(1) When the landlord of the whole of a mahal or of a specific area in a mahal transfers the whole of his proprietary right in such mahal or area by voluntary alienation otherwise than under the provisions of sub-section (2) of Section 9, or when the whole of such landlord's right in such mahal or area is transferred by foreclosure or sale in execution of a decree or order of a civil or revenue Court, the landlord shall become an exproprietary tenant of his sir and of such portion of his khudkasht as he has cultivated continuously for three years at the date of transfer.
(2) When the landlord of a share in a mahal or in a specific area in a mahal so transfers the whole of such share or when such share is so transferred the landlord shall become an exproprietary tenant of his sir and of such portion of his khudkasht as he has cultivated continuously for three years at the date of the transfer and which, in the case of joint sir or joint khudkasht is demarcated by the officer empowered to fix the rent of the holding under the provisions of Section 36 of the United Provinces Land Revenue Act, 1901.
(3) U.P. III of 1901 When the landlord of the whole or of a share of a mahal or of a specific area in a mahal so transfers a part of such whole or of such share, or of such area, or when a part of such whole or of such share or of such area is so transferred, the landlord shall become an exproprietary tenant of so much of his sir and of such portion of his khudkasht as he has cultivated continuously for three years at the date of transfer as appertains or corresponds to such part and is demarcated by the officer empowered to fix the rent of the holding under the provisions of Section 36 of the United Provinces Land Revenue Act, 1901.
(4) U.P. III of 1901 If, in the course of proceedings under this section the officer empowered to fix the rent of the holding finds that any of the landlord's sir is land to which the provisions of the third proviso to clause (a) of Section 6 apply, or that the landlord is a sir-holder to whom the provisions to subsection (2) of Section 16 apply, he shall stay proceedings under this section and shall proceed under the provisions of Section 15 or Section 16, as the case may be, and the provisions of this section regarding sir shall not apply to any area in which he orders that the tenants are hereditary tenants.
(5) Every person who becomes an exproprietary tenant under the provisions of this section or who, at the commencement of this Act, is an exproprietary tenant in accordance with the provisions of any previous Act or who is or becomes an exproprietary tenant under any other enactment for the time being in force, shall be entitled to all the rights conferred and be subject to all the liabilities imposed, on exproprietary tenants by this Act and unless the rent payable by him was fixed under the provisions of a previous Act, it shall be fixed in accordance with the provisions of this Act by the officer empowered to do so under the provisions of Section 36 of the United Provinces Land Revenue Act, 1901.
(6) U.P. III of 1901 A mortgage shall be deemed to be a transfer within the meaning of this section when it has the effect of transferring proprietary possession of the mortgaged property from the mortgagor, but not otherwise.
(7) No right shall accrue under this section in any land transferred for any public or private purpose inconsistent with the existence of a right of cultivation therein.
(8) For the purposes of this section the word landlord shall include an under-proprietor and a permanent tenure-holder and the words proprietary right shall include the right of an under-proprietor and of a permanent tenure-holder.
(9) Notwithstanding anything in this section, exproprietary rights shall not accrue in grove-land.
(2) When the landlord of a share in a mahal or in a specific area in a mahal so transfers the whole of such share or when such share is so transferred the landlord shall become an exproprietary tenant of his sir and of such portion of his khudkasht as he has cultivated continuously for three years at the date of the transfer and which, in the case of joint sir or joint khudkasht is demarcated by the officer empowered to fix the rent of the holding under the provisions of Section 36 of the United Provinces Land Revenue Act, 1901.
(3) U.P. III of 1901 When the landlord of the whole or of a share of a mahal or of a specific area in a mahal so transfers a part of such whole or of such share, or of such area, or when a part of such whole or of such share or of such area is so transferred, the landlord shall become an exproprietary tenant of so much of his sir and of such portion of his khudkasht as he has cultivated continuously for three years at the date of transfer as appertains or corresponds to such part and is demarcated by the officer empowered to fix the rent of the holding under the provisions of Section 36 of the United Provinces Land Revenue Act, 1901.
(4) U.P. III of 1901 If, in the course of proceedings under this section the officer empowered to fix the rent of the holding finds that any of the landlord's sir is land to which the provisions of the third proviso to clause (a) of Section 6 apply, or that the landlord is a sir-holder to whom the provisions to subsection (2) of Section 16 apply, he shall stay proceedings under this section and shall proceed under the provisions of Section 15 or Section 16, as the case may be, and the provisions of this section regarding sir shall not apply to any area in which he orders that the tenants are hereditary tenants.
(5) Every person who becomes an exproprietary tenant under the provisions of this section or who, at the commencement of this Act, is an exproprietary tenant in accordance with the provisions of any previous Act or who is or becomes an exproprietary tenant under any other enactment for the time being in force, shall be entitled to all the rights conferred and be subject to all the liabilities imposed, on exproprietary tenants by this Act and unless the rent payable by him was fixed under the provisions of a previous Act, it shall be fixed in accordance with the provisions of this Act by the officer empowered to do so under the provisions of Section 36 of the United Provinces Land Revenue Act, 1901.
(6) U.P. III of 1901 A mortgage shall be deemed to be a transfer within the meaning of this section when it has the effect of transferring proprietary possession of the mortgaged property from the mortgagor, but not otherwise.
(7) No right shall accrue under this section in any land transferred for any public or private purpose inconsistent with the existence of a right of cultivation therein.
(8) For the purposes of this section the word landlord shall include an under-proprietor and a permanent tenure-holder and the words proprietary right shall include the right of an under-proprietor and of a permanent tenure-holder.
(9) Notwithstanding anything in this section, exproprietary rights shall not accrue in grove-land.
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