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Bar News Acts League

Rajasthan Tenancy Act, 1955

Act ID: 1955

Rajasthan Tenancy Act, 1955

"Full text of Rajasthan Tenancy Act, 1955"

Table of Contents

286 Sections

Ch.

Sections

S.1Short title, extent and commencement S.2Omitted S.3Repeal S.4Omitted S.5Definitions S.6Possessors of rights, etc. include their predecessors and Successors S.7Applicability of the Act to State Government S.8Power to act through agent S.9Khudkasht right S.10Succession and transfer S.11Restriction on letting of Khudkasht S.12Extinction of Khudkasht right S.13Khatedari rights upon resumption or abolition S.14Classes of tenants S.15Khatedar tenants S.15AKhatedari rights not to accrue in Indira Gandhi Canal Area S.15AANon-accrual of Khatedari rights in Chambal Project Area in certain cases S.15AAAAccrual of Khatedari Rights in the Indira Gandhi Canal area S.15BKhatedar tenants in Abu, Ajmer & Sunel areas S.16Land in which Khatedari rights shall not accrue S.16ATenants of Khudkasht S.17Ghair Khatedari tenant S.17AMaliks S.18Omitted S.19Conferment of rights on certain tenants of Khudkasht and sub tenants S.20Submission of claims for compensation S.21Omitted S.22Omitted S.23Compensation for Khatedari Rights S.24Compensation for Rights in improvements S.25Computation of share of compensation in lieu of Nalbat S.26Composition of Compensation S.27Mode of Payment of Compensation S.28Omitted S.29Omitted S.30Special provision for payment of compensation in certain specific case S.30ASavings and disposal of pending applications S.31Rights to residential house S.32Right to written lease and counterparts S.33Attestation of leases in lieu of Registration S.34Prohibition of premium or Forced Labour S.35Prohibition of payment other than rent S.36Use of materials S.36AAcquisition of right to Nalbat S.37Bar to seizure, attachment and sale by process of Court S.38Interest of tenants S.39Bequest S.40Succession to tenants S.41Transferability of Khatedar's interest S.42General restrictions on sale, gift and bequest S.42AOmitted S.42BDeclaration as valid of sale, gift and bequest S.43Mortgage S.43AProvisions in relation to mortgages of agricultural holding effected before the commencement of the Act S.44Rights to let or sub-let S.45Restrictions on letting and subletting S.46Letting or sub-letting in exceptional cases S.47Successor bound by sub-lease S.47AProvision in relation to certain transfers in the Abu, Ajmer and Sunel areas S.48Exchange of land S.49Exchange for consolidation S.49ASpecial provision for exchange by members of scheduled castes or scheduled tribes S.50Right of tenants on exchange S.51Right in lands allotted in exchange for other lands S.52Entry of exchange in record of rights S.53Division of Holding S.54Omitted S.54AOmitted S.55Surrender S.56Notice to landholder S.57Surrender on enhancement S.58Suit to set aside surrender S.59Taking possession of surrendered holding S.60Abandonment S.61Procedure before taking possession of a holding treated as abandoned S.62Rights of tenants presumed to have abandoned their holding S.63Tenancy when extinguished S.64Vacation on extinction S.65Right of Government to make improvements S.66Right of Khatedar Tenants to make improvements S.67Right of landholders to make improvements S.68When permission may be granted or refused by Tehsildar S.69Provision when both landholder and tenant want to make the same improvement S.70Right of other tenants to make improvements S.71Restriction on making an improvement S.72Liability for full rent S.73Compensation for loss S.74Compensation for improvement S.75Amount of compensation S.76Work benefiting other lands S.77Registration of outlay or improvement S.78Disputes as regards improvements S.79Tenant's rights to plant trees S.79ATenant's right to plant trees on Government land along side public roads S.80Tenant's right in trees existing at the commencement of this Act S.81Trees on unoccupied land (1)S.82Trees not transferable independently of land S.83Trees not removable except as provided S.84When and by whom trees may be removed S.85Disputes regarding trees S.86Penalties for unlawful removal S.87Omited S.88Suits for declaration of right S.89Suit as to class of