.
The Land Management Committee have neither power to change the nature of public utility
land reserved in consolidation proceedings, nor such land can be allotted to any person of the
village no bhumidari right will accrue under the Act in the land earmarked for public utility.:
(4) Power to collect land revenue.-Section 276 of the Act empowers the State
Government to charge a Land Management Committee with the duty of collecting and realising
the land revenue. The State Government has, by general notification in the Ofhcial Gazette,
delegated this power to Collector to charge a Land Management Committee the duty of collecting
and realizing the land revenue. Being authorised by the Collector, the Land Management
Committee shall be empowered to collect and realise land revenue from bhumidhars.
(5) Power to let vacant land of minor; idiot or lunatic.-Where a bhumidliar with non-
transferable rights, being a minor, idiot or lunatic has not used his holding ifor a purpose connected
with agriculture, horticulture or animal husbandry which includes pisciculture and poultry farming
for two consecutive Fasli years, the Land Management Committee may admit on behalf of the said
bhumidar any person as an asami.
(6) Power to take possession over land.- The Land Management Committee is entitled to
take possession over land under the following cases
(a) when a bhumidhar with transferable rights dies heirless and Without making a valid
will;
(b) when a bhumidhar with non-transferable rights dies heirless;
(c) when a bhumidhar with non-transferable rights surrenders his holding or his holding is
declared abandoned;
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(d) when a bhumidhar is ejected from the holding in accordance with the provisions of the
Act; or
(e) when an asami of Gaon Sabha is ejected or dies heirless.
(7) Power to allot land for housing sites.-The Land Management committee may, with
the previous approval of the Assistant Collector in-charge of the Sub-Division, allot land for
purposes of building houses to members of Scheduled Castes, Scheduled Tribes, agricultural
labourers or village artisans. It may be noted that-in clause (1) of Section 123 "June 3, 1995" has
been substituted by "May 1, 2002" and the persons belonging to above categories who have built
their houses over the Gaon Sabha land prior to May 1, 2002 Will be deemed owner of such land
and building.
Q4- Explain the procedure of Ejectment of Trespasser in the Land. (Unit –III)
Ans. EJECTMENT OF A TRESPASSER
Section 209 of the Act provides for the ejectment of persons occupying land without title.
Persons occupying land without title may be termed as trespasser, when a person
(1) taking or retaining possession of land otherwise than in accordance with the provisions of the
law for the time being in force and
(2) the taking or retaining possession is without the consent of the tenure-holder concerned, or in
case of land belonging to Gaon Sabha, without the consent of Gaon Sabha,
he shall be liable to be ejected-
from the holding of a bhumidhar on the suit of the bhumidhar;
from the holding of an asami on the suit of the asami; or
from the land of Gaon Sabha on the suit of the Gaon Sabha,
and, shall be also liable to pay damages.
(i) Trespasser ab initio.-A person who enters the possession without the consent of the tenure-
holder and without any previous agreement is a trespasser from the very beginning. Trespasser ab
initio is included by the words "person taking possession."
(ii) Trespasser afterwards.-A person, whose taking possession of land was legal but which has
afterwards become illegal, may be termed as a trespasser afterwards. Thus the section includes a
person who enters the land under some title but subsequently loses that right.
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For example-
A dies leaving his widow W and daughter D. On A’s death W takes possession thereof. This taking
is in accordance with the provisions of law because she is a preferencial heir under Section 171 of
the Act. W remarries and retains the possession of the land. As W loses her right to retain the land
on remarriage so her retaining the possession of the land is not in accordance with the provisions
of law. She becomes trespasser from the date of remarriage.
Procedure of ejectment.-The suit for ejectment of persons occupying land without title and
damages is to be filed in the Revenue Court of Assistant Collector, First Class and the State
Government shall be made a necessary party. When the State Government is a necessary party, the
service of notice under Section 80, C.P.C is mandatory, and it cannot be done away" with just
because there is no direct cause of action against the State Government. In this aspect of the
matter, there is no material distinction possible between institution of a suit against the
Government and impalement of Government as a necessary party in a suit, as in other cause under
Section 80, C.P.C. notice is unavoidable for proper filing of the plaint and Valid institution of a
suit. In former case, it is manifest that there is a cause of action against the Government; in the
latter it is immaterial whether there is any cause of action against the Government or not, but in
either case under Section 80, C.P.C notice is necessary.” In any suit or proceeding under the U.P.
Zamindari Abolition and Land Reforms Act, if the State is impleaded as a party after the institution
of the suit but does not raise any objection to it at that time, neither the State Government nor any
other party will be permitted to challenge the validity of the proceeding because of the notice
under Section 80, C.P.C. which had not been given to the Government.
If the trespassed land belong to a bhumidhar or asami, the tenure-holder concerned

should file the suit. If the land has vested or come in the possession of Gaon Sabha, then in case of
trespass, the suit shall be filed by the Gaon Sabha concerned.
The limitation period to file a suit by the bhumidhar or asami is 12 years. But in Bhabar
and Tarai region (including 85 settled villages) of the district Nainital (now part of State of
Uttaranchal), the limitation, period to eject trespasser from the holding of a bhumidhar is only
years. The limitation period shall run from the first July, following the date of trespass. There is no
limitation period prescribed to file a suit by the Gaon Sabha. Consequently, no right now can be
accrued in Gaon Sabha land by trespass.
Special procedure for Gaon Sabha land.- A suit for ejectment of a trespasser and for damages
may be filed by Gaon Sabha in the Revenue Court of Assistant Collector, First Class. As Gaon
Sabha is an artificial person, it must act through its human ministerial office. The land
Management Committee is the special executive body of Gaon Sabha. The head (Sabhapati) of the
Gaon Sabha is ex of/Qcio Chairman of the Land Management Committee which had been charged
with the general superintendence, management, preservation and control of all land etc. vested or
re-vested in the Gaon Sabha. The power to file suit against trespassers lies with the Land
Management Committee.
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Q5- Discuss in brief the various modes of recovery of arrears of land revenue. (Unit –III)
1. Writ of demand-Section 280.-The writ of demand or citiation to appear is issued by the

