Bare Acts

The Uttar Pradesh Tenancy Act 1939

UTTAR PRADESH TENANCY ACT 1939

English PDF

Act Details

Act Number:

Act Year:

1939

Location:

Uttar Pradesh

Enactment Date:

12/6/1939

Enforcement Date:

16-12-1939

Department:

Department of Revenue

Full List of Sections

SECTION

Section 1 to Section 5

Section 1

Short title, extent and commencement

Section 2

Repeal

Section 3

Interpretation.

Section 4

Restrictions on agreement between landholder and tenant

Section 5

Power of landholder to act through agent

SECTION

Section 6 to Section 20

Section 6

Definition of Sir

Section 7

Application to joint Hindu families

Section 8

Definition of sir right

Section 9

Succession to, and transfer of, sir right

Section 10

Exchange of sir

Section 11

Extinction of sir right

Section 12

Hereditary rights of sir holder's heir on whom proprietary rights do not devolve

Section 13

Application of proprietary rightsand tenantto other sections

Section 14

Rights of certain tenants of sir

Section 15

Demarcation of joint sir

Section 16

Hereditary rights in sir and demarcation of sir which is let

Section 17

Bar to hereditary rights in sir of disabled persons etc

Section 18

Demarcation of sir in the case of joint sir or joint khudkasht

Section 19

Sir-holder not to eject a tenant in certain circumstances

Section 20

Rights of tenants of sir

SECTION

Section 21 to Section 31

Section 21

Classes of tenants

Section 22

Permanent tenure-holders

Section 23

Fixed-rate tenants

Section 24

Presumption from entry at revision of record

Section 25

Tenants holding on special terms in Oudh

Section 26

Exproprietary tenants

Section 27

Agreement for relinquishment of exproprietary right not enforceable

Section 28

Occupancy tenants

Section 29

Hereditary tenants

Section 30

Land in which hereditary rights shall not accrue

Section 31

Non-occupancy tenants

Devolution and Transfer of Tenancies

Section 32 to Section 44

Section 32

Interest of permanent tenure -holders, and fixed rate tenants

Section 33

Interest of other tenants

Section 34

Succession under personal law in certain cases

Section 35

Succession to a male tenant

Section 36

Succession to a female tenant holding an interest inherited as a widow etc

Section 37

Succession to other female tenants

Section 38

Passing of interest by survivorship

Section 39

Right to sub-let

Section 40

Restrictions on sub-letting

Section 41

Exemption from restrictions on sub-letting by disabled persons

Section 42

Registration of sub-leases

Section 43

Successor bound by sub-lease

Section 44

Transfers which are void or voidable

Extinction of tenancies

Section 45 to Section 48

Section 45

Tenancy when extinguished

Section 46

Merger

Section 47

Rights of sub-tenant and mortgagee on extinction of tenant's interest

Section 48

Rights and liabilities of sub-tenants on extinction of sub-tenancy

Division, exchange and acquisition of holdings

Section 49 to Section 54

Section 49

Division of holdings

Section 50

Rights of tenants in land received in exchange from landholder

Section 51

Exchange of land between tenants

Section 52

Entry of exchange in record of rights

Section 53

Exchange of land for consolidation of cultivated area, etc

Section 54

Acquisition of land by landlord or under-proprietor

SURRENDER AND ABANDONMENT

Section 82 to Section 89

Section 82

Surrender by tenant.

Section 83

Surrender on enhancement of rent.

Section 84

Notice through tahsildar.

Section 85

Suit to set aside notice.

Section 86

Taking possession of holding surrendered.

Section 87

Abandonment.

Section 88

Notice through tahsildar.

Section 89

Application of Section 183 to abandonment cases.

Leases and Right to Measure Land

Section 55 to Section 58

Section 55

Right to written leases and counterparts

Section 56

Registration of leases.

Section 57

Attestation in lieu of registration

Section 58

Right to measure land

Improvements

Section 65 to Section 79

Section 65

Right of certain tenants to make improvements.

Section 66

Right of non-occupancy tenant to make improvements.

Section 67

Only certain landholders to give consent.

Section 68

Restriction on improvements.

Section 69

Liability for full rent.

Section 70

Application for permission when landholder refuses or omits to consent.

Section 71

Right of landholder to make improvements.

Section 72

When permission may be granted or refused by Assistant Collector.

Section 73

Compensation for improvement made with landholder's consent or by entitled persons.

Section 74

Compensation for certain buildings when erected without landholder's consent.

Section 75

Amount of compensation.

Section 76

Works benefiting other land.

Section 77

Registration of outlay on improvement.

