U.P.

Tenancy Act, 1939 1

The United Provinces Tenancy Act, 1939

(U.P. Act No. 17 of 1939)
CHAPTER I
Preliminary
Section.
. Short title, extent and commencement.
abhWN= . Repeal.
. Interpretation.
. Restrictions on agreement between landholder and tenant.
. Power of landholder to act through agent.

CHAPTER II
Sir
. Definition of Sir.
. Application to joint Hindu families.
oN

. Definition of sir right.

9. Succession to, and transfer of, sir right.
10 . Exchange of sir.
11 . Extinction of sir right.
12 . Hereditary rights of sir holder's heir on whom proprietary rights do not devolve.
13 . Application of "proprietary rights"and "tenant’to other sections.
14 . Rights of certain tenants of sir.
15 . Demarcation of joint sir.
16 . Hereditary rights in sir and demarcation of sir which is let.
17 . Bar to hereditary rights in sir of disabled persons etc.
18 . Demarcation of sir in the case of joint sir or joint knudkasht.
19 . Sir-holder not to eject a tenant in certain circumstances.
20. Rights of tenants of sir.

CHAPTER III
Classes of tenants
21. Classes of tenants.
22. Permanent tenure-holders.
23. Fixed-rate tenants.
24, Presumption from entry at revision of record.
25. Tenants holding on special terms in Ouch.
26. Exproprietary tenants.
27. Agreement for relinquishment of exproprietary right not enforceable.
28. Occupancy tenants.
29. Hereditary tenants.
30. Land in which hereditary rights shall not accrue.
31, Non-occupancy tenants.

CHAPTER IV
Devolution, Transfer, Extinction, Division, Exchange and Acquisition Of
Tenancies
Devolution and Transfer of Tenancies
32 . Interest of permanent tenure -holders, and fixed rate tenants.
33 . Interest of other tenants.
34 . Succession under personal law in certain cases.
35 . Succession to a male tenant.
 U.P. Tenancy Act, 1939

Section.
36. Succession to a female tenant holding an interest inherited as a widow etc.
37. Succession to other female tenants.
38. Passing of interest by survivorship.
39. Right to sub-let.
40. Restrictions on sub-letting.
41. Exemption from restrictions on sub-letting by disabled persons.
42. Registration of sub-leases.
43. Successor bound by sub-lease.
44. Transfers which are void or voidable.
Extinction of tenancies
45. Tenancy when extinguished.
46. Merger.
47. Rights of sub-tenant and mortgagee on extinction of tenant's interest.
48. Rights and liabilities of sub-tenants on extinction of sub-tenancy.
Division, exchange and acquisition of holdings
49. Division of holdings.
50. Rights of tenants in land received in exchange from landholder.
51. Exchange of land between tenants.
52. Entry of exchange in record of rights.
53. Exchange of land for consolidation of cultivated area, etc.
54. Acquisition of land by landlord or under-proprietor.

CHAPTER V
General Provisions Relating to Tenancies
Leases and Right to Measure Land
55. Right to written leases and counterparts.
56. Registration of leases.
57. Attestation in lieu of registration.
58. Right to measure land.
Declaratory suits
59. Suit by tenant for declaration of right or share.
60. Suit for declaration of right of a person claiming to be tenant.
61. Suit as to class of tenancy, etc.
62. Single suit in respect of several holdings.
63. Dispute whether land is sir or khudkasht.
64. Provision for injunctions.
Improvements
65. Right of certain tenants to make improvements.
66. Right of non-occupancy tenant to make improvements.
67. Only certain landholders to give consent.
68. Restriction on improvements.
69. Liability for full rent.
70. Application for permission when landholder refuses or omits to consent.
71. Right of landholder to make improvements.
72. When permission may be granted or refused by Assistant Collector.
73. Compensation for improvement made with landholder's consent or by entitled persons.
74, Compensation for certain buildings when erected without landholder's consent.
75. Amount of compensation.
76. Works benefiting other land.
77. Registration of outlay on improvement.
78. Compensation by agreement.
79. Dispute as regards improvement, how settled.
 U.P. Tenancy Act, 1939

Trees
Section
80. Right of tenants to plant trees.
81. Tenant's right in trees existing at the commencement of the Act.
Surrender and abandonment
82. Surrender by tenant.
83. Surrender on enhancement of rent.
84. Notice through tahsildar.
85. Suit to set aside notice.
86. Taking possession of holding surrendered.
87. Abandonment.
88. Notice through tahsildar.
89. Application of Section 183 to abandonment cases.
Premia, Forced Labour and Cesses
90. Taking a premium or making service a condition of tenancy prohibited.
91. Illegal cesses.

CHAPTER VI
Determination and Modification of Rent
General Provisions as to rent
92. Initial rent of tenant.
93. Presumption as to rent.
94. Suit for determination and for arrears of rent.
95. Determination of rent on partial ejectment or surrender.
96. Period for which rent is not liable to modification.
97. Effect of enhancement of rent of non-occupancy tenant under the Act.
98. Method of varying rent.
99. Saving of enhancement or abatement under the Northern India Canal and Drainage Act.
100. Restriction on institution of suits for variation of rent.
101. Rent how calculated for communication etc. of rent.
102. Basis of variation of rent in certain cases.
103. Procedure when rent-rates not determined.
Rent-rules and appointment of rent-rate officer
104. Rent-rates applicable.
105. Provision if rent rates did or did not distinguish between occupancy, non-occupancy and statutory
tenants.
106. Order for determining rent rates.
107. Duration of rent-rates.
108. Additional powers of rent-rates officer.
109. Circles and soil classification.
110. Basis of rates for hereditary and occupancy tenants.
111. Provision for rates in special cases.
112. Procedure in publishing and sanctioning rent-rates.
113. Commutation of rent.
114. Ground of abatement of rent.
115. Abatement of rent of fixed-rate tenants.
116. Abatement of rent of under-proprietor and permanent lessee.
117. Grounds of enhancement of rent.
118. Enhancement of rent of fixed-rate tenant.
119. Limits to enhancement of rent.
120. Tenant's plea in enhancement suit.
121. Decree or agreement in suits for determination, etc., of rent when to take effect.
122. Joinder of parties in suit relating to variation..
 U.P. Tenancy Act, 1939

Relief in agricultural calomities

Section
123. Remission or suspension of rent in natural calamities.
124. Finality of order under the preceding section.
125. Period of suspension to be excluded in computing period of limitation.
Extraordinary and emergency provisions
126. Revision of rent and revenue when there is a sudden rise in prices or in an emergency.

CHAPTER VII
Payment and Recovery of Rent
General
127 . Application of the Chapter to under-proprietors, etc.
128. Hypothecation of produce towards payment of rent.
129. Presumption as to payment by tenant.
130 . Application of rent payment.
131 . Rent, how payable.
132. Presumption as to money-order acknowledgement.
133. Right of tenant to receipt.
134. Particulars of valid receipt.
135. Right of tenant to statement of account.
136. Obligation of State Government to print and supply books of receipts.
137. Deposit of rent in the Court of tahsildar.
138. Disposal of deposit by tahsildar.
139. Deposit of rent in Court during pendency of suit.
140. Bar of suits.
Procedure rents
141 . Rights and liabilities in respect of produce.
142 . Application for officer to make division, estimate or appraisement.
143. Procedure on such application.
144. Suit for arrears of produce rent.
145. Instalments, how fixed.
Arrears
146. Rent when in arrear.
147. Prohibition of arrest or detention for arrears.
148. Methods of recovering arrears.
149. Suit against co-tenant.
150. Joinder of claims for arrears.
151. Remission for calamity by Court decreeing claim for arrears.
152. Suit for arrears of irrigation dues.
153. Recovery of arrears in respect of Government property.
154. Recovery of arrears in the event of general refusal to pay.

CHAPTER VIII
EJECTMENT
General

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

156. Application of provisions of this Chapter to permanent lessees, etc.
157. Ejectment to be in accordance with the Act.
158. Arrears deemed satisfied when tenant is ejected.
159. Compensation for improvement on ejectment.
160. Right to crops and trees when ejectment takes effect.
161. Contents and service of notice.
 U.P. Tenancy Act, 1939

Section
162. Immunity from ejectment from residential house on ejectment from holding.
Ejectment for arrears of rent
163. Application for issue of notice to exproprietary tenant, etc., for payment of arrears and for ejectment in
default.
164. Order that may be passed in appeal from ejectment proceedings.
165. Consequences of cancellation of an order passed under Section 163.
166. Tenant's claim for compensation on appearance.
167. Bar to suits and application in certain cases.
168. Ejectment of certain tenants in execution of a decree for arrears.
169. Application for issue of notice to non-occupancy tenant for payment of arrears or for ejectment in
default.
170. Ejectment of non-occupancy tenant in execution of decree for arrears of rent.
Ejectment for illegal or deirimental acts
171. Ejectment for illegal transfer, sub-letting.
172. Ejectment for detrimental act or breach of condition.
173. Decree in suit under Section 172.
174. Suit for compensation, injunction, etc.
Ejectment on other grounds
175. Ejectment on application.
176. Application and notice.
177. Service of notice.
178. Effect of admission or of non-appearance.
179. Procedure where tenant contests notice.
Ejectment of person occupying land without title
180. Ejectment of person occupying land without title.
Enforcement of ejectment
181. Mode of execution of decree or order.
182. Time of execution.
Remedies for wrongful ejectment
183. Remedies for wrongful ejectment.
184. Reversal of decree or order of ejectment.
185. Defendants to be joined in suit.
186. Reinstatement of tenant.

CHAPTER IX
Grants of Land held Rent-free or at a favourable rate of Rent.
187. Application oi this Chapter to under-proprietors.
188. Meaning of rent-free grant.
189. Meaning of grant of land at a favourable rate.
190. Liability of grant to resumption, or assessment or enhancement of rent.
191. Grants not liable to fixation of revenue or rent.
192. Declaration that grantee is proprietor or under-proprietor.
193. Rent or revenue how determined.
194. Liability of grant to fixation of rent or to enhancement.
195. Ejectment of grantee.
196. Date from which liability to fixation or enhancement of rent or to ejectment arises.
197. Determination of class of tenure and of amount of rent payable.
198. Application of certain sections to grantee.
199. Application of certain sections to grantees holding at a favourable rate of rent.
200. Extinction of rent-free grantee's interest.
201. Procedure when district is under settlement.
202. Appeals.
203. Saving of the right of the State Government to assess revenue.
 U.P. Tenancy Act, 1939

CHAPTER X
Grove- holders
Section.
204, Application of this Chapter to under-proprietors.
205. Definition of grove-holder.
206. Rights and liabilities of grove-holder.
207. Right of grove-holder to make improvement.
208. Appeals.

CHAPTER XI
Thekedars
209, Definition of thekedar, etc.
210. Method of granting theka.
211. Rights of lessor which thekedar may exercise.
212. Improvement in the theka area by lessor.
213. Restrictions on the transfer of, and on succession to thekas.
214, Grounds of ejectment.
215. Procedure of ejectment for non-payment of decree arrears.
216. Joinder of sub-thekedar as defendant.
217. Remedies for wrongful ejectment.
218. Surrender.
219, Application to thekedars of certain sections relating to tenants.
220. Application of Sections 245 and 246.
221. Provision for holding over.
222. Application of the Fourth Schedule.

CHAPTER XII
Arrears of Revenue, Profils, etc.
223. Extent to which the term "co-sharer" applies to the thekedar.
224, Suit for arrears of revenue, etc. by lambardar.
225. Suit against a joint lambardar.
226. Suit for arrears of revenue by a co-sharer.
227. Suit for arrears of revenue by a muafidar or assignee.
228. Suit by a superior proprietor for arrears of revenue or rent.
229, Profits when divisible.
230. Suit for settlement of accounts and profits against lambardar.
231. Suit for settlement of accounts and profits against a co-sharer.
232. Liability to produce accounts in certain cases.
233. Valuation of sir and khudkasht in profits cases.
234, Provision for joinder of parties and form of decree in certain suits.

CHAPTER XIII
Compensation and Penalties
235. Application of this Chapter to under-proprietors, etc.
236. Tenant entitled to compensation for illegal exactions.
237. Power to award compensation in suit.
238. Penalty for collecting rent remitted or suspended.
239, Penalty for habitual refusal or neglect to give receipts.
240. Penalty for illegal entry on a holding.
 U.P. Tenancy Act, 1939 7

CHAPTER XIV
Procedure and Jurisdiction of Courts Powers of Lambardar, etc.
General Provisions
Section.
241. Meaning of "proprietary right" in certain cases.
242. Suits and applications cognizable by Revenue Courts only.
243. Application of the Code of Civil Procedure, 1908.
244, Provision for granting any relief to which plaintiff is entitled.
245. Powers of lambardar.
246. Suit, etc., by co-sharers in undivided property.
247. Procedure when plea of payment in good faith to a third person is taken.
248. Registration of encumbrance created by under-proprietor.
249, Proprietor's lien for the rent payable by under-proprietor.
250. Right of pre-emption at execution sale in Oudh.
251. Sale of certain tenant's interest of arrears for rent.
252. Lease in execution of a decree for arrears of rent.
253. Application of Limitation Act.
254, Limitation in cases under the Act.
255. Court-fees payable.
Powers of courts
256. Place of sitting of Revenue Court.
257, Powers of Assistant Collector of the second class.
258. Powers of Assistant Collector of the first class.
259, Powers of Assistant Collector in charge of a sub-division.
260. Powers of Collector.
261. Investment of Assistant Collector with the powers of Collector.
262. Court in which proceedings to be instituted.
Appeals
263. Appeal to be as allowed by Act.
264, Appeal from decree of Assistant Collectors of the second class.
265. Appeal from decree of Assistant Collector of the first class or of Collector to Commissioner or civil Court.
266. Appeal from appellate decree of Collector.
267. Appeal from appellate decree of Commissioner.
268. Power of Board to reject an appeal summarily.
269, Appeal from appellate decree of District Judge.
270. Appeal to Collector from order of Assistant Collector of the second class.
271. Appeal from order of Assistant Collector of the first class and of Collector in certain cases.
272. No appeal from appellate orders.
Review
273. Review by Board.
274, Review by other Courts.
Revision
275. Power of Board to call for cases.
276. Power of High Court to call for cases.
Transfer of cases
277. Transfer of cases by Board.
278. Transfer of cases by Commissioner.
279. Transfer of appeal by Commissioner to Collector.
280. Transfer of cases by Collector or Assistant Collector.
28 . Withdrawal of cases by Collector or Assistant Collector.
=

282. Subordination of courts.

283. Transfer and withdrawal by Settlement Officer.
284, Transfer of revenue appeals by District Judge.
285. Withdrawal of revenue appeals by District Judge.
Questions of proprietary right in Revenue courts
286. Procedure when plea of proprietary right raised.
287. Procedure in appeal when material for determining question of right not on record.
 U.P. Tenancy Act, 1939

Questions of tenant right in civil court

Section.
288. Procedure when plea of tenancy raised in civil court.
Conflict of jurisdiction
289. Power to refer question of jurisdiction to High Court.
290. Plea in appeal that suit was instituted in wrong Court.
291. Procedure when objection was taken in the Court of first instance.

CHAPTER XV
Power to make Rules
292. Power of State Government to make rules.
293. Power of Board to make rules.

CHAPTER XVI
Transitional Provisions
294. Application by ejected tenant for re-instatement in his holding.
295. Right of sub-tenant in Oudh to retain possession of his holding.
296. Disposal of pending suits.

SCHEDULES
First schedule-Areas to which the Act will not apply in the first instance.
Second schedule-Application of the Code of Civil Procedure, 1908.
Third schedule-Form of lease or counterpart.
Fourth schedule-Powers of courts, etc.
Fifth schedule-Form of countetfoil and receipt for rent.
Sixth schedule-Provision for the granting of relief in agricultural calamities.

Appendix-l and II
 U.P. Tenancy Act, 1939 9

THE UNITED PROVINCES TENANCY ACT, 1939

[As amended by all subsequent Acts including (1) the United Provinces Tenancy (Amendment) Act, V of
1943, (2) the United Provinces Tenancy (Amendment) Act. Ill of 1946, (3) the United Provinces Tenancy
(Amendment) Act X of 1947 and (4) the United Provinces Tenancy (Amendment) Act, XLI of 1948.]
Passed by the United Provinces Legislative Assembly on April 24, 1939, and by the United Provinces
Legislative Council on September 16, 1939 with certain amendments which were agreed to by the
United Provinces Legislativ Assembly on October 3 and 4, 1939
(Received the assent of Governor of the United Provinces on December 6, 1939, under section 75 of
the Government of India Act, 1935, and was published in the United Provinces Government Gazette on
December 16, 1939.)
WHEREAS it is expedient to consolidate and amend the law relating to agricultural tenancies,
‘proprietary cultivation] and other matters connected therewith in Agra and Oudh : It is hereby
enacted as follows;

CHAPTER |
Preliminary
1. (1) This Act may be called the United Provinces Tenancy Act, 1939.
(2) [Short title, extent and commencement] - It extends to the whole of Uttar
Pradesh except the areas specified in the First Schedule, the Jaunsar Bawar Pargana of the
Dehra Dun district and portion of the Mirzapur district south of the Kaimur Range;
Provided that the State Government may, by notification in the official Gazette, extend
the whole or any part of this Act to the whole or any portion of the area specified in the First
Schedule subject to such modification, if any, as it thinks fit:
Provided further that when this Act or any portion of it is extended to the whole or any
portion of the area specified in the First Schedule with or without modification, so much of any
Act or Regulation in force therein as is inconsistent with this Act or the portion so extended or
with any modification made therein, shall be deemed to have been repealed thereby:
(U.P. VI of 1915) Provided further that no provision of this Act which is inconsistent
with the provisions of the Pargana of Kaswar Raja Act, 1945, shall apply to the Pargana of
Kaswar Raja in the district of Benares.
(3) It shall come into force on such date as the State Government may, by notification
in the official Gazette, appoint in this behalf.

2. [Repeal.] - (1) The Agra Tenancy Act, 1926, is hereby repealed except in respect of
the areas to which this Act does not apply. (U.P. Ill of 1926 XXIl of 1886)
(2) The Oudh Rent Act, 1886, is hereby repealed.
3. [Interpretation.] - In this Act, unless there is something repugnant in the subject or
context, -
(1) all words and expressions used to denote the possessor of any right, title or interest
in land, whether the same be proprietary or otherwise, shall be deemed to include the
predecessors and successors in right, title or interest of such person;

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

 U.P. Tenancy Act, 1939 10

(2) “agricultural year" means the year commencing on the first day of July and ending
on the thirtieth day of June;
(3) "Board", "Commissioner', "Collector’, "Revenue Court", "Revenue Officer’,
"Settlement Officer", "Assistant Settlement Officer", "Assistant Collector’, "Assistant Collector
incharge of a _ sub-division", "tahsildar", "mahal", "lambardar", “sub-proprietor’, under-
proprietor", "superior proprietor’ and "minor" have the same meaning as in the United
Provinces Land Revenue Act, 1901, except that a sub-proprietor does not include a rent-free
grantee.
(4) "Commissioner" includes an Additional Commissioner and "Collector" includes an
Additional "Collector". [U.P. Ill of 1901]
(5) "crops" include shrubs, bushes, plants and climbers such as tea bushes, rose
bushes, betel plants, plantains, and papitas;
(6) "grove-land" means any specific piece of land in a mahal or mahals having trees
planted thereon in such numbers that they preclude, or when full grown will preclude, the land
or any considerable portion thereof from being used primarily for any other purpose, and the
trees on such land constitute a grove;
(7) "holding" means a parcel or parcels of land held under one lease, engagement or
grant, or in the absence of such lease, engagement or grant under one tenure and in the case
of a thekedar includes the theka area;
(8) "improvement" means with reference to a tenant's holding :
(i) a dwelling-house erected on the holding by the tenant for his own occupation
or a cattle shed or a store-house or any other construction for agricultural purposes
erected or set up by him on his holding;
(ii) any work which adds materially to the value of the holding and is consistent
with the purpose, for which it was let, and which, if not executed on the holding, is
either executed directly for its benefit or is after execution made directly beneficial to it;
and, subject to the foregoing provisions of this clause, includes -
(a) the construction of wells, water channels and other works for the
supply or distribution of water for agricultural purposes;
(b) the construction of works for the drainage of land, or for the
protection of land from floods, or from erosion or other damage by water;
(c) the reclaiming, clearing, enclosing, or terracing of land;
(d) the erection in the immediate vicinity of the holding otherwise than
on the village site, of buildings required for the convenient or profitable use or
occupation of the holding;
(e) the construction of tanks or other works for the storage of water for
agricultural purposes;
(f) the renewal or reconstruction of any of the foregoing works, or such
alterations therein, or additions thereto, as are not of the nature of mere repairs:
Provided that such water channels, embankments, enclosures, temporary wells, or
other works are made by tenants in the ordinary course of cultivation shall not be deemed to
be improvements.
(9) "khudkasht' means land other than sir cultivated by a landlord, an under-proprietor
or a permanent tenure-holder as such either himself or by hired labour;
(10) "land" means land which is let or held for growing of crops, or as groveland or for
pasturage. It includes land covered by water used for the purpose of growing singhara or other
produce, but does not include land for the time being occupied by buildings or appurtenant
thereto other than buildings which are improvements;
 U.P. Tenancy Act, 1939 11

(11) "landholder" means the person to whom rent is, or, but for a contract, express or
implied, would be payable, but except in Chapter VII and Chapter XIIl does not include an
assignee of rent or a person who has lost the proprietary or other interest by virtue of which
rent became payable to him;
(12) "landlord" means the proprietor of a mahal, or of a share, or specific plot, therein.
In Agra it included a sub-proprietor, in Oudh, except as otherwise provided in this Act, it does
not include an under-proprietor;
(13) "lease" includes the counterpart of a lease;
(14) "pay" with its grammatical variations and cognate expressions, when used with
reference to rent, includes "deliver’ with its grammatical variations and cognate expressions;
(15) "permanent lessee" means a person in Oudh who holds under heritable non-
transferable lease and who is entered in the register maintained under the provisions of clause
(b) or clause (c) of Section 32 of the United Provinces Land Revenue Act, 1901;
(16) {U.P. Ill of 1901.} "recorded" means recorded in a register maintained under the
provisions of Section 32 of the United Provinces Land Revenue Act, 1901;
(17) {U.P. Ill of 1901.} "registered" means registered under any Act for the time being
in force for the registration of documents and includes "attested" under the provisions of
Section 57;
(18) "rent" means whatever is, in cash or kind, or partly in cash and partly in kind,
payable on account of the use or occupation of land or on account of any right in land and in
Chapter VII, except when the contrary intention appears, includes sayar;
Explanation. - A share of the timber or its value deliverable or payable to the landholder
on a sale of trees by a grove-holder is rent;
(19)"revenue" means land revenue and includes revenue assessed only for the
purposes of calculating the local rate payable under the United Provinces Local Rates Act,
1914. {U.P. | of 1914.}
(20) ""sayar" includes whatever is to be paid or delivered by a lessee or licensee on
account of the right of gathering produce, forest rights, fisheries and the use of water for
irrigation from artificial sources;
(21)"sir holder" means a landlord, an under-proprietor or a permanent tenure-holder,
who possesses Sir;
(22) ""sub-tenant" means a person who holds land from the tenant thereof other than a
permanent tenure-holder, or from a grove-holder, or from a rent-free grantee or from a grantee
at a favourable rate of rent and by whom rent is, or but for a contract, express or implied,
would be payable;
(23) "tenant" means the person by whom rent is, or but for a contract, express or
implied, would be, payable and, except when the contrary intention appears, includes a sub-
tenant, but does not include a mortgagee of proprietary or under-proprietary rights, a grove-
holder, a rent-free grantee, a grantee at a favourable rate of rent or, except as otherwise
expressly provided by this Act, an under-proprietor, a permanent lessee or a thekadar;
(24) "thekadar’ means a farmer or other lessee of the rights in land of a proprietor, an
under-proprietor or a permanent lessee or mortgagee in possession and, in particular of the
right to receive rents or profits, but does not include an under-proprietor or a permanent
lessee;

4. [Restrictions on agreement between landholder and tenant.] - (1) Every agreement,

whether made before or after the commencement of this Act, which purports, or would
 U.P. Tenancy Act, 1939 12

operate, to restrict a tenant from enforcing or exercising any rights conferred on, or secured to
him by this Act is void to that extent.
(2) In particular and without prejudice to the generality of the provisions of sub-section
(1) an agreement between a landholder and a tenant is void as so far as it purports, -
(a) to prevent a hereditary tenant from acquiring any of the rights conferred on
hereditary tenant, under the provisions of this Act;
(b) to take away or limit the right of a tenant to make improvements or to claim
compensation for the same in accordance with the provisions of this Act;
(c) to entitle a landholder
to‘ eject a tenant or enhance his rent otherwise than in
accordance with the provisions of this Act;
(d) to take away the right of a tenant to sublet in accordance with the provisions
of this Act.
(3) When land not previously cultivated has been reclaimed by the landholder and let to
a tenant or has been let to a tenant in order that it should be reclaimed, then for a period of
fourteen years after such land was first brought under cultivation nothing in this section shall
be construed as affecting the conditions of any contract which relate to enhancement,
abatement or variation of the rent of such land or which provide that during any period for
which such land is to be held free of rent the tenant is liable to ejectment for breach of any
condition thereof.
Explanation - When land has remained uncultivated for a period of seven years it shall,
for the purposes of this sub-section, be deemed to have not been previously cultivated.
(4) Subject to provisions of this section and any other law for the time being in force,
any agreement entered into between a landholder and a tenant relating to a holding, including
an agreement conferring transferable rights, shall be valid and enforceable.

5. [V of 1908] [Power of landholder to act through agent.] - Save as otherwise

provided by the Code of Civil Procedure, 1908, in the case of proceedings governed by that
Code, anything which is by the Act required or permitted to be done by a landholder, may be
done by an agent of the landholder authorised by him! in this behalf; and process served on,
or notice given to, such agent shall be as effectual for all purposes as if the same had been
served on, or give to, the landholder in person; and all the provisions of this Act relating to the
services of process on, or the giving of notice to, a party shall be applicable to the service of
process on, or the giving of notice to, such agent.

CHAPTER II
Sir
6. [U.P. Ill of 1926. XXII of 1886] [Definition of Sir.] - "Sir" means -
(a) land which immediately before the commencement of this Act was sir under the
provisions of the Agra Tenancy Act, 1926, or the Oudh Rent Act, 1886;
Provided that if, at the commencement of this Act, the sir holder is assessed in Uttar
Pradesh to a local rate of more than twenty-five rupees, land which was sir under the
provisions of clause (d) or clause (e) of Section 4 of the Agra Tenancy Act, 1926, or of clause
(c) or clause (d) of sub-section (17) of Section 3 of the Oudh Rent Act, 1886, shall on this Act
coming into force cease to be sir unless it was -

* The word, [in writing] omit. by U.P. Act No. X of 1947. w.e.f 14.06.1947
 U.P. Tenancy Act, 1939 13

(i) [U.P. Ill of 1926. XXII of 1886 U.P. Ill of 1901] before the first day of July,
1938, received otherwise than in accordance with the provisions of Section 122 of the
United Provinces Land Revenue Act, 1901, or
(ii) before the commencement of this Act, received in accordance with the
provisions of that section,
in exchange for land which was sir under the provisions of clause (a) or clause (b) or
clause (c) of Section 4 of the Agra Tenancy Act, 1926, or of clause (a) or clause (b) of-sub-
section (17) of Section 3 of the Oudh Rent Act, 1886 :
[U.P. Ill of 1926 XXII of 1886] Provided further that the provisions of the first proviso
shall apply to a sir-holder who was not at the commencement of this Act assessed into Uttar
Pradesh to a local rate of more than twenty-five rupees, if he or his predecessor in-interest
was so assessed on the 30th June, 1938, unless the local rate assessed on him has been
decreased by resettlement or by revision of settlement or unless since that day he obtained
his sir rights by succession or survivorship:
Provided also that if the land to which the provisions of the first proviso apply was
joint sir of several sir holders and all such joint sir holders are not sir holders to whom such
provisions apply, such land shall not cease to be sir at the commencement of this Act, but
shall remain sir until that portion of it which is the sir of those joint holders to whom such
provision apply is demarcated under the provisions of this Act;
(b) land which was khudkasht and which is demarcated as sir under the provisions of
this Act.
Explanation - |\f any portion of the land revenue assessed on the sir holder's land has
been remitted owing to fall in the price of agricultural produce, the local rate payable by him
shall, for the purposes of this section, be deemed to have been reduced in the same
proportion.