Tahsildar of the Tahsil in which the arrear fell due asking the defaulter to deposit a particular
amount by a particular date, or requiring him to appear on a particular date and deposit a particular
amount.” A fee of rupees two is added in the arrears.
The writ of demand or citation to appear is to be served personally on the defaulter or his
agent. With the sanction of the Collector writ of demand may also be served by registered post?
Writ of demand or citation to appear is not required by law to precede "attachment and sale of
movable property" but ordinarily a writ of demand or citation to appear should issue before any
other process is resorted to.
2. Arrest and detention-Section 281.-Process for the arrest and detention may be issued by the
Collector, Assistant Collector incharge of lub-division, or the Tahsildar." The Land Management
Committee (where charged with the duty of collecting and realising land revenue) cannot issue any
process for arrest and detention. The fee levied for a Warrant of arrest iss Rs. 5. In case of co-
defaulter separate Warrant of arrest should be issued for each of them.
The warrant of arrest may be executed by any one of the process-servers or by an Amin or
any other officer whose name is entered in the warrant of arrest. Where a defaulter at the time of
his arrest pays the entire amount of arrears specified in the Warrant of arrest along with the
process-fee to the process-server, the Amin or the officer, as the case may be, empowered in the
said warrant to receive such arrears and process-fee, he shall not be arrested and if arrested shall be
released, and a receipt for the amount so paid shall be issued to him on the spot.
Persons exempted from arrears and detention Six sorts of persons are expressly exempted from
arrest and detention under Section 281 and Rules framed thereunder. These persons are:
1. A woman
2. A minor
3. A member belonging to the Defence Forces of India.
3. Attachment and sale of movable Property [Section 282]- The order for attachment and sale of
the movable property including the produce of the defaulter can only by made by the Collector or
Assistant Collector incharge of the Sub-division“ The cost of attachment 75 paise shall be added to
the arrears of land revenue. If the sale of movables also takes place, 6 paise per rupee of the arrears
of the revenue and cost be added in the arrears recoverable. Any sum in excess of such arrears
realized by the sale shall be paid to the defaulter.
All the items of movable property specified under the proviso to Section 60 of the C.P.C.
shall be exempt from the attachment. In addition to this all articles set apart exclusively for the use
of religious worship shall also be exempt from attachment and sale. Thus, in short, the following
items of movable property are exempt from attachment and sale:
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l. The necessary wearing-apparel, cooking vessels, beds and bedding of the defaulter, his wife and
children.
2. Tools of village artisans, agricultural implements and seed grains.
3. Books of account.
4. Articles of worship, such as metal statue, bell, bowl and mrigchhala.
4. Attachment and lease of the holding in respect of which the arrear is due.”- Only Collector
can issue such process either suo motu or on the application of the Land Management Committee.
The attachment of holding may be ordered in addition to or in lieu of other processes mentioned
under Section 279 (1) of the Act.
After the holding is attached, the Collector has the authority of letting it for a maximum
period of ten years to some suitable person who Gould pay the land revenue and clear off the
arrears. Followings are the important points in this connection:
(i) The lease can only be granted after the attachment of the holding. The attachment must be in
fact. A mere order for attachment will not raise a presumption that the holding has actually been
attached.
(ii) The Collector has a discretion to grant the lease for any period commencing from July 1 next.
But this period will not exceed,
(iii) The lease cannot be granted to defaulter.
(iv) The deposit of arrears is a condition precedent to the grant of lease.
(v) The lease must be reduced to Writing. The lessee shall not get the status of an asami. He shall
be a "Government lessee" and entitled to hold the land in accordance with the terms and
conditions of the lease relating thereto.
5. Attachment and sale of the holding in respect of arrear is due.-This process is to be used
only when the earlier one (i.e., lease of the holding) has not been possible. Following essentials to
be noted :-
(i) The holding must have been properly attached.
(ii) The proclamation of the sale shall be issued by the Collector at least before 30 days on which
the sale is proposed to be made.
(iii) The sale shall be made either by the Collector in person or by an Assistant Collector specially
appointed by him in this
(iv) No such sale shall take place on Sunday or other gazette holidays.
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(v) The holding shall be sold in lots 31/8 to 121/2 acres. It should also be made clear that only
those persons should bid in the auction, acquisition of land by whom would not be against the
provisions of Section 154 of the Acts; that is, the auction purchaser, at the result of the auction-
purchase must not have more than 121/2 acres of land in Uttar Pradesh.
6. Attachment and sale of other immovable property (Section 286).-The process can be used
only by the Collector. It is to be recourse only when the land revenue cannot be recovered by any
one or more of five processes abovementioned. The Collector may come to the conclusion even
before issuing a particular process that the other processes will not be fruitful. But so far as
miscellaneous sums recoverable as arrears of land revenue are concerned, the Collector may
recourse to this process without using any other process.
The Supreme Court in Manni Lal Mohan Lal Shah v. Sardar Syed Ahmad held that in an auction-
sale where the auction-purchaser has not deposited the balance of 75% Within 15 days of the sale,
for any reason whatsoever, is non-existent in the eye of law. Non-payment of the price on the part
of defaulting purchaser renders the sale-proceedings as a nullity. The Rules do not contemplate
that there can be any sale in favour of a stranger purchaser without depositing 25% of the
purchase-money in the first instance and the balance Within 15 days.
Page 14 of 44 (2018-19)
Q6- What do you mean by mutation. Describe the procedure of mutation on grounds of
transfer and succession. (Unit –IV)
The change in the possession may occur in two ways-
1. by succession, or
2. by transfer.
Mutation on ground of succession
Where a person obtains possession of any land by succession, the Kanungo shall make such
enquiry as may be prescribed4 and if the case is not disputed record the same in the annual
register.
The law imposes a duty upon the Supervisor Kanungo (Land Record Inspector) that
whenever he comes to know the death of a tenure-holder, he must enquire into the matter, and if he
comes to the conclusion that the succession is disputed, he must strike off the name of the
deceased and enter the name of the heir or heirs of the deceased in his place. But it is a notorious
fact that amongst the staff manning the District Revenue Administration the Kanungo stands next
to lekhpal is being looked with suspicion vis-a-vis the motives behind his ofhcial activities, and the
people at large view, formed an opinion that rightly or wrongly, even the official duties performed
by the Kanungo as a class is being dictated by considerations foreign and not to fair play and good
conscience.
Mutation on ground of Transfer.-Every person obtaining possession of any land by transfer must
report such transfer to the Tahsildar of the Tahsil in which the land is situate.“ The limitation
period for making a report is three months.
In case of a lease, the period shall be counted from the date of obtaining possession, and
in case of the transfer, other than lease, the three months’ period shall be counted from the date of
transfer. The Word "transfer" has been used in very wide sense, and it includes-
(i) a family settlement by which the holding or part of the holding recorded in the
record-of-rights in the name of one or more members of that family is declared to belong to
another or other members, or
(ii) an exchange of holding or part thereof under Section 161 of the U.P. Zamindari
Abolition and Land Reforms Act.
Manner of Reporting and Procedure on report. Every report to the Tahsildar under Section 34
shall be in writing. It shall be signed and dated by the person making it. In case of transfer by sale
or gift the report shall be accompanied by an affidavit from the transferee to the effect that the
transfer does not contravene the provisions of Section 154 of the U.P. Zamindari Abolition and
Land Reforms Act 1950.1 The report shall specify the following:
(a) the name of the village where the land has been acquired;
Page 15 of 44 (2018-19)
(b) the name, parentage and residence of the person who has acquired the land and the person from
whom the land has been acquired;
(c) description of the 'right and the manner in which it has been acquired;
(d) the rent on which the right has been acquired; and
(e) the revenue or the rent of the land acquired.
The report may either be presented to the Tahsildar or may be sent to him “by post.3 No
application for mutation of names is required. Only a report should be made and this report is not
required to be stamped. If there is some error and omission in the report, it shall not be deemed to
be invalid. In such cases the Tahsildar shall ascertain and complete or correct the report.
Upon the receipt of the report under Section 34 or on facts otherwise coming to his knowledge, the
Tahsildar shall cause a proclamation to be issued provided the manner under Section 197 notifying
that proceedings for mutation of names have been started. The proclamation shall specify:
(a) the name of the village Where the land is situate;
(b) the name, parentage and residence of the person acquiring the land and of the person from
Whom the land is acquired;
(c) the date on Which the land was acquired;
(d) the rent or revenue payable on the land; A
(e) the date on which the proclamation is issued;
(f) the date by which objections can be filed. This date must not be less than 30 days from the date
of issue of the proclamation.
A copy of the proclamation shall be served free of charge on the transferor and his co-sharer, if any
and to the Bhumi Prabandhak Samiti (Land Management Committee) simultaneously with the
issue of proclamation or within fifteen days thereof.
Page 16 of 44 (2018-19)
Q7- Explain the meaning of compensation and rehabilitation grant. Distinguish between
compensation and rehabilitation grant. (Unit –I)
Ans. COMPENSATION AND REHABILITATION GRANT
The U.P. Zamindari Abolition and Land Reforms Act makes provision for compensation
and rehabilitation grant, both of which together form recompense pro quo for acquisition of estate
of erstwhile intermediary and carry the same legal characteristics. Both are payable to persons
whose estates are acquired by the State. The compensation is the payment of amount in lieu of
property of what the owner has been deprived of. The purpose for the payment of the rehabilitation
grant is to rehabilitate the Zamindars and to give them opportunity to find new and useful
avocation by engaging in production activities. It shall be interesting to mention that in the
‘Zamindari Abolition Committee’ two questions were much debated, viz.-
(i) Should Zamindars be paid any compensation at all?
(ii) If so, should differentiation be made between one Zamindar and the others on the basis
of the origin of his estate.
Should Zamindars be paid any compensation at all?-The arguments advanced in

favour of granting compensation to the expropriated Zamindars were:
(i) The Crown has never taken land of the subject without paying compensation for it.
(ii) Under Section 299 of the Government of India Act, 1935 there can be no acquisition for public
purposes without the provision for compensation.
(iii) The Resolution of August 8, 1946, passed by the State Legislature provides for the payment of
compensation.
(iv) The abolition of Zamindari without compensation would create a dangerous economic and
social situation and would lead a Section of the people to forced pauperization.
The Zamindari, Abolition committee recommended that the compensation should be paid to
all intermediaries whose estates are to be acquired.
COMPENSATION UNDER THE ACT
Persons entitled to compensation (S. 27).-Every intermediary, whose rights, title or interest in an
estate are acquired under the provisions of the Act, shall be entitled to receive compensation.
Thus the Act provides compensation to every intermediary, whether he is bigger or smaller;
natural person or artificial one; main Zamindari or his thekedaar.
Assessment of Compensation.-It shall be made by the Compensation Officer in the following

manner :
Page 17 of 44 (2018-19)
(1) Record-of-Rights.-The entries in the Record of rights of the previous agricultural year
(i.e., 1359 Fasli) shall be presumed to be correct, unless it is corrected under Section 33 by the
Compensation Officer. Section 33 of the Act relates for the correction of clerical error or
arithmetical mistake in the record-of-rights.
(2) Dispute of title.-If there is a dispute of title of the estate or part thereof, the same shall
not be decided by the Compensation Officer. The Civil Court has jurisdiction to decide disputes
about the title. If any suit or proceeding is pending on the date of vesting or instituted subsequent
to vesting, in which the correctness of record-of-rights is challenged or is in dispute directly or
indirectly, a certified copy of the plaint or written statement (or objection) shall be filed before the
Assessment Roll.
(3) Mode of assessment.-Every intermediary shall be treated as separate unit for the
assessment of compensation and rehabilitation grant.
But in the case of a joint Hindu family-
(a) a father with his male lineal descendants in the male line of descent shall be deemed to be one
unit where he was alive on the date of vesting;
(b) if the father was not alive, all the members thereof shall be treated as separate unit.
Any family partition made on or after August 8, 1946, shall not be recognised for purposes
of assessment of compensation and rehabilitation grant.
REHABILITATION GRANT
Rehabilitation grant is actually a part of the payment of the compensation. Compensation and
rehabilitation grant, both are payable to ex-Zamindars whose Zamindari (estates) have been
acquired. The compensation is the payment of amount in lieu of property what the owner has been
deprived of. The aim of the rehabilitation grant is to afford reasonable help to the smaller
Zamindars, who have been uprooted from their avocations, so that they may have enough to
rehabilitate themselves and make fresh start in life. The rehabilitation grant takes also into account
the economic circumstances of a displaced Zamindar. That is why the rehabilitation grant is not
payable to all the intermediaries (Zamindars), and intermediaries entitled to be paid are given this
grant at a graded scale. The smallest intermediary paying land revenue upto Rs. 25 annually is to
be paid 20 times of the net assets (net income) as a rehabilitation grant, While the intermediary
paying land revenue upto Rs. 10,000 annually is entitled equal to the net assets only. Thus the
grant is the largest for low incomes and the smallest for those with comparatively larger incomes.
Persons entitled
(1) Rehabilitation grant shall be paid to those intermediaries whose annual land-revenue
does not exceed Rs. 10,000. Intermediaries paying land revenue more than Rs. 10,000 annually are
not entitled to get this grant.
Page 18 of 44 (2018-19)
(2) Thekadars are not entitled to this grant.
(3) If the ex-intermediary is a wakf, trust or an endowment established for religious or

charitable purpose, it shall be entitled to the grant irrespective of the amount of land revenue. That
is, waqf trust or endowment aforesaid 'is entitled to get this grant even if it pays land revenue of
more than rupees ten thousand.
Amount of the Rehabilitation grant
Rehabilitation grant to waqf, trust or endowment established for religious and/or charitable
purpose shall be paid in the shape of "annuity“ which shall be equal to the net assets of all estates
comprised in the waqf, etc. But the interest on the amount of compensation payable shall be
deducted from this amounts Briefly it can be said that the annual income of the religious or
charitable waqf, trust or endowment has been kept intact, and the abolition of Zamindari in our
State does not affect the annual net income of the aforesaid institutions.
Distinction between compensation and Rehabilitation grant

