Section 14State of Andhra Pradesh Act
Section 14: Surrender of holding by cultivating tenant:
Surrender of holding by cultivating tenant:.
- [(1) A cultivating tenant may terminate his tenancy and surrender his holding at the end of any agricultural year after giving to the landlord and the Special Officer at least three months' notice expiring with the end of such agricultural year; and the surrender of such holding shall take effect only after it is accepted by the Special Officer on being satisfied, after making such inquiry as he thinks fit, that such surrender is voluntary and genuine:Provided that where any holding is cultivated jointly by joint tenants or members or a Hindu undivided family, unless the surrender is made by all of them, it shall be ineffective in respect of such joint tenants or members as have not joined in the notice for surrender.] [Substituted by Act No. 39 of 1974.](2)
No tenant shall surrender a part of his holding only.[15. Cultivating tenants, right to first purchase the land leased to him:. - (1) Any landlord intending to sell the land leased to a cultivating tenant shall first give notice to such cultivating tenant, of his intention to sell such land, and requiring him to exercise his option to purchase the land. The particulars to be specified in the notice and the time within which the option shall be exercised by cultivating tenant shall be such as may be prescribed.(3)
Where the cultivating tenant exercises his option to purchase the land; but there is no agreement in regard to the price payable, the landlord or the cultivating tenant may apply to the Special Officer for the determination of reasonable price of such land; and the Special Officer shall, after giving notice to the landlord, and the cultivating tenant and after making such inquiry as he thinks fit, determine the reasonable price;Provided that the reasonable price so determined shall not exceed five times the fair rent, if any fixed after the commencement of the Andhra Pradesh (Andhra Area) Tenancy (Amendment) Act, 1974 and in force in respect of that land; or where no such fair rent has been fixed or is in force, five times the fair rent that would have been so fixed, has an application been made for determination of such rent on the date of giving of notice under sub-section (1).(4)
The reasonable price determined under sub-section (3) shall be payable in ten equal annual instalments in such manner as may be prescribed; and the sale shall be deemed to have become effective on the payment of the first instalment and land shall be deemed to be the security for the payment of the balance of the instalments.(5)
If the cultivating tenant fails to exercise his option to purchase the land or fails to pay the first instalment of the reasonable price, the landlord shall be entitled to sell the land to any other person.Provided that where the land is not sold to any other person within a period of two years from the date of notice given under sub-section (1), the landlord shall not sell the land thereafter without giving a fresh option under this section to the cultivating tenant to purchase the land.(6)
Any sale of the land by the landlord in contravention of this section shall be voidable to the option of the cultivating tenant.] [Substituted by Act No. 39 of 1974.][16. Adjudication of disputes and appeal:. - (1) Any dispute arising under this Act, between a landlord and a cultivating tenant in relation to a matter not otherwise decided by the Special Officer under the provisions of this Act, shall, on application by the landlord or the cultivating tenant, as the case may be, be decided by the Special Officer after making an enquiry in the manner prescribed:[x x x] [Substituted by Act No. 39 of 1974.]Disclaimer: This section is reproduced for general informational and reference purposes only. Always verify against the latest official gazette and consult a qualified advocate before relying on any provision.