7. [Application to joint Hindu families.] - For the purposes of the provisos to Section
6 each member of a joint Hindu family shall be deemed to be assessed to so much of the local
rate assessed on the property of such family as appertains to his share in such property :
Provided that a member of such family, any of whose male lineal ascendants in the
male line of ascent is alive and joint with such members, shall not, for such purposes, be
deemed to be a sir-holder of any portion of the sir of such family and the share of such
member in such property shall be deemed to be included in the share of his oldest surviving
ascendant in the male line of ascent and the local rate assessed on such share shall be
deemed to be assessed on the share of such oldest surviving ascendant.

8. [Definition of sir right.] - "Sir right" means the right conferred on sir holders by this
Act and by the United Provinces Land Revenue Act, 1901, and includes the right to exclusive
possession of the sir against co-sharers of the sir holder in the proprietary right, subject to a
liability to account for profits. [U.P. Ill of 1901]

9. [Succession to, and transfer of sir right.] - (1) On the death of a sir-holder sir right
shall not devolve except in accordance with the personal law to which the deceased was
subject.
(2) sir right is not transferable except, -
(a) by gift to a person to whom the proprietary right in the sir is gift, or
(b) by exchange :
 U.P. Tenancy Act, 1939 14

Provided that no sir-holder shall exchange sir for sir in a mahal in which he is not a co-
sharer unless the proprietary rights in the sir are exchanged.

10. [Exchange of sir.] - A land holder may agree with his tenant to exchange sir which
is not let for land which such tenant holds from such landholder and which he has not sublet
and on such exchange each party shall have the same rights in the land which he receives in
exchange as he had in the land which he gives in exchange.

11. [Extinction of sir right.] - Land shall cease to be sir, -

(a) when the sir-holder becomes an exproprietary tenant of such land; or
(b) when under the provisions of this Act, hereditary rights accrue in such land;
or
(c) when being grove-land, it is transferred otherwise than in accordance with
the provisions of sub-section (2) of Section 9.
Provided that if an exproprietary tenant regains his proprietary right in the land held by
him as exproprietary tenant such land shall again become his sir:
Provided further that if, on redemption of a mortgage, the mortgagor regeins
possession of land which under the provisions of the Agra Tenancy Act, 1926, ceased to
be sir and to which the provisions of the second paragraph of sub-section (5) of Section 15 of
that Act applied, such land shall again become his sir. [U.P. Ill of 1926]

12. [Hereditary rights of sir-holder's heir on whom proprietary rights do not

devolve.] - (1) If on the death of sir-holder the proprietary right in his sir does not devolve
according to the personal law' to which the deceased was subject, every person on whom no
such right devolves but on whom no such right would have devolved in accordance with that
law, shall become a hereditary tenant of so much of such sir as corresponds with the share in
such right as would have devolved on him according to that law.
(2) When proprietary right in sir devolves on a person on whom it would have devolved
under the personal law to which the deceased was subject and hereditary rights accrue in
favour of other persons under the provisions of sub-section (1), the Assistant Collector in-
charge of the sub-division shall demarcate and divide off the area in which hereditary rights
accrue and shall, in accordance with rules made by the Board, determine the rent payable for
such area.
Explanation - In this section and in Section 9 the expression "personal law" in the case
of Muslims shall mean the Muslim law, of inheritance.

13. [Application of "proprietary rights" and "tenant" to other sections.] - In

Sections 8 and 9, and Sections 11 and 12 the words "proprietary rights" shall be deemed to
include the right of an under-proprietor and of a permanent tenure-holder, and in Section 10
the word "tenant" includes an under-proprietor and a permanent lessee.

14. [Rights of certain tenants of sir.] - Any person who, at the commencement of this
Act, is a tenant of land which ceased to be sir under the provisions of Section 6 shall become
a hereditary tenant of his holding.

15. [Demarcation of joint sir.] - (1) An Assistant Collector incharge of sub-division

may of his own motion and shall, on the application of any joint holder of sirto which the
provisions of the third proviso to clause (a) of Section 6 apply, or of any tenant of such sir,
 U.P. Tenancy Act, 1939 15

demarcate and divide off so much of such sir as was immediately before the commencement
of this Act, the sir of those joint sir-holders to whom the provisions of the first proviso to that
clause apply, and shall declare that the portion so demarcated and divided off has ceased to
be sir from the date of his order and that from that date any tenant of sir is hereditary tenant.
(2) If, in the course of proceedings under the provisions of sub-section (1) the Assistant
Collector declares that a portion only of the holding of a tenant, has ceased to be sir, he shall
divide off such portion and determine the rent of such portion and of the remainder.
(3) Before passing orders under this section, the Assistant Collector may make such
inquiry as he considers necessary and shall give to such joint holders as have not joined in the
application and the tenants of sir, if any, an opportunity to show-cause, if they wish to, why the
demarcation should be made in any particular way.

16. [Hereditary rights in sir and demarcation of sir which is let.] - (1) Every person
who, at the commencement of this Act, is a tenant of sir-holding from a sir-holder to whom the
provision of the first proviso to clause (a) of Section 6 apply shall, at such commencement,
become a hereditary tenant of his holding if at such commencement such sir-holder possess
fifty acres or more than fifty acres ofsirwhich is not let, and which did not cease to
be sir under any of the previous provisions of this Act.
(2) If at such commencement such sir-holder possesses less than fifty acres of
such sir, such person shall become a hereditary tenant only in accordance with a declaration
to that effect made under the provisions of sub-section (3).
(3) In a case to which the provisions of sub-section (2) apply the Assistant Collector
may of his own motion, and shall, on the application either of sir-holder or the tenant,
demarcate the sir of the sir-holder and shall declare that any tenant of land situated in the area
not so demarcated shall be a hereditary tenant of his holding or of such person thereof as is
situated in such area.
(4) In demarcating sir under the provisions of sub-section (3), the Assistant Collector
shall demarcate as sir so much of the sir-holder's sir and of his knhudkasht as amounts to fifty
acres, or the area of the sir-holder's sir, whichever is less :
Provided that only so much of the sir-holder's sir which is let shall be demarcated
as sir as is necessary to make the total area demarcated as sir equal to fifty acres or the area
of the sir-holder's sir, whichever is less.
(5) If, in accordance with the provisions of sub-section (3), the Assistant Collector
orders that a tenant be the hereditary tenant of a part only of his holding, he shall divide off
such portion and shall determine the rent of such portion and of the remainder.
(6) Before passing order under sub-section (3) the Assistant Collector may make, such
inquiry as he considers necessary and shall give the sir-holder and the tenants of sir an
opportunity to show cause why the demarcation should be made in a particular way.
(7) For the purposes of this section, an acre situated in Bundelkhand or in the trans-
Jumuna portion of the Allahabad, Etawah, Agra and the Mathura districts and in such areas as
the State Government may specify by notification in the official Gazette shall be deemed to be
half an acre.

17. [Bar to hereditary rights in sir of disabled persons etc.] - If the sir-holder is a
person belonging to one of the clauses to which the provisions of Section 41 apply or if the
property of the sir-holder is under the superintendence of the Court of Wards, sir, let to a
tenant who was admitted to his tenancy by such person or while such property was under the
 U.P. Tenancy Act, 1939 16

superintendence of the Court of Wards shall, for the purposes of Section 16, be deemed not to
be let and such tenant shall not be a hereditary tenant of his holding.

18. [Demarcation of sir in the case of joint sir or joint khudkasht.] - (1) If a sir-
holder to whom the provisions of Section 16 apply, possesses joint sir or joint knudkasht the
Assistant Collector, if he considers it necessary to do so may, before demarcating sir under
the provision of that section demarcate and divide off so much of such joint sir or
joint knudkasht as appertains to the share of such sir-holder, and the provisions of Section 16
regarding sir or Knudkasht, as the case may be, shall apply to the area so divided off.
(2) If, in the course of proceedings under Section 16, the Assistant Collector finds that
the sir-holder is a person who might have applied under the provisions of Section 15, he shall
stay such proceedings until the sir to which the provisions of Section 15 apply has been
demarcated under the provisions of that section.

T19. [Sir-holder not to eject a tenant in certain circumstances.] - (1) In a suit or

proceeding for the ejectment of a tenant of sir, the sir-holder shall, before the first date fixed for
recording evidence, furnish to the Court such particulars as the Board may by rule made in this
behalf prescribe for ascertaining, -
(a) whether the sir-holder is a person to whom the provisions of the first proviso
to clause (a) of Section 6 apply; and
(b) the total area and nature of the sir-holder's sir and Khudkasht:
Provided that if the sir-holder satisfies the Court that he had sufficient cause for not
filing the particulars before the date fixed, it may, subject to the payment of costs to the
opposite party, extend the time.
(2) If the sir-holder does not file the particulars mentioned in subsection (1) within the
time fixed thereunder, or deliberately furnishes inaccurate particulars, the Court shall dismiss
the suit or proceeding, as the case may be, and shall declare the tenant to be a hereditary
tenant.
(3) If the Court finds is that the sir-holder could apply under the provisions of Section
15 or Section 16, it shall, before deciding such suit or proceeding, take action under Section
15 or Section 16, as the case may be, and if it declares or orders that the tenant is a hereditary
tenant of the whole or any part of his holding, it shall dismiss the suit or proceeding:
Provided that if the Court is not empowered to take action under the provisions of
Section 15 or Section 16, it shall forward the case to the Assistant Collector in-charge of the
sub-division who shall decide it is accordance with the provisions of this section.]

20. [Rights of tenants of sir.] - Every person, who is a tenant ofsirat the
commencement of this Act and who does not become a hereditary tenant under the provisions
of Section 14 or Section 15 or Section 16 or whom is admitted thereafter as a tenant of sir,
shall be entitled to retain possession of his holding for a period of five years from the date of
the commencement of this Act or of admission, as the case may be.
?[20-A. Every person who, on the date of the commencement of the United Provinces
Tenancy (Amendment) Act, 1947, is a tenant of sir-holding from a sir-holder to whom the
provisions of the first proviso to clause (a) of Section 6 apply, and who does not become a

* Subs. by U.P. Act 10 of 1947. w.e.f. 14.06.1947

* Add by U.P. Act 10 of 1947. w.e.f. 14.06.1947
 U.P. Tenancy Act, 1939 17

hereditary tenant under the provisions of Section 14 or Section 15 or section 16, shall be
entitled to retain possession of his holding for a period of five years from that date.]

CHAPTER III
Classes of Tenants
21. [Classes of tenants.] - There shall be, for the purposes of this Act, the following
classes of tenants, namely ;
(a) permanent tenure-holders,
( b) fixed-rate tenants,
( c) tenants holding on special terms in Oudh,
SS

( d) exproprietary tenants,
( e) occupancy tenants,
we

( f) hereditary tenants,
( g) non-occupancy tenants.
22. [Permanent tenure-holders.] - (1) When in Agra any permanent and transferable
interest in India in a district or portion of a district which is permanently settled has been held,
otherwise than under a terminable lease, by any person intermediate between the landlord
and the occupants, from the time of the permanent settlement, at the same rate of rent, such
person shall have a right to hold such interest at that rate.
(2) Such person shall be called a permanent tenure-holder.

23. [Fixed-rate tenants.] - (1) When in Agra any land in a district or portion of a district
which is permanently settled has been held by a tenant from the time of the permanent
settlement at the same rate of rent, such tenant shall have a right of occupancy at that rate.
(2) Such tenant shall be called a fixed-rate tenant.

24. [Presumption from entry at revision of record.] - (1) In those districts or portions
of districts in which a revision of records has taken place since the first day of January, 1875,
every entry made in the revision recording a person as a permanent tenure-holder or a fixed-
rate tenant, or otherwise shall, in the absence of a judicial decision to the contrary in
proceedings instituted before the first day of January, 1902 be as between landlord and tenant
conclusive proof that such person was, at the date of such revision, a permanent tenure-
holder, or a fixed-rate tenant, or not, as the case may be.
(2) In those districts or portions of districts in which no revision of records has taken
place since the first day of January, 1875, if, in any suit or proceedings, an issue arises
whether a person is a permanent tenure-holder or a fixed-rate tenant and it is proved that he
has held any land at the same rate of rent for twenty years next before the institution of the suit
or proceedings, it shall be presumed, unless the contrary is proved, that he has held such land
at the same rate of rent since the permanent settlement :
Provided that if thereafter a revision of records take place in any such district or portion
of a district the provisions of this sub-section shall cease to operate; and those of sub-section
(1) shall become operative therein.

25. [XXII of 1886] [Tenants holding on special terms in Oudh.] - Every tenant in
Oudh holding under a special agreement or a judicial decision made or passed before the
 U.P. Tenancy Act, 1939 18

passing of Oudh Rent Act, 1886, shall be called a tenant holding on special terms, and subject
to the terms of such agreement or decree, and save as otherwise expressly provided in this
Act, shall have all the rights and be subject to all the liabilities conferred and imposed upon
occupancy tenants in Oudh by this Act.

26. [Exproprietary tenants.] - (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 sirand of such portion of his khudkashtas 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 sirand of such portion of his khudkashtas he has cultivated
continuously for three years at the date of the transfer and which, in the case of joint sir or
joint knudkasht 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. Ill 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. Ill 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. Ill 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.
 U.P. Tenancy Act, 1939 19

(9) Notwithstanding anything in this section, exproprietary rights shall not accrue in
grove-land.

2/7. [Agreement for relinquishment of exproprietary right not enforceable.] -

Subject to the provisions of Section 82, no agreement for the relinquishment or having the
effect of a relinquishment of exproprietary rights shall be enforceable in any Court whether
such agreement was entered into before or after such exproprietary rights accrued.

28. {U.P. Ill of 1926 XXIII of 1886} [Occupancy tenants.] - Every tenant, who is not a
fixed rate tenant or an exproprietary tenant and who, at the commencement of this Act, has
acquired a right of occupancy under the Agra Tenancy Act, 1926, or any previous enactment
relating to Agra, or under the Oudh Rent Act, 1886, shall be called an occupancy tenant, and
shall have the rights and be subject to the liabilities conferred and imposed on occupancy
tenants by this Act.

29. [Hereditary tenants.] - Every person belonging to one or another of the following
classes shall be a hereditary tenant, and subject to any contract which is not contrary to the
provisions of Section 4 shall be entitled to all the rights conferred, and be subject to all the
liabilities imposed on hereditary tenants by this Act, namely :
(a) every person who is, at the commencement of this Act, a tenant of land
otherwise than as a permanent tenure-holder, a fixed-rate tenant, a tenant holding on
special terms in Oudh, an exproprietary tenant, an occupancy tenant, or except as
otherwise provided in this Act, as a sub-tenant, as a tenant or a tenant of sir,
(b) every person who is, after the commencement of this Act, admitted as a
tenant otherwise than as a tenant of sir or as a sub-tenant:
(c) every person who, in accordance with the provisions of this Act, acquires
hereditary rights.
‘TExplanation. - For the purposes of this section, 'sub-tenant' does not include a person
who holds land from a relation, dependant or servant of the landholders, unless such relation,
dependent or servant proves to the satisfaction of the Court that he is a genuine tenant of such
land and has not been admitted to prevent the accrual of hereditary rights in favour of such
person.]
30. [Land in which hereditary rights shall not accrue.] —
Notwithstanding anything in Section 29, hereditary rights shall not accrue in, -
(1) grove-land, pasture land, or land covered by water and used for the purpose of
growing singhara or other produce;
(2) land used for casual or occasional cultivation in the bed of a river;
(3) land acquired or held for a public purpose or a work of public utility; and in
particular, and without prejudice to the generality of this clause -
(a) lands at present, or which may, hereafter, be set apart for military
encamping grounds;
(b) lands situated within the limits of any cantonment;
(c) lands included within railway or canal boundaries;
(d) lands acquired by a town improvement trust, in accordance with a scheme
sanctioned under Section 42 of the United Provinces Town Improvement Act, 1919; or

* Add by U.P. Act 10 of 1947. w.e.f. 14.06.1947.

 U.P. Tenancy Act, 1939 20

by a municipality for a purpose mentioned in clause (a) or clause (c) of Section 8 of the
United Provinces Municipalities Act, 1916;
(e) lands within the boundaries of any Government forests;
(f) municipal trenching grounds;
(g) land held or acquired by educational institutions for purposes of instruction
in agriculture;
(4) such tracts of shifting or unstable cultivation as the State Government may specify
by notification in the official Gazette;
(5) such areas included in tea estates as the State Government with the previous
approval of both Houses of the Legislature, may notify as areas in which, in the interest of the
tea industry, hereditary rights should not accrue :
[Provided that, notwithstanding the inclusion of any plot in any notification issued
under this clause before the first day of September, 1946, such plot if held by a tenant the
aggregate area of whose holding exceeds one-half of an acre, shall be deemed never to have
been included in any such notification.
Provided further that if any tenant has been ejected since January 1, 1940, from any
plot to which the foregoing proviso applies on grounds other than those on which a hereditary
tenant is liable to ejectment, such ejected tenant shall be reinstated in such plot, if he applies
to a competent Court within six months from the date of the commencement of the United
Provinces Tenancy (Amendment) Act, 1947.]
(6) land transferred by a mortgage to which the provisions of the second paragraph of
sub-section (5) of Section 15 of the Agra Tenancy Act, 1926, apply during the period specified
in that paragraph;
71(7) The khudkasht of a landlord, permanent tenure-holder or under-proprietor, the
local rate payable by whom does not exceed Rupees 25 per annum, if such khudkasht is let
out when such landlord, permanent tenure-holder or under-proprietor is in the military, naval or
air service of the Government or within three months before the entry in or three months after
the cessation, of such service :
Provided that provisions of this clause shall not apply, -
(a) if, at the time such khudkasht is let out, there are several co-sharers in
such khudkasht and not all of them are in the service of the Government as aforesaid, unless
the co-sharers who are not in such service, belong to one or more of the following classes,
namely, females, minors, lunatics, idiots or persons incapable of cultivation by reason of
blindness or physical infirmity; and
(b) beyond the thirtieth day of June next following the expiry of two years after
the cessation of such service of landlord, permanent tenure-holder or under-proprietor, as the
case may be.]
(8) Lands notified by the State Government in accordance with rules to be framed by
the State Government for the purpose of tanugya plantation.
Explanation. - For the purposes of this sub-section 'taungya plantation’ means the
system of afforestation where under the plantation of forest trees according to a scientific
system, is done in the initial stages simultaneously with the cultivation of agricultural crop
which ceases when the young trees begin to form a canopy and make further cultivation of
agricultural crops impossible.

* add by U.P. Act 10 of 1947. w.e.f. 14.06.1947

* Add by U.P. Act 10 of 1947. w.e.f. 14.06.1947
 U.P. Tenancy Act, 1939 21

31. [Non-occupancy tenants.] - All tenants other than permanent tenure-holders,

fixed-rate tenants, tenants holding on special terms in Oudh, exproprietary tenants, occupancy
tenants and hereditary tenants are non-occupancy tenants.

CHAPTER IV
Devolution, Transfer, Extinction, Division, Exchange and Acquisition of
Tenancies
Devolution ami Transfer of Tenancies
32. [Interest of permanent tenure-holder, and fixed rate tenants, Interest of other
tenants.] - The interest of a permanent tenure-holder and of a fixed-rate tenant is both
heritable and transferable.
33. (1) The interest of a tenant holding on special terms in Oudh, of an exproprietary
tenant, of an occupancy tenant, of a hereditary tenant, and of a non-occupancy tenant is
heritable, but is not transferable otherwise than in accordance with the provisions of this Act.
(2) Nothing in the foregoing provisions of this section shall render illegal --
(a) a sub-lease of a holding as hereinafter provided;
(b) a sale of the interest of a tenant under the provisions of Section 251;
Provided that no person shall be deemed to be a co-tenant notwithstanding that he
may have shared in the cultivation of the holding, unless he was a co-tenant from the
commencement of the tenancy, or has become such by succession or has been specifically
recognised as such in writing by the landholder.
34. [Succession under personal law in certain cases.] - When a permanent tenure-
holder, a fixed rate tenant, an occupancy or an exproprietary tenant in Oudh or a tenant
holding on special terms in Oudh, dies, the interest in his holding shall devolve in accordance
with the personal law to which the deceased was subject.
35. [Succession to a male tenant.] - When a male tenant other than a tenant
mentioned in Section 34 dies, his interest in his holding shall devolve in accordance with the
order of succession given below :
(a) male lineal descendants in the male line of descent :
Provided that no member of this class shall inherit if any male descendant between him
and the deceased is alive;
(b) widow;
(c) father;
(d) mother, being a widow;
(e) step-mother, being a widow;
(f) father's father;
( g) father's mother, being a widow;
( h) widow of male lineal descendant in the male line of descent;
( i) unmarried daughter;
(j) brother, being the son of the same father as the deceased;
(k) daughter's son;
(I) brother's son, the brother having been a son of the same father as the
deceased;
( m) father's brother;
( n) father's brother's son.
 U.P. Tenancy Act, 1939 22

36. [Succession to a female tenant holding an interest inherited as a widow etc.] -

(1) When a female tenant, other than a tenant mentioned in Section 34, who either
before or after the commencement of this Act has inherited an interest in a holding as a widow,
as a mother, as a step-mother, as a father's mother, or as a daughter dies or abandons such
holding, surrenders such holding, or a part of such holding or, in the case of a tenant inheriting
as a widow or as a daughter, marries, such holding or such part of such holding shall,
notwithstanding anything in Section 45, devolve in accordance with the order of succession
laid down in Section 35 on the heir of the last male tenant, other than a tenant who inherited
as a father's father under the provisions of that section.
(2) When a tenant, who inherits an interest in a holding as a father's father in
accordance with the provisions of sub-section (1), or of Section 35, abandons such holding or
surrenders such holding or a part of such holding or dies, such holding or such part shall,
notwithstanding anything in Section 45, devolve upon the nearest surviving heir of the last
male tenant, such heir being ascertained in accordance with the provisions of Section 35.
37. [Succession to other female tenant.] - When a female tenant, other than a tenant
mentioned in Section 34 or Section 36 dies, her interest in the holding shall devolve in
accordance with order of succession given below, -
(a) male lineal descendants in the male line of descent ;
Provided that no member of this class shall inherit, if any male descendant between
him and the deceased is alive;
(b) husband;
c) unmarried daughter;
NN

d) daughter's son;
e) brother;
f) brother's son.
38. [Passing of interest by survivorship.] - No person shall be deemed to have an
interest in a tenancy to which the provisions of Section 35, Section 36 or Section 37 apply
merely by reason of being joint in estate with any person with whom a contract of tenancy has
been made or who has succeeded to the interest of a tenant or who has become a tenant by
operation of law or otherwise; and except in the case of a co-widow of a co- tenant who dies
leaving no heir entitled to succeed under the provisions of this Act, no interest in such tenancy
shall pass by survivorship. Where the persons possessing such interest are joint in estate,
they shall be deemed for the purposes of succession to be tenants in common.
39. [Right to sub-let.] - (1) A tenant, other than a tenant of sir or a sub-tenant, may
sub-let the whole or any portion of his holding under such restrictions as are imposed by this
Act:
Provided that no such sub-letting shall in any way relieve that tenant of any of his liabilities to
his landholder.
(2) No tenant of sir and no sub-tenant shall sub-let the whole or any part of his holding.
40. [Restrictions on sub-letting.] - (1) No occupancy tenant in Agra, or exproprietary
tenant or hereditary tenant shall sub-let the whole or any portion of his holding for a term
exceeding five years, or within three years of any portion of such holding being held by a sub-
tenant.
(2) No non-occupancy tenant shall sub-let the whole or any portion of his holding for a
term exceeding one year or within one year of any portion of such holding being held by a sub-
tenant.
41. [Upon from restrictions on sub-letting by disabled persons.] —
 U.P. Tenancy Act, 1939 23

(1) The restrictions imposed by Section 40 on the sub-letting of a holding or portion of a

holding shall not apply when the lessor is a female, a minor, a lunatic, an idiot, or a person
incapable of cultivating by reason of blindness or physical infirmity, or because he is in the
military, naval or air service of the Government.
Provided that in the case of a holding held jointly by more persons than one, the
provisions of this sub-section shall not apply, unless either such persons are incapable of
cultivating because one or more of them is in the military, naval or air service of the
Government or all such persons are of one or more of the remaining descriptions specified
therein.
(2) A sub-lease which would be invalid but for the provisions of sub-section (1), shall
not remain in force for more than three years after the lessor dies or ceases to come within
any of the descriptions specified therein.
42.[Registration of sub leases.] ‘[Omitted.]
43. [Successor bound by sub-lease.] - When a tenant has sub-let, the successor-in-
interest of such tenant shall be bound by the terms of the sub-lease, in so far as they are
consistent with the provisions of this Act.
44. [Transfers which are void or voidable.] - (1) Every transfer, other than a sub-
lease, made by a tenant in contravention of the provisions of this Act, and every sub-lease
made by a tenant of sir, or by a sub-tenant in contravention of the provisions of sub-section (2)
of Section 39, shall be void.
(2) Every sub-lease made by a tenant in contravention of the provisions of this Act,
other than a sub-lease, which is void under sub-section (1), shall be voidable at the option of
the land holder.
Extinction of Tenancies
45. [Tenancy when extinguished.] - The interest of tenant shall be extinguished, -
(a) when he dies, leaving no heir entitled to inherit, in accordance with the
provisions of this Act;
(b) in land, which has been sold in execution of a decree for arrears of rent, or
from which he has been ejected in execution Of a decree or order of a Court;
(c) subject to the provisions of Sections 82 to 88, by surrender, or by
abandonment:
(d) in land which has been acquired under the provisions of the Land
Acquisition Act, 1894;
(e) subject to the proviso to Section 46, by merger;
(f) where the tenant has been deprived of possession and his right to recover
possession is barred by limitation.

46. [Merger.] - Where a tenant acquires or succeeds to the entire proprietary right in
his holding or where the holder of the entire proprietary right over a holding inherits or
otherwise acquires the holding, the tenancy is extinguished :
Provided that if the transaction by which the proprietary right was acquired is afterwards set
aside by the order of the competent Court, or if such a right is lost in consequence of the
exercise of a right of pre-emption, the tenancy shall revive.
Explanation. - In this section the words "proprietary right" include the rights of an
under-proprietor, of a permanent lessee, and of a permanent tenure-holder.