Compensation Rehabilitation grant
1. It is paid to all the intermediaries including a 1. It is paid to some intermediaries and never to a
thekadar. thekadar. Intermediaries paying land revenue more
than Rs. 10,000 annually are not entitled.
2. It is paid at a flat rate of eight times of the net 2. It is paid at a graded rate ranging from one to
assets. times of the net assets.
3. Application is not necessary. 3. The application is necessary.
4. It is paid with effect from the 4. Except in case of certain wakf, trust or
date of vesting. endowment, it is paid from the date on which
amount of compensation been determined.
5.There is a provision of interim compensation. 5. There is no such provision
6. Transfer of estate by sale or gift is to be 6. Transfer by way of sale or gift of any estate or
recognised. part thereof made on or alter the first day of July,
1948, shall not be recognised.
7. Arrears of land revenue and specific 7. They are not to be recoverable from the
Government dues are to be recovered from the rehabilitation grant.
compensation.
8. Appeal shall lie from the order of the 8. Appeal shall lie to the District Judge from the
Compensation Officer to the District Judge, and orders of the Rehabilitation Grant officer. Only
second appeal to High Court. But if the revision petition may lie to the High Court, and not
difference of the net assets claimed by the the second appeal.
intermediary and the net assets assessed by
the Compensation Officer is more than Rs.
2,500, the appeal from the order of the
Compensation Officer shall lie direct to the High
Court.
9. "Zamindari Abolition Compensation Bonds" 9. "Zamindari Abolition Rehabilitation Grant
shall carry interest at the rate of 2.5 Bonds" are non-interest bearing bonds.
per cent. per annum from the date of vesting.
Page 19 of 44 (2018-19)
Q8- Define surrender and abandonment and distinguish between them. (Unit –III)
Abandonment- "To abandon is totally to Withdraw oneself from an object, to lay aside all care for
it; to leave it altogether to itse1f." Where a land is abandoned the underlined idea is that the land is
utterly useless or valueless and the abandonment is not being made in favour of particular person.
Under law prior to the commencement of the U.P.Z.A. and L.R. Act, the conditions of valid
abandonment were that-
(i) the tenant must cease to cultivate, and
(ii) he must leave the neighbourhood Without leaving in charge of his holding a person
responsible for the payment of the rent as it falls due.
Under the U.P. Zamindari Abolition and Land Reforms Act, the fulfillment of either
condition for an abandonment is not necessary. The law relating to abandonment under the present
Act has been made easier. According to the provisions of Section 186 of the Act:
"Where a bhumidhar with non-transferable rights (other than a minor, lunatic or idiot) or
asami has not used his holding for a purpose connected with agriculture, horticulture, or animal
husbandry which includes pisciculture and poultry farming for two consecutive agricultural years,
the Tahsildar may declare the land as abandoned.”
Before declaring the land "abandoned" the tashsildar shall issue a notice to bhumidhar with
non transferable rights or asami, as the case may be, to show cause Why the holding be not treated
as abandoned. The notice shall be issued by the Tahsildar on the application of the Gaon Sabha or
the concerned landholder or on facts coming to his notice otherwise. If the bhumidhar with non-
transferable rights or asami appears to contest the notice, the Tahsidar will drop the proseedings“
and the land shall not be declared abandoned despite the fact that the holding has not been used for
more than two consecutive agricultural years.
Consequences of abandonment.-On abandonment,
(i) if the tenure-holder abandoning the land is a female having “limited estate", it shall revert to the
next surviving heir of the last male tenure-holder;
(ii) If the holding has been abandoned by bhumidhar with non-transferable rights or asami other
than a female of "limited estate“, his interest shall be extinguished, and the land shall be deemed to
be vacant land;
(iii) The Land Management Committee shall be entitled to take possession of such bhumidhari
land, and in the case of an asami land the possession would be taken by his landholder.
Page 20 of 44 (2018-19)
SURRENDER
Surrender is a yielding up of an estate for life or years to him that has the immediate estate
in reversion or remainder. The term is usually applied to the giving up of a lease before its
expiration.” The expression "surrender" has been used in U.P.Z.A. sand L.R. Act in Ordinary sense
meaning thereby to give up or resign. It altogether snaps the link of succession to the man who
surrenders.
The right of surrendering one’s holding is available to “Bhumidar with non-transferable

rights” or asami. A bhumidhar with non-transferable rights may surrender his holding or part
thereof but an asami can surrender the whole of his holding and not any part thereof.
Surrender by a bhumidhar with non-transferable rights- Where a bhumidhar with non-

transferable rights wants to surrender his holding or any part thereof-
(1) he must give a notice in writing to the Land Management Committee before the first day of
April intimating his intention to do so;
(2) he must make an' application along with the copy of the notice, to the Tahsildar before April 1;
(3) the possession of the land must be given up before July 1.
On receipt of an application of surrender the Tahsildar shall, at the commencement of the

next agricultural year, send the application to the Lekhpal of the circle who shall get it attested by
the applicant and Chairman of the Land Management Committee and report if possession has been
given up. On receipt of the Lekhpal’s report to the effect that possession has been given up and if
the notice and the application had been given and made before the first day of April, the Tahsildar
shall order the correction of papers accordingly. If the application and the notice had been given
and made after the first day of April, the action for the correction of papers shall be taken after the
expiry of the year next succeeding the agricultural year in which the application had been made
and the bhumidhar with non-transferable rights notwithstanding the surrender shall be liable to pay
land revenue for the agricultural year next following the date of surrender. If the possession has not
been given up, the Tahsildar shall reject the application and inform the tenure-holder and Land
Management Committee accordingly. But-
(i) if the land has been mortgaged under Section 152 (3) and the mortgage has not been fully
redeemed, no surrender of the land shall be made.
(ii) if the tenure holder happens to be a female of limited interest on surrender the land shall
go to the other reversioners and not to the Gaon Sabha.
Surrender by an Asami -Where an asami wants to surrender his holding,-
(1) he must give a notice in” Writing to the Land Management Committee (if he is an asami of the
Gaon Sabha) or landholder before the first day of April; and
(2) the possession must be' given up before the first day of July.
Page 21 of 44 (2018-19)
If the notice of surrender is not given before April 1, the surrender shall be effective but the
asami shall not be freed to pay the rent of the holding for the agricultural year next following the
date of surrender.
(1) Surrender and abandonment distinguished-(1) Surrender is a voluntary act, whereas