Section 78

Compensation by agreement.

Section 79

Dispute as regards improvement, how settled.

Declaratory suits

Section 59 to Section 64

Section 59

Suit by tenant for declaration of right or share

Section 60

Suit for declaration of right of a person claiming to be tenant

Section 61

Suit as to class of tenancy, etc

Section 62

Single suit in respect of several holdings.

Section 63

Dispute whether land is sir or khudkasht

Section 64

Provision for injunctions.

Trees

Section 80 to Section 81

Section 80

Right of tenants to plant trees.

Section 81

Tenant's right in trees existing at the commencement of the Act.

Premia, Forced Labour and Cesses

Section 90 to Section 91

Section 90

Taking a premium or making service a condition of tenancy prohibited.

Section 91

Illegal cesses.

General Provisions as to rent

Section 92 to Section 103

Section 92

Initial rent of tenant.

Section 93

Presumption as to rent.

Section 94

Suit for determination and for arrears of rent.

Section 95

Determination of rent on partial ejectment or surrender.

Section 96

Period for which rent is not liable to modification.

Section 97

Effect of enhancement of rent of non-occupancy tenant under the Act.

Section 98

Method of varying rent.

Section 99

Saving of enhancement or abatement under the Northern India Canal and Drainage Act.

Section 100

Restriction on institution of suits for variation of rent.

Section 101

Rent how calculated for communication etc. of rent.

Section 102

Basis of variation of rent in certain cases.

Section 103

Procedure when rent-rates not determined.

Rent-rules and appointment of rent-rate officer

Section 104 to Section 122

Section 104

Rent-rates applicable.

Section 105

Provision if rent rates did or did not distinguish between occupancy, non-occupancy and statutory tenants.

Section 106

Order for determining rent rates.

Section 107

Duration of rent-rates.

Section 108

Additional powers of rent-rates officer.

Section 109

Circles and soil classification.

Section 110

Basis of rates for hereditary and occupancy tenants.

Section 111

Provision for rates in special cases.

Section 112

Procedure in publishing and sanctioning rent-rates.

Section 113

Commutation of rent.

Section 114

Ground of abatement of rent.

Section 115

Abatement of rent of fixed-rate tenants.

Section 116

Abatement of rent of under-proprietor and permanent lessee.

Section 117

Grounds of enhancement of rent.

Section 118

Enhancement of rent of fixed-rate tenant.

Section 119

Limits to enhancement of rent.

Section 120

Tenant's plea in enhancement suit.

Section 121

Decree or agreement in suits for determination, etc., of rent when to take effect.

Section 122

Joinder of parties in suit relating to variation.

Relief in agricultural calomities

Section 123 to Section 125

Section 123

Remission or suspension of rent in natural calamities.

Section 124

Finality of order under the preceding section.

Section 125

Period of suspension to be excluded in computing period of limitation.

Extraordinary and emergency provisions

Section 126

Revision of rent and revenue when there is a sudden rise in prices or in an emergency.

General

Section 127 to Section 140

Section 127

Application of the Chapter to under-proprietors, etc.

Section 128

Hypothecation of produce towards payment of rent.

Section 129

Presumption as to payment by tenant.

Section 130

Application of rent payment.

Section 131

Rent, how payable.

Section 132

Presumption as to money-order acknowledgement.

Section 133

Right of tenant to receipt.

Section 134

Particulars of valid receipt.

Section 135

Right of tenant to statement of account.

Section 136

Obligation of State Government to print and supply books of receipts.

Section 137

Deposit of rent in the Court of tahsildar.

Section 138

Disposal of deposit by tahsildar.

Section 139

Deposit of rent in Court during pendency of suit.

Section 140

Bar of suits.

Procedure rents

Section 141 to Section 145

Section 141

Rights and liabilities in respect of produce.

Section 142

Application for officer to make division, estimate or appraisement.

Section 143

Procedure on such application.

Section 144

Suit for arrears of produce rent.

Section 145

Instalments, how fixed.

Arrears

Section 146 to Section 154

Section 146

Rent when in arrear.

Section 147

Prohibition of arrest or detention for arrears.

Section 148

Methods of recovering arrears.

Section 149

Suit against co-tenant.

Section 150

Joinder of claims for arrears.

Section 151

Remission for calamity by Court decreeing claim for arrears.

Section 152

Suit for arrears of irrigation dues.

Section 153

Recovery of arrears in respect of Government property.

Section 154

Recovery of arrears in the event of general refusal to pay.

General

Section 155 to Section 162

Section 155

Application of some sections relating to tenants, to permanent tenure-holders, etc.