* Omitted by U.P. Act 10 of 1947. w.e.f. 14.06.1947

 U.P. Tenancy Act, 1939 24

47. [Rights of sub-tenant and mortgagee on extinction of tenant's interest.] - (1)

Except as otherwise provided in sub-section (3) and sub-section (4), the extinction of the
interest of a tenant, other than a permanent tenure-holder or a fixed-rate tenant, shall operate
to extinguish the interest, of any tenant holding under him.
(2) Subject to the provisions of Section 16 of the Land Acquisition Act, 1894, the
extinction of the interest of permanent tenure-holder or a fixed-rate tenant shall not of itself
affect the rights of any transferee from such tenant under a valid transfer, but after the transfer
all covenants binding and enforceable as between the landholder and the tenant shall be
binding and enforceable as between the landholder and the transferee.
(3) Where, at the time of the extinction by surrender or abandonment of the interest in
a holding of a tenant, other than a permanent tenure-holder or a fixed-rate tenant, there is in
existence a valid sub-lease or mortgage of the whole or of a portion of the holding executed
before the first day of January, 1902, all covenants binding and enforceable as between the
tenant and the sub-tenant or the mortgagee, as the case may be, shall, subject to the
provisions of sub-section (5) be binding and enforceable as between the tenant's landholder
and the sub-tenant or the mortgagee for the remainder of the term of the sub-lease or
mortgage, or for the lifetime of the tenant, or for ten years, whichever period may be the
shortest.
(4) Where, at the time of the extinction by surrender or abandonment, or by death
without any heir entitled to inherit such interest, of the interest in a holding of a tenant other
than a permanent tenure-holder or fixed-rate tenant, there is in existence a valid sub-lease of
the whole or of a portion of the holding, executed on or after the first day of January, 1902, all
covenants, binding and enforceable as between the tenant and the sub-tenant shall, subject to
the provisions of sub-section (5), be binding and enforceable as between the tenant's
landholder and the sub-tenant for the remainder of the term of the sub-lease or for five years,
whichever period may be the shorter.
(5) In the case referred to in sub-section (3) and sub-section (4), if the rent payable by
the sub-tenant is less than that hitherto payable by the tenant, the sub-tenant shall have the
option of vacating the holding, but shall, if he continues in possession, be liable to pay rent at
the rate hitherto payable by the tenant.
(6) Nothing in this section shall have the effect of limiting the right of the landholder to
have the rent of any holding enhanced under the provisions of Chapter VI of this Act, or to set
aside any sub-lease voidable under the provisions of sub-section (2) of Section 44.
48. [Rights and liabilities of sub-tenants on extinction of sub-tenancy.] - When the
interest of a sub-tenant is extinguished, he shall vacate his holding but shall have in respect of
the removal of standing crops and other products of the earth the same rights as the tenant
would have upon ejectment in accordance with the provisions of this Act.
Division, Exchange and Acquisition of Holdings
49. [Division of holdings.] - (1) A division of holding shall be accompanied by a distribution of
the rent payable in respect of such holding, and shall be effected only, -
(a) by agreement between the co-tenants; or
(b) by the decree in a suit instituted under the section by one or more of the co-
tenants against the other or the others.
Provided that no agreement for the division of a holding and the distribution of the rent
thereof shall be binding on the landholder unless he agrees thereto in writing.
(2) In any suit under this section the landholder shall be made a party.
(3) A suit for the division of more than one holding may be instituted, provided the
parties are the same.
 U.P. Tenancy Act, 1939 25

50. [Rights of tenants in land received in exchange from land- holder.] - A

landholder may, in agreement with a tenant, give such tenant land, other than land which is let,
in exchange for land included in such tenant's holding, and such tenant shall have the same
right in the land so received by him in exchange as he had in the land given in exchange.
51. [Exchange of land between tenants.] - (1) Tenants of the same class may agree
to exchange land which they hold from the same landlord, under-proprietor, permanent lessee
or permanent tenure-holder with his written consent, or which they hold from different
landlords, under-proprietors, permanent lessees or permanent tenure-holders with the written
consent of all such persons.
(2) On exchange the tenants shall have the same rights in the land received in
exchange as they had in the land given in exchange.
52. [Entry of exchange in record of rights.] - Persons who have exchanged land
under the provisions of sub-section (2) of Section 9, or of Section 10 or of Section 50 or
Section 51 may apply to the Assistant Collector incharge of the sub-division to have the
appropriate entry made in the record of rights.
53. [Exchange of land for consolidation of cultivated area, etc.] —
(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, ‘[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.

54. [Acquisition of land by landlord or under proprietor] [Omitted]

* Amended by U.P. Act 10 of 1947. w.e.f. 14.06.1947

? Omitted by U.P. Act 10 of 1947. w.e.f. 14.06.1947
 U.P. Tenancy Act, 1939 26

CHAPTER V
GENERAL PROVISIONS RELATING TO TENANCIES
Leases and Right to Measure Land
55. [Right to written leases and counterparts.] - (1) On admission to a holding, the
tenant is entitled to receive, front his landholder, a written lease consistent with the provisions
of this Act and the landholder, upon delivering or tendering to a tenant such a lease, is entitled
to receive from him a counterpart thereof.
(2) Such lease or counterpart shall contain, in addition to the name and description of
the landholder and of the tenant the following particulars, namely, -
(a) the class to which the tenant belongs;
(b) the area, numbered plots or boundaries of the holding;
(c) the rent payable in respect of the holding, and, whether fixed rent is payable
in cash or whether rent is payable by division of the produce, or is passed on an
appraisement or estimate of the standing crop or varies with the crop sown;
(d) the dates on which and the instalments in which the rent is payable;
(e) in the case of rent payable in kind, the time, place and manner of
appraisement, division or delivery of the crops;
(f) in the case of a non-occupancy tenant, the term for which the tenancy is to
run; and
(g) any special conditions not-inconsistent with provisions of this Act.
(3) Such lease or counterpart may be in the form given in the Third Schedule.
(4) If the lease or counterpart is not received by the person entitled to receive it under
the provisions of sub-section (1), he may bring a suit for such lease or counterpart, as the case
may be.
56. [Registration of leases.] - A lease for a period exceeding one year or from year to
year shall be made by a registered instrument only.

57. {XVI of 1908} [Attestation in lieu of registration.] - (1) When, under provisions of
this Act or the Indian Registration Act, 1908, or any other enactment for the time being in force
any lease, counterpart, grant, or agreement is required to be made by registered instrument,
and such lease, counterpart, grant or agreement, -
(a) is with respect to land held by a grove-holder as such, or to land let or
granted for the purpose of planting a grove, or
(b) relates to a tenancy, and stipulates for rent not exceeding one hundred
rupees annually,
the parties to such lease, counterpart, grant or agreement may, in lieu of registering the same,
obtain the attestation thereto of a Revenue court or of a Revenue officer, not inferior in rank to
a Qanungo or such other person as the [State Government] may, by general or special order
in this behalf, appoint and subject to such conditions, if any, as the [State Government] may,
by rules made under this Act, direct.
(2) Such court, officer or other person shall, after satisfying himself as to the identity of
the parties and their acquaintance with, and assent to, the term, of the lease, counterpart,
grant or agreement, make, sign, and date an endorsement thereon to the effect that he has so
satisfied himself.
(3) {XVI of 1908} No such instrument shall be accepted for attestation under this
section, unless presented within the period prescribed for presentation for registration under
Part IV of the Indian Registration Act, 1908.
 U.P. Tenancy Act, 1939 27

58. [Right to measure land.] - A landholder or his agent may, at all reasonable times
enter upon any land comprised in his estate or holding and not occupied by buildings for the
purpose of surveying and measuring such land.
Declaratory Suits
59. [Suit by tenant for declaration of right or share.] - (1) Any person claiming to be
a tenant or a joint tenant may sue the landholder for a declaration that he is a tenant, or for a
declaration of his share in such joint tenancy.
(2) In any suit under this section any person claiming to hold through the landholder,
whether as tenant or otherwise, shall be joined as a party.
60. [Suit for declaration of right of a person claiming to be tenant.] - The
landholder may sue any person claiming to be a tenant of a holding for a declaration of the
right of such person.
61. [Suit as to class of tenancy, etc.] - At any time during the continuance of tenancy
either the landholder or the tenant may sue for a declaration as to any of the matters specified
in sub-section (2) of Section 55.
62. [Single suit in respect of several holdings.] - A suit may be instituted under the
provisions of Section 59, Section 60 or Section 61, in respect of a number of holdings provided
that the parties are the same.
63. [Dispute with tenant whether land is sir or khudkasht.] - When land claimed by
a tenant as his holding or as being under his cultivation is also claimed by the landholder as
being held by him as his sir or knudkasht either the landholder or the tenant may sue for a
declaration of his status.
64. [Provision for injunctions.] - If, in the course of a suit under the provisions of any
of the last five preceding sections, it is proved by affidavit or otherwise, -
(a) that any property, tree or crops standing on the land in dispute is in danger
of being wasted, damaged or alienated by any party to the suit, or
(b) that any party to the suit threatens or intends to remove or dispose of the
said property, trees or crops, in order to defeat the ends of justice.
the Court may grant a temporary injunction and, if necessary, appoint a receiver.
Improvements
65. [Right of certain tenants to make improvements.] - (1) A permanent tenure-
holder, a fixed-rate tenant, an occupancy tenant in Oudh or a tenant holding on special terms
in Oudh may make any improvement.
(2) An occupancy tenant in Agra, an exproprietary tenant or hereditary tenant may
make any improvement, except that he may not make an improvement mentioned in sub-
clause (d) or sub-clause (e) of clause (ii) of sub-section (8) of Section 3, unless there is a local
custom entitling him to do so, or he has obtained the written consent of the landholder.
66. [Right of non-occupancy tenant to make improvements.] - No non-occupancy
tenant shall make any improvement unless he has obtained the written consent of his
landholder.
67. [Only certain landholders to give consent.] - No landholder other than a landlord
shall give consent to the making of an improvement which he is not himself entitled to make.
68. [Restriction on improvements.] - Nothing in this Chapter shall entitle a tenant or
a landholder to make an improvement on, or detrimental to, any land which is not included in
the holding to be benefited by such improvement unless he has obtained the written consent
of the landlord or of the mortgagee in possession or of the under proprietor or of the
permanent lessee, as the case may be, and of the tenant, if any, of such land.
 U.P. Tenancy Act, 1939 28

69. [Liability for full rent.] - A tenant making an improvement or planting trees, shall
in the absence of a written agreement to the contrary, continue to be liable to pay the full rent
of the holding.
70. [Application for permission when landholder refuses or omits to consent.] - A
tenant may apply to the landholder for his written consent to the making of an improvement
mentioned in clause (i) or sub-clause (d) or sub-clause (e) of clause (ii) of sub-section (8) of
Section 3, and except in the case of an improvement mentioned in clause (i) of sub-section (8)
of Section 3, if the landholder omits or refuses to grant such consent, may apply to the
Assistant Collector in-charge of the sub-division for permission to make such improvement.
71. [Right of landholder to make improvements.] - (1) A landholder may, with the
written consent of the tenant, make an improvement on or affecting the holding of a tenant
other than a tenant to whom sub-section (1) of Section 65 applies :
Provided that if the landholder is not the landlord, he shall not make any improvement
which he is not under the provisions of this Act, entitled to make :
Provided further that no such written consent shall be required if the tenant is a non-
occupancy tenant, or if the improvement, which the landholder desires to make, is a well.
(2) If the tenant omits or refuses to grant such written consent, the landholder may
apply to the Assistant Collector in charge of the sub-division for permission to make the
improvement.
(3) A landholder making an improvement on, or affecting the holding of any tenant,
shall be liable to compensate the tenant for any loss which he may cause to the tenant when
making it.
(4) If the effect of an improvement made by a landholder is to impair the productive
powers of any land held by any tenant from such landholder such tenant shall in addition to
any compensation which may be awarded him under sub-section (3), be entitled to such
abatement of his rent as Court considers just.
72. [When permission may be granted or refused by Assistant Collector.] —
(1) The Assistant Collector to whom an application is made under the provisions of Section 70
or Section 71 may, after hearing the parties and making such further inquiry as he thinks fit,
grant permission to make the improvement, subject to such restrictions, if any, as he may
deem reasonable or may refuse permission :
Provided that the Assistant Collector, -
(a) shall not grant permission for a work which, -
(i) is not an improvement as defined in this Act,
(ii) is too costly for the purpose for which it is intended,
(iii) is not an improvement which the applicant is entitled to make,
(iv) requires written consent under the provisions of Section 68, unless
such consent has been previously obtained;
(b) may, in the case of an application made under the provisions of Section 70,
refuse permission if the other party is prepared to make the improvement within a time
fixed by the Court, and may order that, if the improvement is not so made, the applicant
shall be entitled to make it himself.
(2) An order of the Assistant Collector granting permission to make and improvement
shall be deemed to be the written consent of the landholder or of the tenant, as the case may
be, to the making of the improvement in the manner specified in such order.
73. [Compensation for improvement made with landholder's consent or by
entitled persons.] - A tenant who has, with the written consent of the landholder, made an
improvement mentioned in clause (i) of sub-section (8) of Section 3, or who has made any
 U.P. Tenancy Act, 1939 29

other improvement which he is entitled to make shall be entitled to compensation in the

following cases :
(a) when a decree or order for his ejectment is passed; or
(b) when he has been wrongfully dispossessed by his landholder and has not
recovered possession of his holding :
Provided that, except in the case of air improvement mentioned in clause (i) of sub-
section (8) of Section 3, compensation shall not be payable for any improvement made thirty
years or more before the date on which the ejectment is to take effect :
Provided further that a tenant, ejected in execution of a decree passed in a suit for
ejectment or in pursuance of a notice of ejectment, shall not be entitled to compensation for
any improvement begun by him after the date of the institution of the suit or of the application
for the issue of the notice which resulted in his ejectment.
74. [Compensation for certain buildings when erected without landholder's
consent.] - A tenant, who has made an improvement mentioned in clause (i) of sub-section
(8) of Section 3, and who has not obtained the landholder's written consent thereto, shall, -
(a) be entitled to compensation when he has been wrongfully dispossessed by
his landholder and has not recovered possession of his holding, and
(b) when a decree or order is passed for his ejectment, be entitled before the
date of delivery of possession, or with the permission of the Court and, subject to such
terms as it may direct, before some later date, to sell such improvement to any person
with the landholder's written consent, or to remove the materials thereof.
75. [Amount of compensation.] - (1) When under any provision of this Act the Court
has to determine the amount of compensation due on account of an improvement, it shall have
regard, -
(a) to the amount by which the value or the produce of the holding or the value of that
produce is increased by the work;
(b) to the condition of such work, and the probable duration of its effects;
(c) to the labour and capital required for the making of such work, allowing for, -
(i) any reduction or remission of rent or any other advantage allowed to the
tenant by the landholder in consideration of the work;
(ii) any assistance given to the tenant by the landholder in money, material or
labour, and
(ili) in the case of a reclamation of the conversion of unirrigated to irrigated land,
the length of time during which the party claiming compensation has had the benefit of
the improvement.
(2) When an improvement benefits the land from which a tenant has been ejected or
wrongfully dispossessed and also other land in his possession, compensation shall be
determined with reference to the extent to which the first mentioned land has benefited by
such work.

76. [Works benefiting other land.] - (1) If a tenant has made an improvement on land
which is sold in execution of a decree for arrears of rent or from which he is ejected, the
purchaser or the landholder, as the case may be, shall become the owner of the work, but the
tenant shall be entitled to the benefit of the work, in respect of the land remaining in his
possession to the same extent and in the same manner as it has hitherto benefited thereby.
(2) If a tenant has made an improvement on land which remains in his possession after
a portion of his land has been sold in execution of a decree for arrears of rent or after he has
been ejected from a portion of his land, the purchaser or the land- bolder, as the case may be,
 U.P. Tenancy Act, 1939 30

shall be entitled to the benefit of such work in respect of the land which does not remain in the
possession of the tenant to the same extent and in the same manner as it has hitherto
benefited thereby.
(3) If a landholder has executed a work which benefits the holding of a tenant and the
whole or any portion of such holding is sold in execution of a decree for arrears of rent, the
purchaser shall be entitled to the benefit of such work in respect of the land sold to the same
extent and in the same manner as such land has hitherto benefited thereby.
77. [Registration of outlay on improvement.] - (1) If either the landholder or the
tenant desires that the amount expended on an improvement, executed with the permission of
the Assistant Collector in-charge of the sub-division under the provisions of Section 72, should
be determined, the Assistant Collector in charge of the sub-division shall, on application made
to him for the purpose, and after due notice to the other party, determine the amount of the
outlay and enter it in a register kept in the prescribed form.
(2) The entry in the register shall be conclusive proof of the amount of the outlay in any
subsequent proceedings between the parties to the application or their successors-in-interest
respecting the cost of the work.
78. [Compensation by agreement.] - When a Court has assessed the amount of
compensation due to a tenant it may, if both, the landholder and the tenant desire that the
compensation assessed, instead of being paid wholly in money, shall be made wholly or partly
in some other way, proceed to give judgment according to the terms agreed between them.
79. [Dispute as regards improvement, how settled.] - If a question arises between a tenant
and his landholder, -
(a) as to the right to make a work, or
(b) as to whether a particular work is an improvement, or
(c) as to the amount of compensation due under sub-section (3) or of abetment
of rent under sub-section (4) of Section 71, or
(d) as to the right to the benefit of the improvement under Section 76,
The Assistant Collector in charge of the sub-division shall, on the application of either party,
decide the question.
Trees
80. [Right of tenants to plant trees.] - (1) A tenant, other than a non-occupancy
tenant, may plant trees on his holding.
(2) If a tenant plants, or proposes to plant, trees in such a way as to diminish the value
of land not included in his holding, any person, whose consent is required under the provisions
of Section 68, may apply to the Assistant Collector in-charge of the sub-division for an order
prohibiting the planting of trees on certain land or directing the tenant to remove trees already
planted thereon, and the Assistant Collector may, after hearing such of the parties as wish to
be heard, either grant the application subject to such modification, if any, as he think fit or
reject it.
81. [Tenant's right in trees existing at the commencement of the Act.] - (1)
Notwithstanding anything in this Act or any custom or contract to the contrary, scattered trees
situated on the holding of a tenant other than a sub-tenant or tenant of sir, otherwise than on
the boundary thereof, and existing at the commencement of this Act, shall vest in such tenant,
provided that such tenant has been continuously in possession of such holding from the
beginning of the agricultural year 1335 Fasli.
(2) If any question arises between a landholder and a tenant regarding the ownership
of trees it shall, on the application of either party, be decided by the Assistant Collector in-
charge of the sub-division.
 U.P. Tenancy Act, 1939 31

Surrender and Abandonment

82. [Surrender by tenant.] - (1) A tenant not bound by a lease or other agreement for
a fixed period to continue to occupy the land in the following year, may, at the end of any
agricultural year surrender his holding, by sending a registered notice to his landholder
intimating his intention to do so and by giving up possession thereof, whether such holding is
or is not sub-let or mortgaged, but he shall not be entitled to surrender a portion only of his
holding unless -
(a) the holding is situated in an alluvial mahal for the time being registered as
such under the rules made under clause (k) of Section 234 of the United Provinces
Land Revenue Act, 1901, and a part of the holding has been washed away or rendered
unculturable by fluvial action; or
(b) the holding is situated in an alluvial mahal as aforesaid, or in a tract notified
by the [State Government] under the provisions of sub-section (4) of Section 30 and
the rent thereof has been agreed or fixed with reference to the amount of land actually
cultivated in each year.
Provided that an exproprietary tenant shall not surrender his holding or any part thereof
until the expiry of a period, which, if his rights accrued on a mortgage, shall be three years
and, in other cases, six months, from such accrual.
(2) Notwithstanding such surrender, unless the tenant sends such registered notice
before the first day of April, he shall be liable to the landholder for the rent of holding for the
agricultural years next following the date of the surrender.
Provided that the tenant shall not be so liable in respect of any period during which the
holding is let to another tenant, or is taken into his own cultivation or use by the landholder.
(3) Subject to the provisions of the proviso to sub-section (1), nothing in this section
shall affect any arrangement by which a tenant and his landholder may agree to the surrender
of the whole or any portion of a holding.
83. [Surrender on enhancement.] - Notwithstanding anything in the last preceding
section when a decree or order for the enhancement of the rent of any holding is passed, and
the tenant thereof within thirty days of the date of such decree or order gives to the landholder
a registered notice in writing of his desire to surrender such holding at the date on which such
enhancement takes effect, and surrenders such holding accordingly, he shall not be liable for
the rent payable for such holding in respect of any period subsequent to such surrender.
84. [Notice through tahsildar.] - Any tenant, instead of or in addition to, himself
sending a registered notice to the landholder under Section 82 or Section 83, may, before the
expiry of the period prescribed for sending such notice, make an application to the tahsildar
who shall thereupon cause the notice to be served on such landholder; the tenant paying the
cost of the service.
85. [Suit to set aside notice.] - (1) When any such notice has been received by, or
served on a landholder he may institute a suit to have such notice declared invalid and the
Court shall thereupon determine the question between the parties.
(2) If the landholder does not institute such suit he shall be deemed to have accepted the
surrender.
86. [Taking possession of holding surrendered.] - Subject to the provisions of
Section 36 landholder may enter upon, and take possession of a holding or a part of a holding
surrendered in accordance with the provisions of the Act.
87. [Abandonment.] - (1) Subject to the provisions of sub-sections (2) and (3), a
tenant, who ceases to cultivate and leaves the neighbourhood, shall not lose his interest in his
 U.P. Tenancy Act, 1939 32

holding, if he leaves in charge thereof a person responsible for payment of the rent as it falls
due and gives written notice to the land- holder of such arrangement.
(2) If the person so left in charge is a person, -
(a) on whom, in the event of the tenant's death, the tenant's interest would
devolve; or
(b) who is to manage the holding for the benefit of the person on whom in the
event of the tenant's death the tenant's interest would devolve, the tenant shall on the
expiry of a period of five years, lose his interest in his holding unless he, within such
period, resumes cultivation thereof, and such interest shall devolve on the person on
whom the tenant's interest would devolve in the event of his death.
(3) If the person so left in charge is not a person mentioned in sub-section (2), the
tenant shall, on the expiry of the period for which he could have sub-let, be *presumed to have
abandoned his holding, unless within such period he resumes cultivation thereof.
(4) A tenant who ceases to cultivate and leaves the neighbourhood otherwise than in
accordance with the provisions of sub-section (1), shall be presumed to have abandoned his
holding.
88. [Notice through tahsildar.] - Subject to the provisions of Section 36, where a
tenant is presumed to have abandoned his holding, the landholder shall file a notice in the
office of the tahsildar, stating that he wishes to treat the holding as abandoned and is about to
enter on it accordingly, and the tahsildar shall cause such notice to be served or to be
published in such manner as the Board may by rule direct, and after the expiry of a period of
fifteen days from the date of service of such notice or of the publication thereof the landholder
may enter upon the holding and let it to another tenant or take it under his own cultivation.
I88A. Plea of abandonment by a tenant of abandoned holding. - A person claiming to
be tenant of an abandoned holding or any part of such holding may, in any legal proceedings,
take the plea of abandonment by the previous tenant.]
89. [Application of Section 183 to abandonment cases.] - A landholder who enters
upon a holding in contravention of the provisions of Section 88 shall be deemed to have
ejected the tenant otherwise than in accordance with the provisions of this Act within the
meaning of Section 183.
Premia, Forced Labour and Illegal Cesses
90. [Taking a premium or making service a condition of tenancy prohibited.] - No
landholder shall take a premium for the admission of a tenant to a holding, and it shall not be a
condition of any tenancy that the tenant shall render any service to or do any work for the
landholder, whether for wages or not.
91. [Illegal cesses.] - (1) Notwithstanding that the cess has been recorded under the
provisions of Section 56 or Section 86 of the United Provinces Land Revenue Act, 1901, no
cess which is levied in accordance with village custom, other than a payment in kind which
forms part of the rent payable for a holding, shall, after such date as may be notified by the
[State Government] in the official Gazette, be recoverable in any Civil or Revenue Court
unless such cess is sanctioned under the provisions of sub-section (2).
(2) The State Government may sanction the collection of any cess levied on account of
any bazar or fair and may impose on the collection of such cess any such condition regarding
conservancy, police or other establishments as it thinks fit.
(3) The State Government may, in case of doubt, declare whether any payment is a
cess to which the provisions of sub-section (1) or sub-section (2) apply.

* Added by U.P. Act 10 of 1947. w.e.f. 14.06.1947.

 U.P. Tenancy Act, 1939 33

(4) A landlord may apply to the Collector, that at the last revision of settlement, the
assessment of revenue on his land was based on the payment to him of cess which are
declared in this section to be irrecoverable, and, on receipt of such application the Collector
shall, with the approval of, and in accordance with rules made by the Board, remit such portion
of the land revenue payable by the applicant as he finds to have been assessed on account of
such cesses.

CHAPTER VI
Determination and Modification of Rent
General Provisions as to rent
92. [Initial rent of tenant.] - A tenant on being admitted to the occupation of land is
liable to pay such rent as may be agreed upon between him and his landholder.
93. [Presumption as to rent.] - The rent or rate of rent payable by a tenant shall be
presumed to be the rent or rate of rent previously payable by him until it is varied in
accordance with the provisions of Section 98.
94. [Suit for determination and for arrears of rent.] - (1) When no rent has been
fixed and any person has been admitted to the occupation of land, or permitted to retain
possession of land by anyone having a right to admit or permit him with the intention that a
contract of tenancy should thereby be effected, or becomes a hereditary tenant under the
provisions of this Act, either he or the person entitled to admit or permit him may, at any time
during the period of occupation or within three years after the expiry of such period, due to
have rent fixed thereon, and, subject to the law of limitation as to arrears of rent, for a decree
for arrears of such rent.
(2) In a suit under sub-section (1), the rent decreed shall be the rent payable in the
year previous to the year of admission, permission, or accrual of hereditary rights, as the case
may be, or if no rent was payable in such year, the rent shall be fixed in accordance with the
provisions of this Chapter.
95. [Determination of rent on partial ejectment or surrender.] - Where a tenant is
ejected from a part only of his holding under a decree or order of Court, or, being entitled to
surrender a part of his holding, legally surrenders such part, either he or his landholder may, at
any time, apply to the Court in which a suit for ejectment would lie for the determination of the
rent of the remainder.
96. [U.P. Ill of 1901, U.P. IIl of 1926, XXII of 1901, U.P. Ill of 1901] [Period for which
rent is not liable to modification.] - (1) Save as provided in Section 126 of this Act and in
Section 87 of the United Provinces Land Revenue Act, 1901, when the rent of an
exproprietary, an occupancy or hereditary tenant or of a tenant holding on special terms in
Oudh has been agreed upon, fixed, commuted, abated or enhanced in accordance with the
provisions of this Act, the Agra Tenancy Act, 1926, the Oudh Rent Act, 1886, or the United
Provinces Land Revenue Act, 1901, it shall not be liable to enhancement or abatement until or
unless :-
(a) a period of ten years, or such longer period as may have been decreed or
ordered, has elapsed; or
(b) the period of the settlement of the local area in which the holding is situated
has come to an end; or
 U.P. Tenancy Act, 1939 34