abandonment is by operation of law and is declared on omission made by the tenure-holder.
(2) The proceedings for surrender are started on the application of the surrender whereas the
proceedings for the abandonment are initiated suo motu or on the application of someone other
than the abandoner.
(3) The delivery of possession is necessary in case of surrender, but as the abandonment is due to
non-user such question does not arise.
(4) The abandonment of the holding of an idiot, a minor or a lunatic bhumidhar with non-
transferable rights is prohibited impliedly under Section 186, but even a minor, idiot or a lunatic
bhumidhar with non~transferable rights may make a surrender.
Page 22 of 44 (2018-19)
Q9- Discuss the composition and powers of board of revenue under the U.P. Land revenue
act. (Unit –IV)
Ans. BOARD OF REVENUE
The highest authority for judicial matters connected with the land revenue in the Uttar
Pradesh is the Board of Revenue. It is the highest Revenue Court in Uttar Pradesh., The decisions
of the Board of Revenue are binding, like the decisions of the High Court on all the revenue courts
The appeal against the decisions of the Board of Revenue shall not lie to the High Court under the
U.P. Land Revenue Act or under the U.p. Zamindari Abolition and Land Reforms Act.3 But under
Article 226 of our Constitution the High Court is empowered to issue orders or writ to any person
or authority including a tribunal. Thus the revenue cases are brought before the High Court under
'Article 226 of the Constitution.
Members of the Board of Revenue are appointed by the State Government from amongst the
Commissioners. Long before, for appointment of the members of the Board, the previous sanction
of the Governor-General was necessary, but now the sanction or approval of the President of India
or Central Government is not necessary. The State Government has power to appoint members of
the Board and no legislative sanction in respect thereof is necessary. Thus, the Board of Revenue is
now constituted of members of Indian Administrative Service Cadre of the State.
Seat or principal headquarters.-The Board of Revenue, unlike the High Court and the
Supreme Court which have been created by the Constitution, is a judicial body created by an
enactment namely the U.P. Land Revenue Act, 1901. While the seat of a High Court or the
Supreme Court is fixed by the Constitution, no seat of the Board of Revenue has been so fixed by
the Constitution or by an enactment. The U.P. Board of Revenue Act, 1922, which provides that
the jurisdiction of the Board will extend over the entire State of U.P. remained silent as to what
will be the seat or what will be the principal headquarters of the Board of Revenue. But the
territorial jurisdiction of the Board is and had continued to be over the Whole of Uttar Pradesh
irrespective of the fact that its principal seat, office or head-quarters is at Allahabad. Now it can
hold court at any district headquarters in the State .
The Board of Revenue, U.P. has never been designated as the Board of Revenue U.P. at
Allahabad. But it has functioned from its two offices, namely, Allahabad and Lucknow. Both
offices have been used for the transaction of its business. However, the transaction of business at
either of these two places has not restricted or confined the Board’s jurisdiction to hear, try and
decide revenue cases of various classes and Revenue Acts as either of the places in its jurisdiction
and the Board continued to hold the Circuit Courts at the various divisional headquarters right upto
1948. To say that the principal seat and headquarters of the Board is at Allahabad where alone it
can entertain, hear and decide the case under various Acts is absolutely untenable.
The business of the Board can be broadly categorised under two heads :-
(a) Administrative, and
Page 23 of 44 (2018-19)
(b) Judicial.
The administrative part consisted of the work like settlement, maintenance of land records,
realisation of land revenue and other miscellaneous dues, land acquisition, etc. This business was
supposed to be exercised by the Members of the Board posted at Lucknow and powers in this
regard still vested in the State in accordance with Section 10 of the U.P. Land Revenue Act. So far
as the judicial business was concerned it can be classified under three heads-
(a) Appellate,
(b) revisional, and
(c) pertaining to reviews.
Power to revision-Section 219.-The Board of Revenue has been placed as a director and
superintendent over the revenue officers and Revenue Courts. Section 219 of the U.P. Land
Revenue Act, empowers the Board to call for the record of any case (judicial or non-judicial)
decided by any subordinate court and if the subordinate court appears-
(a) to have exercised a jurisdiction not vested in it by law, or
(b) to have failed to exercise jurisdiction so vested, or
(c) to have acted in the exercise of jurisdiction illegally or with material irregularity,
the Board may pass such order as it thinks fit.
Power to make rules-Section 234 (1).-The Board may with the previous sanction of the State
Government, make rules consistent with this Act in respect of all or any of the following matters,
namely :-
(a) prescribing the duties of Tahsildars and Naib-Tahsildars and regulating their posting and
transfer and their appointment in temporary vacancies,
(b) prescribing the forms, contents, method of preparation, attestation and maintenance of the
record-of-rights and other records, maps, field-books, registers, and lists made or kept under this
Act and prescribing the kind of land, if any, in respect of which any such record need not be
prepared under Section 32;
(c) regulating the imposition of fines, under Section 38 for failure to notify successions and
transfer;
(d) regulating the costs which may be recovered in or in respect of any proceeding under this Act;
(e) regulating the procedure to be followed by any officer (or other person), who under any
provision of this Act is required or empowered to take action in any case or proceeding under this
Act;
Page 24 of 44 (2018-19)
(f) generally for the guidance of all persons in a case or proceeding under this Act, and for carrying
out the provisions of this Act in respect of such case or proceeding;
(g) regulating the issue of licences to person to act as petition-writers in the revenue courts, the
conduct of business by such persons and the scale of fees to be charged by them, and the
cancellation of such licences for breach of the terms and conditions thereof.
Power to transfer cases-Section 191.-The Board may transfer any case or proceeding arising
under the provisions of this Act, including a partition case, from any subordinate Revenue Court or
Revenue Officer to any other court, or officer competent to deal therewith.
Power to review-Section 220.-The settled principles of law is that every court has inherent
jurisdiction in law apart from statutory jurisdiction to correct any error committed by itself. This
power is based on legal maxim which is to the effect that no party shall suffer because of the fault
of the court or tribunal? But this principle has gone under drastic change in the Land Law. Under
the provisions of the U.P. Land Revenue Act no court other than the Board of Revenue has power
to review its own order or decision.
Page 25 of 44 (2018-19)
Q 10- What are the Boundary marks and boundary disputes? Discuss the procedure for the
settlement of boundary disputes under the U.P. Land Revenue Act. (Unit –IV)
BOUNDARY MARKS AND BOUNDARY DISPUTES
For the correct preparation and maintenance of land records the boundary marks play very
important role. One of the main papers maintained and kept by the lekhpal is "the List of Boundary
marks" or "Simadyotaka Chinhon ki Soochi". It is the duty of every tenure-holder to maintain and
keep in repair at his cost the permanent boundary marks lawfully erected on his fields. Likewise
the duty to maintain and keep in repair the boundary marks of the village lies on the Gaon Sabha
concerned.'
The word "boundary marks" includes every permanent marks' erected as boundary of a
field or village whether in connection with a survey or to define a disputed boundary. The cost of
maintaining all boundary marks falls on the tenure-holders and the Gaon Sabha, as the case may
be. The Supervisor Qanungo is required to examine at least one quarter of the boundary and survey
marks shown in the lekhpal's list. The Collector may at any time order a Gaon Sabha or tenure-
holder, as the case may be—
(a) to erect proper boundary marks on such village or field;
(b) to repair or renew in such form and nature as may be prescribed hi all boundary marks
lawfully erected therein.
Penalty for injury to, or removal of marks—Section 30.—Any person wilfully erasing,
removing, or damaging a boundary or survey mark may be prosecuted before the Collector. The
Collector may order such person to pay such sum not exceeding fifty rupees for each mark so
erased, removed or damaged as may be necessary to restore it. The Collector may award the
informer through whom the conviction was obtained. When such sum cannot be recovered, or if
the offender cannot be discovered, the Collector shall restore the mark and recover the cost thereof
from such of the tenure-holder or Gaon Sabha of terminus fields or villages, as the case may be, as
he thinks fit.
Settlement of Boundary Disputes—Section 41.—An application for 'the settlement of

