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Section 206

Rights and Liabilities of Grove-holder.

The Uttar Pradesh Tenancy Act 1939
Notwithstanding anything in this Act, or any custom or contract to the contrary, -

(a) the rights of a grove-holder shall, subject to the provisions of clauses (a) and (b) and clauses (d) to (f) of Section 45, which shall apply to grove-holders as they apply to tenants, subsist so long as grove land retains its character as such. On the land ceasing to be grove-land the holder shall become a hereditary such land;

(b) a grove-holder may re-plant trees as they are cut or die and any person who is recorded as a grove-holder of any land on the 1st day of July, 1937, and is in possession thereof at the commencement of this Act, may re-plant trees thereon within three years of the commencement of this Act;

(c) the interest of a grove-holder shall be transferable by voluntary transfer or in execution of a decree of a civil or revenue Court or otherwise;

(d) the interest of a grove-holder shall devolve according to the personal law applicable to him;

(e) while the land continues to be grove-land, a grove-holder shall be liable to ejectment on one of the ground mentioned in Section 172, and the provisions of Section 157, Section 159, Section 160, Section 162, Section 173, Section 174, Sections 181 to 183, Section 185 and Section 186 shall apply to him as if he were a tenant:

(f) the provisions of Section 1 [ 49 ], 2 [ 59 ] to 64 and of Chapter VII and of clauses (b), (d) and (e) of Section 236 and of Section 237 to 240 shall apply to grove-holders as they apply to tenants, except that the provisions of Section 148 shall apply only to the extent to which they refer to the recovery of rent by suit;

(g) where a person becomes a grove-holder in respect of land of which he is a tenant, he shall hold such land as grove-holder in supersession of all subsisting rights and liabilities so far as they are inconsistent therewith.




1 Ins. by U.P. Act No. 10 of 1947. w.e.f. 14.06.1947 2 Ins. by U.P. Act No. 10 of 1947. w.e.f. 14.06.1947