(c) the area of the tenant's holding has been increased by alluvion or decreased
by diluvion or encroachment, or by the taking up of land for a public purpose, or fora
work of public utility, or under the provisions of Section 54; or
(d) the productive powers of the land held by the tenant have been increased
by fluvial action, or by an improvement effected by, or at the expense of landholder, or
decreased by an improvement made by the landholder or by any cause beyond the
control of the tenant.
(2) Where the rent has been varied merely on any of the grounds mentioned in clauses
(c) and (d) of sub-section (1), such variation shall not be considered in computing the period
mentioned in clause (a) of that subsection.
97. [Effect of enhancement of rent of non-occupancy tenant under the Act.] - If
the rent of a non-occupancy tenant, not being a tenant of sir or a sub-tenant, is enhanced
under the provisions of this Act, the tenant shall be entitled to hold the land at the enhanced
rent for a term of not less than five years from the beginning of the agricultural year in which
such enhancement takes effect.
98. [Method of varying rent.] - Subject to the provisions of this Act, the rent of a
tenant may be fixed, commuted, abated or enhanced only, -
(a) by registered agreement;
(b) by decree or order of a revenue Court;
(c) by a compromise filed in a suit or proceeding, provided that such compromise is
filed in the Court which is competent to fix, commute, abate or enhance the rent.
99. [VIII of 1973] [Saving of enhancement or abatement under the Northern India
Canal and Drainage Act.] - Nothing in this Act shall bar the right of a tenant to abatement of
rent under Section 11 of the Northern India Canal and Drainage Act, 1873, or the right of a
landholder to enhancement of rent under Section 12 of that Act.
100. [Restriction on institution of suits for variation of rent.] - Notwithstanding
anything in this Chapter when a local area is under settlement, no suit for determination,
commutation, abatement or enhancement of rent shall be maintainable under this Act until the
time for making applications to the Settlement Officer, under Section 87 of the United
Provinces Land Revenue Act, 1901, has passed.
101. [Rent how calculated for communication etc. of rent.] - (1) Subject to the
provisions of Section 102, Section 103, Section 111 and Section 126, in a suit in which rent is
to be commuted, determined, abated or enhanced, the Court shall calculate the rent, -
(a) in the case of occupancy tenants, in accordance with the rates sanctioned
for occupancy tenants;
(b) in the case of exproprietary tenants, and of tenants holding on special terms
in Oudh, in accordance with rates which shall be less than the corresponding rates sanctioned
for occupancy tenants by two annas in the rupee;
(c) in the case of hereditary and non-occupancy tenants, in accordance with the
rates sanctioned for hereditary tenants :
Provided that in suits for the abatement of rent of sub-tenants or tenants of sir,
sanctioned rates shall be deemed to have been increased by thirty-three and one-third per
cent:
Provided further that for special reasons to be recorded, the Court may modify the
rates applicable to any particular case.
(2) When rent, which is payable partly in cash and partly in kind, is abated or
enhancement under the provisions of sub-section (1), the Court shall not alter that portion of
the rent which is payable in kind and shall abate or enhance that portion of the rent which is
 U.P. Tenancy Act, 1939 35

payable in cash, so that the amount of rent payable by the tenant, including the value, as
determined by it, of that portion of the rent which is payable in kind, shall be equal to the rent
that would have been payable by the tenant if his rent had been payable wholly in cash.
Provided that, if it sees fit, the Court may order that the rent shall be payable wholly in
cash.
102. [Basis of variation of rent in certain cases.] - (1) In any proceedings for
abatement of rent on the ground that the area of the holding has been decreased by diluvion
or encroachment or the taking up of land for a public purpose or a work of public utility or
under the provision of Section 54, or for enhancement on the ground that the area of the
holding has been increased by alluvion, the Court hall determine the rent with reference to the
existing rent and the decrease or increase in the area of the holding.
(2) In any proceedings for enhancement of rent on the ground that the productive
powers of the holding have been increased by fluvial action or by an improvement effected by
or at the expense of the landholder, or for abatement of rent on the ground that such powers
have been decreased by an improvement made by the landholder or by any cause beyond the
control of the tenant, the Court shall determine the rent with reference to the exiting rent and
the increase or decrease of the productive powers.
(3) In an application for the determination of the rent of a portion of a holding under
Section 95, the Court shall determine the rent, with reference to the rent payable before
ejectment or surrender and the loss of area due to such ejectment or surrender.
(4) In a suit for abatement of rent of an under-proprietor or of a permanent lessee on a
ground specified in the lease, agreement or decree, under which he holds, the Court shall
determine the rent in accordance with the terms of such lease, agreement or decree.
103. [Procedure when rent-rates not determined.] - In any district, part of a district
or local area for which rent-rates have not been determined, the Court shall decide any
question relating the commutation, determination, abatement or enhancement of rent after
making a local inspection and considering the rent generally payable by tenants of the same
class for land of the same class in the vicinity.
Rent rates and appointment of Rent-rates Officer
104. [U.P. Ill of 1901, U.P. Ill of 1886, U.P. IIl of 1926] [Rent-rates applicable.] - In
any district, part of a district or local area for which rent-rates have been determined, the
sanctioned rates for the purposes of this Act shall be, -
(a) the rates determined at the latest settlement or the latest revision of
settlement made under the United Provinces Land Revenue Act, 1901; or
(b) the rates determined under the Agra Tenancy Act, 1926, or the Oudh Rent
Act, 1886, as the case may be; or
(c) the rates determined under the provisions of this Act, whichever are the
latest.
105. [Provision if rent rates did or did not distinguish between occupancy, non-
occupancy and statutory tenants.] - (1) If the rent-rates referred to in Section 104 do not
distinguish between occupancy and non-occupancy or statutory tenants, such rates shall be
deemed to be sanctioned rates for both occupancy and hereditary tenants.
(2) If the rent-rates referred to in sub-section (1) distinguished between occupancy and
non-occupancy or statutory tenants, the rates sanctioned for either non-occupancy or statutory
tenants shall be deemed to be sanctioned rates for hereditary tenants.
106. [U.P. Ill of 1901] [Order for determining rent rates.] - Notwithstanding anything
to the contrary in the United Provinces Land Revenue Act, 1901, the State Government may,
by notification in the Official Gazette, order that rent-rates shall be determined for any
 U.P. Tenancy Act, 1939 36

specified district or part of a district or local area, whether by revision of the most recent rent-
rates or otherwise and may appoint an officer having powers, not less than those of an
Assistant Collector of the first class, hereinafter called a Rent-rate Officer, to propose rent-
rates for occupancy and hereditary tenants in accordance with the provisions of this Act and
with rules made by the Board.
107. [Duration of rent-rates.] - When rent-rates have been determined under the
provisions of this Act for any district, part of a district or local area, they shall not again be
determined, until a period of 20 years has elapsed, or the term of settlement of such district,
part of a district or local area has expired:
Provided that the State Government may order the determination of rent-rates at an
earlier date on the ground that there has been a substantial rise or fall in the price of
agricultural produce or of any particular form of produce.
Provided further that the State Government may postpone determination of rent-rates
for such period, as it may deem fit, either on the ground that there has been no substantial rise
or fall in the price of agricultural produce or on grounds of administrative convenience.
108. [Additional powers of rent-rates officer.] - (1) In addition to proposing rent-
rates according to the provisions of this Act, the rent-rate officer shall, if so empowered by the
[State Government], decide suits for the determination, commutation, abatement and
enhancement of rent in accordance with the provisions of this Act.
(2) Such suits may be instituted in his Court within such period as may be fixed by him
with the sanction of the Board.
Procedure in determining Rent-rates
109. [Circles and soil classification.] - (1) If the local area has previously been
divided into assessment circles under the United Provinces Land Revenue Act, 1901, the
Rent-rate Officer shall propose separate rates for each circle and for each separate class of
soil previously demarcated therein, unless by order of the Board the circles or the classification
of soils, or both are revised by him. [U.-P. Ill of 1901]
(2) If a local area has not been so divided into assessment circles, or if a classification
of the soil thereof has not been so made, or if the Board order a revision of the existing circles,
or soil classification or both, the Rent-rate Officer shall make circles and classify the soils in
the manner prescribed by Section 63 of the United Provinces Land Revenue Act, 1901, and by
rules made under Section 62 of that Act, and shall propose rates for each class of soil in each
circle. (U.P. Ill of 1901]
110. [Basis of rates for hereditary and occupancy tenants.] - (1) The rates
proposed by the Rent-rate Officer for hereditary tenants shall be such as will result in rents
payable without hardship over a series of years by cultivating hereditary tenants with
substantial holdings and shall be based on genuine and stable rents paid by such tenants.
(2) In considering whether the genuine and stable rents paid by such tenants are
payable without hardship over a series of years, the Rent-rate Officer shall have regard to, and
compare, -
(a) the level of rents paid by tenants who held, or were admitted to land, at
different times, and in particular the level of rents agreed to by tenants who were
admitted to holdings in or between the years 1309 Fasli, and 1313 Fasii;
(b) the prices of agricultural produce prevailing at such times;
(c) changes in the crops grown and in the amount of the produce;
(d) the value of the produce with a view to seeing that the valuation of the
holdings of hereditary tenants at the proposed rates does not exceed one-fifth of such
value;
 U.P. Tenancy Act, 1939 37

(e) the expenses of cultivation, and the cost to the cultivator of maintaining
himself and his family.
(3) In proposing rates for occupancy tenants in Agra the Rent-rate Officer shall have
regard to the rates which he has proposed for hereditary tenants, and also to the rent actually
paid by occupancy tenants, distinguishing between holdings of old and of recent standing. In
Oudh the rates proposed for occupancy tenants shall be two annas in the rupee less than the
corresponding rates for hereditary tenants.
(4) The Rent-rate Officer shall also record for each village whether the rates proposed
by him are applicable without modification or the extent to which they require modification
either for the village as a whole or for a specified area or class of soil therein, and in their
application to such village, area, or class the rates shall be deemed to be modified
accordingly.
111. [Provision for rates in special cases.] - The Rent-rate Officer shall not propose
rates for other classes of tenants but, -
(i) in tracts of unstable and shifting cultivating he may propose modified rates for non-
occupancy tenants;
(ii) he may, and when the greater part of the rent of a village is paid in kind shall,
propose rates for the commutation of such rents.
112. [Procedure in publishing and sanctioning rent-rates.] - (1) The Rent-rate
Officer shall publish in such manner as may be prescribed the proposals and records made by
him under Section 110 and Section 111 and shall receive and consider any objections which
may be made to them.
(2) When such objections, if any, have been considered and disposed of according to
the prescribed procedure the Rent-rate Officer shall submit the proposals and records made
by him after such modification, if any, as he may think fit to the Board.
(3) On receipt of the proposals and records submitted by the Rent-rate Officer under
sub-section (2), the Board may direct further inquiry into any of the matters contained therein.
(4) The Board shall either sanction the proposed circles, soil classifications, rent-rates
and other matters recorded under Sections 110 and Section 111 or may, for reasons to be
recorded, sanction them with such modification as they think fit and the rates so sanctioned
shall be sanctioned rates.
Commutation, Abatement and Enhancement of Rent
113. [Commutation of rent.] - Where rent has heretofore been paid in kind, or based
on an estimate or appraisement of the standing crop or on rates varying with the crops sown
or partly in one of such ways and partly in another or other of such ways, the landholder or the
tenant may use for the commutation of such rent to a fixed money rent, and the Court shall
decree the suit unless, in a case in which the landholder is the plaintiff, on a plea by the tenant
that the cultivated area or the produce of the holding is exceptionally liable to fluctuation by
reason of damage by wild animals, flooding, and the like, it considers that commutation is
undesirable, in which case it shall dismiss the suit.
114. [Ground of abatement of rent.] - The rent of a tenant, other than a permanent
tenure-holder, or a fixed-rate tenant, shall be liable to abatement under this Act on one or
more of the following grounds only :-
(a) that the rent payable by the tenant is substantially greater than the rent
calculated at the sanctioned rates appropriate to him; or
(b) that the productive powers of the land held by the tenant have been
decreased by an improvement made by the landholder or by any cause beyond the tenant's
control during the currency of the present rent; or
 U.P. Tenancy Act, 1939 38

(c) that the area of his holding has been decreased by diluvion or
encroachment or by the taking up of land for a public purpose or for a work of public utility; or
(d) that the rent is liable to abatement on some ground specified in a lease,
agreement or decree under which he holds.
115. [Abatement of rent of fixed-rate tenants.] - The rent of a fixed-rate tenant shall
be liable to abatement only on one of the grounds mentioned in clause (c) of Section 114.
116. [Abatement of rent of under-proprietor and permanent lessee.] - The rent of
an under proprietor, other than an under-proprietor who holds a sub-settlement, and of
permanent lessee, other than a permanent lessee of a whole mahal or patti, shall be liable to
abatement only on one of the ground mentioned in clause (c) of Section 114, or on some
ground specified in the lease, agreement or decree under which he holds.
117. [Grounds of enhancement of rent.] - The rent of a tenant, other than a
permanent tenure-holder or a fixed-rate tenant, shall be liable to enhancement under this Act
on one or more of the following grounds only ;
(a) that the rent payable by the tenant is substantially less than the rent
calculated at the sanctioned rates appropriate to him; or
(b) that the productive powers of the land held by the tenant have been
increased by fluvial action; or
(c) that the productive powers of the land held by the tenant have been
increased by an improvement effected by or at the expense of the landholder; or
(d) that the area of the tenant's holding has been increased by alluvion.
118. [Enhancement of rent of fixed-rate tenant.] - The rent of a fixed-rate tenant
shall be liable to enhancement only on the ground specified in clause (d) of Section 117.
119. [Limits to enhancement of rent.] - (1) The rent of a tenant shall not be
enhanced by more than one-fourth of his existing rent, subject to the condition that the rent
fixed shall in no case be less than three quarters of the rent calculated at the appropriate
sanctioned rates.
(2) This section shall not apply to a decree or order of a Court for enhancement of rent
on account of an increase in area.
(3) In decreeing an enhancement of rent, if the enhancement is not less than one-
fourth of the existing rent, and if the Court considers that the immediate enforcement of the
decree to its full extent will be attended with hardship to the tenant, the Court may direct that
the enhancement shall take effect by yearly increments extending over any number of years
not exceeding three.
120. [Tenant's plea in enhancement suit.] - If a tenant who is sued for enhancement
of rent proves that the whole or any portion of the enhancement decreeable is due to an
improvement which was made by him within the last thirty years and which he was entitled to
make, the Court shall pass a decree only for such enhancement, if any, as it might have
decreed if the tenant had made no improvement.
121. [Decree or agreement in suits for determination, etc., of rent when to take
effect.] - Subject to the provisions of sub-section (4) of Section 126, every decree,
compromise or registered agreement for the determination, abatement, enhancement or
commutation of rent shall take effect from the commencement of the agricultural year next
following that in which the suit was instituted or the agreement was registered, unless, in the
case of a decree, the Court for reasons to be recorded, directs, or unless in the case of
compromise or a registered agreement, the compromise or agreement provides that it shall
take effect from some later date.
 U.P. Tenancy Act, 1939 39

122. [Joinder of parties in suit relating to variation of rent.] - (1) A suit for
commutation, abatement, or enhancement of rent may be instituted against, or by, any number
of exproprietary, occupancy, hereditary or non-occupancy tenants collectively :
Provided that all such tenants are tenants of the same land-holder, and all the holdings
in respect of which the suit is instituted, are situated in the same mahal and village.
(2) No decree shall be passed in any such suit affecting the interest of any person,
unless the Court is satisfied that he has had an opportunity of being heard.
(3) The decree shall specify the extent to which each of the holdings is affected
thereby.

Relief in Agricultural Calamities

123. [Remission or suspension of rent in natural calamities.] - (1) On the
occurrence of an agricultural calamity affecting the crops of any mahal or portion of a mahal,
the State Government or any authority empowered by it in this behalf may, in accordance with
the provisions of the Sixth Schedule, remit or suspend for any period the whole or any portion
of the rent of any holding affected by such calamity whether such holding is held immediately
from the landlord.
(2) When the State Government or any authority empowered by it in this behalf, remits
or suspends rent under the provisions of sub-section (1) it shall, in accordance with the
provisions of Sixth Schedule, remit or suspend for a like period, the whole or a portion of the
revenue assessed on such mahal.
124. [Finality of order under the preceding section.] - (1) An order passed under
Section 123 shall not be questioned in any civil or revenue Court.
(2) No suit or application shall lie for the recovery of any sum the payment of which has
been remitted under the provisions of Section 123 or, during the period of suspension, of any
sum the payment of which has been suspended under the provisions of that section.
125. [Period of suspension to be excluded in computing period of limitation.] -
When the payment of any sum has been suspended in accordance with the provisions of
Section 123, the period during which the suspension continues shall be excluded in the
computation of the period of limitation prescribed for a suit for the recovery of such sum.
Extraordinary and Emergency Provisions
126. [Revision of rent and revenue when there is a sudden rise in prices or in an
emergency.] - (1) Notwithstanding anything in this Act or in any other enactment for the time
being in force, when the State Government is satisfied that owing to some extraordinary cause
there has been a sudden and substantial rise in the price of agricultural produce or that an
emergency has arisen within any specified area or areas, it may, with the previous approval of
both Houses of Legislature, by notification in the official Gazette, appoint to such area or
areas, an officer having powers not less than those of an Assistant Collector of the first class
and invest him with all or any of the following powers :-
(a) The powers of a Rent-rate Officer under this Act;
(b) Power to fix, commute, abate or enhance rents in accordance with the
sanctioned rent-rates;
(c) Power, in an emergency, to abate rents summarily, otherwise than in
accordance with such rent-rates.
(2) An officer invested with powers under this section may be invested with them
generally or with reference to specified cases or classes or cases and shall have all the
powers of a Record Officer under Chapter IV of the United Provinces Land Revenue Act,
1901.
 U.P. Tenancy Act, 1939 40

(3) Nothing in this section shall apply to the rents payable by permanent tenure-holders
or fixed-rate tenants. [U.P. IIl of 1901]
(4) Every order settling or commuting rent under this section shall take effect from such
date, not preceding the beginning of the agricultural year next following the year in which the
order was passed as the officer passing it may direct.
(5) The State Government shall invest the officer appointed under this section with the
powers of Settlement Officer under Chapter V of the United Provinces Land Revenue Act,
1901, for the purpose of revising the revenue assessed on any mahal in which rents have
been settled or commuted under this section. [U.P. IIl of 1901]
(6) If as a result of the proceedings of the officer appointed under this section, the as
sets of amahal, calculated in accordance with the provisions of the United Provinces Land
Revenue Act, 1901, are increased or decrease, such officer shall increase or decrease, as the
case may be, the land revenue of such mahalin the proportion which such increased or
decreased assets bear to the assets before such increase or decrease was made. [U.P. Ill of
1901]
(7) An appeal against an order of the officer appointed under this section fixing,
abating, enhancing or commuting rent shall lie to the Commissioner.
(8) Except as provided in sub-section (7), no order under this section shall be
questioned in any civil or revenue Court.
' [126A. [Utilization of land in an emergency.] - (1) Notwithstanding anything
contained in this Act or any other enactment for the time being in force, when the State
Government is satisfied that an emergency has arisen in any area in Uttar Pradesh for
bringing under cultivation land which is not grove-land and which has not been previously
cultivated or, if previously cultivated, has remained uncultivated for more than one year, it may,
by notification on the official Gazette, declare the date from which and the period for which the
provisions of this section shall be in operation in such area.
(2) When a declaration under sub-section (1) has been made in respect of any area,
the Collector may, by means of a written notice, call upon the landholder of any such land
situated within such area, to let out for cultivation, within six months from the date of the
service of such notice, such land in the manner and order of preference prescribed in the rules
made by the Board in this behalf. Copies of the notice shall be fixed to the village chaupal or
other public places in the village. If the landholder satisfies the Collector that he has so let out
the land, the provisions of sub-section (3) of Section 4 shall apply to a contract entered into
between him and the tenant in respect of such land. In such proceedings, the Collector shall
consider the claims, if any, put forward by a person claiming preference to satisfy himself
whether the landholder has actually let out the land in accordance with the rules. If the
landholder shows to the satisfaction of the Collector within one month from the date of the
notice that the land is not capable of being utilized for agricultural purposes or that it is already
being properly utilized, the Collector shall cancel the notice :
Provided that where such land is in the possession of thekedar, the Collector shall
issue notice to both the thekedar and the landlord :
Provided also that the Collector may suspend the notice, if he is satisfied that the
landholder is making arrangements for the proper utilization of the land within the agricultural
year next following the date of the notice, and if the whole or any part of the land is so utilized
within the time, the notice remains suspended, the Collector shall cancel the notice in respect
of the whole or part of the land so utilized :

* Added by U.P. Act 10 of 1947. w.e.f. 14.06.1947

 U.P. Tenancy Act, 1939 41

Provided further that no notice shall be issued under this sub-section in respect of any
land which was being used on or after the first day of January, 1940, as pasture land,
threshing floor, irrigating tank or for some other purpose for the benefit of the public or a
section of the public.
(3) If the notice is neither complied with, nor cancelled-under sub-section (2), the
Collector shall, in accordance with the rules mentioned in subsection (2), let out such land to a
tenant on a rent to be determined in accordance with the provisions of this Act, and the tenant
to whom such land is let out shall be liable to pay such rent direct to the landholder and shall,
subject to the provisions of Section 30 become a hereditary tenant of such land.]

CHAPTER VII
Payment and Recovery of Rent
General
127. [Application of the Chapter to under-proprietors, etc.] - In this Chapter
"tenant" includes an under-proprietor and a permanent lessee.
128. [Hypothecation of produce towards payment of rent.] - (1) The produce of
ever)’ holding in the cultivation of a tenant and the fruit of every tree which stands on such
holding and which is the property of such tenant, shall be deemed to be hypothecated for the
rent payable in respect of such holding by such tenant and by every person, other than
a thekedar, intermediate between such tenant and the landlord: and until the demand for such
rent has been satisfied no other claim on such produce of fruit shall be enforced by sale in
execution of a decree of a civil or revenue Court, or otherwise.
(2) Nothing in this section shall be deemed to affect the provisions of Sections 2 to 4 of
the Bengal Indigo Contracts Regulation, 1823, or of Section 11 of the Opium Act, 1857, or of
Section 141 of the United Provinces Land Revenue Act, 1901.
129. [Presumption as to payment by tenant.] - Any payment made by a tenant from
whom rent is due to the landlord to whom it is due shall, in the absence of evidence of a
contrary intention on the part of the tenant, be deemed to be a payment on account of rent.
[Reg Vi of 1823. XIII of 1857, U.P. Ill of 1901]
130. [Application of rent payment.] - (1) A payment made by a tenant to his
landholder, whether in satisfaction of a decree or otherwise, shall not be applied to the
discharge of an arrear the recovery of which is barred by the law in force for the time being as
to the limitation of suits and applications.
(2) Subject to sub-section (1), when a tenant makes payment on account of rent to his
landholder with express intimation that he wishes the payments to be credited to any year,
instalment, or holding, the payment, if accepted, shall be credited accordingly, and if the tenant
makes no such intimation the landholder shall credit the payment to an earlier arrear in
preference to a later arrear and, where more than one arrear is of the same date, to a smaller
arrear in preference to a larger arrear.
(3) [Rent, how payable.] - Where the tenant makes a payment in respect of a decree
passed under the provisions of sub-section (2) of Section 150 without intimating that the
payment should be credited to the amount due in respect of any particular holding, the
payment shall be appropriated in such manner as to save as many holdings as possible for the
tenant.
131. A payment of a money rent may be made by the tenant to the landholder either
direct, or by postal money order or by deposit in accordance with the provisions of Section
137:
 U.P. Tenancy Act, 1939 42

Provided that the acceptance by a landholder of a sum paid by postal money order or
by deposit in Court shall not by itself or by virtue of anything written on the money order
coupon, be deemed to constitute an admission by him as to the amount of rent payable or due
on account of any particular year, instalment or holding, or an admission of the year as a
tenant.
132. [Presumption as to money order acknowledgement.] - Where rent is sent by postal
money order, in the case of acceptance, the payee's receipt, and in the case of refusal, the
endorsement of such refusal, on the money order duly stamped by the post- office shall be
admissible in evidence without formal proof and shall, until the contrary is proved, presumed to
be a correct record of such acceptance or refusal.
133. [Right of tenant to receipt.] - (1) Every tenant, lessee or licensee who makes a direct
payment on account of rent or sayar shall be entitled to obtain forthwith from the landholder a
written receipt for the amount so paid, signed by the landholder or his duly authorised agent.
(2) The landholder shall, from a book printed under the provisions of Section 136, give
a separate receipt for each sum paid on account of rent or sayar and shall prepare and retain
a counterfoil of such receipt given by him.
(3) If in any suit or proceeding between the landholder and a tenant in which the
payment of rent is in issue the landholder does not produce or, when ordered by the Court to
produce, fails to produce, such receipt book, the Court may make any presumption against the
landholder which it considers reasonable.
134. [Particulars of valid receipt.] - (1) The receipt and counterfoil shall specify the
following particulars, namely, -
(a) the names of the payer and payee;
(b) the name of the village with mahal and patti;
(c) the amount paid;
(d) whether the payment is on account of rent or sayar;
(e) where there is more than, one holding, an indication of the holding towards
the rent of which the payment has been credited;
(f) the year and instalment to which the payment has been credited;
(g) whether the payment has been accepted as payment in full, or only on
account; and
(h) the date on which the payment is made.
(2) If a receipt does not contain-substantially the particulars required by this section, or
if a joint receipt for rent and sayar has been given in contravention of sub-section (2) of
Section 133, it shall be presumed, until the contrary is shown, to be an acquittance in full of all
demands for rent and for sayar upto the date on which the receipt was given.
135. [Right of tenant to statement of account.] - The tenant shall, in accordance
with rules made by the Board be entitled, on paying a fee of four annas to the landholder, to
receive from him, within three months after the end of an agricultural year a statement of
account of rent and sayar, specifying such particulars as may, from time to time, be prescribed
by the Board either generally or for any particular local area or class of cases.
136. [Obligation of State Government to print and supply books of receipts.] -
The [State Government] shall cause to be printed and kept for sale to landholders at
all tahsils books of receipts with counterfoils in the form prescribed by Schedule V, at a rate
which the [State Government] may fix from time to time by notification in the official Gazette
and which shall not exceed the cost of production.
137. [Deposit of rent in the Court of tahsildar.] - (1) A tenant may make an
application for permission to deposit, in the Court of tahsildar an instalment or instalments of
 U.P. Tenancy Act, 1939 43

the unpaid balance of an instalment or instalments of rent in arrears on the date of such
application, and if such application complies substantially with the provisions of sub-section
(2), the tahsildar shall receive such deposit and grant a receipt therefor, which shall operate as
an acquittance for the amount deposited as if such amount had been received by the person
entitled to receive it.
(2) Such application shall specify the name of the person to whom the amount
deposited is due as arrears of rent, or where several persons are entitled to receive such
amount, either jointly or severally, the name of each of such persons, where the tenant
entertains a bona fide doubt as to who is entitled to receive such amount the name of the
person to whom rent was last paid and of the person now claiming it.
138. [Disposal of deposit by tahsildar.] - (1) if the tahsildar receives the deposit, he
shall cause a notice of the receipt of such deposit to be served free of charge on the person or
persons specified in the application and on any other person who, he has reason to believe, is
entitled to such deposit.
(2) The tahsildar may pay the amount of the deposit to any person appearing to him to
be entitled to the same or may, if in his opinion there is any doubt as to the person to whom
the deposit should be paid, retain such amount until such doubt is removed by order of Court
of competent jurisdiction.
(3) The payment may, it the tahsildar so directs, be made by postal money order.
(4) If no payment is made under this section before the expiration of three years from
the date on which a deposit is made, the amount deposited may, in the absence of any order
of a civil or revenue Court to the contrary, be repaid to the depositor on his application and on
his returning the receipt given by the tahsildar under the provisions of Section 137, or on Iris
producing such other evidence of his having made the deposit as the Court may consider
sufficient.
139. [Deposit of rent in Court during pendency of suit.] - A tenant who issued for a
portion of the rent of a holding under the provisions of sub-section (3) of Section 246 may
deposit the whole of the rent of such holding in the Court before which the suit is pending and
such deposit shall, subject to any orders passed in appeal, be disposed of in accordance with
the orders of such Court.
140. [Bar of suit.] - No suit or other proceeding shall be instituted against the
Government or against any servant of the Government in respect of anything done regarding a
deposit under the provisions of the foregoing sections of this Chapter; but any person
considering himself entitled to recover the amount of such deposit may sue to recover the
same from a person to whom it has been paid.
Produce Rent
141. [Rights and liabilities in respect of produce.] - (1) When the rent is based on an
estimate or appraisement of the standing crop, the tenant shall be entitled to the exclusive
possession of the crop.
(2) When the rent is payable by a division of the produce, the tenant shall be entitled to
the exclusive possession of the whole produce until it is divided, but shall not be entitled to
remove any portion of the produce from the threshing floor at such a time or in such a manner
as to prevent the due division thereof at the proper time.
(3) In either case the tenant shall be entitled to cut and harvest the produce in due
course of husbandry without any interference on the part of the landholder.
(4) If the tenant removes any portion of the produce, contrary to the provisions of sub-
section (2), the produce may, for the purpose of making an award under the provisions of
 U.P. Tenancy Act, 1939 44

Section 143, be deemed to have been equal to that of the best crop of the same kind grown at
that harvest on similar land in the neighbourhood.
142. [Application for officer to make division, estimate or appraisement.] - (1) When the
rent is payable by a division of the produce or is based on an estimate or appraisement of the
standing crop, -
(a) if either the landholder or the tenant neglects to attend at the proper time; or
(b) if there is a dispute about the division, quantity or value of the produce.
an application may be presented by either party to the tahsildar, requesting that an officer be
deputed to make the division, estimate or appraisement.
(2) With the application the applicant shall deposit such fee as may be prescribed by
the State Government in rules made in this behalf.
143. [Procedure on such application.] - (1) On receiving such application, the tahsildar shall
issue a written notice to the opposite party to attend on the date and at the time and place
specified in the notice, and shall depute an officer, by whom such division, estimate or
appraisement shall be made.
(2) If the opposite party objects that the rent is not payable by division of the produce or
is not based on an estimate or appraisement of the standing crop, or that no amount is to be
paid, such officer shall record the objection, but shall proceed as hereinafter provided.
(3) Such officer shall call on each of the parties to appoint, and shall himself appoint, a
resident of the neighbourhood, as an assessor to assist in the division of the produce, or in the
estimate or appraisement of the crop.
(4) If either party fails to attend, or refuses to appoint an assessor, such officer shall
nominate an assessor on his behalf.
(5) Such officer shall record the opinions of the assessors and, in making his award,
shall have regard thereto.
(6) In the case of a division of the produce, if the parties agree to the manner of
division proposed by the officer, the division shall be made accordingly. If the parties do not
agree to such manner of division, and in all cases in which the rent is based on an estimate or
appraisement of the standing crop or in which it is claimed that no rent is payable, such officer
shall make an estimate of the value of the produce or crop and determine the amount to be
paid. He shall then deliver his award and submit it with a report of his proceedings to the
tahsildar.
(7) Notice shall be issued to the parties that the award has been delivered and they
shall be entitled to file objections to the award within one week of the date of service of such
notice; and the tahsildar shall, after hearing such objections and making such further inquiry as
may appear to be necessary, confirm, modify or set aside the award, and if any amount is
found due shall pass an order for the payment of such amount and costs, if any, and such
order shall have the effect of a decree, for arrears of rent:
Provided that if the amount awarded under sub-section (6) exceeds two hundred
rupees the tahsildar shall forward the case to the Assistant Collector in charge of the sub-
division, who shall dispose.of it is accordance with the provisions of sub-section (7).
144. [Suit for arrears of produce rent.] - If rent which is based on an estimate or
appraisement of the standing crop or which is payable by a division of the produce is in arrears
and no order having the effect of a decree for arrears of rent has been passed under the
provisions of sub-section (7) of Section 143, the landholder may bring a suit for the recovery of
such arrears. In either case the Court shall determine the rent in accordance with the
provisions of Chapter VI.
 U.P. Tenancy Act, 1939 45

145. [Instalments, how fixed.] - The rent of a tenant shall be payable in the following
instalments and at the following dates :-
(a) if the instalments and dates have been agreed on by the parties to the
tenancy, the instalments and dates so agreed on;
(b) in the absence of any such agreement, if the instalments and dates have
been determined and recorded by a Settlement Officer, the instalments and dates so
determined and recorded;
(c) in other cases, in instalments proportionate to the land revenue instalments
payable one month before the dates, appointed for the payment of such instalments.
Arrears
146. [Rent when in arrear.] - Any instalment of rent not paid on or before the day
when it falls due becomes an arrear on the date following the day it fell due, and the tenant
shall thereupon become liable to pay interest on the arrears at the rate of one anna per rupee
per annum simple interest.