boundary disputes should be made to the Assistant Collect-in-charge of the Sub-Division. Under
Section 227 (8) the Assistant Collect-in-charge of the Sub-Division is empowered to decide
dispute and pass order under Sections 40 and 41. The application for demarcation of boundaries
must be accompanied by a certified extract from the map and khasra on the basis of which
demarcation is sought.' On receiving the application, the Court shall send it to the Supervisor
Qanungo of the circle, through the Tahsildar for a preliminary report. In submitting his report the
Supervisor Qanungo shall show clearly the nature of the dispute and the points for determination
involved in it. On the receipt of Supervisor Qanungo's report, the Assistant Collector-in-charge of
the Sub-Division shall decide' :—
(1) whether a local enquiry with or without survey is necessary; and
Page 26 of 44 (2018-19)
(2) whether it can be carried out by the court itself, or by a subordinate Government
Official, i.e., whether the Qanungo or some superior Revenue Officer should be deputed for the
purpose or only a lekhpal or a partition amin will do.
The Court shall make arrangement for the supply of boundary pillars and the expenses shall
be realized from the parties. No order shall ordinarily be issued to the Government servant to carry
out the work until an amount sufficient in the opinion of the Court to cover fees and charges
leviable under Rules 405 and 407 of the Revenue Court Manual has been credited into the treasury
or deposited with the Court.
Assistant Collector-in-charge of the Sub-Division (or the Record Officer when the area is
under survey operations) has no jurisdiction to decide the question of title. The question of title is
to be determined by the Civil Court. All disputes regarding boundaries shall be decided, as far as
possible, on the basis of existing survey map; but if this is not possible, the boundaries shall be
fixed on the basis of actual possession. The existing survey map means the map of the last
settlement, and in case of a boundary dispute such map takes precedence over points of possession.
Where a tenure-holder makes an application for the settlement of boundary dispute alleging
that he is the bhumidhar of the plot whose boundaries have been removed by the defendant who
encroached upon his land by furthering the boundaries inside his field, the defendant cannot
successfully contest the application and plead that the applicant should file a fresh suit to eject him
under Section 209 of the U.P.Z.A. and L.R. Act, 1950.
Page 27 of 44 (2018-19)
Q.11 What are the rights of Bhumidhar with transferable rights? (Unit –III)
Ans. RIGHTS OF BHUMIDHAR WITH TRANSFERABLE RIGHTS
A bhumidhar with transferable rights has the following rights :
1. Use of Land.—A bhumidhar with transferable rights has the right to the exclusive
possession of all land and may use it for any purposes whatsoever.' The expression "for any
purposes whatsoever" means that such a bhumidhar may use his holding not only for purposes
connected with agriculture, horticulture or animal husbandry (which includes pisciculture and
poultry farming) but also for other purposes.
2. Right to get Declaration (Sec. 143).—Where a bhumidhar with transferable rights uses
his holding or part thereof for a purpose not connected with agriculture, horticulture or animal
husbandry which includes pisciculture and poultry farming, the Assistant Collector in-charge of
the sub-division may, suo motu or on application, make a declaration to that effect.' Where the
proceedings have been started by the Assistant Collector in-charge of the. sub-division on his own
motion, he shall issue notice to the bhumidhar concerned, or he shall give him an opportunity of
being heard before making such declaration.' If an application to get such declaration is made by a
bhumidhar, the Assistant Collector in-charge of the sub-division may cause enquiry being made
through Tahsildar or any other officer not below the rank of a Supervisor Kanungo, for the purpose
of satisfying himself that the bhumidhar's holding or a part thereof is really being used for a
purpose not connected with agriculture, horticulture or animal husbandry which includes
pisciculture or poultry farming. The enquiry shall be made on the spot. On receipt of the report of
the Tahsildar if the Assistant Collector-in-charge of the sub-division is satisfied that the said land
has not been used for purpose) connected with agriculture etc. he shall make a declaration to that
effect.
3. Right to transfer-- Subject to conditions contained in Chapter VIII of the Act, the
interest of a bhumidhar with transferable rights is transferable. A bhumidhar with transferable
rights can transfer his holding or any part of it. He may sell or bequeath it to any person. There is
no restriction on his right to sell or bequest. This right of transfer is available to all the bhumidhars
with transferable rights whether he be a female or a male, whether he is a Hindu or non-Hindu.'
whether the bhumidhari land is self-acquired or ancestral. In Ramii Dixit v. Bhrigunath,5 a widow
inherited some sir and khudkasht land from her husband, and on the abolition Zamindari the
became bhumidhar. She transferred that land by way of gift. The appellant challenged the transfer.
The supreme court held that she was at liberty to make an absolute gift of such property
uninhibited by the ordinary rules of Hindu Law.
4. Right of Exchange'- A bhumidhar may exchange his land with the land of any other
bhumidhar, or Gaon Sabha,5 or local authority (like Municipality, Town area or Notified area).
But the exchange must be voluntarily entered into by both the parties concerned. In Gangotri Singh
v. Gaon Sabha' : An application was filed by Gangotri Singh under Section 161 of the U.P.Z.A.
and L.R. Act seeking exchange of certain land belonging to himself-with other land belonging to
Page 28 of 44 (2018-19)
the Gaon Sabha. He claimed that the previous Collector of Mirzapur had given him an assurance
that he would be given the land in lieu of his own plot which he had permitted to be used for the
purpose of construction of Harijan Abadi.
The Gaon Sabha contested the application. But the Assistant Collector In charge of the.
Sub-Division passed order approving the exchange. The Additional Commissioner in appeal, set
aside the order of the lower court.
5. Right to bequest--A bhumidhar with transferable rights may by "Will" bequeath his
holding or any part thereof. The Will must be in writing, attested by two witnesses and registered.'
The competent authority for registration of document (Will, sale-deed, agreement etc.) is
Registrar/Sub-Registrar of the District. A Will is the legal declaration of the intention of a testator
with respect to his property which he desires to be carried into effect after his death. The Will is
not a transfer but a mode of the devolution.' Bhurnidhar with transferable rights may be male or
female.
7. Right of non-ejectment- Section 199 of the Act declares, No bhumidhar shall be • liable
to ejectment from his holding except as provided in this Act". Section 199 of the Act is the
smallest in size but declared the most important provision of law that the bhumidhar is immune
from ejectment. The provision of this section is not subject to the provision of any other section. It
means a bhumidhar cannot be ejected from his holding on any ground whatsoever. For example, if
a bhumidhar keeps his land vacant for a period of twenty years, he cannot be ejected. If he fails to
pay the land revenue, he cannot be ejected, although lo his holding can be sold in the realization of
the arrears of land revenue.
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Q12. Who is “Bhumidhar” with non-transferable rights? Discuss their powers in the
holding. (Unit –III)
Ans. Rights of Bhumidhar With Non-Transferable Rights
The bhumidhar with non-transferable rights is second main tenure-holder. He has right
inferior to bhumidhar with transferable rights and superior to asami. Under the Act he has the
following rights :
1. Use of Land
A bhumidhar with non-transferable rights shall have the right to the exclusive possession of
all land of which he is such bhumidhar and to use such land for any purpose connected with
agriculture , horticulture, social forestry and animal husbandry which includes pisciculture and
poultry farming.
The use of the words “for any purpose connected with agriculture……..” occurring in
Section 142 (2) reveals that a bhumidhar with non-transferable rights may use his holing not only
for growing crops, gardening, planning trees, husbanding animals, rearing fish or poultry farming,
but also for any purpose connected with agriculture, etc. What will be a purpose connected with
agriculture etc. will depend upon the fact and circumstance of each case. A bhumidhar with non-
transferable rights, however, may use his land for tethering of cattle, storing manure, keeping
fodder, storing cow-dung cakes, keeping khalihan and fixing of kolhu, as these are purpose
connected with agriculture or animal husbandry. If such bhumidhar digs a pond in his holding for
irrigation purpose, the land must be held to be used for agricultural purpose . similarly, purpose
would be deemed to be agriculture where a pasture land is used for feeding and rearing of the live
stock.
2. Right regarding transfer
The interest of a “bhumidhar with non non-transferable rights” is not transferable, but it is
hertitable and permanent. The state Government decided that the person who is holding the land
with non- transferable right of bhumidhar of bhumidhar, such person may have better right and
title in the land and may transfer in favour of other person, for achieving the purpose, an
amendment was introduced in the Act called U.P. Zamidari Abolition and Land Reforms Act 1995.
By the amendment new Section 131-B has been interested after section 131-A of the Act
and thus every person who is bhumidhar of non- transferable rights shall be bhumidhar with
transferable right if he has already completed ten years or more from the date of allotment of land
and other person, who have been allotted later on and has not completed the period of 10 years,
shall be bhumidhar after completion of the required period.
3. Right to exchange
A non-transferable bhumidhar may exchange his land with the land of any other
bhumidhar, or Gaon Sabha or local authority (like Municipality), Town area or Notified. Area.
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But the exchange must be voluntary entered into by both the parties concerned. In
Gangotri Singh v. Gaon Sabha.
An application was filed by Gangotri Singh under section 161 of the U.P.Z.A. and L.R. Act
seeking exchange of certain land belonging to himself with other land belonging to the Gaon
Sabha. He claimed that the previous Collector of Mirzapur had given him an assurance that he
would be given the land in lieu of his own plot which he had permitted to be used for the purpose
of contruction of Harijan Abadi.
The Gaon Sabha contested the application. But the Assistant Collector Incharge of the Sub-
Division passed order approving the exchange. The Additional Commissioner in appeal, set aside
the order of the lower court.
The Board of Revenue confirmed the decision of the Additional Commissioner, and held
that there is legally no exchange unless both parties agreed.
But the exchange cannot be made without taking the prior permission of the Assistant
Collector, First Class and violation of law for exchange does not confer legal rights to the parties
concerned.
An application for permission to make an exchange shall contain the following particulars
and be accompanied by the following documents:
(1) The khasra number of the plots which the applicant wishes to receive and of the
plot which he offers in exchange;
(2) Certified copies of the khatauni relating to the khatas in which all such plots are
included.
(3) A statement showing the details of any valid deed, mortgage or other encumbrances
with which the lands to be exchanged may be burdened together with the names and
addresses of lessees, mortgagees or holders of other encumbrances.
On the receipt of exchange application the Assistant Collector, First Class shall cause to be
calculated the rental value of the land proposed to be given in exchange and of the land proposed
to be received in exchange at hereditary rates and if he is satisfied that the difference between the
rental values does not exceed 10 per cent of the lower rental; value calculated at hereditary rates,
he shall issue notices to the other parties, the lessees, mortgagees, or holders of other
encumbrances, if any, to show cause why the exchange should not be made. Every such notice
shall be accompanied by a copy of the application which shall be supplied by the applicant.
The permission to grant exchange is at the discretion of the assistant collector, First Class.
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4. Right to sue for division
A non-transferable bhumidhar may sue for division of his holding. To every such suit Gaon
Sabha concerned shall be made a party. The suit shall be filed in the Revenue Court of Assistant
Collector, First Class.
Before the commencement of the U.P.Z.A. and L.R (Amendment) Act, 1956 (with
commenced on May 28, 1956), suit for division of holding was to lie in the civil court. The civil
court after ascertaining the title and share of the plaintiff, passed the preliminary decree and sent
the relevant papers to the Collector, for actual division. The actual division was to be made by the
Collector, and then the relevant papers were returned to civil court. The final decree was to be
drawn up by the civil court. There was unreasonable delay in such procedure. But this procedure
was changed by the U.P. Land Reforms (Amendment) Act, 1956 and section 176 was included in
Schedule II of the Act. Therefore, it is now the Revenue Court which has jurisdiction to entertain
such suit with effect from May 28, 1956. Now the preliminary as well as final decree has to be
passed by the Assistant Collector, First Class, and he shall also make the actual division of the
holding.
In the case of Bharat (Dead) through Legal Heirs v. Commissioner. Azamgarh, question raised
by writ petitioner was that between the same parties, second appeal is pending for disposal
regarding residential house with sahan land hence the fresh suit for partition of agriculture land
under Section 176 of the Act, cannot proceed in Revenue Court and same may be stayed.
The plea raised by petitioner was strongly contested and opposite party pointed out legal
position that subject-matter in both proceeding are substantially distinct in nature on the reason
that suit regarding the residential and sahan are governed by Hindu Law. Transfer of Property Act,
and other laws applicable to it and sustainable in Civil Court. While the partition suit for
agricultural land is maintainable in the court of Assistant Collector I class, under section 176 of the
act is a special code which provides procedure for the purpose aforesaid hence writ petition is not
maintainable on the ground alone.
Hearing the argument of the parties, at length Honable Court dismissed the writ petition
with above observation that both suits are not barred by Section 10 of CPC and shall be decided by
the competent courts having jurisdiction under the Act.
5. Right to surrender
This right or privilege is available to “bhumidhar with non- transferable rights” and asami.
It is never available to bhumidhar with transferable rights. An asami may surrender the whole of
his holding and not the part of it. But a bhumidhar with non- transferable rights may surrender his
holding or any part thereof. The application for surrender must be made to the Tahasildar and a
notice to the Land Management Committee before April 1 and the possession must be given up
before July 1, otherwise he shall notwithstanding the surrender, not be relieved from the land
revenue of the holding for the agriculture year next following the date of surrender.
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Q.13 Discuss in detail the provision relating to successions under U.P.Z.A. & L.R. Act.
(Unit –III)
Ans. Succession -The U.P. Zamindari Abolition and Land Reforms Act, 1950, has abolished the
religion from the sphere of land law. Now the tenancy shall be devolved in accordance with the
law contained under sections 169 to 175 of the Act, whether the tenure-holder is a Hindu, Muslim,
Christian, or the follower of any other religion. The personal law of the tenure-holder stands
superseded by the statutory law of succession. Since U.P.Z.A and L.R. Act, 1950, is a special law,
hence an uniform rule of succession applies to all the tenure-holders, whether they are bhumidhar
or asami. The concept of coparcenary property and son’s right by birth in the ancestral property
have not been recognized by the provisions of the U.P.Z.A and L.A. Act. Thought the religion has
been abolished from the sphere of land law, yet the sex has been retained. If the deceased was a
male, the devolution shall be in accordance with the principle contained under section 171; if on
the other hand , the deceased was a female, the succession will be as laid down under section 172
and 174. If is made clear that apart from the agriculture holding succession over all other
properties of deceased will be governed under his personal law along with other prevailing laws at
the time.
Section 171- General order of succession.-1. Subject to the provisions of Section 169, when a
bhumidhar or asami, being a male dies, his interest in his holding shall devolve upon his heirs
being relatives, specified in sub-section (2) in accordance with the following principle :-
1. all specified heirs in any one clause of sub-section (2) shall take simultaneously in equal shares;
2.the specified heirs in any preceding clause of sub-section (2) shall take to the exclusion of all
heirs specified in succeeding clause that is to say, those in clause (a) shall be preferred to those in
clause (b), those in clause (b) shall be preferred to those in clause (c), and so on, in succession.
3. if there are more windows than one of bhumidhar or asami or any pre-deceased make lineal
descendant, who would have been an heir, if alive, all such windows together shall get one share;
4. the window or widowed mother or the father’s widowed mother or the widow of any
predeceased male lineal descendant, who would have been an heir, if alive, shall inherit only if she
has not remarried.
(2) The following relatives of the male bhumidhar or asami, are heirs subject to the provisions of
sub-section (1) namely-
(a). widow and unmarried daughter and the male lineal descendant per stripes; provided that
widow and son of a predeceased son how low soever per stripes shall inherit the share which
would have developed upon the predeceased son had he been alive;
(b) mother and father;
(c) married daughter;
Page 33 of 44 (2018-19)
(d) brother and (unmarried sister) being respectively the son and the daughter of the same father as
the deceased; and son of a predeceased brother, the predeceased brother having been son of the
same father as the deceased;
(e) son’s daughter;
(f) father’s mother and father’s father;
(g) daughter’s son
(h) married sister
(i) half sister, being the daughter of the same father as the deceased;
(j) sister’s son
(k) half sister’s son, the sister having been the daughter of the same father as the deceased;
(l) brother’s son’s son
(m) mother’s mother’s son
(n) father’s father’s son’s son
To clarify the general rule of succession and division of sharing among the legal heirs as per
section 171, the following is given below-
Succession as per stripes Illustration (a)
(Deceased tenure-holder)
A B C
X D
F G
Page 34 of 44 (2018-19)
In the diagram, P dies leaving A, X and F and G. now will take 1/3 share, X will take 1/3
share, F and G will jointly take 1/3 share which would have been taken by their grandfather C, that
is F will get 1/6 and G will get 1/6. The succession here is per stripes as per clause (i) of section
171 (1) of the Act. Had it been per capita. A, X, F and G, each must have taken 1/4 th share in equal
proportion.
Females Interest Inherited From A Male- Sec. 172 (1)
When a male tenure-holder dies, his interest in the holding shall devolve amongst the
fifteen categories of heirs. These heirs shall get succession in order of preference. In the presence
of first category heirs, the heirs of second or other category are not entitled. Similarly , the heirs of
second category will exclude the heirs of the third category and so on and so forth. Among the
fifteen categories of heirs mentioned under section 171, female heirs are ten in number viz.-
Widowed mother
Widow
Male lineal descendant’s widow,
Unmarried daughter
Married daughter,
Unmarried full sister,
Married full sister,
Half sister (step sister)
Son’s daughter and
Father mother.
Section 171 does not provide what shall be the nature of female interest inherited from a male. But
section 172 (1) expressly mentions her estate as limited one. But the limited estate contemplated
by Section 172 (1) is not the same as it was enshrined in the orthobox Hindu law. Her estate is
limited in the sense that-
“on her death, remarriage, abandonment or surrender, the holding shall devolve not upon
her heirs, but upon the heirs of the last male tenure-holding to whom the female had herself
succeeded.
Problem (a)
D-1 D-2
S-1 S-2
GS
Page 35 of 44 (2018-19)
A, a male tenure-holder dies on 30-06-2007 surviving his married daughter D-1 and his
predeceased son’s daughter S-2. What would to the position of heirs to succeed the landed
property.?
The position is very clear that per latest position the married daughter has been placed at serial no.
4 and son’s daughter at serial no. 9. Under Section 172 (1) of the Act, hence in order of preference
the married daughter will replace to the remoter son’s daughter and inherit the land.
Succession to a Female Holding an Interest Otherwise- Section 174
Where a tenure-holder is a female and has not inherited the land from a male, on her death
the landed property (holding) shall devolve in accordance with the provisions contained under
section 174, and not under section 172 (1) of the Act. In other words, where a female purchases
some holding herself or acquires land by gift or even adverse possession, her heir shall succeed on
her death. She is a fresh stock of descent like male, tenure-holder. In the case of Smt. Mainia v.
Dy. Director, Consolidation, the Supreme Court held that when a widow inherited the holding
from her husband and re-marries, she losses her right to the inherited holding, and if a suit to eject
her is not filed within the limitation period, she becomes fresh stock of descent and on her death
the holding devolves upon her son born re-marriage.
In Smt. Phool Kunwar v. Dy Director, Consolidation, it was held that the land gifted by the
father-in-law to the daughter-in-law will be governed by the provisions of Section 174 of the Act.
The heirs mentioned in order of preference are the following-
(a) son
Son of a predeceased son,
Son of a predeceased son of a predeceased son,
Son’s widow who has not remarried and unmarried daughter,
Son’s son’s widow who has not remarried otherwise she will be excluded after remarriage,
The succession shall be
(i) per stripes and
(ii) in equal share.
(b) husband
(c) married daughter
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All the daughter, whether married, or unmarried, are entitled to inherit in equal shares and
simultaneously. The unmarried daughter has no preference over the married one;
(d) daughter’s son;
(e) father;
(f) mother;
(g) brother;
(h) brother’s son;
(i) sister and
(j) sister’s son.
It is notable that the heirs under section 174 will be full owners, whether they are male or female.
Amongst daughters or sisters there is no difference between married and unmarried. Consequently
if a female dies leaving two daughters, one unmarried and the other married, then both will
succeed in equal proportion. The unmarried daughter will not be divested of her estate on marriage
but the estate will remain with her whether she marries or not.
Illustration (i)
A female purchased some bhumidhari land and dies intestate in 1994 leaving her husband
and her brother. The husband alone with succeed, because he is in the second category in order of
preference enumerated in section 174 whereas the brother is in the seventh.
Illustration (ii)
A female asami dies surviving her husband, son and daughter. Only the son will get the
estate. The husband and daughter will not get any share. Because, in order of preference
enumerated in section 174, the son comes in the first, the husband is the second and the daughter is
the third.
Passing of Interest by Survivorship – Section 175
The rule of survivorship has been abolished except in two cases expressly provided by
Section 175. In the case of a co-widow or a co-tenure-holder, who dies leaving no heir entitled to
succeed under the provisions of this Act, the interest in such holding shall pass by survivorship.
The applicability of this provision couched in general and wide words are, however conditioned by
the use of word “leaving no heir entitled to succeed”. That means if one of the co-widow is
survived by personal heirs, such heirs being mentioned in section 174 of the Act, then the rule of
survivorship does not apply. But when the property shall devolve on whom the personal heirs or
heirs of last male tenant? The section is silent.
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In Shri Ram v. State of U.P., Mewa Lal and Shri ram were recorded con-tenure holder in equal
shares. Mewa Lal dies in 1970 leaving no heir entitled to succeed under section 171 of the Act.
The Allahabad High Court held that the petitioner became sole tenure-holder after the death of
Mewa Lal by survivorship and the suit-land will not be escheat to the State of Uttar Pradesh.
Q.14 Who is Asami? What are the rights of asami? (Unit –III)
Ans. The asami is the most inferior tenure-holder in our land tenure system. The interest of
asami in land is neither permanent nor transferable. His interest is heritable only. He is actually a
sub-tenant or shikmi kashtakar to whom the land has been let by a disabled bhumidhar. Where a
person is admitted on land mentioned under Section 132, in which bhumidhari rights cannot be
acquired, he also becomes an asami of the Gaon Sabha under Rule 176- A of Rules, 1953 for
maximum period of 5 years and after the expiry of said period asami has no lien to retain the land.
In short, rights of an asami are as follows :—
1. Right to use the land—Section 146 An asami has, subject to the provisions of the Act,
right to the exclusive possession of all land comprised in his holding and use such land for any
purpose connected with agriculture, horticulture, animal husbandry, pisciculture or poultry farming
:
Provided that any land which is declared by the State Government by notification in the
Gazette to be intended or set apart for taungya plantation cannot be used by the asami thereof
except for purposes of growing agricultural crops.
An asami may use his land (except the land of taungya plantation) for tethering of cattle,
storing manure, keeping fodder, storing cow-dung-cakes, keeping khalihans and fixing kolhu, as
these are purposes connected with agriculture or animal husbandry.
Consequences of unauthorised use :
(1) Ejectment'—An asami is liable to ejectment on the suit of landholder for using land for
any purpose other than a purpose connected with agriculture, horticulture, animal husbandry,
pisciculture or poultry farming. In addition to the ejectment, he may be required to pay damages
equivalent to the cost of works which may be required to render the land capable of use for the said
purpose.
(2) Abandonment.—Where an asami has not used his holding for a purpose connected
with agriculture, horticulture, animal husbandry, pisciculture or poultry farming for two
consecutive agricultural years, the land may be declared by the Tahsildar as abandoned land.
Page 38 of 44 (2018-19)
2. Right to let the land
Ordinarily an asami cannot let his holding, but if he is an allottee of intermediary's sir or
khodkasht land in lieu of maintenance allowance, and he comes under disabled persons of Section
157 (1), he can let out his land., such lessee shall be asami of an asami (i.e, dar-asami).
Section 156 enables an asami to let his holding, for any period whatsoever to a recognised
educational institution for a purpose connected with instruction in agriculture, horticulture or
animal husbandry. Here noteable point is that asami's interest is temporary, it lasts only for the
period mentioned in the lease.
3. Right to surrender
An asami may surrender the whole of his holding but not any part thereof by giving a
notice in writing to the Land Management Committee before the first day of April, if he is an
asami of the Gaon Sabha. If he is an asami of a bhumidhar the notice must be given before 1st of
April to the landholder (i.e., to the tenant-in-chief). The possession must be given up before 1st of
July. If the notice is not given before April 1, he shall not be relieved from the payment of rent of
the holding for the agricultural year next following the date of surrender)
4. Right to crops and trees on ejectment or extinction of interest
On ejectment or on extinction of the interest an asami ordinarily has rights to remove the
standing crops and any construction existing on the holding. Section 203 provides the effect of
ejectment. What will become of the ungathered crops or trees which are the property of the
judgment-debtor? The court executing the decree or order shall assess the value of the standing
crops and trees. The amount of compensation fixed by the court shall be set-off against the arrears
of rent, amount of costs or any other amount due from the judgment-debtor. If there is any excess
left, the Gaon Sabha or landholder, as the case may be, will have the option to pay the same to the
judgment-debtor.
5. Acquisition of bhumidhar with non-transferable rights
Section 204 of the Act provides that when an asami is no more entitled to hold the land or
when the period of his lease has expired, the landholder must file a suit to eject the asami. If a suit
for ejectment of such asami is not instituted or a decree obtained in such suit is not executed within
the period of limitation prescribed therefore, the asami shall, on the expiry of the limitation period,
become a bhumidhar with non-transferable rights of the land held by him.
6. Rights regarding rent
(i) Rent not to be varied.'—Rent payable by an asami shall not be varied except in case of
decrease or increase in the area of the holding. In the absence of a contract to the contrary the rent
shall be payable in two equal installments on November 15 and May 15 of the agricultural year in
respect of which rent is 'due.
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(ii) Suit for fixation of rent.—An asami, on being admitted to the occupation of land, shall
be liable to pay such rent as may be agreed upon between him and his land-holder or the Gaon
Sabha, as the case may be. Where rent has not been fixed, the asami or the landholder may institute
a suit for fixation of rent. The rent shall be fixed at twice the amount calculated at hereditary rates
applicable to land.
(iii) Commutation of rent.'—Where the rent is payable in kind or on estimate or