Section 156

Application of provisions of this Chapter to permanent lessees, etc.

Section 157

Ejectment to be in accordance with the Act.

Section 158

Arrears deemed satisfied when tenant is ejected.

Section 159

Compensation for improvement on ejectment.

Section 160

Right to crops and trees when ejectment takes effect.

Section 161

Contents and service of notice.

Section 162

Immunity from ejectment from residential house on ejectment from holding.

Ejectment for arrears of rent

Section 163 to Section 170

Section 163

Application for issue of notice to exproprietary tenant, etc., for payment of arrears and for ejectment in default.

Section 164

Order that may be passed in appeal from ejectment proceedings.

Section 165

Consequences of cancellation of an order passed under Section 163.

Section 166

Tenant's claim for compensation on appearance.

Section 167

Bar to suits and application in certain cases.

Section 168

Ejectment of certain tenants in execution of a decree for arrears.

Section 169

Application for issue of notice to non-occupancy tenant for payment of arrears or for ejectment in default.

Section 170

Ejectment of non-occupancy tenant in execution of decree for arrears of rent.

Ejectment for illegal or deirimental acts

Section 171 to Section 174

Section 171

Ejectment for illegal transfer, sub-letting.

Section 172

Ejectment for detrimental act or breach of condition.

Section 173

Decree in suit under Section 172.

Section 174

Suit for compensation, injunction, etc.

Ejectment on other grounds

Section 175 to Section 179

Section 175

Ejectment on application.

Section 176

Application and notice.

Section 177

Service of notice.

Section 178

Effect of admission or of non-appearance.

Section 179

Procedure where tenant contests notice.

Ejectment of person occupying land without title

Section 180

Ejectment of person occupying land without title.

Enforcement of ejectment

Section 181 to Section 182

Section 181

Mode of execution of decree or order.

Section 182

Time of execution.

Remedies for wrongful ejectment

Section 183 to Section 186

Section 183

Remedies for wrongful ejectment.

Section 184

Reversal of decree or order of ejectment.

Section 185

Defendants to be joined in suit.

Section 186

Reinstatement of tenant.

Grants of Land held Rent-free or at a favourable rate of Rent

Section 187 to Section 203

Section 187

Application oi this Chapter to under-proprietors.

Section 188

Meaning of rent-free grant.

Section 189

Meaning of grant of land at a favourable rate.

Section 190

Liability of grant to resumption, or assessment or enhancement of rent.

Section 191

Grants not liable to fixation of revenue or rent.

Section 192

Declaration that grantee is proprietor or under-proprietor.

Section 193

Rent or revenue how determined.

Section 194

Liability of grant to fixation of rent or to enhancement.

Section 195

Ejectment of grantee.

Section 196

Date from which liability to fixation or enhancement of rent or to ejectment arises.

Section 197

Determination of class of tenure and of amount of rent payable.

Section 198

Application of certain sections to grantee.

Section 199

Application of certain sections to grantees holding at a favourable rate of rent.

Section 200

Extinction of rent-free grantee's interest.

Section 201

Procedure when district is under settlement.

Section 202

Appeals.

Section 203

Saving of the right of the State Government to assess revenue.

Grove- holders

Section 204 to Section 208

Section 204

Application of this Chapter to under-proprietors.

Section 205

Definition of grove-holder.

Section 206

Rights and liabilities of grove-holder.

Section 207

Right of grove-holder to make improvement.

Section 208

Appeals.

Thekedars

Section 209 to Section 222

Section 209

Definition of thekedar, etc.

Section 210

Method of granting theka.

Section 211

Rights of lessor which thekedar may exercise.

Section 212

Improvement in the theka area by lessor.

Section 213

Restrictions on the transfer of, and on succession to thekas.

Section 214

Grounds of ejectment.

Section 215

Procedure of ejectment for non-payment of decree arrears.

Section 216

Joinder of sub-thekedar as defendant.

Section 217

Remedies for wrongful ejectment.

Section 218

Surrender.

Section 219

Application to thekedars of certain sections relating to tenants.

Section 220

Application of Sections 245 and 246.

Section 221

Provision for holding over.

Section 222

Application of the Fourth Schedule.

Arrears of Revenue, Profils, etc

Section 223 to Section 234

Section 223

Extent to which the term co-sharer applies to the thekedar.

Section 224

Suit for arrears of revenue, etc. by lambardar.

Section 225

Suit against a joint lambardar.

Section 226

Suit for arrears of revenue by a co-sharer.

Section 227

Suit for arrears of revenue by a muafidar or assignee.