147. [Prohibition of arrest or detention for arrears.] - No decree for arrears of rent
shall be executed by the arrest or detention of a tenant.
148. [Methods of recovering arrears.] - Except as otherwise provided by this Act, an
arrear of rent shall be recoverable by suit, by notice through the tahsildar in accordance with
the provisions of this Act.
149. [Suit against co-tenant.] - A co-tenant, who has paid rent on account of another
co-tenant or from whom such rent has been recovered may sue such co-tenant for the amount
so paid.
150. [Joinder of claims for arrears.] - (1) A plaintiff may unite in the suit several
claims for arrears of rent against the same tenant, provided, that they are in respect of
holdings situated in the same village.
(2) In such a suit the decree shall specify separately the amount, if any, found due in
respect of the several holdings.
151. [Remission for calamity by Court decreeing claim for arrears.] - (1) If it
appears to a Court passing a decree in a suit for arrears of rent that the area of the holding
was so decreased by diluvion or otherwise, or that the produce thereof was so diminished by
drought, hail, deposit of sand or other like calamity during the period for which the arrear is
claimed that the full amount of rent payable by the tenant for that period cannot be equitably
decreed, the Court may, with the sanction of the Collector, allow such remission from the rent
payable by the tenant for that period as may appear to it to be just.
(2) An order of the Collector under sub-section (1), giving or refusing sanction to
remission of rent, shall not be questioned in any civil or revenue Court.
(3) Nothing in this section shall be deemed to authorize any remission in the rent
payable by a permanent tenure-holder, or a thekedar or, except when the area of a holding is
decreased by diluvion, by a fixed-rate tenant.
(4) No remission made under the provisions of this section shall be deemed to vary the
rent payable by the tenant otherwise than for the period in respect of which such remission
was made.
5) When a Court allows remission under this section the State Government or any
authority empowered by it in this behalf shall order consequential remissions of rent and
revenue in accordance with the principles contained in the Sixth Schedule :
Provided that nothing in this sub-section shall affect tracts assessed to revenue for
periods of five or eight years.
 U.P. Tenancy Act, 1939 46

(6) The provisions of this sub-section shall not apply to alluvial tracts in which there is a
local custom providing for remissions of the rent of holdings, the culturable area of which has
been decreased by diluvion, deposit of sand, or the like causes.
152. [Suit for arrears of irrigation dues.] - Any person to whom any sum is due on
account of canal dues under Section 47 of the Northern India Canal and Drainage Act, 1873,
may sue for the recovery of such sum.
153. [Recovery of arrears in respect of Government property.] - Arrears of rent due
in respect of Government property or in respect of an estate attached under the provisions of
Section 150 of the United Provinces Land Revenue Act, 1901, may be recovered in
accordance with the provisions of Sections 39 to 41 of the United Provinces Court of Wards
Act, 1912, as if they were arrears due in respect of property under the charge of the Court of
Wards.
154. [Recovery of arrears in the event of general refusal to pay.] - (1) In case of
any general refusal to pay rent or any demand on account of canal dues to persons entitled to
collect the same in any local area, the State Government may, by notification in the Official
Gazette, declare that such rents or demands may be recovered as arrears of land revenue.
(2) In any local area to which a notification made under sub-section (1) applies, a
landholder or any other person to whom an arrear of rent or of canal dues is due, may,
notwithstanding anything to the contrary in this or any other enactment for the time being in
force, instead of suing for recovery of the arrear under this Act, apply in writing to the Collector
to realize the same, and the Collector shall, after satisfying himself that the amount claimed is
due, proceed, subject to rules made by the Board, to recover such amount with costs and
interest as an arrear of land revenue.
(3) The Collector shall not be made a defendant in any suit in respect of an amount for
the recovery of which an order has been passed under this section.
(4) Nothing herein contained, and no order passed under this section, shall debar, -
(a) a landholder from recovering, by suit or application, any amount due to him
which has not been recovered under this section;
(b) a person from whom any amount has been recovered under this section, in
excess of the amount due from him, from recovering such excess by suit against the
landholder or other person on whose application the arrear was realized.

CHAPTER VIII
EJECTMENT
General
155. [Application of some sections relating to tenants to permanent tenure-
holders, etc.] - In Section 183, Section 185 and Section 186 and in no other sections of this
Chapter "tenant" includes an under proprietor, a permanent tenure-holder and a fixed-rate
tenant.

156. [Application of provisions of this Chapter to permanent lessees, etc.] - The

provisions of this Chapter relating to occupancy tenants shall apply to permanent lessees and
to tenants holding under a special agreement or decree in Oudh, except in so far as they are
inconsistent with the terms of the lease, agreement or decree under which they hold.
 U.P. Tenancy Act, 1939 47

157. [Ejectment to be in accordance with the Act.] - No tenant shall be ejected from
his holding otherwise than in accordance with the provisions of this Act.

158. [Arrears deemed satisfied when tenant is ejected.] - Subject to the provisions
of Sections 159 and 160, when a tenant is ejected from the whole or any portion of his holding
in execution of a decree or order of ejectment for arrears of rent, all arrears of rent, whether
decreed or not, due in respect of such holding on the date of the delivery of possession shall
be deemed to have been paid.

159. [Compensation for improvement on ejectment.] - (1) A Court deciding any

proceeding by which a tenant is ejected from his holding or part thereof shall assess the
amount of compensation due to the tenant on account of any improvement made by him.
(2) If the compensation exceeds the amount recoverable from the tenant as arrears of
rent, whether decreed or rent, on account of the holding, together with costs if any, the decree
or order for ejectment shall be conditional on the payment by the landholder of the balance
due to the tenant within such time as the Court may direct.
(3) If the compensation does not exceed the amount recoverable from the tenant as
specified in sub-section (2), any claim made by the tenant for compensation shall be deemed
to have been satisfied on his ejectment.
(4) If the Court to which a claim under sub-section (1) is made, is the Court of an
Assistant Collector of the second class, he shall forward the proceedings to the Assistant
Collector in-charge of the sub-division who shall dispose of the case as if it had been instituted
before himself.

160. [Right to crops and trees when ejectment takes effect.] - (1) If, on the date of
the delivery of possession to the landholder there exist on the holding any ungathered crops or
any trees which are the property of the tenant, the Court executing the decree shall proceed in
the following manner:
(a) If after deducting the compensation, if any, assessed under Section 159, the
amount due from the tenant is equal to or greater than the value of such crops or trees, the
Court shall deliver the possession of the holding to the landholder and all rights of the tenant in
such crops or trees shall pass to the landholder.
(b) If after deducting the compensation, if any assessed under Section 159, the
amount due from the tenant is less than the value of such crops or trees; and
(i) the landholder pays the difference between such amount and such value to the
tenant, the Court shall deliver the possession of the holding to the landholder and all rights of
the tenant in such crops or trees shall pass to the landholder; or
(ii) the landholder does not pay such difference, the tenant shall have a right of tending,
gathering or removing such crops or trees or fruits of such trees until such crops or trees have
been gathered and removed or die or are cut down, as the case may be, paying such
compensation for the use and occupation of land as the Court may fix.
(2) On an application made by the tenant or the landholder, the Court executing the
decree or the order of ejectment may determine the value of the crops or trees and the
compensation payable by the tenant under the provisions of clause (b) of sub-section (1).
(3) Nothing in this section shall apply to a person ejected from land under the
provisions of Section 180 and any crops or trees existing on such land at the time of the
delivery of possession shall vest in the decree-holder.
 U.P. Tenancy Act, 1939 48

161. [Contents and service of notice.] - (1) Every notice to be issued to a tenant under this
Chapter shall be filed by the landholder in duplicate, and shall contain the following
particulars:-
(a) the name, description, and place of residence of the landholder;
(b) the name, description, and place of residence of the tenant;
(c) a description of the holding, specifying the name of the village
and mahal and of the pargana or other local area in which the holding is situated;
(d) the recorded numbers of the holding, and of each filed, the amount of each
instalment of rent, any portion of which is in arrears and the amount of such arrears.
(2) The manner of service of such notice on a tenant shall be that of the service of a
summons by the Court.
[Provided that such notice shall also be served on the tenant through the registered
post acknowledgment due :
Provided further that if the tenant is not found, or refuses to accept the notice or to sign
the acknowledgment, the notice shall be served by affixing it to his usual place of residence in
the presence of two respectable persons of the place, who shall sign the notice in attestation
of such service and such service shall be deemed to be due service on the tenant.]

162. [Immunity from ejectment from residential house on ejectment from

holding.] - No tenant shall be liable to ejectment from his residential house in a village other
than a house erected under the provisions of Section 65, merely because he has been ejected
from his holding in that village.

Ejectment for Arrears of Rent

163. [Application for issue of notice to exproprietary tenant, etc., for payment of
arrears and for ejectment in default.] - (1) A landholder may, between the first day of June
and the thirty-first day of August, apply to the tahsildar for the issue of a notice to an
exproprietary, an occupancy or a hereditary tenant for the payment of arrears of rent due by
him and in default for ejectment from his holding, and the tahsildar shall forthwith issue such
notice.
Provided that no application shall be made under this section for payment of an arrear
which exceeds the amount of rent payable by the tenant for the holding in an agricultural year,
or which, on the date of the application, has been outstanding for more than three years.
(2) A notice issued, under the provisions of sub-section (1) shall, in addition to the
particulars specified in Section 161, specify the instalments of rent payable by the tenant for
the holding in the future.
(3) The notice shall require the tenant to appear within fifteen days of the date of
service of the notice and either to admit the claim or to contest it.
(4) If the tenant does not appear or appears and admits the arrear claimed and the
instalments of rent specified in the notice, the tahsildar shall pass an order directing him to pay
7[in the manner laid down in Section 131] such arrear and also, during the currency of such
order, to pay “[in the manner laid down in Section 131] the instalments of rent as they fall due :
Provided that, if the order is passed ex parte the tenant may apply for setting aside
such order and if he satisfies the Court that either the notice was not served on him or that he

* Subs. by U.P. Act 10 of 1947. w.e.f. 14.06.1947.

* Subs. by U.P. Act No. 10 of 1947 for the words (into Court). w.e.f. 14.06.1947.
3 Subs. by U.P. Act No. 10 of 1947 for the words (into Court). w.e.f. 14.06.1947.
 U.P. Tenancy Act, 1939 49

had sufficient cause for non-appearance on the date fixed, the tahsildar shall set aside the
order and shall proceed to hear the case in the manner hereinafter provided.
(5) If the tenant appears and contests the claim for arrears or pleads that he is not an
exproprietary, an occupancy, or a hereditary tenant, the application for the issue of notice
shall, on payment of the court-fee as in a suit for arrears of rent, be deemed to be a suit for
arrears of rent and the tahsildar shall pass an order directing the tenant to pay the Court
deciding such suit the instalments of rent specified in the notice as they fall due :
Provided that all cases in which the tenant pleads that he is not an exproprietary, and
occupancy or a hereditary tenant, or which the tahsildar is not competent to try shall be
forwarded to the Assistant Collector in charge of the sub-division.
(6) If in such suit the Court finds that the tenant is an exproprietary, an occupancy or a
hereditary tenant and that any amount is due by him it shall pass a decree directing him to pay
such amount ‘[in the manner laid down in Section 131].
(7) If the tenant appears and pleads that he is not liable to pay that instalments
specified in the notice, the tahsildar shall pass an order directing him during the currency of
such order to pay *[ in the manner laid down in Section 131] such instalments or such less
amounts as he may, for reasons to be recorded, determine.
(8) No appeal shall lie against an order of the tahsildar regarding the payments passed
under the provisions of sub-section (5) or sub-section (7), but no such order shall be a bar to a
suit under the provisions of this Act for determination of rent for the recovery of arrears of rent.
(9) An application made under the provisions of this section may be amended, either
by the addition of the name of joint tenants or otherwise, at any time up to fifteen days before
the date on which the instalment of rent next following the date of the application falls due, and
on such application being amended the tahsildar shall proceed as if the amendment had been
made in the notice filed within the prescribed period.

164. [Order that may be passed in appeal from ejectment proceedings.] - If in a

case to which the provisions of sub-section (5) of Section 163 apply, the Court or any Court
which passes orders in the suit in appeal, reference or revision finds either that the tenant is
not an exproprietary, an occupancy or a hereditary tenant or that no part of the arrear specified
in the notice was due by the tenant as arrears of rent on the date on which the application was
made under the provisions of sub-section (1) of Section 163, it shall dismiss the suit and
cancel with effect from the date of such dismissal the order of the tahsildar passed under the
provisions of that section directing the tenant to pay “[in the manner laid down in Section
131] the instalments of rent.

165. [Consequences of cancellation of an order passed under Section 163.] - (1)

If during the currency of an order passed by the tahsildar under the provisions of Section 163,
directing the tenant to pay “[in the manner laid down in Section 131] the instalments of rent the
tenant fails by the thirty-first day of May in any agricultural year so to pay the instalment which
fell due in that agricultural year with interest thereon, the tahsildar shall forthwith order in
accordance the rules made by the Board that he be ejected from the whole or part of his
holding and he shall forthwith be ejected accordingly.

* Subs. by U.P. Act No. 10 of 1947 for the words (into Court). w.e.f. 14.06.1947.
? Subs. by U.P. Act No. 10 of 1947 for the words (into Court). w.e.f. 14.06.1947.
* Subs. by U.P. Act No. 10 of 1947, for the words (from his holding). w.e.f. 14.06.1947.
“Subs. by U.P. Act No. 10 of 1947 for the words (into Court). w.e.f. 14.06.1947.
 U.P. Tenancy Act, 1939 50

(2) If the tenant fails to pay ‘[in the manner laid down in Section 131] the amount of the
arrear as ordered by the tahsildar under the provisions of sub-section (4) of Section 163 or as
decreed by the Court under the provisions of sub-section (6) of that section together with
interest thereon and the cost of the application or the costs, if any, awarded to the landholder
by the decree, as the case may be, by the thirty-first day of May next following the expiry of a
period of one year from the date of the passing of such order or of the decree becoming final,
as the case may be, the tahsildar [shall forthwith order] “[in accordance with the rules made
by the Board] “[that the tenant be ejected from] the whole or part of his holding and he shall
forthwith be ejected accordingly.
(3) If on any date before an order of ejectment is passed under the provisions of this
section, the tenant pays *[in the manner laid down in Section 131] the amount of the arrear
which he was ordered to pay under the provisions of sub-section (4) of Section 163 or which
was decreed under the provisions of sub-section (6) of that section together with interest
thereon and the costs of the application or the costs, if any, awarded to the landholder under
the decree, as the case may be, and also the instalments of rent that have fallen due by such
date or the balance thereof, the Court shall forthwith cancel its order directing the tenant to pay
S[in the manner laid down in Section 131] the instalments of rent as they fall due.
71(4) If within one month after the delivery of possession, the tenant deposits the full
amount in respect of which he has been ejected, the ejectment order shall be cancelled and
possession restored forthwith to the tenant. ]
(5) Notwithstanding anything in this section, the tenant shall not be ejected for failure to
pay any portion of his rent which has been remitted or suspended under the provisions of
Section 123.

166. [Tenant's claim for compensation on appearance.] - (1) Notwithstanding

anything in Section 159, if the tenant appears in accordance with a notice served under the
provisions of Section 163, he shall be asked whether he makes any claim for compensation on
account of improvements in case an order of ejectment is passed against him and if he makes
such claim the tahsildar shall forward the case for decision to the Assistant Collector in charge
of the sub-division.
(2) No claim for compensation on account of improvements shall be entertained unless
it is made in accordance with the provisions of this section, provided that if the tenant appears
after the expiry of the period specified in the notice and satisfies the tahsildar either that the
notice was not served on him or that he had sufficient cause for non-appearance within such
time, the tahsildar shall entertain any claim made by him for compensation.

167. [Bar to suits and application in certain cases.] - (1) Except as provided in sub-
section (5) and sub-section (8) of Section 163, no suit for arrears of rent shall lie in respect of
an arrear specified in a notice issued under the provisions of Section 163 or in respect of any
instalment of rent payable into Court under the provisions of that section.

* Subs. by U.P. Act No. 10 of 1947 for the words (into Court). w.e.f. 14.06.1947.
* Ins by U.P. Act No. 10 of 1947. w.e.f. 14.06.1947.
7 Ins by U.P. Act No. 10 of 1947. w.e.f. 14.06.1947.
“Ins by U.P. Act No. 10 of 1947. w.e.f. 14.06.1947.
° Subs. by U.P. Act No. 10 of 1947 for the words (into Court). w.e.f. 14.06.1947.
® Subs. by U.P. Act No. 10 of 1947 for the words (into Court). w.e.f. 14.06.1947.
’ The original sub-section (4) was re-numbered as sub-section (5) and a new sub-section (4) was inserted by U.P.
Act No. 10 of 1947.
 U.P. Tenancy Act, 1939 51

(2) No application shall be made under the provisions of Section 163 in respect of an
arrear for the recovery of which a suit has been instituted under the provisions of Section 144
or Section 148.

168. [Ejectment of certain tenants in execution of a decree for arrears.] - (1) When
a decree for arrears of rent against an exproprietary, occupancy or hereditary tenant has not
been completely satisfied within one year from the date of such decree by any mode of
execution other than sale of holdings, the land- holder may apply to the Court, which passed
the decree, for the issue of a notice to the tenant for payment of the amount outstanding and
for his ejectment in case of default and the Court shall thereupon issue such notice.
(2) The notice shall require the tenant to appear within thirty days of the service of the
notice and eitherto show cause why he should not be ejected from the holding, or to admit the
claim and obtain leave to pay the amount into the Court within one hundred and twenty days
from the date of his appearance in the Court.
(3) If the tenant does not appear in accordance with the terms of the notice or having
appeared either does not show cause why he should not be ejected or does not ask for leave
to pay, the Court shall immediately order his ejectment from the holding.
(4) [Act V of 1908] If the tenant appears and obtains leave to pay, then unless within
one hundred and twenty days from the date of his appearance in the Court the tenant has paid
the amount or payment thereof has been certified to the Court in accordance with Rule 2,
Order XXI of the Code of Civil Procedure, 1908, the Court shall, on the 31st of May next
following order his ejectment.
‘I(5) The order of ejectment shall be executed on or after the first day of June next
following the date of the order. If within one month after the delivery of possession, the tenant
deposits the decretal amount, the ejectment order shall be cancelled and possession restored
forthwith to the tenant.]
(6) No extension of time for payment shall be allowed :
Provided that the tenant shall be ejected only from such portion of the holding the rent
of which does not exceed one-sixth of the decretal amount.

169. [Application for issue of notice to non-occupancy tenant for payment of

arrears or for ejectment in default.] - (1) When the rent of a non-occupancy tenant is in
arrears, the landholder may apply to the tahsildar for the issue of a notice to such tenant for
payment of the arrears and for his ejectment in case of default, and the tahsildar shall
thereupon issue such notice.
(2) The notice shall require the tenant either to contest the claim within fifteen days of
the service of notice, or to pay the arrear into the Court within six weeks of the service of the
notice, and shall state that if he fails, to comply with the terms of the notice an order of
ejectment will be passed.
(3) If the tenant does not contest the claim and does not, within six weeks of the
service of the notice or within such time as may be allowed under the provisions of sub-section
(4) pay the amount into Court or the payment thereof is not certified under Order XXI, Rule 2
of the Code of Civil Procedure, 1908, the Court shall forthwith pass an order that he may be
ejected.

* Subs by U.P. Act No. 10 of 1947. w.e.f. 14.06.1947.

 U.P. Tenancy Act, 1939 52

(4) [V of 1908] The tahsildar may from time to time, for reasons to be recorded, extend
the time for payment, provided that the total period allowed for payment shall not exceed six
months.
(5) If the tenant contents the claim, the application for issue of notice shall, on payment
of the court-fee as in a suit for arrears of rent, be deemed to be a suit for arrears of rent. If
the tahsildar is not competent to try the suit, he shall forward it to the Assistant Collector in
charge of the sub-division.

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

rent.] - (1) When a decree is passed for arrears of rent against a non-occupancy tenant, the
landholder may, in addition to any other mode of execution, apply to the Court which passed
the decree for the issue of a notice to the tenant for payment of the amount and for Iris
ejectment in case of default; and the Court shall thereupon issue such notice.
(2) The notice shall require the tenant either to show cause within fifteen days of the
service of the notice why he should not be ejected or to pay the amount into Court within six
weeks of the date of the service of the notice.
(3) If the tenant appears and claims, that he is not liable to ejectment, the Court shall,
after enquiry, decide such claim, and, if it rejects it, shall order that the tenant be ejected
forthwith.
(4) If the tenant does not claim that he is not liable to ejectment and does not, within six
weeks of the service of the notice or within such time as may be allowed under the provisions
of sub-section (5), pay the amount into Court or the payment thereof is not certified to the
Court under Order XXI, Rule 2, of the Code of Civil Procedure, 1908, the Court shall forthwith
pass an order that he be ejected. [V of 1908]
(5) The Court may from time to time for reasons to be recorded extend the time for
payment provided that in no case shall the total period allowed for payment exceed six
months.

Ejectment for Illegal or Detrimental Acts

171. [Ejectment for illegal transfer, sub-letting.] - (1) If a tenant transfers, sub-lets,
the whole or any portion of his holding otherwise than in accordance with the provisions of this
Act, and the transferee or sub-lessee has entered upon possession in pursuance of such
transfer or sub-lease both the tenant and any person who may have thus obtained possession
of the whole or any part of the holding shall on the suit of the landholder be liable to ejectment
from the area so transferred or sub-let at the date of the institution of the suit :
‘Provided that, In the case of a voidable sub-lease, if the suit succeeds, the Court shall
pass a decree permitting the tenant to apply in the same proceedings, within a time not
exceeding one month from the date of the decree, for the ejectment of the person in whose
favour the voidable sub-lease has been made, and directing that if the tenant so applies and if
he ejects such person and resumes occupation of the land within such further time as the
Court, either in the decree itself or by means of a subsequent order, may fix having regard to
the provisions of Section 182, the decree shall not be executed against the tenant except in
respect of costs. In such a case, the decree shall direct that, if the tenant either fails to apply
for the ejectment of such person within the time fixed in this behalf or fails to resume
occupation within further time allowed by the Court for that purpose, the tenant as also the
sub-lessee shall be ejected from the area sub-let at the date of the institution of the suit.]

* Subs. by U.P. Act No. 10 of 1947. w.e.f. 14.06.1947.

 U.P. Tenancy Act, 1939 53

(2) To every suit under this section both the tenant and the sub-tenant or the person in
whose favour the transfer purports to have been made shall be made parties.

172. [Ejectment for detrimental act or breach of condition.] - (1) A tenant shall be
liable to ejectment from his holding on the suit of the landholder, -
(a) on the ground of any act or omission detrimental to land in that holding, or
inconsistent with the purpose for which it was let; or
(b) on the ground that he or any person holding from him has broken a
condition on breach of which he is by special contract which is not contrary to the
provisions of Section 4, liable to be ejected ;
Provided that the planting of trees in accordance with the provisions of Section
80 or the making of an improvement in accordance with the provisions of this Act or the use of
a holding for the purpose of grazing or raising stock, including horses, or the construction of
enclosures suitable for stock for raising, shall not constitute ground for ejectment under this
section.
(2) In any suit for ejectment under this section any person claiming through the tenant
may be joined as a party, and, where the plaintiff's cause of action is based wholly or partly on
any act or omission or breach of condition by a sub-lessee or other transferee, such sub-
lessee or other transferee shall be joined as a party.

173. [Decree in suit under Section 172.] - (1) A decree for ejectment under Section
172 may direct the ejectment of the tenant either from the holding or from such portion thereof
as the Court, having regard to all the circumstances of the case, may direct.
(2) Such decree shall further direct that if the tenant repairs the damage, or pays such
compensation as the Court thinks fit or within three months from the date of the decree within
such further period as the Court may, for reasons to be recorded, allow, the decree shall not
be executed in respect of costs.

174. [Suit for compensation, injunction, etc.] - Notwithstanding anything in Section

172, a landholder may, in lieu of suing for ejectment, sue, -
(a) for compensation; or
(b) for an injunction with or without compensation; or
(c) for the repair of the damage or waste with or without compensation.

Ejectment on Other Grounds

175. [Ejectment on application.] - Subject to the provisions of Section 19, a non-
occupancy tenant shall also be liable to ejectment on the application of the landholder on any
of the following grounds, namely, -
(a) that he is a tenant holding from year to year;
(b) that he is a tenant holding under a lease or for a period which has expired or will expire
before the end of the current agricultural year.

176. [Application and notice.] - (1) An application for the ejectment of a tenant under
the provisions of Section 175 shall be made between the first day of July and the thirtieth day
of September and not otherwise, and shall be accompanied by the notice specified in Section
161:
 U.P. Tenancy Act, 1939 54

Provided that, if the application is made within the prescribed period the Court may
allow the names of other persons having an interest in the tenancy or who are for any other
reason necessary parties to the proceedings, to be added after such period has expired, and
the notice shall be as effectual in respect of all persons so added as if they had been included
in the notice filed within the prescribed period.
(2) Every notice under sub-section (1) shall state the ground on which ejectment is
applied for and inform the tenant, -
(a) that if he desires to dispute the ejectment he must contest the notice within
thirty days of its being served on him, and
(b) that if within thirty days of the notice he appears and admits his liability to
ejectment he will not be liable for any costs.

177. [Service of notice.] - On an application being made in accordance with the

provisions of Section 176, a copy of the notice accompanying such application shall, on
payment of the prescribed fee be served on the tenant in the manner prescribed in Section
161.