tenancy etc S.90Suit for declaration of land as Khudkasht S.91Suit for declaration of other rights S.92Single suit in respect of several holdings S.92ASuit for injunction S.93Liability for payment of rent S.94Initial rent S.95Presumption as to rent S.96Maximum cash rent recoverable by Government S.97Authority to prescribe maximum cash rents S.98Maximum rent where land revenue is settled S.99Maximum rent in areas where rent has been settled S.100Higher maximum in certain cases S.101Maximum not to operate for increase over present rate of rent S.102Recovery of amount realised in excess S.103Conversion of kind rents into cash rents in certain cases S.104Maximum rate of rent in kind S.105Higher rate of kind rate where landholder contributes to production S.106Rent how calculated S.107Determination of rent-rates in certain circumstances S.108Duration of rent-rates S.109Additional Powers of Rent-Rate Officer S.110Formation of circles and soil classification S.111Basis of rates S.112Applicability of proposed rates with or without modification S.113Provisions for rates in special cases S.114Procedure in publishing and sanctioning rent-rates S.115Fixation of tent S.116Determination of rent' on partial ejectment or surrender S.117Disputes as to rent in certain cases S.118Commutation of rent S.119Period of currency and rent S.120Method of varying rent S.121Grounds for enhancement of rent S.122Limits of enhancement S.123Tenant's plea in enhancement suit or application S.124Grounds for abatement of rent S.125Enhancement or abatement when to take effect S.126Remission or suspension of rent in agricultural calamities S.127Period of suspension to be excluded in computing period of limitation S.128Non-recovery of rent remitted or suspended S.129Revision of rent in emergencies S.130Hypothecation of produce towards payment of Rent S.131Presumption as to payment by, tenant S.132Application of rent payment S.133Rent how payable S.134Presumption as to money order acknowledgement S.135Right of tenant to receipt S.136Particular of receipts S.137Obligation of Government to print and supply book of receipts S.138Right of tenant to statement of account S.139Deposit of rent in the Court of Tehsildar S.140Disposal of deposit by Tehsildar S.141Deposit of rent in court during pendency of suit S.142Bars of Suits S.143Section 139 to 142 when inapplicable S.144Right and liabilities in respect of produce S.145Rent in kind to be recoverable by actual division of the produce S.146No cartage allowed S.147Collector to publish return of current prices S.148Application for officer to make division, estimate or appraisement S.149Procedure on such application S.150Suit for appears of produce rent S.151Instalments ;low fixed S.152Rent when in arrear S.153Prohibition of arrest or detention for arrears S.154Method of recovering arrears S.155Suit against co-tenant S.156Joinder for arrears S.157Remission for calamity by court decreeing claim for arrears S.158Recovery for arrears of irrigation dues S.159Suit of certain arrears as arrears of land revenue S.160Recovery of arrears in the case of general refusal to pay S.161Ejectment to be in accordance with the Act S.162Arrear demand satisfied upon ejectment S.163Omitted S.164Compensation for improvement on ejectment S.165Payment of compensation S.166Right to crops and trees when ejectment takes effect S.167Contents and service of notice S.168Immunity from ejectment from residential houses S.169Issue of notice' for payment of arrears and for ejectment in default S.170Procedure after issue of notice S.171Consequences and cancellation of order passed under section 170 S.172Tenants claim for Compensation on appearance S.173Bar to suits and applications in certain cases S.174Ejectment in execution of decree for arrears of rent S.175Ejectment for illegal transfer or sub-letting S.176Decree or order under section 175 S.177Ejectment for detrimental act or breach of condition S.178Decree or Order under section 177 S.179Suit for compensation, etc S.180Additional provisions for ejectment of Khudkasht or GairKhatedar tenants or sub-tenants S.181Application and notice S.182Procedure subsequent to the issue of notice S.182ALimit of the time for certain application under