Section 228

Suit by a superior proprietor for arrears of revenue or rent.

Section 229

Profits when divisible.

Section 230

Suit for settlement of accounts and profits against lambardar.

Section 231

Suit for settlement of accounts and profits against a co-sharer.

Section 232

Liability to produce accounts in certain cases.

Section 233

Valuation of sir and khudkasht in profits cases.

Section 234

Provision for joinder of parties and form of decree in certain suits.

Compensation and Penalties

Section 235 to Section 240

Section 235

Application of this Chapter to under-proprietors, etc.

Section 236

Tenant entitled to compensation for illegal exactions.

Section 237

Power to award compensation in suit.

Section 238

Penalty for collecting rent remitted or suspended.

Section 239

Penalty for habitual refusal or neglect to give receipts.

Section 240

Penalty for illegal entry on a holding.

General Provisions

Section 241 to Section 255

Section 241

Meaning of ?proprietary right in certain cases.

Section 242

Suits and applications cognizable by Revenue Courts only.

Section 243

Application of the Code of Civil Procedure, 1908.

Section 244

Provision for granting any relief to which plaintiff is entitled.

Section 245

Powers of lambardar.

Section 246

Suit, etc., by co-sharers in undivided property.

Section 247

Procedure when plea of payment in good faith to a third person is taken.

Section 248

Registration of encumbrance created by under-proprietor.

Section 249

Proprietor's lien for the rent payable by under-proprietor.

Section 250

Right of pre-emption at execution sale in Oudh.

Section 251

Sale of certain tenant's interest of arrears for rent.

Section 252

Lease in execution of a decree for arrears of rent.

Section 253

Application of Limitation Act.

Section 254

Limitation in cases under the Act.

Section 255

Court-fees payable.

Powers of courts

Section 256 to Section 262

Section 256

Place of sitting of Revenue Court.

Section 257

Powers of Assistant Collector of the second class.

Section 258

Powers of Assistant Collector of the first class.

Section 259

Powers of Assistant Collector in charge of a sub-division.

Section 260

Powers of Collector.

Section 261

Investment of Assistant Collector with the powers of Collector.

Section 262

Court in which proceedings to be instituted.

Appeals

Section 263 to Section 272

Section 263

Appeal to be as allowed by Act.

Section 264

Appeal from decree of Assistant Collectors of the second class.

Section 265

Appeal from decree of Assistant Collector of the first class or of Collector to Commissioner or civil Court.

Section 266

Appeal from appellate decree of Collector.

Section 267

Appeal from appellate decree of Commissioner.

Section 268

Power of Board to reject an appeal summarily.

Section 269

Appeal from appellate decree of District Judge.

Section 270

Appeal to Collector from order of Assistant Collector of the second class.

Section 271

Appeal from order of Assistant Collector of the first class and of Collector in certain cases.

Section 272

No appeal from appellate orders.

Review

Section 273 to Section 274

Section 273

Review by Board.

Section 274

Review by other Courts.

Revision

Section 275 to Section 276

Section 275

Power of Board to call for cases.

Section 276

Power of High Court to call for cases.

Transfer of cases

Section 277 to Section 285

Section 277

Transfer of cases by Board.

Section 278

Transfer of cases by Commissioner.

Section 279

Transfer of appeal by Commissioner to Collector.

Section 280

Transfer of cases by Collector or Assistant Collector.

Section 281

Withdrawal of cases by Collector or Assistant Collector.

Section 282

Subordination of courts.

Section 283

Transfer and withdrawal by Settlement Officer.

Section 284

Transfer of revenue appeals by District Judge.

Section 285

Withdrawal of revenue appeals by District Judge.

Questions of proprietary right in Revenue courts

Section 286 to Section 287

Section 286

Procedure when plea of proprietary right raised.

Section 287

Procedure in appeal when material for determining question of right not on record.

Questions of tenant right in civil court

Section 288

Procedure when plea of tenancy raised in civil court.

Conflict of jurisdiction

Section 289 to Section 291

Section 289

Power to refer question of jurisdiction to High Court.

Section 290

Plea in appeal that suit was instituted in wrong Court.

Section 291

Procedure when objection was taken in the Court of first instance.

Power to make Rules

Section 292 to Section 293

Section 292

Power of State Government to make rules.

Section 293

Power of Board to make rules.

Transitional Provisions

Section 294 to Section 296

Section 294

Application by ejected tenant for re-instatement in his holding.

Section 295

Right of sub-tenant in Oudh to retain possession of his holding.

Section 296

U.P. III of 1926 , XXII of 1886 Disposal of pending suits.