178. [Effect of admission or of non-appearance.] - (1) if a tenant to whom a notice is

issued under Section 177 appears within thirty days of the service of such notice and admits
his liability to ejectment, the Court shall pass an order for his ejectment but he shall not be
liable for any cost incurred by the applicant,
(2) If on the expiry of thirty days from the service of such notice the tenant has not
appeared the Court shall pass an order for his ejectment.

179. [Procedure where tenant contests notice.] - (1) If within thirty days of service of
a notice under Section 177, the tenant appears and contests his liability to ejectment, the
Court shall forward the proceedings for disposal to the Assistant Collector in charge of the
sub-division.
(2) In such case the application under Section 175 shall be deemed to be a plaint and
the case shall proceed as a suit. The landholder shall within a time to be fixed by the Court,
deposit the balance of court-fee due from him, failing which the suit shall be dismissed.

Ejectment of Person Occupying Land Without Title

1180. [Ejectment of person occupying land without consent.] - (1) A person taking
or retaining possession of a plot of land without the consent of the person entitled to admit him
to occupy such plot and otherwise than in accordance with the provisions of the law for the
time being in force, shall be liable to ejectment under this section on the suit of the person so
entitled, and also to pay damages which may extend to four times the annual rental value
calculated in accordance with the sanctioned rates applicable to hereditary tenant :
Provided that, notwithstanding the provisions of sub-section (1) of Section 246, where
such a person taking or retaining possession is one of the co-sharers whose joint consent is
required to bring such suit, he shall not be required to join as plaintiff in the suit. In such a
case, the decree passed in favour of the plaintiff shall be deemed to be in favour of all such
co-sharers.
Explanation |. - A co-sharer in the proprietary rights in a plot of land taking or retaining
possession of such plot without the consent of the whole body of co-sharers or of an agent

* Subs. by U.P. Act No. 10 of 1947. w.e.f. 14.06.1947.

 U.P. Tenancy Act, 1939 55

appointed to act on behalf of all of them, shall be deemed to be in possession of such plot
otherwise than in accordance with the provisions of the law within the meaning of this section.
Explanation ||. - A tenant entitled to sublet a plot of land in accordance with the
provisions of the law for the time being in force may maintain a suit under this section against
the person taking or retaining possession of such plot otherwise than in the circumstances for
which provision is made in Section 183.
(2) If no suit is brought under this section, or if a decree obtained under this section is
not executed, the person in possession shall become a hereditary tenant of such plot, or if
such person is a co-sharer, he shall become a khudkasht holder, on the expiry of the period of
limitation prescribed for such suit or for the execution of land decree, as the case may be.
Provided that where the person in possession cannot be admitted to such plot except
as sub-tenant by the person entitled to admit, the provisions of this sub-section shall not apply
until the interest of the person so entitled to admit is extinguished in such plot under Section
45(f).]

Enforcement of Ejectment
181. [V of 1908] [Mode of execution of decree or order.] - (1) Every decree or order
for ejectment shall be enforced in accordance with the provisions of the Code of Civil
Procedure, 1908, relating to the execution of decree for delivery of immovable property.
(2) Every sub-lessee or transferee whose interest is extinguished on the ejectment of
his landholder or transferor, as the case may be, shall, for the purpose of the execution of the
decree or order for ejectment, be deemed to be a judgment-debtor, but unless he offers
resistance or obstruction to delivery of possession, he shall not be liable for costs.

182. [Time of execution.] - (1) Delivery of possession in execution of a decree or

order for ejectment of a civil or revenue Court, shall not be made before the first day of April or
after the thirtieth day of June in any year:
Provided that the Provincial Government may by rule prescribe in respect of any local
area other dates between which delivery of possession shall be made.
(2) Nothing in this section shall apply to an order of delivery of possession passed after the
first day of June in respect of an application for execution made before the preceding first day
of April or to an order of ejectment passed under the provisions of Section 165 or Section 170
or Section 180.

Remedies for Wrongful Ejectment

183. [Remedies for wrongful ejectment.] - (1) Any tenant ejected from or prevented
from obtaining possession of his holding or any part thereof, otherwise than in accordance with
the provisions of the law for the time being in force by :-
(a) his landholder or any person claiming as landlord to have a right to eject
him, or
(b) any person admitted to, or allowed to retain possession of the holding by
such landholder or person, whether as tenant or otherwise, may sue the person so
ejecting him or keeping him out of possession -
(i) for possession of the holding;
(ii) for compensation for wrongful dispossession; or
(iil) for compensation for any improvement he may have made:
 U.P. Tenancy Act, 1939 56

Provided that no decree for possession shall be passed where the plaintiff at the time
of the passing of the decree, is liable lo ejectment in accordance with the provision of this Act
within the current agricultural year.
(2) If the decree is for possession, no compensation for an improvement shall be
awarded.
(3) When a decree is given for compensation for wrongful dispossession but not for
possession, the compensation awarded shall be for the whole period during which the tenant
was entitled to remain in possession.
(4) A tenant who has sued for possession only shall not be entitled to institute a
separate suit for compensation for wrongful dispossession, or for an improvement in respect of
the same cause of action.

184. [Reversal of decree or order of ejectment.] - When a Court of appeal or

revision reverses a decree or order for the ejectment of a tenant, and the tenant is liable to
ejectment in accordance with the provisions of this Act within the current agricultural year, the
decree or order of the Court of appeal or revision shall not be for possession but subject to the
provisions of Sections 73 and 74, for costs only.

185. [Defendants to be joined in suit.] - When a tenant sues under clause (a) of sub-
section (1) of Section 183 for possession, he may join, as a defendant, in the suit, every
person in possession claiming through the landholder or the person who has ejected him, as
the case may be, and if he sues under clause (b) of sub-section (1) of that section, he shall
join the landholder or the person claiming as landholder to have the right to eject him, as the
case may be, as a defendant in the suit.

186. [Reinstatement of tenant.] - The provision of Section 181 shall apply mutatis
mutandis to the execution of decree for the reinstatement of a tenant in his holding.

CHAPTER IX
Grants of Land Held Rent-free or at a Fovourable Rate of Rent

187. [Application of this Chapter to under-proprietors.] - In this Chapter "landlord"

includes an under-proprietor with whom a sub-settlement had been made.

188. [Meaning of rent-free grant.] - A "rent-free" grant means a grant of a right to hold
land rent-free by a landlord, with or without consideration, not being a grant for the purpose of
planting a grove:
Provided that in Agra, if made after the seventh day of September, 1926, and in Oudh,
if made after the commencement of this Act, such grant shall be made by registered
instrument.
Explanation |. - When a sale of land takes place, a reservation in favour of the vendor of a
portion of the land sold, to be held rent-free by such vendor, is a rent-free grant.
Explanation \l. - A grant of land for the performance of a service, religious or secular, is a rent-
free grant.

189. [Meaning of grant of land at a favourable rate.] - A grant of land at a favourable

rate of rent means in Oudh a grant of land at a rent less than the aggregate of the revenue
 U.P. Tenancy Act, 1939 57

local rates payable thereon and in Agra a similar grant made after the commencement of this
Act.

190. [Liability of grant to resumption, or assessment or enhancement of rent.] - A

landlord may, in accordance with the provisions of this Chapter, sue to resume possession of
land held rent-free or at a favourable rate of rent, for the fixation of rent or revenue on land
held rent-free, or for the enhancement of the rent of land held at a favourable rate of rent.

191. [Grants not liable to fixation of revenue or rent.] - All land held rent-free or at a
favourable rate of rent shall be liable to fixation of rent or revenue or to enhancement of rent,
as the case may be, unless, -
(1) in Agra -
(a) it is held rent-free in a district or portion of a district which is permanently
settled under a grant made prior to the permanent settlement; or
(b) it is held rent-free under a judicial decision of a date prior to the twenty-
second day of December, 1873; or
(c) it is held rent-free by a holder whose title is based on a transfer of the land
for valuable consideration made by the landlord or by a rent-free holder thereof before
the twenty-second day of December, 1873, provided that at the date the right of the
landlord to resume the land had been barred by Section 28 of Act No. X of 1859 or by
Article 130 of the Second Schedule of the Indian Limitation Act, 1871; [Xof 1852 XI
1871]
(2) in Oudh, -
(a) it is held rent-free or at a favourable rate of rent under a Government grant;
or
(b) it is held rent-free or at a favourable rate of rent under a judicial decision of a
date prior to the first day of January, 1902; or
(c) it was acquired rent-free or at a favourable rate of rent for a valuable
consideration before the tenth day of October, 1876, and the right to resume it, had,
before that date, been barred by the law of limitation :
Provided that nothing in this section shall apply to any grants in Oudh to which the
provisions of Section 79 of the United Provinces Land Revenue Act, 1901, are applicable.
[U.P. Ill of 1901]

192. [Declaration that grantee is proprietor or under-proprietor.] - (1) Subject to

the provisions of Section 191 a landlord or a grantee or a tenant of a grantee may sue for a
declaration that land held rent-free or at a favourable rate of rent, -
(a) in Agra is held in proprietary right, and for the fixation of revenue thereon,
or
(b) in Oudh, is held in under proprietary right and for fixation of rent thereon.
(2) No suit shall lie under provisions of sub-section (1) unless such land, -
(a) is held under a grant made in perpetuity and in consideration of the loss or
surrender of a right previously vested in the grantee, or
(b) is held under a grant made in perpetuity by a written instrument for valuable
consideration, or
(c) not being held for the performance of some service, religious or secular, or
conditionally, or for a term, has been held in Agra rent-free for fifty years immediately
 U.P. Tenancy Act, 1939 58

before the seventh day of September, 1926, or in Oudh rent-free or at a favourable rate
of rent for fifty years.
(3) When rent or revenue is fixed on such land under the provisions of this section, any
tenant of the grantee shall become a hereditary tenant of his holding.

193. [Rent or revenue how determined.] - If under the provisions of this Chapter
revenue or rent has to be determined, such revenue or rent shall be determined in accordance
with the following provisions, namely;
(a) the rent of a hereditary tenant shall be determined in accordance with the
sanctioned rent-rates, applicable to hereditary tenants,
(b) in fixing revenue, the Court shall calculate the rent in accordance with the
provisions of clause (a) and shall assess the revenue thereon in accordance with the
provisions of Chapter V of the United Provinces Land Revenue Act, 1901,
(c) in fixing the rent of an under-proprietor, the Court shall calculate the revenue
in accordance with the provisions of clause (b), and shall add thereto a percentage
which shall not be less than ten or greater than fifty. [U-.P. Ill of 1901]

194. [Liability of grant to fixation of rent or to enhancement.] - Subject to the

provisions of Section 191 and 192, rent may be fixed on all rent-free grants and the rent of all
grants held at a favourable rate of rent may be enhanced.

195. [Ejectment of grantee.] - Except in a case in which the grantee becomes a

proprietor or an under-proprietor under the provision of Section 192, a grantee may be ejected
from his grant in all cases in which rent may be fixed thereon or the rent thereof enhanced if,
by the terms of the grant or by local custom, it is held, -
(a) at the pleasure of the grantor; or
(b) for the purpose of some specific service; religious or secular, which the
landlord no longer requires; or
(c) conditionally or for a term, when the condition has been broken or the term
has expired.

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

arises.] - (1) The liability to fixation or enhancement of rent under Section 194 and to
ejectment under Section 195 arises, -
(a) where the land is held under a written instrument by which the grantor has
expressly agreed that it shall not be resumed, on the death of the original grantor, or on
the expiration of the settlement in force at the date of the grant, or on the expiry of a
period of thirty years from the date of the grant, whichever event first occurs;
(b) where the land is held for the purpose of some specific service, religious or
secular, when the service is no longer required;
(c) where the land is held conditionally or for a term, when the condition has
been broken or the term expires, or on the expiry of eleven years from the date of the
grant, whichever first occurs;
(d) in any other case, on the expiry of five years from the date of the grant.
(2) In the case of a grant falling under clause (b) of sub-section (1), the filing of a suit
for fixation or enhancement of rent or for ejectment shall be deemed sufficient notice that the
service is no longer required; but where no previous notice in writing has been given to the
grantee, the Court may, in its discretion, award cost to the defendant.
 U.P. Tenancy Act, 1939 59

197. [Determination of class of tenure and of amount of rent payable.] - If, under
the provisions of this Chapter, rent is fixed on a rent-free grant, or the rent of a grant held ata
favourable rate of rent is enhanced under the provisions of Section 194, the grantee shall
become a hereditary tenant from the date of the decree, fixing or enhancing the rent.

198. [Application of certain sections to grantee.] - The provisions of Section 65,

Section 68, Section 70, Sections 72 to 80, Section 157, Section 159, Section 160, Section
162, Sections 181 to 193 and Sections 185 and 186 shall apply to rent-free grantees and to
grantee holding at a favourable rate of rent as they apply to hereditary tenant.

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

rent.] - The provisions of Section 69 and of Chapter VII and of clauses (a), (b), (d) and (e) of
Section 236 and of Sections 237 to 240 shall apply to tenants, except that the provisions of
Section 148 shall apply only in so far as they refer to recovery of an arrear of rent by suit.

200. [Extinction of rent-free grantee's interest.] - The interest of a rent-free grantee

ora grantee holding at a favourable rate of rent shall be extinguished -
(a) when he dies, leaving no heir entitled to succeed him,
(b) when, in accordance with the provisions of this Chapter, he becomes a
proprietor, an under-proprietor or a hereditary tenant, or when he is ejected,
(c) when his holding is acquired under the provisions of the Land Acquisition
Act, 1894, [1 of 1894]
(d) by merger,
(e) when he has lost possession of his holding and the right to recover
possession is barred by limitation,
(f) when he surrenders his holding under the provisions of Section 82, which
shall mutatis mutandis apply to him, as if he were a tenant.

201. [Procedure when district is under settlement.] - Suit under this Chapter shall,
when the local area in which the land is situated is under settlement, be instituted in the Court
of the Settlement Officer or Assistant Settlement Officer, who shall have to hear and dispose
of cases under this Chapter.

202. [Appeals.] - Appeals from decrees or orders passed under the provisions of
Sections 198 and 199 shall be governed by the provisions of Chapter XIV and appeals from
other decrees or orders passed under this Chapter shall, notwithstanding anything in Chapter
XIV, be governed by the provisions of Chapter X of the United Provinces Land Revenue Act,
1901. [U.P. IIl of 1901]

203. [Saving of the right of the State Government to assess revenue.] - Nothing in
this Chapter shall affect the right of the State Government to assess revenue on any land in
accordance with Section 58 or Section 103 of the United Provinces Land Revenue Act, 1901.

CHAPTER X
Grove-holders
 U.P. Tenancy Act, 1939 60

204. [Application of this Chapter to under-proprietors.] - In this Chapter the word

"landlord" includes under-proprietors, a permanent lessee and a permanent tenure-holder.

205. [Definition of grove-holder.] - A person who has planted a grove, -

(a) on land which was let or granted to him by a landlord, for the purpose of
planting a grove;
(b) with the written permission of the landlord, or in accordance with local
custom entitling him to do so, on land which he held as a tenant other than as a sub-
tenant, a permanent tenure holder or a fixed-rate tenant, or a tenant holding on special
terms in Oudh or an occupancy tenant in Oudh;
shall be the grove-holder of such grove.
Provided that where the permission was granted in Agra before the 7th day of
September, 1926, and in Oudh prior to the commencement of this Act, the permission need
not have been in writing and may have been either ex-tenant or pressed or implied.

206. [Rights and liabilities of grove-holder.] - 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 '[49], [59] to 64 and of Chapter VII and of clauses
(a), (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.

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

? Ins. by U.P. Act No. 10 of 1947. w.e.f. 14.06.1947.
 U.P. Tenancy Act, 1939 61

207. [Right of grove-holder to make improvement.] - A grove-holder may make any

improvement which a hereditary tenant may make and the provisions of Section 65, Sections
68 to 70, Sections 72 to 97 shall apply to him as if he were a hereditary tenant.

208. [Appeals.] - The provisions of Chapter XIV shall apply to orders and decrees
passed under this Chapter in respect of appeals, review and revision as if the grove-holder
were a tenant.

CHAPTER XI
Thekedars

209. [Definition of thekedar, etc.] - The form of lease of athekedar is called

a "theka", the person who grants it, the "lessor" and the area to which it relates, the "theka
area".

210. [Method of granting theka.] - A theka may be made only by a written instrument
executed by the lessor and shall be deemed to be a lease for agricultural purposes within the
meaning of Section 117 of the Transfer of Property Act, 1882. [IV of 1882]

211. [Rights of lessor which thekedar may exercise.] - (1) Except as otherwise
provided by the terms of his theka a thekedar, may exercise, during the period and to the
extent of his theka, all the rights of the lessor under this Act, except, -
(a) the right to sue for enhancement of rent;
(b) the right to sue a rent-free grantee or grantee, holding at a favourable rate of
rent under the provisions of Chapter IX.
(2) The rights mentioned in clauses (a) and (b) of sub-section (1) may be exercised by
the thekedar only if they are conferred expressly by the terms of the theka.
(3) Rights which may be exercised by a thekedar under the foregoing sub-sections
shall not be exercised by the lessor during the period of the theka.

212. [Improvement in the theka area by lessor.] - (1) A lessor may, notwithstanding
the theka, make any improvement in, or affecting the theka area which he would otherwise be
entitled to make as landholder under the provisions of Section 71.
(2) Athekedar shall not, without the written consent of the lessor, make or grant
permission for the making of any improvement.

213. [Restrictions on the transfer of, and on succession to thekas.] - (1) The
interest of a thekedar, -
(a) shall not be transferable in execution of a decree of a civil or revenue Court;
(b) except as provided by the terms of the theka, shall not be otherwise
transferable or be heritable.
(2) Where a thekedar's interest is heritable, it shall devolve according to the personal
law applicable to him.

214. [Grounds of ejectment.] - (1) A thekedar shall be liable to ejectment on one or

more of the following grounds, namely, -
 U.P. Tenancy Act, 1939 62

(a) on the ground that a decree against him, for arrears of rent remains
unsatisfied;
(b) on the ground of any act or omission prejudicial to the rights of the lessor or
inconsistent with the purpose of the theka;
(c) on the ground that he, or any sub-thekedar under him has broken a
condition on breach of which he is, by the terms of his theka, liable to be ejected;
(d) on the ground that the term of the theka has expired, or will expire at or
before the end of the current agricultural year;
(e) in the case of athekafrom year to year, on the expiry of a notice to
determine the theka, provided that not less than six months' notice ending on any date
in the last year of the thekedar's tenure shall be given;
(f) except in the case of thekas granted before the commencement of this Act,
on the ground that a period of ten years has elapsed since the theka began, or on the
ground that the period of the settlement of the local area in which the theka area is
situated has come to an end.
(2) Notwithstanding anything in clauses (b) and (c) of sub-section (1), no thekedar shall
be ejected for non-payment of rent otherwise than in accordance with clause (a) of that sub-
section.

215. [Procedure of ejectment for non-payment of decree arrears.] - (1) When a

lessor desires to eject a thekedar on the ground specified in clause (a) of sub-section (1) of
Section 214 he shall apply for execution of the decree in accordance with the provisions of
Section 170.
(2) When a lessor desires to eject a thekedar on any other ground specified in sub-
section (1) of Section 214, he shall proceed by suit.
(3) The provisions of Section 174 shall apply to a thekedar who is liable to ejectment
under the provisions of clause (b) or clause (c) of sub-section (1) of Section 214 as they apply
to a tenant, and if a decree for ejectment is passed under the provisions of either of these
clauses, the provisions of sub-section (2) of Section 173 shall apply to such decree as they
apply to a decree against a tenant.

216. [Joinder of sub-thekedar as defendant.] - In a suit for the ejectment of

a thekedar any sub-thekedar may be joined as a party to the suit, and shall be so joined where
the suit is on the ground of any act or omission of such sub-thekedar or to which such sub-
thekedar was a party.

217. [Remedies for wrongful ejectment.] - (1) A thekedar who has been wrongfully
ejected from the whole or any part of the theka area, or wrongfully prevented from exercising
any of his rights as thekedar, by the lessor or any person claiming under, or as agent of, the
lessor may sue for any or all of the following remedies, -
(a) recovery of possession;
(b) an injunction;
(c) compensation for such wrongful dispossession or unlawful interference;
(d) compensation for an improvement lawfully made by him.
(2) The provisions of sub-sections (2), (3) and (4) of Section 183 and of Section 184 to
186 shall apply to a thekedar in the same way and to the same extent as they apply to a
tenant.
 U.P. Tenancy Act, 1939 63

218. [Surrender.] - Athekedar may, at any time, with the consent of the lessor
surrender his interest in the theka.

219. [Application to thekedars of certain sections relating to tenants.] - The

provisions of Sections 73 to 75, Section 79, Sections 90 and 91, Sections 123 to 125, Section
129, sub-sections (1) and (2) of Section 130, Sections 131 to 133, Sections 137 to 140,
Sections 146 and 147, Section 149, Section 149, Section 150, Section 154, Section 157,
Section 159, Section 181, Sections 236 to 238 and Section 240 shall apply to a thekedar in the
same way and to the same extent as they apply to a hereditary tenant and the provisions of
Section 148 shall apply to an arrear of rent due by a thekedar only in so far as they refer to the
recovery of rent by suit.

220. [Application of Sections 245 and 246.] - The provisions of Sections 245 and
246, governing the exercise by two or more co-sharers of their rights against a common tenant
shall be applicable also to the exercise of such rights against a common thekedar.

221. [Provision for holding over.] - If athekedar remains in possession after the
expiry of his theka, and the lessor accepts rent from him or otherwise assents to his continuing
in possession, the theka shall, in the absence of an agreement to the contrary, be deemed to
have been renewed from year to year.

222. [Application of the Fourth Schedule.] - Every suit or application brought by

a thekedar against the lessor, or against a thekedar by the lessor, under the provisions of this
Chapter, which is of the same nature as any suit or application specified in the Fourth
Schedule, which may be brought by a tenant against a landholder or by a landholder against a
tenant, shall be deemed to be included in that Schedule under the same serial number as
such similar suit or application.

CHAPTER XIl
Arrears of Revenue, Profits, etc.
223. [Extent to which the term "co-sharer" applies to the thekedar.] - The word
"co-sharer" shall, for the purpose of this Chapter include a thekedar who is in possession of
the property leased to him.

224. [Suit for arrears of revenue, etc. by lambardar.] - A lambardar may sue a co-
sharer for arrears of revenue or rent payable through such lambardar by such co-sharer and
for village expenses and other dues for which such co-sharer may be liable to the lambardar.

225. [Suit against a joint lambardar.] - A lambardar who has paid arrears of revenue
or rent on account of a joint lambardar who defaults may sue such joint lambardar for the
amount so paid.

226. [Suit for arrears of revenue by a co-sharer.] - A co-sharer who has paid arrears
of revenue or rent on account of a lambardar or another co-sharer who defaults may sue
such lambardar or co-sharer for the amount so paid.
 U.P. Tenancy Act, 1939 64

22/7. [Suit for arrears of revenue by a muafidaror assignee.] - A muafidar or

assignee of revenue may sue for arrears of revenue due to him as such.

228. [Suit by a superior proprietor for arrears of revenue rent.] - A superior

proprietor may sue for arrears of revenue or rent due to him as such.

229. [Profits when divisible.] - (1) In the absence of the determination of the date by
the Settlement Officer, or of an express agreement among the co-sharers, profits shall be
divisible on such dates as the State Government may, by rules made under this Act,
prescribe.
(2) Revenue, rent or profits not paid on the day on which they fall due become on the
following day arrears, and the lambardar, co-sharer, muafidar, assignee of revenue or superior
proprietor, as the case may be, shall be entitled to claim interest on such arrears at the rate of
one anna in the rupee per annum simple interest.

230. [Suit for settlement of accounts and profits against lambardar.] - (1) A co-
sharer may sue the lambardar for settlement of accounts and for his share of the profits of
a mahal or of any part thereof.
(2) In any such suit the Court may award to the plaintiff a share not only of the amounts
actually collected but also of such sums as have remained uncollected owing to the
negligence or misconduct of the lambardar.

231. [Suit for settlement of accounts and profits against a co-sharer.] - (1) A co-
sharer may sue another co-sharer for a settlement of accounts and for his share of the profits
of a mahal or of any part thereof.
(2) In a suit under this section, the plaintiff shall make the lambardar and all co-sharers
interested in the division of profits parties to the suit.

232. [Liability to produce accounts in certain cases.] - If, in a suit under the
provisions of Section 230 or Section 231 it is claimed that either party has made collections,
such party shall be bound to produce his accounts including the books of the counterfoils of
receipts issued by him, and if he does not do so, the court may make such presumption
against him and pass such orders as to costs as it thinks fit.

233. [Valuation of sir and khudkasht in profits cases.] - (1) In a suit for settlement
of accounts under section 230 or section 231 the collections made by a co-sharer shall, in the
absence of any custom or contract to the contrary, be treated as having been made on behalf
of all the co-sharers.
(2) In any such suit, the valuation of sir, which is not let, and of khudkhast which has
been cultivated continuously for three years at the date of the suit shall, for the purposes of
calculating the amount divisible among the co-sharers as profits, be made at the rate
applicable to exproprietary tenants ; provided that if such siris let the rent payable by the
tenant thereof shall be accepted as the fair valuation, unless the court, for reasons to be
recorded, decides to make the valuation in some other manner.

234. [Provision for joinder of parties and form of decree in certain suits.] - In any
suit under Section 224, Section 226, Section 227, Section 228 or Section 231, the plaintiff may
 U.P. Tenancy Act, 1939 65

sue any number of co-sharers collectively, but in such case the decree shall specify the extent
to which each of the defendants is affected thereby.

CHAPTER Xill
Compensation and Penalties
235. [Application of this Chapter to under-proprietors, etc.] - In this Chapter
"tenant" shall include an under-proprietor and a permanent lessee.

236. [Tenant entitled to compensation for illegal exactions.] - If any person, -

(a) knowingly collects any sum or produce in excess of the amount due as an
arrear of rent or sayar;
(b) charges interest on an arrear of rent at a rate exceeding that allowed by this
Act;
(c) infringes the provisions of Section of 90 or collects any sum which is
irrecoverable under the provisions of Section 91;
(d) collects any rent of which payment has been remitted in accordance with the
provisions of this Act, or, before the expiry of the period of suspension, collects any
rent of which payment has been suspended in accordance with the provisions of the
Act;
(e) without reasonable cause, credits a payment made towards rent
or sayar otherwise than to rent orsayaror otherwise than in accordance with the
provisions of Section 130;
the tenant or lessee or licensee of sayar, as the case may be, shall be entitled to
recover from such person such compensation, not exceeding two hundred rupees, as the
Court having regard to the circumstances of the case, may decree, in addition to any amount
or value of any produce which may have been so collected, charged or credited.

237. [Power to award compensation in suit.] - When, in any suit for arrears of rent, the
Court finds that the landholder has, without reasonable cause, refused or neglected to deliver
to the tenant a receipt, or neglected to prepare and retain a counterfoil of the receipt in the
manner prescribed by Section 133, in respect of any year to which such suit relates, it may
award to the tenant such compensation, not exceeding double the amount or value of the rent
paid, as it may decree.

238. [Penalty for collecting rent remitted or suspended.] - If a landholder collects any rent
of which the payment has been remitted in accordance with the provisions of this Act, or,
before the expiration of the period of suspension, collects any rent of which the payment has
been suspended in accordance with the provisions of this Act, the whole of the revenue or
rent, as the case may be, remitted or suspended in his favour shall become immediately
payable by him.

239. [Penalty for habitual refusal or neglect to give receipts.] - If any person habitually
refuses, or neglects, to give receipts in accordance with the provisions of Section 133, he
shall, on conviction by a criminal Court, be liable for a first offence to a fine not exceeding one
 U.P. Tenancy Act, 1939 66

hundred rupees, and for a second or subsequent offence to imprisonment for a term not
exceeding three months or to fine not exceeding five hundred rupees or to both.