appraisement of the standing crop or on rate varying with crops sown or partly in one of such ways
and partly in another or other of such ways, the Assistant Collector in-charge of the Sub-Division
may at his own instance and shall at the instance of the Gaon Sabha or landholder or asami,
commute the rent.
Q15. Short Notes-
(a) Gram Panchayat (Unit –III)
19. Gram Panchayat -Gram Panchayat is defined under Section 2(h) of U.P. Panchayat Raj Act and
established under Section 12 of the Act. Every Gram Panchayat is a body corporate. After the
amendment in Panchayat Raj Act vide U.P. Act No. 9 of 1994, every Gram Panchayat shall consist
of a Pradhan for the Panchayat area having the Population of-
(i) one thousand--nine members;
(ii) more than one thousand but not above two thousand-eleven members;
(iii) more than two thousand but not more than three thousand - thirteen members;
(iv) more than three thousand-fifteen members shall be elected directly by the persons registered in
the electoral rolls of the territorial constituency of the Gram Panchayat.
It may noted that for the purposes of election of members of Gram Panchayat area shall be
divided into territorial constituencies in such manner that the ratio between the population of each
constituency and number of seats allotted to it shall be throughout the Panchayat area.
The term of each Gram Panchayat shall be five years unless dissolved earlier. It is necessary
that before the expiry of prescribed period of 6 months of Gram Panchayat, election shall be
completed. Provided that where the remainder of the period for which the dissolved Gram
Panchayat would have continued is less than six months; it shall not be necessary to hold the fresh
election. But in case of dissolved Gram Panchayat for the remaining period the same Gram
Panchayat shall continue treating that it had not been so dissolved. The term of the members of the
Gram Panchayat shall be counted from the constitution of Gram Panchayat and shall expire after
its dissolution.
In every Gram Panchayat, seats shall be reserved for the scheduled castes, scheduled tribes
and the other Backward classes and the number of seats so reserved shall, as nearly as may be,
Page 40 of 44 (2018-19)
bear the same proportion to the total number of seats in the Gram Panchayat, as the population of
Scheduled Castes in the Panchayat area or of the Scheduled Tribes in the Panchayat area or of the
Backward classes in the Panchayat area bears to the total population of such area and such seats
may be allotted by rotation manner to different territorial constituencies of the Panchayat in the
order of reservation policy. It may be clarified that for the Backward classes reservation shall not
exceed 27% of the total number of seats and in the same manner not less than 1/3A of the seats
reserved for women belonging to the Scheduled Castes, Scheduled Tribes and Backward Classes
respectively
(b) Sir Land (Unit –I)
40 -Sir Land. -"Sir" means ‘own’. Sir-land referred to the home-farm or land which the Zamindar
held directly in his own management, either cultivating it by himself, or by his farm-servants or
personal tenants. The word "sir" has not been defined by the U.RZ.A. and L.R. Act. The former
enactments also do not define the term "sir" but enumerate what lands are sir lands. For example,
Section 6 of the U.R Tenancy Act, 1939 provides:-
“ ‘Sir’ means-
(a) land which immediately before the beginning of this Act was sir under the provisions of the A
ct, 1926 or the Avadh Rent Act, 1886;
(b) land which was khudkasht, and which is demarcated as sir under the provisions of this Act."
There were certain privileges connected with the sir, viz.
(i) Sir land retained its character and remained as such even after letting to tenants. The proposition
was "once a sir always a sir". Once a piece of land recorded as sir land, it would be continued as
such whether the Zamindar cultivated it himself or let it to tenants. How paradox it was! Sir means
land in one’s own cultivation, but it remains sir (in one’s own cultivation) even on letting to others.
(ii) When the sir land was let to tenant the occupancy right could not be created in favour of the
tenant even if he cultivated it for a continuous period of twelve years. The cultivator of sir land
remained always a non-occupancy tenant. He could not acquire the privilege of occupancy or
hereditary tenant which a tenant could acquire in non-sir land.
(iii) Falling on bad days when Zamindar had to transfer his proprietary interest in land, he could
retain his sir, let or unlet, on a tenant right, and was called ex-proprietary tenant of those sir lands.
The ex-proprietary tenant paid rent 121/2 per-cent. Less than the other hereditary tenants of the
area.
Because of special privileges attaching to sir land, Zamindars always tried to increase their
area and occupy the best land of the village. But the extension of sir area was incompatible with
the aim of giving security of tenure to cultivators. Therefore, legislature always came forward and
Page 41 of 44 (2018-19)
made restriction on the extension of sir land. 'I‘he N.W.P. and Avadh Land Revenue Act, 1901
(now U.P. Land Revenue Act, 1901), prevented the acquisition of sir rights by continuous
cultivation as khudkasht for 12 years. This measure was vehemently attacked by the Zamindars
who as usual opposed any reform which aimed at the protection of cultivators. The Agra Tenancy
Act, 1926, and the Avadh Rent (Amendment) Act, 1921, were aimed at compromise. The two
enactments in their respective provinces provided that the Zamindars could acquire new sir by
continuous cultivation for 10 years and demarcated _as sir. The U.P. Tenancy Act, 1939 prohibited
the accrual of new sir, and the existing sir was also lessened. Under the Uttar Pradesh Zamindari
Abolition and Land Reforms Act, every Zamindar became bhumidhar of his unlet sir. Under
certain circumstances he became bhumidhar of his let sir as well.
(c) EJECTMENT OF TENURE HOLDERS FROM LAND OF PUBLIC UTILITY
(Unit –III)
Section 212 of the U.P. Zamindari Abolition and Land Reforms Act provides for the
ejectment of persons from land of public utility. Such person may be either a tenure-holder
(bhumidhar or asami) or a trespasser.' In order to eject a person under Section 212, following
conditions must be fulfilled :—
(1) The person must have been admitted as a tenure-holder or grove-holder, or he was an
intermediary who had planted a grove upon the land or brought the land under his own cultivation.
(2) Such admission, cultivation or plantation upon land was made on or after 8th August,
1946, the date on which the U.P. Legislative Assembly passed a resolution for the Abolition of
Zamindari in our State.
(3) The admission, cultivation, or plantation must have been on land which was recorded as
or was customary common pasture land, cremation or burial ground, tank or pond, pathway, or
khalihan.
(4) The suit for ejectment must have been filed within 10 years from the date of vesting.'
The above four conditions are sine qua non. If any one is not satisfied the provision of
Section 212 shall not be applied. One of the conditions for the application of the provisions of
Section 212 is that the suit for ejectment must be filed within the limitation period of ten years
from the date of vesting.
Procedure for ejectment.—Ordinarily the suit for ejectment must be file y the Gaon
Sabha in the Revenue Court of Collector.2 But Section 212-A provides a summary procedure for
ejectment of persons from land of public utility. Under this Section 212-A, an application for
ejectment may be made to the Collector by the Chairman, or Secretary (i.e., Lekhpal), or any
Page 42 of 44 (2018-19)
member, of the Land Management Committee. If the Collector is satisfied from the contents of the
application that there is sufficient ground for proceeding, he shall give a notice to the person
against whom the application is directed to show cause why an order of ejectment be not made
against him. In case of no contest, the Collector could make an order of ejectment. But if a contest
is raised by filing objections, then the Collector after hearing the parties, has to satisfy himself that
the person was admitted as a tenure or grove-holder of the land or he was an intermediary who
himself brought the land under cultivation or planted grove, on or after August 8, 1946. The
tenure-holder, in every case shall get compensation, whether he is ejected under Section 212 or
under Section 212-A.
Section 212 and Section 212-A.—Compared.—There are various points of similarities

