(1) A person who wishes to consolidate the area which he cultivates or to build a house or to obtain land to increase the amenities of his house may apply to the Assistant Collector incharge of the sub-division to exchange the whole or any portion of the land which he cultivates for land cultivated by another person.
(2) On receipt of an application under the provisions of sub-section (1), the Assistant Collector shall, if he is satisfied that reasonable grounds exist, grant such application either in whole or in part, and shall allot to such other person, land which is cultivated by the applicant and which is approximately equal in value to, 1 [and is of the same quality as] the land received by the applicant.
(3) After orders have been passed under the provisions of sub-section (2), each person shall have, in respect of the land which he receives in exchange, the same right as he had in the land which he gives in exchange, and the Assistant Collector shall order that the appropriate entry be made in the record of rights.
(4) No order shall be passed under the provisions of this section, -
(a) in respect of land cultivated by a non-occupancy tenant, or
(b) for exchange of land between persons, unless they are landlords or are under- proprietors, permanent lessees or tenants of the same landholder or stand to one another in the relation of landholder and under-proprietor, permanent lessee.
(5) A landholder, who is not a party to the exchange may file an objection, and the Court shall consider such objection before passing orders on the application.
(6) Notwithstanding anything in arty law for the time being in force if the land allotted in exchange for other land is burdened with any lease, mortgage or other encumbrance, such lease, mortgage or other encumbrance shall be transferred and shall attach to such other land or to such part of such other land as may be specified by the Assistant Collector and, thereupon, the lessee, mortgagee or other encumbrancer shall cease to have any right in or against the land from which the lease, mortgage or other encumbrance was transferred.
(2) On receipt of an application under the provisions of sub-section (1), the Assistant Collector shall, if he is satisfied that reasonable grounds exist, grant such application either in whole or in part, and shall allot to such other person, land which is cultivated by the applicant and which is approximately equal in value to, 1 [and is of the same quality as] the land received by the applicant.
(3) After orders have been passed under the provisions of sub-section (2), each person shall have, in respect of the land which he receives in exchange, the same right as he had in the land which he gives in exchange, and the Assistant Collector shall order that the appropriate entry be made in the record of rights.
(4) No order shall be passed under the provisions of this section, -
(a) in respect of land cultivated by a non-occupancy tenant, or
(b) for exchange of land between persons, unless they are landlords or are under- proprietors, permanent lessees or tenants of the same landholder or stand to one another in the relation of landholder and under-proprietor, permanent lessee.
(5) A landholder, who is not a party to the exchange may file an objection, and the Court shall consider such objection before passing orders on the application.
(6) Notwithstanding anything in arty law for the time being in force if the land allotted in exchange for other land is burdened with any lease, mortgage or other encumbrance, such lease, mortgage or other encumbrance shall be transferred and shall attach to such other land or to such part of such other land as may be specified by the Assistant Collector and, thereupon, the lessee, mortgagee or other encumbrancer shall cease to have any right in or against the land from which the lease, mortgage or other encumbrance was transferred.
1 Amended by U.P. Act 10 of 1947. w.e.f. 14.06.1947