Bihar Tenancy Act, 1885 – Detailed LLB Notes
Chapter V – Occupancy Raiyats (Sections 19–37)
1. Continuation of Existing Occupancy Rights (Sec. 19)
• All raiyats who had occupancy rights before the Act retain their rights after its enforcement.
2. Definition of Settled Raiyat (Sec. 20)
• A person who holds land as raiyat in a village for 12 continuous years becomes a Settled Raiyat.
• This includes continuous possession by heirs and changes in land within the village.
3. Right to Occupancy (Sec. 21)
• Settled raiyats automatically gain occupancy rights in all lands they hold as raiyat in the village.
4. Settlement of Bakasht Lands (Sec. 21A)
• Bakasht land: cultivated land not part of landlord’s private land.
• Settlement rules:
• Prefer village residents.
• Rent must not exceed 10% of local comparable land rent.
• Premium (salami) limited to 10x rent or purchase price.
5. Use of Land by Raiyat (Sec. 23)
• Free use unless land is harmed or made unfit for agriculture.
• Permitted without permission:
• Bricks/tiles for home/agriculture.
• Tanks/wells for domestic/religious use.
• Residential/agricultural buildings.
• Other uses need Collector’s permission.
• Rent may be revised up to 5% of market value.
• Post-facto permission allowed with double rent.
6. Rights in Trees (Sec. 23A)
• Full rights to plant, cut, and use trees.
• If rent is paid in kind, landlord and raiyat share produce.
7. Duty to Pay Rent (Sec. 24)
• Occupancy raiyats must pay fair and equitable rent.
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8. Protection from Eviction (Sec. 25)
• Can’t be evicted except:
• If land is misused.
• If contract terms consistent with the Act are breached.
9. Partition and Rent Division (Sec. 25A)
• After lawful partition, rent can be distributed.
• Landlord to be notified. Dispute settled by Collector.
10. Succession of Occupancy Rights (Sec. 26)
• Occupancy right devolves like immovable property.
• If no heir, right extinguished.
11. Transfer of Occupancy Holding (Sec. 26A–26O)
• Transfer allowed by registered instrument.
• Landlord’s transfer fee to be paid.
• Transfers before 1923 need no fee.
12. Fair Rent Presumption (Sec. 27)
• Existing rent presumed fair until proven otherwise.
13. Enhancement of Rent (Secs. 28–37)
By Contract (Sec. 29): - Must be written and registered. - Cannot exceed 2 annas/rupee (12.5%). - Binding
for 15 years.
By Suit (Sec. 30): - Grounds: - Rise in food prices. - Landlord’s improvement. - Fluvial action.
Rules for Enhancement: - Sec. 32: Price rise must be based on 10-year average. - Sec. 33: Improvements
must be registered. - Sec. 34: Only permanent increase from fluvial action considered. - Sec. 35: All
enhancement must be fair. - Sec. 36: Gradual increase over 5 years allowed. - Sec. 37: No new suit within 15
years of last enhancement.
Chapter VI – Non-Occupancy Raiyats (Sections 41–47)
1. Applicability (Sec. 41)
• Covers tenants without occupancy rights.
2. Initial Rent (Sec. 42)
• Fixed by agreement. If absent, by local prevailing rate.
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3. Enhancement Conditions (Sec. 43)
• Only allowed by registered agreement or Sec. 46.
4. Ejectment Grounds (Sec. 44)
• Non-payment of rent.
• Misuse of land.
• Breach of contract.
5. Lease Expiry (Sec. 45)
• Can be evicted if lease ends and not renewed.
6. Refusal of Enhanced Rent (Sec. 46)
• Landlord files agreement.
• Notice served to raiyat.
• If not accepted in 3 months, eviction allowed.
7. Admitted to Occupation (Sec. 47)
• Tenant deemed admitted if knowingly allowed by landlord.
Chapter VII – Under-Raiyats (Sections 48–49A)
1. Meaning
• Tenant holding under a raiyat.
2. Rent Limit (Sec. 48)
• Raiyat can’t charge more than what he pays to landlord unless special conditions exist.
3. Rent in Produce (Sec. 48A)
• Share of produce must be reasonable.
4. Restriction on Rent Forms (Sec. 48B)
• No exploitative forms allowed (e.g., rent in share of gross produce).
5. Occupancy Right by 12 Years' Possession (Sec. 48C)
• Continuous holding for 12 years gives occupancy right.
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6. Right to Raiyati Status (Sec. 48D)
• Under-raiyat may become raiyat if landlord’s interest ends.
7. Protection from Ejectment (Sec. 48E)
• Can seek court protection or restoration if illegally evicted.
8. Appeal (Sec. 48F)
• Appeal allowed in rent, ejectment, possession cases.
9. Ejectment Without Occupancy Right (Sec. 49)
• Non-payment of rent, misuse, expiry of lease, breach of agreement.
• Ejectment must follow legal process.
Chapter VIII – General Provisions as to Rent (Sections 50–75)
1. Fixity and Presumptions about Rent (Sec. 50–51)
• Rent is presumed fixed unless shown otherwise.
• Conditions of holding presumed unchanged unless proven.
2. Area-Based Alteration of Rent (Sec. 52)
• If land area changes (e.g., through survey or measurement), rent can be altered accordingly.
3. Natural Causes – Diluvion (Sec. 52A–52B)
• Sec. 52A: If land is lost by river action (diluvion), rent must be abated.
• Sec. 52B: If tenant is dispossessed without fault, no rent for that period.
4. Installments and Timing (Sec. 53–54)
• Rent payable in equal installments.
• State Government may notify due dates.
• Payment to be made at landlord’s residence or stated place.
5. Receipts & Statements (Sec. 56–58)
• Tenants entitled to:
• Receipt for each payment.
• Year-end account statement.
• Penalty for landlord if he refuses receipts.
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6. Deposit of Rent in Court (Sec. 61–64)
• If landlord refuses rent, tenant can deposit it in court.
• Court gives valid receipt.
• Landlord notified of deposit.
• Refund possible if deposit wrongfully made.
7. Default & Consequences (Sec. 65–68)
• Sec. 65: For permanent/occupancy holdings, land can be sold for rent arrears.
• Sec. 66: Other tenants may be ejected for non-payment.
• Sec. 67: Interest chargeable on arrears.
• Sec. 68: Court may award damages if payment withheld without cause.
8. Measurement, Apportionment & Misc. (Sec. 69–75)
• Sec. 69–70: Officer may divide produce where produce-rent is agreed.
• Sec. 71–72: Tenant not liable for paying rent to a transferee unless notified.
• Sec. 73: On transfer of holding, both old and new tenants share rent liability.
• Sec. 74: Abwabs (illegal extra demands) are prohibited.
• Sec. 75: Penalty for landlords demanding illegal exactions.