Section 180 S.182BRestoration of land not brought under personal cultivation S.183Ejectment of certain trespasser S.183ASummary eviction of mortgagee on non-delivery of possession of land after the expiry of the period of mortgage S.183BSummary ejectment of trespasser of the land held by a member of a scheduled caste or a scheduled tribe S.183CPunishment for trespass in certain cases S.184Time of execution S.185Mode of Execution of decree or order S.186Omitted S.187Remedies for wrongful ejectment S.187AAvailability of the provisions of section 187 to certain aggrieved tenants S.187BSummary suit for reinstatement based on possession S.188Injunction against wrongful ejectment S.189Liability of grants at favourable rate of rent to enhancement S.189ADevolution and transfer of interest of grantees at favourable rates and other rights S.189BExtinction of interest of grantees at favourable rates S.190Rights and liabilities of a village servant S.191Ejectment of a village servant S.192Power to place village servant or his successor in possession S.193Disposal of land when services are no longer required S.194Rights and liabilities of grove-holders S.195Rights to make improvement S.196Devolution and transfer of interest S.197Provisions as to rent S.198Ejectment S.199Rights exercisable by an Ijaradar or Thekadar S.200Restrictions on the transfer or succession of Ijara or Theka S.201Grounds of ejectment S.202How to proceeds for ejectment S.203Remedy for wrongful ejectment S.204Surrender S.205Provision for holding over S.206Provision for pending cases, etc S.207Suits and applications cognizable by revenue court only S.208Application of Civil Procedure Code S.209Granting any relief to which plaintiff is entitled S.210Procedure when plea of payment in good faith to a third person is taken S.211Suits etc. by co-sharers S.212Provision for injunction and appointment of a receiver S.213Sale of Khatedar tenant's interest in execution of decree of arrears of rent S.214Limitation in cases under this Act S.215Court fee payable S.216Place of sitting of revenue courts S.217Ordinary powers of different grades of revenue courts S.218Inherent powers of revenue courts S.219Additional Powers of revenue courts S.220Courts in which proceedings to be instituted S.221Subordination of revenue courts S.222Appeal not to lie unless allowed by this Act S.223Appeals from original decrees S.224Appeals from appellate decrees S.225Appeal from orders S.226Power of Board to reject an appeal summarily S.227No decree or order to be reversed or modified for error or irregularity S.228Limitation for appeals S.229Power of review by Board and other revenue courts S.230Power of the Board to call for cases S.231Powers to High Court to call for cases S.232Power to call for record and refer to the Board S.233Transfer of Cases by Revenue Board S.234Omitted S.235Transfer and withdrawal of Cases by Collector and SubDivisional Officer S.236Omitted S.237Transfer of cases by Collector or Sub-Divisional Officer S.238Transfer of revenue appeals by High Court S.239Procedure when plea of proprietary right raised S.240Limitation and court fee for appeal under section 239 S.241Procedure in appeals when material for determining question of proprietary right not on record S.242Procedure when plea of tenancy rights raised in Civil Courts S.243Power to refer question of jurisdiction to High Court S.244Plea in appeal that suit was instituted in wrong Court S.245Procedure when objection was taken in the court of first instance S.246Arrears of revenue, profit etc S.247Suit for arrears of revenue paid S.248Suit by or against Ijaredars or Thekadars S.249Suit for settlement of accounts S.250Joinder of parties in certain cases S.251Rights of way and other private easement S.251A251A. Laying of underground pipeline or opening a new way through another khatedar's holding or enlarging the existing way S.252Tenant entitled to compensation for illegal exactions S.253Failure to give receipt S.254Protection of action taken under Act S.255Recovery of costs, etc S.256Bar to jurisdiction of Civil courts S.257Power of Government to make rules S.258Power of Board to make rules S.259Rule subject to the condition of previous publication S.260Saving