240. [Penalty for illegal entry on a holding.] - (1) Any person against whom a decree or
order of ejectment from a holding or any portion thereof has been executed under the
provisions of this Act, or under the Agra Tenancy Act of 1926 or the Oudh Rent Act, 1886, and
who, so long as such decree or order remains in force, re-enters or attempts to re-enter, into
occupation of such holding without the written consent of the person entitled to admit him as
tenant, shall be presumed to have done so with intent to intimidate or annoy the person in
possession, within the meaning of Section 441 of the Indian Penal Code. [U.P. Ill of 1926,
XXII of 1886]
(2) If a landholder enters or attempts, to enter, upon a holding in the possession of a
tenant with the object of dispossessing him of such holding, otherwise than under the
provisions of this Act, such landholder shall be presumed to have done so with the intent to
intimidate or annoy such tenant within the meaning of Section 441 of the Indian Penal Code.
[XLVof 1800]

(3) Where a person is convicted of an offence of criminal trespass in the circumstances

stated in sub-section (1) or sub-section (2) and it appears to the Court convicting him that any
person has, by reason of anything done in the course of the committing of the offence, been
dispossessed of any land, the Court may, if it thinks fit, order the dispossessed person to be
restored to the possession of such land. [XLVof 1800]

CHAPTER XIV
Procedure and Jurisdictions of Courts, Powers of Lambardar, etc.
General Provisions
241. [Meaning of "proprietary right" in certain cases.] - In Section 246, sub-section
(2) of Section 247, Section 286 and Section 287, the words "proprietary right" shall include the
right of an under-proprietor.

242. [Suits and applications cognizable by Revenue Courts only.] - Subject to the
provisions of Section 286 all suits and application of the nature specified in the Fourth
Schedule shall be heard and determined by a Revenue Court, and no Court other than a
Revenue Court, shall, except by way of appeal or revision as provided in this Act, take
cognizance of any such suit or application, or of any suit or application based on a course of
action in respect of which any relief could be obtained by means of any such suit or
application.
‘TExplanation |. - lf the cause of action is one in respect of which relief might be granted
by the revenue Court, it is immaterial that the relief asked for from the civil Court may not be
identical with that which the revenue Court could have granted.]
[Explanation Il. - If the cause of action is one in respect of which relief might be
granted by the revenue Court under Section 180, it is immaterial that the relief which may be

* Subs. by U.P. Act No. 10 of 1947. w.e.f. 14.06.1947.

The original explanation was renumbered as (I) and a new explanation (Il) was ad by U.P. Act No. 10 of 1947.
w.e.f. 14.06.1947.
 U.P. Tenancy Act, 1939 67

asked for from the civil Court is greater than, additional to that which the revenue Court could
have granted.
Example. - |f in a suit under Section 180, a person claims damages exceeding four
times the annual rental value, he cannot oust the jurisdiction of the revenue Court by framing
his relief as such.]

243. [V of 1908] [Application of the Code of Civil Procedure, 1908.] - (1) The
provisions of the Code of Civil Procedure, 1908, except, -
(a) provisions inconsistent with anything in this Act, as far as the inconsistency
extends;
(b) provisions applicable, only to special suits or proceedings, outside the scope
of this Act; and
(c) the provisions contained in List | of the Second Schedule,
shall apply to all suits and other proceedings under this Act, subject to the
modifications contained in List II of the Second Schedule.
(2) [V of 1908] The rules mentioned in the Second Schedule of this Act shall be
interpreted, as referring to rules contained in the First Schedule to the Code of Civil Procedure,
1908, as altered or added to by the High Court of Judicature at Allahabad under Section 122
of the Code of Civil Procedure, 1908.

244. [Provision for granting any relief to which plaintiff is entitled] - In any suit
brought under Section 180, Section 183, or Chapter IX, or in deciding an application under
Section 175, which is treated as a suit under the provisions of Section 179, the Court may, on
the application of the plaintiff and after framing the necessary' issues, grant any relief which
the Court is competent "to grant, and to which it may find the plaintiff entitled, notwithstanding
that such relief may not have been asked for in the plaint:
Provided that, after framing such issues, the Court shall, on the request of either party,
grant reasonable time for the production of evidence.

245. [Powers of lambardar.] - (1) The lambardarin an undivided mahal or in the

common land of a mahal, thok or patti of which he is the lambardar, is entitled, in the absence
of any contract or usage to the contrary, to collect rents and other dues.
(2) Wherever the lambardar is entitled under the provisions of subsection (1) to collect
rents, he shall also be entitled to settle and eject tenants, to eject rent-free grantees, at a
favourable rate of rent, to enhance rents and to do all acts incidental to the proper
management of the estate with a view to the common benefit:
Provided that a lambardar shall not be entitled on behalf of other co-sharers without
their written consent to, -
(a) grant a theka;
(b) sell or cut down trees or groves;
(c) grant permission to erect building on the holding of a tenant.

246. [Suit, etc., by co-sharers in undivided property.] - (1) Except as otherwise

provided in sub-section (3) or in Section 245, where there are two or more co-sharers in any
right, title or interest, all things required or permitted to be done by the possessor of the same
shall be done by them conjointly, unless they have appointed an agent to act on behalf of all of
them.
 U.P. Tenancy Act, 1939 68

(2) Nothing in sub-section (1) shall affect any local usage or special contract by which a
co-sharer in an undivided property is entitled to receive separately the whole or his share of
the rent payable by a tenant.
(3) When one or two or more co-sharers is not entitled to sue alone and the remaining
co-sharers refuse to join as plaintiffs in a suit for money recoverable by them jointly, such co-
sharer may sue separately for his share, joining the remaining co-sharers as defendants.
(4) Where the tenant of a holding or the illegal transferee of such tenant is also a co-
sharer in the proprietary right in such holding, nothing in this section shall require him to be
joined as plaintiff in any suit or application brought or made against him as such tenant, or
illegal transferee under the provisions of this Act.

247. [Procedure when plea of payment in good faith to a third person is taken.] -
(1) When, in any suit brought under this Act by a landholder against an under-proprietor or a
tenant for arrears of rent, the under-proprietor or the tenant pleads that he has paid the rent of
the holding for the period in respect of which the suit is brought to a third person whom he in
good faith believed to be entitled to receive such rent, the Court shall, at the cost of such
under-proprietor or tenant, as the case may be, make such third person a defendant in the suit
and shall inquire into and decide the question.
(2) If the question is determined in favour of the under-proprietor or the tenant, the suit
shall be decided in his favour and he shall not be made a party to any subsequent suit
between the landholder and the third person for the recovery of the amount so paid or for the
determination of the proprietary right in the holding.

248. [Registration of encumbrance created by under-proprietor] - A beneficial

lease or other encumbrance created an under-proprietor on his tenure after the twenty-second
day of July, 1868, shall not be valid in the event of the sale of his rights and interests in
execution of a decree for arrears of rent, unless the encumbrance has been registered under
any rule or law for the time being in force in Oudh within four months after the creation thereof,
and not less than thirty days before the date of attachment of those rights and interests.

249. [Proprietor's lien for the rent payable by under-proprietor.] - (1) When an
under-proprietor creates any such encumbrance and fails to pay to the proprietor all or any
portion of the rent subsequently accruing in respect of the land subject to such encumbrance,
the encumbrancer shall be liable to pay to the proprietor such rent or such portion as the case
may be, unless the proprietor has agreed in writing to waive any claim which he might
otherwise have made on the encumbrancer under this section.
(2) Where an under-proprietor transfers his rights or any part thereof in land, and the
transferee enters into possession the transferee shall, subject to any agreement in writing with
the proprietor to the contrary, be liable to pay to the proprietor any arrears of rent due in
respect of the land at the date of the transfer.

250. [Right of pre-emption at execution sale in Oudh.] - (1) When land in Oudh is
sold in execution of a decree under this Act and the land or any part thereof has been knocked
down to a stranger, any co-sharer of the judgment-debtor but not the judgment-debtor, may,
before confirmation of the sale, claim to take such land or part at the highest bid.
(2) A like claim may be made, if the land is a proprietary tenure, by an under-proprietor,
and if the land is an under- proprietary tenure, by a proprietor.
(3) Any claim made under this section shall be allowed :
 U.P. Tenancy Act, 1939 69

Provided that a claim made under the provisions of sub-section (1) shall prevail over a
claim made under the provisions of sub-section (2).
Provided further that a claim shall not be allowed unless the claimant fulfils all the
conditions of the sale binding on a purchaser.
Provided further that if two or more persons equally entitled make valid claims within
the time allowed, lots shall be drawn.

251. [Sale of certain tenant's interest of arrears for rent.] - (1) The interest of a
tenant holding on special terms in Oudh of an exproprietary tenant, of an occupancy tenant,
or of a hereditary tenant in his holding or in any part thereof may be sold in execution of a
decree for arrears of the rent of such holding and, unless such interest is purchased by the
landholder thereof, the purchaser shall, subject to the provisions of sub-section (3), have the
same interest in such holding or such part and be subject to the same liabilities in respect of
such holding or such part as the tenant.
(2) Before selling the interest of a tenant in a part only of his holding in accordance with
the provisions of sub-section (1), the Court executing the decree shall, in accordance with
rules made by the Board, distribute the rent of the holding over such part and the remainder of
the holding.
(3) When such interest is sold either, -
(a) a sub-tenant of such holding; or
(b) an agricultural or other labourer or a servant of the village community who
permanently resides in the village and does not belong to any of the classes mentioned
in clause (c) to (e); or
(c) a person, who is not a proprietor or an under-proprietor in the village and
who cultivates land and resides in the village; or
(d) the landholder; or
(e€) a person who is a proprietor or an under-proprietor in the village;
may in the above order of priority, within fifteen days of the date of sale, claim to take such
interest at the highest bid :
Provided that where two or more persons belonging to the same class, being class
mentioned in clause (a) or clause (c), claim to take such interest preference shall be given to
the claimant who cultivates, the smallest area in the village; and when two or more such
claimants cultivate the same area, preference shall be decided by lot :
Provided further that if two or more persons belonging to the same class, being a class
mentioned in clause (b) or clause (e) claim up take such interest preference shall be decided
by lot:
Provided also that if such interest is not claimed by such sub-tenant the landholder
may within fifteen days of the sale claim to take such interest on payment of the highest bid
together with a sum equal to five per cent thereon and such claim shall have priority over any
other claim.

252. [Lease in execution of a decree for arrears of rent.] - (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
 U.P. Tenancy Act, 1939 70

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.

253. [IX of 1908] [Application of Limitation Act.] - Subject to the provisions of this
Act, the provisions of Section 5 of the Indian Limitation Act, 1908 shall apply to suits and other
proceedings under this Act.

254. [Limitation in cases under the Act.] - The suits and other proceedings specified
in the Fourth Schedule shall be instituted within the time prescribed in that Schedule for them
respectively.

255. [Court-fees payable.] - The court-fees payable in suits and on application under
this Act shall be as specified in the sixth column of the Fourth Schedule.

Powers of Courts
256. [Place of sitting of Revenue Court.] - (1) The Board may sit for the disposal of
cases under this Act at the headquarters of any district.
(2) Every other Revenue Court shall sit for the disposal of such cases as provided in
Section 189 of the United Provinces Land Revenue Act, 1901.

257. (U.P. Ill of 1901] [Powers of Assistant Collector of the second class.] - An
Assistant Collector of the second class shall have power to dispose of all suits specified in
serial Nos. 1 to 6, inclusive, of Group A of the Fourth Schedule, in which the value of the
subject-matter docs not exceed two hundred rupees, and except as otherwise provided in this
Act, a tahsildar shall have power to dispose of all applications included in Group C of that
Schedule.

258. [Powers of Assistant Collector of the first class.] - An Assistant Collector of

the first class shall have power to dispose of all suits specified in Group A and B of the Fourth
Schedule.
 U.P. Tenancy Act, 1939 71

259. [Powers of Assistant Collector incharge of a sub-division.] - An Assistant

Collector in charge of a sub-division shall have power to dispose of all applications specified in
Group D of the Fourth Schedule.

260. [Powers of Collector.] - A Collector shall have all the powers which may be
exercised under this Act by an Assistant Collector in charge of a sub-division and in addition
shall also have power to dispose of the applications specified in Group E of the Fourth
Schedule.

261. [Investment of Assistant Collector with the powers of Collector.] - The State
Government may confer on an Assistant Collector of the first class all or any of the powers of
a Collector under this Act, and such Assistant Collector shall exercise such powers in respect
of such cases or classes of cases as the Collector may direct.

262. [Court in which proceedings to be instituted.] - (1) Notwithstanding anything in

Section 15 of the Code of Civil Procedure, 1908 :-
(a) [V of 1908] All suits specified in serial Nos. 1 to 6, inclusive, of Group A, of
the Fourth Schedule, in which the value of the subject-matter does not exceed two
hundred rupees, and all application included in Group C of that Schedule shall be
instituted in the Court of the tahsildar,
(b) all suits under Serial Nos. 7 to 16, inclusive, of Group A of the Fourth
Schedule, and all other suits included in that group in which the value of the subject-
matter exceeds two hundred rupees and all suits included in Group B of that Schedule,
and all applications included in Group D of that schedule, shall be instituted in the
Court of Assistant Collector in-charge of the sub-division :
Provided that if there is no Assistant Collector in-charge of the sub-division, all such
suits and applications shall be instituted in the Court of the Collector:
Provided also that the Collector may, by written order, direct that any class of suits or
applications referred to in this sub-section shall be instituted in the Court of any other Assistant
Collector competent to try them under the provisions of this Act.
(2) All applications included in Group E of the Fourth Schedule shall be made in the
Court of the Collector.
(3) All applications included in Group F of the Fourth Schedule shall be made in the
Court empowered to entertain them under the provisions of this Act.

Appeals
263. [Appeal to lie as allowed by the Act.] - No appeal shall lie from any decree or
order passed by any Court under this Act except as provided in this Act.

264. [Appeal from decree of Assistant Collectors of the second class.] - Except as
provided by Section 286, an appeal shall lie to the Collector from every decree of an Assistant
Collector of the second class.

265. [Appeal from decree of Assistant Collector of the first class or of Collector
to Commissioner or civil Court.] - (1) An appeal shall lie to the District Judge from the
decree of an Assistant Collector of the first class or of a Collector in any of the suits included in
Group A of the Fourth Schedule in which, -
 U.P. Tenancy Act, 1939 72

(a) the amount or value of the subject-matter of the appeal exceeds fifty rupees;
or
(b) the liability to pay rent or the amount of rent annually payable has been in
issue in the Court of first instance, and is in issue in the appeal; or
(c) the amount of rent payable separately to one or more of a number of co-
sharers has been in issue in the Court of first instance, and is in issue in the appeal; or
(d) in any suit under the provisions of Chapter XII in which the liability to pay
revenue or rent or the amount of the revenue or rent annually payable has been in
issue in the Court of first instance, and is in issue in appeal :
Provided that, when the amount or value of the subject-matter of the suit exceeds five
thousand rupees, the appeal shall lie to the High Court.
(2) Subject to the provisions of sub-section (3) of this section and of Section 202, an
appeal shall lie to the Commissioner from the decree of a Collector or of an Assistant Collector
of the first class in all suits included in Group B of the Fourth Schedule.
(3) An appeal shall lie to the District Judge from the decree of an Assistant Collector of
the first class or of a Collector in all suits, in which a question of jurisdiction has been decided
and is in issue in the appeal;
Provided that, when the amount or value of the subject-matter of suits exceeds five
thousand rupees, the appeal shall lie to the High Court.

266. [Appeal from appellate decree of Collector.] - An appeal to the District Judges
from the appellate decree of a Collector in any suit in which a question of jurisdiction has been
decided and is in issue in appeal.

267. [V of 1908] [Appeal from appellate decree of Commissioner.] - An appeal

shall lie to the Board from the appellate decree of a Commissioner on any of the grounds
specified in Section 100 of the Code of Civil Procedure, 1908.

268. [Power of Board to reject an appeal summarily.] - The Board may either admit
an appeal or may summarily reject it.

269. [Appeal from appellate decree of District Judge.] - An appeal shall lie to the
High Court from the appellate decree of a District Judge on any of the groups specified in
Section 100 of the Code of Civil Procedure, 1908.

270. [V of 1908] [Appeal to Collector from order of Assistant Collector of the

second class.] - Except as otherwise provided in this Act, an appeal shall lie to the Collector
from every order, including an order rejecting an application for review, passed by an Assistant
Collector of the second class.

271. [Appeal from order of Assistant Collector of the first class, and of Collector,
in certain cases.] - (1) An appeal lies to the Collector from the order of an Assistant Collector
of the first class and to the Commissioner from the original order or a Collector, in any or the
cases specified below, namely, -
(a) an order deciding a question regarding compensation for improvements
under Section 159; or determining the value of crops or trees or the amount of
compensation under the provisions of Section 160;
 U.P. Tenancy Act, 1939 73

(b) an order under Section 170, extending or refusing to extend the time for
payment;
(c) an order under Section 15, Section 16, Section 18, Section 53, Section 64,
Section 72 to 75, Section 77, Section 79 to 81, Section 95', Section 126-A, Section 251,
Section 252 and Section 294.
(2) [V of 1908] An appeal shall lie from an order mentioned in Section 47 or Section
104 or Section 144 or in Order XLIII, Rule 1 of the Code of Civil Procedure, 1908, and made
by an Assistant Collector of the first class of a Collector.
Such appeal shall lie to the Court, if any, having jurisdiction under Section 265 of this
Act to hear an appeal from the decree in the suit, or in the case of an application for execution,
to the Court having jurisdiction to hear an appeal from the decree which is being executed.

2/72. [No appeal from appellate orders.] - No appeal shall lie from any order passed
in appeal under the provisions of sub-section (7) of Section 126, Section 126-A, Section 270 or
Section 271.

Review
273. [Review by Board.] - The Board, on its own motion or on the application of a
party to the case, may review and may rescind, alter or confirm any decree or order made by
itself, or by a single member.

274. [Review by other Courts.] - Every other Court shall be competent to review its
judgment in accordance with the provisions of the Code of Civil Procedure, 1908, and the
provisions of Order XLVII of the said Code shall apply to any such review. [V of 1908]

Revision
275. [Power of Board to call for cases.] - The Board may call for the record of any
case decided by any subordinate revenue Court in which no appeal lies either to the District
Judge or the Board, and if such subordinate Court appears, -
(a) to have exercised a jurisdiction not vested in it by law, or
(b) to have failed to exercise a jurisdiction so vested, or
(c) to have acted in the exercise of its jurisdiction illegally or with material
irregularity, the Board may pass such order in the case as it thinks fit.

2/6. [Power of High Court to call for cases.] - The High Court may call for record of
any suit or application which has been decided by any subordinate revenue Court, and in
which an appeal lies to the District Judge and in which no appeal lies to the High Court and if
the District Judge or such subordinate Court appears, -
(a) to have exercised a jurisdiction not vested in its by law, or
(b) to have failed to exercise a jurisdiction so vested, or
(c) to have acted in the exercise of its jurisdiction illegally or with material
irregularity, the Court may pass such order in the case as it thinks fit.

Transfer of Cases

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

 U.P. Tenancy Act, 1939 74

2/7. [Transfer of cases by Board.] - The Board may, on sufficient cause being
shown, transfer may withdraw any case or class of cases from an assistant settle-appeals
from any revenue court to any other revenue court competent to deal therewith.

278. [Transfer of cases by Commissioner.] - A Commissioner may exercise within

the limits of his division the same powers as the Board under the last preceding section.

279. [Transfer of appeal by Commissioner to Collector.] - (1) A Commissioner may,

with the previous sanction of the Board, transfer any appeal or class of appeals pending
before himself, to any Collector within his division.
(2) The order passed by a Collector on an appeal transferred to him by a
Commissioner under sub-section (1) shall be subject to appeal and revision in the same
manner as if it had been passed by the Commissioner.
(3) The Commissioner may, by order, recall, to his own Court any appeal or class of
appeals transferred to a Collector under sub-section (1).

280. [Transfer of cases by Collector or Assistant Collector.] - A Collector, with the

previous sanction of the Commissioner, or an Assistant Collector in charge of a sub-division
with the previous sanction of the Collector, may transfer any case or class of cases pending
before himself, to any subordinate Court competent to deal therewith.

281. [Withdrawal of cases by Collector or Assistant Collector.] - A Collector or an

Assistant Collector in charge of a sub-division may withdraw any case or class of cases from
any Court subordinate to him, and may try such case or class of cases himself, or transfer
such case or class of cases to any other subordinate Court competent to deal therewith.

282. [Subordination of Courts.] - For the purposes of Sections 280 and 281, the
Courts of all Assistant Collectors shall be deemed to be subordinate to the Collector and the
Courts of all Assistant Collectors of the second class to be subordinate to the Assistant
Collector in charge of the sub-division within which they exercise jurisdiction.

283. [Transfer and withdrawal by Settlement Officer.] - A Settlement Officer may

transfer any case or class of cases pending before him to any Assistant Settlement Officer,
and may withdraw any case or class of cases from an Assistant Settlement Officer and may try
such case or class of cases himself, or transfer the same to any other Assistant Settlement
Officer.

284. [Transfer revenue appeals by District Judge.] - A District Judge may, with the
previous sanction of the High Court transfer any appeal or class of appeals, from the decree
or order of a revenue Court pending before himself, to a civil Judge subordinate to him and
such Civil Judge shall dispose of such appeal or class of appeals as if he were a District
Judge.

285. [Withdrawal of revenue appeals by District Judge.] - A District Judge may

withdraw from a Civil Judge any appeal or class of appeals from a decree or order of a
revenue Court and try such appeal or class of appeals himself or transfer such appeals or
class of appeals to any other Civil Judge competent to deal therewith.
 U.P. Tenancy Act, 1939 75

Questions of Proprietary Right in Revenue Courts

286. [Procedure when plea of proprietary right raised.] - (1) If in any suit or
proceeding in a revenue Court a question of proprietary right in respect of the land which
forms the subject-matter of the suit or proceeding is raised, and such question has not
previously been determined by a court of competent jurisdietion, the revenue court shall frame
an issue on the question of proprietary right and submit the record to the competent civil court
for the decision of that issue only :
Explanation |. - A plea of proprietary right which is clearly untenable and intended
solely to oust the jurisdietion of the revenue courts shall not be deemed to raise a question of
proprietary right within the meaning of this section.
Explanation ||. - A question of proprietary right does not include the question whether
land is sir or knudkasht.
(2) The civil Court, after re-framing the issue, if necessary, shall decide such issue only
and return the record together with its finding thereon to the revenue court which submitted it.
(3) The revenue court shall then proceed to decide the suit, accepting the finding of the
civil court on the issue referred to it.
(4) An appeal from a decree of a revenue court passed in a suit in which an issue
involving a question of proprietary right has been decided by a civil court under sub-section
(2), shall lie to the civil court which having regard to the valuation of the suit, has jurisdietion to
hear appeals from the court to which the issue of proprietary title has been referred.

287. [Proceduree in appeal when material for determining question of proprietary

right not on record.] - If in any appeal filed under the provisions of sub-section (4) of Section
286, the appellate court has not before it all the material necessary for the determination of the
question of proprietary right it may either,
(a) remand the case to the civil court which decided the issue on the question
of proprietary right, or
(b) frame a fresh issue with respect to such question and refer it for trial to any
subordinate court of competent jurisdietion.

Questions of tenant right in civil courts

288. [Procedure when plea of tenancy raised in civil Court.] - (1) if in any suit
relating to agricultural land instituted in a civil court, any question regarding tenant right arises
and such question has not previously been determined by a court of competent jurisdietion,
the civil court shall frame an issue on the plea of tenancy and submit the record to the
appropriate revenue court for the decision of that issue only.
Explanation - A plea of tenancy which is clearly untenable and intended only to oust
the jurisdiection of the civil court shall not be deemed to raise a plea of tenancy.
(2) The revenue court after re-framing the issue if necessary, shall decide such issue
only, and return the record together with its finding thereon to the civil court which submitted it.
(3) The civil court shall then proceed to decide the suit, accepting the finding of the
revenue court on the issue referred to it.
(4) The finding of the revenue court on the issue referred to it shall, for the purposes of
appeal, be deemed to be part of the finding of the civil court.

Conflict of Jurisdiction
289. [Power to refer question of jurisdiection to High Court.] - (1) Where either a
civil or a revenue court is in doubt whether it is competent to entertain any suit, application or
 U.P. Tenancy Act, 1939 76

appeal, or whether it should direct the plaintiff, applicant or appellant to file the same in a court
of the other description, the court may submit the record with a statement of the reasons for its
doubt to the High Court.
(2) Where any suit, application or appeal, having been rejected either by a civil court or
by a revenue court on the ground of want of jurisdiction, is subsequently filed in a court of the
other description, the latter court, if it disagrees with the finding of the former, shall submit the
record, with a statement of the reasons for its disagreement to the High Court.
(3) In cases falling under sub-section (1) or sub-section (2), if the Court is a revenue
court is a revenue court subordinate to the collector, no reference shall be made under the
foregoing provisions of this section except with the previous sanction of the collector.
(4) On any such reference being made, the High Court may order the court either to
proceed with the case, or to return the plaint, application or appeal for presentation to such
other court as it may declare to be competent to try the same.
(5) The order of the High Court shall be final and binding on all Courts, subordinate to it
or to the Board.

290. [Plea in appeal that suit was instituted in wrong Court.] - When in a suit
instituted in a civil or revenue Court, an appeal lies to the District Judge or to the High Court,
an objection that the suit was instituted in the wrong court shall not be entertained by the
appellate court unless such objection was taken in the court of first instance; and the appellate
Court shall dispose of the appeal as if the suit had been instituted in the right court.

291. [Procedure when objection was taken in the court of first instance.] - (1) If, in
any such suit, such objection was taken in the court of first instance, and the appellate court
has before it all the material necessary for the determination of the suit, it shall dispose of the
appeal as if the suit has been instituted in the right court.
(2) If the Appellate court has not before it all such materials, and remands the case, or
frames issues and refers them for trial, or requires additional evidence to be taken, it may
direct its order either to the court in which the suit was instituted, or to such court as it may
declare to be competent to try the same.
(3) No objection shall be taken or raised in appeal or otherwise to any such order on
the ground that it has been directed to a court not competent to try the suit.

CHAPTER XV
Power fo make rules.
292. [Power of State Government to make rules.] - The State Government may,
after previous publication, make rules consistent with this Act, -
(a) as to the fees payable under this Act;
(b) as to the time of the year for excecution of decrees for ejectment in any local
area;
(c) as to the attestation of leases, counterparts and agreements under Section
57;
(d) as to the dates on which profits shall be divisible;
(e) generally for giving effect to the provisions of this Act.
 U.P. Tenancy Act, 1939 77

293. [Power of Board to make rules.] - The Board may, with the previous sanction of
the State Government, and after previous publication, make rules consistent with this Act and
with any rules made under Section 292-
(a) for the guidance of officers in the determination, enhancement, abatement,
and commutation of rent:
(b) for the guidance of officers deciding applications under Sections 15 and 16
and Section 18;
(c) for the guidance of officers deciding suits under Section 49;
(d) for the guidance of officers deciding applications under Sections 53 and 54;
(e) for the guidance of rent-rate officers;
(f) as to the manner of publication of a notice of abandonment;
‘I(ff) as the manner and order of preference in which land shall be let by the
landholder or Collector under Section 126-A;]
(g) as to the procedure to be followed in applications under this Act;
(h) for the guidance of officers in executing a decree for arrears of rent by sale
or lease of the interest of tenant in a holding or part of a holding;
(i) as to the transfer of cases by revenue courts;
(j) as to the person before whom and the mode in which affidavits may be made
and the matters which may be proved by affidavits; and
(k) generally for giving effect to the provisions of this Act.

