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Section 252

Lease in Execution of a Decree for Arrears of Rent.

The Uttar Pradesh Tenancy Act 1939
(1) Instead of selling the interest of a tenant in the whole or a part of his holding, the Court executing a decree for arrears of rent may lease such whole or part for a period which shall not exceed six years to any person who pays into Court the amount of such decree.

(2) If the whole of the tenant's holding is leased under the provisions of sub-section (1), the lessee shall be liable to pay to the landholder the rent previously payable by the tenant for the holding, and if a portion only of such holding is so leased, the lessee shall be liable to pay to the landholder such portion of the rent previously payable by the tenant for such holdings as may be determined by the tahsildar in accordance with rules made by the Board and the tenant shall be liable to pay the remainder of such rent.

(3) In addition to depositing the amount specified in sub-section (1), a person obtaining a lease of land under the provisions of this section shall deposit an amount equal to the rent annually payable by him under such lease and such amount shall be deemed to be a deposit made under the provisions of Section 137 of the rent due by him in respect of the last year for which he is entitled to hold under such lease or, if he surrenders or abandons such land or is ejected therefrom, before the expiry of such lease, in respect of the last year for the rent of which he is liable.

(4) Notwithstanding anything in this Act, a person obtaining a lease under the provisions of this section shall be a non- occupancy tenant.

(5) On the expiry of the term of a lease given under the provisions of this section or on ejectment of the lessee or on his surrender or abandonment of such land the same rights shall, subject to the provisions of sub-section (6) regarding surrender and abandonment, accrue to the tenant in such land as he possessed before the granting of such lease.

(6) At any time during the period of a lease given under the provisions of this section, the tenant may in accordance with the provisions of Sections 82 to 88, surrender or abandon the holding or the portion leased and, during the period of such lease, the tenant shall, for the purposes of Sections 33 to 38 be deemed to possess an interest in the portion leased.




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