Rajasthan Tenancy Act, 1955

Act ID: 1955

Rajasthan Tenancy Act, 1955

"Full text of Rajasthan Tenancy Act, 1955"

Table of Contents

286 Sections

Ch.

Sections

S.1Short title, extent and commencement S.2Omitted S.3Repeal S.4Omitted S.5Definitions S.6Possessors of rights, etc. include their predecessors and Successors S.7Applicability of the Act to State Government S.8Power to act through agent S.9Khudkasht right S.10Succession and transfer S.11Restriction on letting of Khudkasht S.12Extinction of Khudkasht right S.13Khatedari rights upon resumption or abolition S.14Classes of tenants S.15Khatedar tenants S.15AKhatedari rights not to accrue in Indira Gandhi Canal Area S.15AANon-accrual of Khatedari rights in Chambal Project Area in certain cases S.15AAAAccrual of Khatedari Rights in the Indira Gandhi Canal area S.15BKhatedar tenants in Abu, Ajmer & Sunel areas S.16Land in which Khatedari rights shall not accrue S.16ATenants of Khudkasht S.17Ghair Khatedari tenant S.17AMaliks S.18Omitted S.19Conferment of rights on certain tenants of Khudkasht and sub tenants S.20Submission of claims for compensation S.21Omitted S.22Omitted S.23Compensation for Khatedari Rights S.24Compensation for Rights in improvements S.25Computation of share of compensation in lieu of Nalbat S.26Composition of Compensation S.27Mode of Payment of Compensation S.28Omitted S.29Omitted S.30Special provision for payment of compensation in certain specific case S.30ASavings and disposal of pending applications S.31Rights to residential house S.32Right to written lease and counterparts S.33Attestation of leases in lieu of Registration S.34Prohibition of premium or Forced Labour S.35Prohibition of payment other than rent S.36Use of materials S.36AAcquisition of right to Nalbat S.37Bar to seizure, attachment and sale by process of Court S.38Interest of tenants S.39Bequest S.40Succession to tenants S.41Transferability of Khatedar's interest S.42General restrictions on sale, gift and bequest S.42AOmitted S.42BDeclaration as valid of sale, gift and bequest S.43Mortgage S.43AProvisions in relation to mortgages of agricultural holding effected before the commencement of the Act S.44Rights to let or sub-let S.45Restrictions on letting and subletting S.46Letting or sub-letting in exceptional cases S.47Successor bound by sub-lease S.47AProvision in relation to certain transfers in the Abu, Ajmer and Sunel areas S.48Exchange of land S.49Exchange for consolidation S.49ASpecial provision for exchange by members of scheduled castes or scheduled tribes S.50Right of tenants on exchange S.51Right in lands allotted in exchange for other lands S.52Entry of exchange in record of rights S.53Division of Holding S.54Omitted S.54AOmitted S.55Surrender S.56Notice to landholder S.57Surrender on enhancement S.58Suit to set aside surrender S.59Taking possession of surrendered holding S.60Abandonment S.61Procedure before taking possession of a holding treated as abandoned S.62Rights of tenants presumed to have abandoned their holding S.63Tenancy when extinguished S.64Vacation on extinction S.65Right of Government to make improvements S.66Right of Khatedar Tenants to make improvements S.67Right of landholders to make improvements S.68When permission may be granted or refused by Tehsildar S.69Provision when both landholder and tenant want to make the same improvement S.70Right of other tenants to make improvements S.71Restriction on making an improvement S.72Liability for full rent S.73Compensation for loss S.74Compensation for improvement S.75Amount of compensation S.76Work benefiting other lands S.77Registration of outlay or improvement S.78Disputes as regards improvements S.79Tenant's rights to plant trees S.79ATenant's right to plant trees on Government land along side public roads S.80Tenant's right in trees existing at the commencement of this Act S.81Trees on unoccupied land (1)S.82Trees not transferable independently of land S.83Trees not removable except as provided S.84When and by whom trees may be removed S.85Disputes regarding trees S.86Penalties for unlawful removal S.87Omited S.88Suits for declaration of right S.89Suit as to class of tenancy etc S.90Suit for declaration of land as