between the two sections. They relate to the same lands of public utility, and deal with the
ejectment of occupants of such lands. It is the same officer before whom a suit could be filed under
Section 212 who is to decide the case under Section 212-A. The distinctions are the following :—
(1) A regular suit under Section 212 has to be filed, while under Section 212-A mere
application for eviction is to be made.
(2) Under Section 212 the suit has to be filed by the Gaon Sabha, while under Section 212-
A the application may be made by the Chairman, or Secretary, or any member of the Land
Management Committee.
(3) Under Section 212 an appeal shall lie to the Commissioner against the decision of the
Collector, and a second appeal to the Board of Revenue. No appeal or revision lies in case of
ejectment under Section 212-A.
(4) Provisions of Section 212-A are without prejudice to the provisions of Section 212.
(d) Estate (Unit –I)
"Estate" means Zamindari land taluya or part thereof. Prior to the coming into operation of
the U.P. Zamindari Abolition and Land Reforms Act, there were two records-of rights maintained.
One was khatauni and the other was khewat. Khewat was a register of proprietorship. It recorded
entries pertaining to proprietorship of mahal. The other was khatauni a register of all persons
cultivating or otherwise occupying land.
Section 3 (8) of the U.P. Zamindari Abolition and Land Reforms Act defines that "estate"
means and shall be deemed to have always meant the area—
(a) as it relates to a permanent tenure-holder in khatauni, or
(b) which was mentioned in a khewat, the register of proprietorship, or
(c) which was neither mentioned in khatauni nor in khewat, but which was entered in a
similar register described in or prepared or maintained under any other Act, Rule, Regulation or
Page 43 of 44 (2018-19)
Order relating to the preparation, or maintenance of record-of-rights in force at any time, and
includes share in or of an "Estate".
"Estate" was the property held by Zamindars before the abolition of Zamindari. Even a plot
separately recorded in the name of the Zamindar as his sir or khudkasht land was estate within the
meaning of the definition of "estate" under Section 3 (8).
(e) Interme diary (Unit –I)
Intermediary means middleman, i.e., a person between the cultivator and the State. Zamindar,
Talugdar, Jagirdar, etc., several words are used for intermediary. Intermediaries collected rents
from the tenants and paid some portion of it to the Government in the shape of land revenue.
Zamindars were tax gatherers non-cultivating but owners of land. Under the U.P. Zamindari
Abolition and Land Reforms Act, intermediary with reference to any estate means a- proprietor of
such estate or a part thereof.
Proprietor.—It means an owner of an estate. The word as defined in the U.P. Zamindari
Abolition and Land Reforms Ace means not only the owner, but also a trustee, in whom the
property vested for the purposes of the trust.
The main incidents of proprietary rights are generally as follows :
(i) The right to engage either personally or through a representative with the State for the
payment of land revenue.
(ii) A permanent, heritable and transferable right in land.
(iii) Right to use the land for agricultural or non-agricultural purposes or to keep it vacant.
(iv) Right to let out the land for any period and to realise rent.
(v) The right to eject the tenant who failed to pay rent or misused the land for purposes
other than those for which it was •et for transferred or sublet it against the provisions of law.
Page 44 of 44 (2018-19)