Khudkasht S.91Suit for declaration of other rights S.92Single suit in respect of several holdings S.92ASuit for injunction S.93Liability for payment of rent S.94Initial rent S.95Presumption as to rent S.96Maximum cash rent recoverable by Government S.97Authority to prescribe maximum cash rents S.98Maximum rent where land revenue is settled S.99Maximum rent in areas where rent has been settled S.100Higher maximum in certain cases S.101Maximum not to operate for increase over present rate of rent S.102Recovery of amount realised in excess S.103Conversion of kind rents into cash rents in certain cases S.104Maximum rate of rent in kind S.105Higher rate of kind rate where landholder contributes to production S.106Rent how calculated S.107Determination of rent-rates in certain circumstances S.108Duration of rent-rates S.109Additional Powers of Rent-Rate Officer S.110Formation of circles and soil classification S.111Basis of rates S.112Applicability of proposed rates with or without modification S.113Provisions for rates in special cases S.114Procedure in publishing and sanctioning rent-rates S.115Fixation of tent S.116Determination of rent' on partial ejectment or surrender S.117Disputes as to rent in certain cases S.118Commutation of rent S.119Period of currency and rent S.120Method of varying rent S.121Grounds for enhancement of rent S.122Limits of enhancement S.123Tenant's plea in enhancement suit or application S.124Grounds for abatement of rent S.125Enhancement or abatement when to take effect S.126Remission or suspension of rent in agricultural calamities S.127Period of suspension to be excluded in computing period of limitation S.128Non-recovery of rent remitted or suspended S.129Revision of rent in emergencies S.130Hypothecation of produce towards payment of Rent S.131Presumption as to payment by, tenant S.132Application of rent payment S.133Rent how payable S.134Presumption as to money order acknowledgement S.135Right of tenant to receipt S.136Particular of receipts S.137Obligation of Government to print and supply book of receipts S.138Right of tenant to statement of account S.139Deposit of rent in the Court of Tehsildar S.140Disposal of deposit by Tehsildar S.141Deposit of rent in court during pendency of suit S.142Bars of Suits S.143Section 139 to 142 when inapplicable S.144Right and liabilities in respect of produce S.145Rent in kind to be recoverable by actual division of the produce S.146No cartage allowed S.147Collector to publish return of current prices S.148Application for officer to make division, estimate or appraisement S.149Procedure on such application S.150Suit for appears of produce rent S.151Instalments ;low fixed S.152Rent when in arrear S.153Prohibition of arrest or detention for arrears S.154Method of recovering arrears S.155Suit against co-tenant S.156Joinder for arrears S.157Remission for calamity by court decreeing claim for arrears S.158Recovery for arrears of irrigation dues S.159Suit of certain arrears as arrears of land revenue S.160Recovery of arrears in the case of general refusal to pay S.161Ejectment to be in accordance with the Act S.162Arrear demand satisfied upon ejectment S.163Omitted S.164Compensation for improvement on ejectment S.165Payment of compensation S.166Right to crops and trees when ejectment takes effect S.167Contents and service of notice S.168Immunity from ejectment from residential houses S.169Issue of notice' for payment of arrears and for ejectment in default S.170Procedure after issue of notice S.171Consequences and cancellation of order passed under section 170 S.172Tenants claim for Compensation on appearance S.173Bar to suits and applications in certain cases S.174Ejectment in execution of decree for arrears of rent S.175Ejectment for illegal transfer or sub-letting S.176Decree or order under section 175 S.177Ejectment for detrimental act or breach of condition S.178Decree or Order under section 177 S.179Suit for compensation, etc S.180Additional provisions for ejectment of Khudkasht or GairKhatedar tenants or sub-tenants S.181Application and notice S.182Procedure subsequent to the issue of notice S.182ALimit of the time for certain application under Section 180 S.182BRestoration of land not brought under personal cultivation S.183Ejectment of certain trespasser S.183ASummary eviction of mortgagee on non-delivery of possession of land after the expiry of the period of mortgage S.183BSummary ejectment of trespasser of the land held by a member of a scheduled caste or a scheduled tribe S.183CPunishment for trespass in certain cases S.184Time of execution S.185Mode of Execution of decree or order S.186Omitted S.187Remedies for wrongful ejectment S.187AAvailability of the provisions of section 187 to certain aggrieved tenants S.187BSummary suit for reinstatement based on possession S.188Injunction against wrongful ejectment S.189Liability of grants at favourable rate of rent to enhancement S.189ADevolution and transfer of interest of grantees at favourable rates and other rights S.189BExtinction of interest of grantees at favourable rates S.190Rights and liabilities of a village servant S.191Ejectment of a village servant S.192Power to place village servant or his successor in possession S.193Disposal of land when services are no longer required S.194Rights and liabilities of grove-holders S.195Rights to make improvement S.196Devolution and transfer of interest S.197Provisions as to rent S.198Ejectment S.199Rights exercisable by an Ijaradar or Thekadar S.200Restrictions on the transfer or succession of Ijara or Theka S.201Grounds of ejectment S.202How to proceeds for ejectment S.203Remedy for wrongful ejectment S.204Surrender S.205Provision for holding over S.206Provision for pending cases, etc S.207Suits and applications cognizable by revenue court only S.208Application of Civil Procedure Code S.209Granting any relief to which plaintiff is entitled S.210Procedure when plea of payment in good faith to a third person is taken S.211Suits etc. by co-sharers S.212Provision for injunction and appointment of a receiver S.213Sale of Khatedar tenant's interest in execution of decree of arrears of rent S.214Limitation in cases under this Act S.215Court fee payable S.216Place of sitting of revenue courts S.217Ordinary powers of different grades of revenue courts S.218Inherent powers of revenue courts S.219Additional Powers of revenue courts S.220Courts in which proceedings to be instituted S.221Subordination of revenue courts S.222Appeal not to lie unless allowed by this Act S.223Appeals from original decrees S.224Appeals from appellate decrees S.225Appeal from orders S.226Power of Board to reject an appeal summarily S.227No decree or order to be reversed or modified for error or irregularity S.228Limitation for appeals S.229Power of review by Board and other revenue courts S.230Power of the Board to call for cases S.231Powers to High Court to call for cases S.232Power to call for record and refer to the Board S.233Transfer of Cases by Revenue Board S.234Omitted S.235Transfer and withdrawal of Cases by Collector and SubDivisional Officer S.236Omitted S.237Transfer of cases by Collector or Sub-Divisional Officer S.238Transfer of revenue appeals by High Court S.239Procedure when plea of proprietary right raised S.240Limitation and court fee for appeal under section 239 S.241Procedure in appeals when material for determining question of proprietary right not on record S.242Procedure when plea of tenancy rights raised in Civil Courts S.243Power to refer question of jurisdiction to High Court S.244Plea in appeal that suit was instituted in wrong Court S.245Procedure when objection was taken in the court of first instance S.246Arrears of revenue, profit etc S.247Suit for arrears of revenue paid S.248Suit by or against Ijaredars or Thekadars S.249Suit for settlement of accounts S.250Joinder of parties in certain cases S.251Rights of way and other private easement S.251A251A. Laying of underground pipeline or opening a new way through another khatedar's holding or enlarging the existing way S.252Tenant entitled to compensation for illegal exactions S.253Failure to give receipt S.254Protection of action taken under Act S.255Recovery of costs, etc S.256Bar to jurisdiction of Civil courts S.257Power of Government to make rules S.258Power of Board to make rules S.259Rule subject to the condition of previous publication S.260Saving