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Land Laws (English) 2018

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(B.A.LL.B.VII/B.B.A.LL.B. VII/LL.B.

V) Semester – Subject-Land Laws

1- Acquisition of interest of Intermediteries and its consequences.

1- Classes of Land Tenure Holders and their Rights

(2) Payment of compensation.-The Act is not confiscatory in nature. All Zamindars

(3) Payment of Rehabilitation grant. - In addition to the compensation, there is provision

(5) Land-tenure-system simplified.- Prior to the enforcement of the U.P. Zamindari

Q.2 What are the Consequences of the Acquisition of interest of

Ans. ACQUISITION OF THE INTERESTS OF INTERMEDIARIES AND ITS

(A) CONSEQUENCES OF VESTING

2. Grants and confirmation of titles—All grants and confirmation of title to land in an

i. arrears of land revenue, cesses, etc.

v. amount due under the Agriculture Loans Act, 1884.

6. Mortgagee in possession of an estate.—The existing possessory mortgage of an estate

(a) appointment of Lambardary,

(b) partition or union of nwhals,

(c) suits for the termination of a theka,

(d) suits for the ejectment of a tenant.

Ans.- LAND MANAGEMENT COMMITTEE

Functions and duties of the Land Management Committee

(1) the setting and management of the land;

(3) the development and improvement of agriculture;

(4) the preservation, maintenance and development of forest and trees;

(6) the management of hats, bazars and melas;

(7) the development of cottage industries; .

(8) the maintenance and development of fisheries and tanks;

(9) the consolidation of holdings; and

(10) such other matters as may be prescribed.

Powers of Land Management Committee.-The Land Management Committee

(1)Powers to admit persons in land.-With the previous approval of the Assistant

(2) Power to eject trespasser and recover compensation for damage or

(b) when a bhumidhar with non-transferable rights dies heirless;

(e) when an asami of Gaon Sabha is ejected or dies heirless.

Ans. EJECTMENT OF A TRESPASSER

he shall be liable to be ejected-

from the holding of a bhumidhar on the suit of the bhumidhar;

from the holding of an asami on the suit of the asami; or

and, shall be also liable to pay damages.

If the trespassed land belong to a bhumidhar or asami, the tenure-holder concerned

1. Writ of demand-Section 280.-The writ of demand or citiation to appear is issued by the

3. A member belonging to the Defence Forces of India.

2. Tools of village artisans, agricultural implements and seed grains.

4. Articles of worship, such as metal statue, bell, bowl and mrigchhala.

(iii) The lease cannot be granted to defaulter.

(iv) The deposit of arrears is a condition precedent to the grant of lease.

(i) The holding must have been properly attached.

The change in the possession may occur in two ways-

Mutation on ground of succession

(e) the revenue or the rent of the land acquired.

(a) the name of the village Where the land is situate;

(c) the date on Which the land was acquired;

(d) the rent or revenue payable on the land; A

(e) the date on which the proclamation is issued;

Ans. COMPENSATION AND REHABILITATION GRANT

(i) Should Zamindars be paid any compensation at all?

Should Zamindars be paid any compensation at all?-The arguments advanced in

COMPENSATION UNDER THE ACT

Assessment of Compensation.-It shall be made by the Compensation Officer in the following

But in the case of a joint Hindu family-

(3) If the ex-intermediary is a wakf, trust or an endowment established for religious or

Amount of the Rehabilitation grant

Distinction between compensation and Rehabilitation grant

(i) the tenant must cease to cultivate, and

Consequences of abandonment.-On abandonment,