CHAPTER XVI
TRANSITIONAL PROVISIONS
294. [Application by ejected tenant for reinstatement in his holding] - (1) If, after
the first day of April, 1937, a tenant was ejected from his holding for non-payment of arrears of
rent due on account of kharif 1344 fasli or any previous instalments, he may, within six months
of the commencement of this Act apply to the court which passed the order of ejectment to be
reinstated in his holding, and on receipt of such application, the court, after making such
enquiry as it thinks fit shall order that the apblicant be put in possession of the holding from
which he was ejected and that any other person in possession of such holding be ejected
therefrom :
Provided that, if such holding or a part thereof was let to another person in the
agricultural, year 1345 Fasli and has since been continuously so let, no order shall be passed
under this section in respect of such holding or such part, as the case may be.
(2) No person shall be reinstated in his holding or any part thereof under the provisions
of this section unless within such time as may be allowed by the Court, he pays to the
landholder -
(a) the cost of the proceedings which resulted in his ejectment, and
(b) any amount that may have been paid to him by the landholder as
compensation for improvements when he was so ejected, and
(c) in a case in which the landholder has made an improvement on the holding,
since such ejectment, compensation for such improvement calculated in accordance
with the provisions of this Act.

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

 U.P. Tenancy Act, 1939 78

(3) No person shall be ejected from his holding under the provisions of this section until
he has received compensation for any improvement made by him calculated in accordance
with the provisions of this Act.
(4) On reinstatement, the rights and liabilities of the applicant in respect of land from
which he was ejected shall revive :
Provided that if he is reinstated in a part only of the land from which he was ejected,
the applicant shall be liable to pay such rent as the court ordering such reinstatement may
decide.

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

Notwithstanding any contract to the contrary or anything in this Act or any other law for the
time being in force every person who at the commencement of this Act is a sub-tenant in Oudh
shall be entitled to retain possession of this holding for a period of five years from sued
commencement, and for this period nothing in sub-section (2) of Section 44 or section 171
shall rende; the landholder of such subn-tenant liable to enactment under the provisions of
Section 171:
Provided that nothing in this section shall authorize a sub-tenant of a person who
belongs to one of the classes mentioned in Section 41 to retain possession of his holding after
the disability of such person has ceased.
‘[295A. Notwithstanding any contract to the contrary or anything contained in this Act
or any other law for the time being in force every person who on the date of the
commencement of the United Provinces Tenancy (Amendment) Act, 1947, is a sub-tenant
shall, subject to the provisions of the proviso to sub-section (3) of section 27 of the United
Provinces Tenancy (Amendment) Act, 1947, be entitled to retain possession of this holding for
a period of five years from that date, and for this period nothing in sub-section (2) of Section
44 or section 171 shall render the landholder of such sub-tenant liable to ejectment under the
provisions of Section 171 :
Provided that nothing in this section shall authorise a sub-tenant of a person who
belongs to one of the classes mentioned in Section 41 to retain possession of his holding after
the disability of such person has ceased.]

296. [U.P. Ill of 1926, XXII of 1886] [Disposal of pending suits.] - A suit under any of
the provisions of the Agra Tenancy Act, 1926 or the Oudh Rent Act, 1886, which is pending at
the commencement of this Act or a decree under any of the provisions of either of these Acts,
which has not been satisfied in full at such commencement, shall be decided or executed, as
the case may be, in accordance with the corresponding provision of this Act and if there is no
such corresponding provision, the proceedings relating to such suit or decree shall be
quashed.

* Added by U.P. Act No. 10 of 1947. w.e.f. 14.06.1947.

 U.P. Tenancy Act, 1939

THE FIRST SCHEDULE

(See Section 1)
Areas to which the Act will not apply in the first instance
| - The district of Almora and Garhwal.
Il - In the district of Naini Tal -
(a) the Naini Tal sub-division;
(b) the following villages of the Tarai and Bhabar Government estates :

Pargana Bazpur

Bajawala. Gulzarpur.

Bannakhera. Hazarin.

Bannakhera Sani. Haripura.

Banskhera. Harsan.

Banskheri. khamari.

Baraihni. Maindaya Hattoo.

Bhainsia. Rajpura no. 1.

Bhajwanagla. Ratanpuri.

Bhikampur. Somalpuri.

Bijai Rampura. Sheopuri.

Chanakpur. Thapakuagala

Gularia Gobra. Kalabandwari

 U.P. Tenancy Act, 1939 80

Faridpur

Pargana Godarpur

Alakhdei. Madnapur.

Andkhera. Mahloi Jungle.

Beria. Mukandpur.

Bari Rain. Nandpur.

Buxaura. Piapalia.

Khanpur Pachcham. Kopa.

Khanpur. Jafarpur.

Kulha. Gadarpuri.

North of Kashipur

Kamdebpur. Kandala.

Beria. Birpur lachi

Lalitpur. Birpur Tara.

Karailpuri. Rajpur.

Thari. Pipalsana

In Khushalpur Circle

Khusnalpur. Lampur Lach.

Lampur Moti. Shahbazpur.

(c) the Bhabar villages in the Tarai and Bhabar sub-division which are settled
with zamindars.

THE SECOND SCHEDULE

(See Section 243)
Application of the Code of Civil Procedure, 1908
LIST |
Sections and Orders of the Code of Civil Procedure, 1908, which do not apply to suits
or proceedings under this Act
Section 9.
Sections 68 to 72 inclusive.
Section 88.
Sections 113, 114, 115.
Order XXII, Rule 8.
" XXXII (Pauper suits). The whole.

" XXXV (Inter pleader suits). | The whole.

 U.P. Tenancy Act, 1939 81

" XXXVI (Special cases). The whole.

" XLIV (Pauper appeals). The whole.

" XLVI (Reference). The whole.

LIST Il
Sections and Orders of the Code of Civil Procedure, 1908, which apply subject to the
modifications stated against each
SI. |Sections Modifications
No.

1 |24 " " Applies only to the transfer of appeals under this Act by
the High Court from the Court of one District Judge to
the Court of another District Judge.

2 133 " " No decree need be prepared in the case of an

application under this Act unless the preparation of a
decree is prescribed by rule.

3 |58(2) " " Where a judgment-debtor has been released from

detention under this section, the Court may declare
him absolved from further liability for payment of
money under that decree, and such liability shall
thereupon be extinguished.

4 160 " " To the particulars not liable to attachment or sale shall
be added 'manure stocked by an agriculturist.'

5 198 " " Nothing in this section shall require two members of
the Board to sit together in the exercise of appellate or
revisional jurisdiction under this Act

6 144 " " In this section the words "or order’ shall be deemed to
be inserted after the word "decree" wherever it occurs.

7 |Order V, Rules 9 to}A summons or notice may, if the State Government by

30. rule, either generally or in respect of any local area or
class of cases, so directs, be served by post in addition
to, any other mode of service.

8 |Order VII, Rule 1 In addition to the particulars contained in this rule, the
plaint shall specify the name of the village
and mahal and of the pargana or other local division, in
which the land is situate to which the suit or other
proceeding relates, and unless such land can be
otherwise adequately described, the number of each
field according to the Government — survey;
and if the suit is for arrears of rent, the plaint
shall contain a statement of account, showing the
annual demand for each period to which the suit
relates, the amount, if any, received, and the amount
 U.P. Tenancy Act, 1939 82

claimed to be due;
and if the suit is for ejectment of a tenant, the
plaint shall set forth the ground or grounds on which
the ejectment is sued for.

9 |Order XX, rule 6 Every decree for rent shall also state the amount
including interest, due on account of each agricultural
year in respect of which relief is granted.

10 | Order XXI (1) No application for the execution of a decree shall

be made by an assignee of the decree unless the
assignor's interest in the land to which it relates has
become and is vested in such assignee.

11 " (2) If the property against which execution is applied

for is a mahal, or a share of a mahal, or the holding of
a permanent tenure-holder, or the fixed-rate tenant or
an under- proprietor the decree shall be sent to the
Collector, who shall execute the same as if it had been
a decree of his own Court.

12 |Order XLI, Rule I,|/In addition to the copies required by this rule every
read with Order XLII. |] memorandum of second appeal shall be accompanied
by a copy of the judgment of the original Court.

13 | Order XLI, Rule Il Nothing in this rule shall require the Board to hear any
party before rejecting an appeal summarily.

14 |Order XLI, Rules 30}No judgment of the Board need be dated or signed, or
and 31. pronounced in open Court.

THE THIRD SCHEDULE

(See Section 55)
Form of Lease or Counterpart

A, B, GD leased
I, FB, ,son of H, 1. _ resident of J/E, haveteken on lease ne

. to F, G, , ; ;
The undermentioned land ————————_ son of resident of J/E in mahal K, mauza L.
from A, B,

(here adequately describe the holding and give details mentioned in Section 55), at an
annual rent of Rs. ( ), payable in the following instalments and on the following dates,
namely ;
(.) Rs. on the ( ) day of ( )
(.) Rs. on the ( ) day of ( )
(.) Rs. on the ( ) day of ( )
(.) Rs. on the ( ) day of ( )
 U.P. Tenancy Act, 1939 83

‘The period of the lease being for( ) years, that is to say from —--- (date) to....... (date)
Dated the ( ) day of( ), 19...

Signed (A, B, landlord)

(or marked) F, G, tenant)
becteeeees Witness (if marked) M.N.

THE FOURTH SCHEDULE

Powers of Courts, etc.
The jurisdiction both original and appellate specified in the heading of each group is in all
cases subject to the provisions of Sections 264, 286 and 288
Group A - Suits
(Suit triable by Assistant Collector of the First Class - appeal, if any, to the civil Court;
suits under serial Nos. 1 to 6 inclusive, when not exceeding Rs. 200 in value, are triable by an
Assistant Collector of the Second class - appeal to Collector.)
Sl. [Section |Description of suit Period of}Time from which|Proper — court-
No. | of Act limitation period begins to run | fees

1 140 For recovery of a deposit of} Three years |When the amount]As in the Court
rent deposited was paid by} Fees Act, 1870.
the tahsildar.

2 144,148 |For arrears of rent Ditto Fifteen days after the Ditto.
arrear became due.

3 149 For recovery of rent paid Ditto Date of payment or Ditto.

by, or recovered from, a co- recovery.
tenant on account of
another co-tenant.

4 182 For the recovery of canal Ditto Date of delivery of Ditto.

dues canal jamabandi.

5 154(4)(b) |}To recover an amount] Three years |When the excess was] As in the Court
realized in excess. realized. Fees Act, 1870.

6 163(5), For arrears of rent None None Ditto.

169(5)

* To be filled up in the case of non-occupancy tenants only, and to be struck out in all other cases.
 U.P. Tenancy Act, 1939 84

7 172 For the ejectment of a One year |When the detrimental Ditto.
tenant or inconsistent act is
done or the condition
is broken.

8 174 For an injunction, or for the Ditto When the damage is Ditto.
repair of damage or waste, done or the waste
or for compensation. begins, or the
condition is broken.

9 |224 By alambardar to recover} Three years |VWWhen the arrears Ditto.

from a co-sharer arrears of became due.
revenue or rent, village
expenses, and other dues.

10 |225 By alambardar to recover Ditto When the rent or Ditto.

from —_ joint lambardar who revenue was paid.
defaults arrears of revenue
or rent paid by the former
on account of the latter.

11 1226 By a co-sharer to recover Ditto When the arrear were Ditto.

from a lambardar or paid.
another co-sharer who
defaults arrears of revenue
or rent paid by the former
on account of the latter.

12 |227 By amuafidar or assignee} Three years |When the arrears] Asin the Court
of revenue for arrears of became due. Fee Act, 1870.
revenue due to him as
such.

13 |228 By a superior proprietor for Ditto Ditto Ditto

arrears of revenue or rent
due to him as such.

14 |230 By a co-sharer against Ditto When the profits Ditto

a lambardar for his share of became divisible
the profits of a mahal, or of under Section 229.
any part thereof.

15 | 231 By a co-sharer against a Ditto Ditto Ditto

co-sharer for a settlement
of accounts and his share
of the profits of the mahal,
or of any part thereof.

16 |236(a) For compensation for any} Three months|The date of the} Eight annas.
sum of produce collected in collection.
excess of the amount due.

236(b) For compensation for Ditto The date of the Ditto

charging interest at a rate charging.
exceeding that allowed by
the Act.
 U.P. Tenancy Act, 1939 85

236(c) For compensation for Ditto The date of the Eight annas
infringing the provisions of collection or
Section 90 or collecting any infringement.
sum not recoverable under
Section 91.

236(d) For compensation for} Six months | Ditto Ditto

collecting remitted or
suspended rent.

236(e) For compensation for Ditto The date when Ditto

crediting payment made payment wrongfully
towards rent or sayar credited.
otherwise than to rent or
sayar or otherwise than in
accordance with the
provisions of Section 130.

GROUP B - SUITS
[Suits triable by Assistant Collector of the First class - Appeal to Commissioner except in the
case of serial nos. 20, 21, 22 which are governed by Section 202. ]
S.1. | Section} Description of suit Period |Time from which]|Proper court- fees
No. | of Act of period begins to run
limitation

1 49 For division of a holding} None None As in the Court

and distribution of rent. Fees Act, 1870, on
rent payable in
respect of the part
to be separated.

2 |55 For a lease or counterpart Do Do Eight annas.

3 159 For a declaration of Do Do Ditto.

plaintiffs right as tenant or
for a share in a joint
holding.

4 |60 By a landholder for a Do Do Ditto.

declaration of the right of a
person claiming to be
tenant.

5 |61 For a declaration as to any Do Do Ditto.

matters specified in
Section 55(2).

6 163 For a declaration that land Do Do Ditto.

 U.P. Tenancy Act, 1939 86

claimed as tenancy is sir

or khudkasht or vice versa.

7 85 To have a _ notice of| Fifteen | The date of the receipt Ditto.

surrender declared invalid. days or service of the notice.

8 94 For determination of rent} Asin As in Section 94 As in the Court

and for arrears Section Fees Act, 1870.
94

9 108 For the determination, Asin As in Section 108 Ditto

abatement, enhancement] Section
or commutation of rent. 108

10 |113 For commutation of rent. None None Ditto

11 1114 For abatement of the rent Do Do Ditto

of a tenant other than
permanent — tenure-holder
or fixed-rate tenant.

12 |115 For abatement of the rent Do Do Ditto.

of fixed-rate, tenant.

13 1116 For abatement of rent of Do Do Ditto.

an _under-proprietor or
permanent lessee.

14 |117 For enhancement of the Do Do Ditto.

rent of a tenant other than
a permanent tenure-holder
or fixed-rate tenant.

15 |118 For enhancement of rent Do Do Ditto.

of fixed-rate tenant.

16 |171 For ejectment of a tenant Do Do Ditto.

and his transferee on
account of an_ illegal
sublease or other transfer.

17 |179 For the ejectment of a non- Do Do As in the Court

occupancy tenant who Fees Act, 1870, on
contests his liability to the rent payable.
ejectment.

18 |180 For ejectment of a person -- -- _

occupying land without title
and tor damages: -

(1) If the land is contiguous -- -- _

to any other land lawfully
occupied by such person -

(a) if such person has,| Twelve |When the landholder As is the Court
at the commencement of] years |first knew of the Fees Acts, 1870, on
this Act. occupied the land unauthorised the rent payable.
for more than six years occupation.
since the landholder first
 U.P. Tenancy Act, 1939 87

knew of the unauthorized

occupation:

(b) in any other case Six years | From the 1st July Ditto
following the date of
such occupation or
following the date of
the commencement of
this Act, whichever is
later.

(2) In any other case -

(a) if such person has,| Twelve |When the landholder As in the Court
at the commencement of] years |first knew of the Fees Act, 1870, on
this Act, occupied the land unauthorized the rent payable
for more than 9 years occupation
since the landholder first
knew of the unauthorised
occupation:

(b) in any other case "two For the 1st July Ditto
years | following the date of
the unauthorized
occupation or following
the date of the
commencement of this
Act, whichever is later.

19 |183 for recovery of possession} “Three |When the wrongful As in the Court
of a holding or for] years |dispossession takes Fees Act, 1870.
compensation or both. place or when the
tenant is prevented
from obtaining
possession.

20 |190, For declaration and} None None As in the Court

192 assessment of revenue or Fees Act. 1870,
rent on a grant. according to the
annual letting value
of the land as
estimated by the
plaintiff.

21 |190, For fixing rent on a rent- Do Do Ditto.

194 free grant, or for
enhancing rent on grants
held at a favourable rate of
rent.

22 |190, For the ejectment of a rent} Twelve As in Section 96 Ditto

195 free grantee or of af] years
grantee holding at a

* Subs. by U.P. Act No. 10 of 1947. w.e.f. 14.06.1947.

? Subs. by U.P. Act No. 41 of 1948. w.e.f 14.06.1947.
 U.P. Tenancy Act, 1939 88

favourable rate of rent.

GROUP C - APPLICATIONS TRIABLE BY THE TAHSILDAR

Sl. |Section|Description of application | Period of|Time from which}|Proper court-fees
No. | of Act limitation |period begins to
run

1 84 For the service of a notice} As in] As in Section 84 Nil.

of surrender under Section | Section 84
82 or 83.

2 137 For permission to deposit} None None (i) If the amount

rent deposited does not
exceed Rs. 50-four
annas.
(ii) If the amount
deposited exceeds
Rs. 50 but does not
exceed Rs. 100-eight
annas.
(iii) If the amount
deposited exceeds
Rs. 100 - one rupee.

3 138(4) |For payment or refund of|None None As in the Court Fees

rent deposited under Act, 1870.
Section 137.

4 142 For the deputation of an|Do Do Ditto

officer to make division,
estimate or appraisement
of produce or crops.

5 163(1) |For the issue of a notice to |Asin As in Section 163 Ditto

an exproprietary, Section
occupancy or hereditary 163
tenant.

6 169(1) |For arrears of rent or}|Three When the arrears] Ditto

ejectment in default of al] years become due.
non- occupancy tenant.

7 175 For the ejectment of non-| None None Eight annas.

occupancy tenant.

1 15 Demarcation of joint sir None None Eight annas.

2 16 Demarcation of sir Do Do Ditto

3 [52 To have an exchange of Do Do As in the Court Fees

land recorded in_ the Act. 1870, according
record of rights. to the amount of rent
payable for the more
highly rented of the
two pieces of the land
 U.P. Tenancy Act, 1939 89

exchanged. For this

purpose the rent of sir
shall be the valuation
of such land at the
rates applicable to
hereditary tenant.

4 |53 For exchange of land Do Do Ditto.

5 70 For permission to make an Do Do As in the Court Fees

improvement Act, 1870.

6 71 Ditto Do Do Ditto.

7 7? Registration of works Six months | The date of the Nil.

completion of the
improvement.

8 |79(a) or|For establishment of right None None As in the Court Fees

(d) to make or benefit from a Act, 1870.
work.

9 |79(b) or}For settlement of dispute] One year | The date of the Ditto.
(c) as to an improvement or completion of the
as to compensation or improvement.
abatement of rent.

10 |80 For an order prohibiting None None Ditto.

the planting of trees or
removing the trees
planted.

11 +181 For ownership of trees Do Do Ditto.

GROUP E - APPLICATIONS TRIABLE BY THE COLLECTOR

Sl. | Section] Description of| Period of} Time from which] Proper court- fees
No. |ofAct | application limitation period begins to
run

1, ‘Omitted
2. Omitted
3. 91(4) For remission of | None None As in the Court Fees Act.
revenue 1870.

°3A, |126-A | Utilization of land in|Do Do Nil.

emergency

4 154 For collection of | So long as When notification |As on the plaint for
rent ‘Tor canal dues] as | notification in the official arrears of rent.
land revenue in case of | remains in- Gazette is

* Omitted by U.P. Act No. 10 of 1947. w.e.f. 14.06.1947.

? Omitted by U.P. Act No. 10 of 1947. w.e.f. 14.06.1947.
° Added by U.P. Act No. 10 of 1947. w.e.f. 14.06.1947.
“ Added by Sec. 7 of U.P. Act 1 of 1940, made by the Governor in exercise of the powers assumed by him under
Section 93 of Government of India Act, 1935.
 U.P. Tenancy Act, 1939 90

general refusal to pay. | force. published.

GROUP F - OTHER APPLICATIONS

SI. | Section] Description of application Period of]Time from|Proper court-
No. | of Act limitation |which period|fees
begins to run

1. |95 For determination of rent after|None None As in the Court

ejectment from, or surrender of part of, Fees Act, 1870.
holding.

2. |160 For determination of value of crops or| Do Do Ditto.

trees and of compensation.

3. |168 For the ejectment of an exproprietary,| Two years |On the expiry of | Ditto.
occupancy or hereditary tenant on the one year from
ground of an unsatisfied decree for the date of the
arrears of rent. decree.

4. 1170 For the ejectment of non-occupancy | Three years |The date of the | Ditto.
tenant on the ground of an unsatisfied final decree in
decree tor arrears of rent. the case.

5. For the execution of a money decree | Three years | The date of the | Ditto.
or a decree under Section 180 or final decree in
Section 183 in as far as it relates to the case.
the payment of damages- or
compensation not being a decree for a
sum exceeding Rs. 500 inclusive of
the costs of executing such decree but
exclusive of any interest which may
have accrued after decree upon the
sum decreed.

6. For the execution of any money|The period|As in the case | Ditto

decree or a decree under Section 180]allowed forjof a decree of
or Section 183 in as far as it relates to | the the civil Court.
the payment of damages or|execution of
compensation for a sum of money|a decree of
exceeding Rs. 500 inclusive of the |the civil
costs of executing such decree, but] Court.
exclusive of any interest which may
have accrued alter decree upon the
sum decreed.

7. For the execution of any decree other | One year The date of the | Ditto
than a money decree. final decree in
the case.

8. |273 and| Fora review of judgment Ninety days |The date of the | Ditto
274 decree or order

9. |275, For revision None None Ditto

276

10. | 294 For recovery of possession. As in the As in the One rupee.

 U.P. Tenancy Act, 1939 91

section section

GROUP G - APPEALS
1. To a Collector Thirty days The date of the decree|As_ in the
or order appealed|Court Fees
against. Act, 1870.

2. To a Commissioner or to a| Ditto Ditto Ditto

District Judge

3. To the Board, High Court. Ninety days Ditto Ditto

THE FIFTH SCHEDULE

(See Section 136)
Form of Counter Foil and Receipt for Rent
Note. - In the forms sold to Court of Wards Estates and to other proprietors, if they so
desire, the receipt portion will be printed in duplicate.
COUNTERFOIL
Book Nou... ee Page No...............00
Receipt No...........cccecece eeeeteeeeeeeeeeees
Name of landholder. o.oo... ccceceeeceeeeeeeeeteeeeeesiteeeetnteeeeeeennnees
Received from tenant (name and father's nameé).............0.0 eee of
Vilage... ee , Mahal... , Patti... , as follows :
Date]By whom/|Nature of|Kishtand|Whether on|Whether in|] Amount
paid tenant's year account of|full or in|received
(description) | holding rent or| part
of sayar payment

Rs. np.

bee deeeeeeeeeeeeeeeeecenetenseeeateeeeeeees Signature of landholder or agent

Note. - Under Section 133 of the United Provinces Tenancy Act, separate receipts
must be issued for each payment of rent or of sayar.

RECEIPT
 U.P. Tenancy Act, 1939 92

Book Nou... ee Page NO.............:c eee

Receipt No... ceeeeeeeeeeeeeeees
Name of landholder. oo... cccccceeeeeeeceeeneeeeeescteeeeeeennteeeesnnieeeeensneitereees
Received from tenant (name and father's name)..................cceceeeceeeeeeee tees of
Village oo... ee , Mahal... , Patti oe , as follows :
Date}By whom|Nature of}Kisht and|Whether on|Whether in full] Amount
paid tenant's year account offor in part}/received
(description) | holding rent or| payment
of sayar

Rs. np.

bi deeeeeeeeeeteeeeetetesteeeeeees Signature of landholder or agent

Note. - Under Section 133 of the United Provinces Tenancy Act, separate receipts
must be issued for each payment of rent or of sayar.

THE SIXTH SCHEDULE

(See Section 123)
Provision for the Granting of Relief in Agricultural Calamities. In this Schedule, -
(1) "harvest" means the kharif or rabi harvest;
(2) "holding" does not include the holding of an under-proprietor, permanent
lessee, permanent tenure-holder, or thekedar;
(3) "khudkasht" includes land cultivated by a permanent lessee or thekedar as
such either by himself with his own stock or by servants or by hired labour;
(4) "landlord" does not include a person with whom a sub-settlement has been
made under the provisions of Section 76 of the United Provinces Land Revenue Act,
1901, or with whom a settlement has been made under the provisions of Section 77 of
that Act:
(5) "relief in rent or revenue" means the remission or suspension of such rent or
revenue and "relief in rented" means the sum of the relief in rent and of the nominal
relief in valuation in mahal or portion of a mahal;
(6) "rent" means the amount of rent payable in respect of the harvest affected
by the calamity and includes the amount payable by an under-proprietor as defined
below;
(7) "rental" of a mahal or portion of a mahal means the sum of the fixed cash
rent of such mahalor portion payable to the landlord and of the valuation of
the sir or knudkasht of such landlord and of holdings the rent of which is payable by
division of the produce or based on an estimate or appraisement of die standing crops
as appertains to the area normally shown in the harvest in which the calamity occurred;
(8) "under-proprietor" includes an inferior proprietor with whom a sub-settlement
has been made in accordance with the provisions of Section 76 of the United
provisions of Section 77 of that Act;
(9) "valuation" means valuation in accordance with the provisions of
paragraph_4.
 U.P. Tenancy Act, 1939 93

2. (1) Relief in rent of a holding shall ordinarily be given in accordance with the
following scale :
Loss measured in annas per rupee of normal produce. Relief in rent
per rupee.
Amounting to 8 annas, but not amounting to 10 annas. 6 annas.

Amounting to 10 annas but not amounting to 12 annas. 10 annas.

Amounting to and exceeding 12 annas. 16 annas.

Provided that in Bundelkhand and in the trans-Jamuna parts of the Allahabad,

Etawah, Agra and Mathura Districts and in other areas, if justified by the circumstances
of the cultivators, suspension or remission of rent to the extent of 4 annas in the rupee
may be given which the loss measured in annas per rupee of the normal produce
amounts to 6 annas but does not amount to 8 annas.
(2) When the whole or a part of a holding is sub-let, relief shall be given to the
sub-tenant in accordance with the scale applied to such holding and shall be separate
from, and independent of the relief given to his landholder which shall be calculated as
if no part of the holding were sub-let.
(3) Nominal relief in valuation of sir or khudkasht and of holdings the rent of
which is paid by division of the produce or by an estimate or appraisement of the
standing crops, shall be given on the same scale as the relief in rent.
(4) If the whole or a portion of sir is let to a tenant, relief shall be given to such
tenant in accordance with the scale applied to such sir and shall be separate from, and
independent of, the nominal relief in valuation given to the sir-holder which shall be
calculated as if no part of such sir were let.
3. The relief in rent payable by under-proprietor, permanent lessee, permanent tenure-
holder or thekedar shall be calculated in accordance with the provisions of paragraph 2 and
paragraph 4 as if the rent payable by such under-proprietor, permanent lessee, permanent
tenure-holder or thekedar were [revenue and as if the rent payable to such under proprietor,
permanent lessee, permanent tenure-holder or thekedar were] payable to the landlord, and as
if the sir or Knudkasht of such under-proprietor, permanent lessee, permanent tenure-holder
or thekedar were the sir or Khudkasht of the landlord.
4. The valuation of sir and khudkasht and of holdings the rent to which is payable in
kind or by an estimate or appraisement of the crop shall be made in accordance with the
sanctioned rates applicable to occupancy tenants :
Provided that if special rates are sanctioned for the commutation of rents in kind such
rates shall be used for the valuation of such holdings :
Provided further that the Collector may order that the valuation may be made at the
average rate of rent payable by hereditary tenants for land in the village, less two annas in the
rupee or at the average rate paid by occupancy tenants for such land :
Provided also that holdings the rent of which is payable by division of the produce or by
an estimate or appraisement of the crops may be valued at the average rate payable for such
holdings in the most recent normal year.
5. In any mahal or portion of mahal in which relief is given in rental, the relief to be
given in revenue shall be of the same kind as the relief in rental and shall bear the same
proportion to the revenue of such mahal or of such portion as the relief given in rental bears to
the rental of such mahal or such portion.
 U.P. Tenancy Act, 1939 94

APPENDIX |
"Sections 19,21,27,28,
29, 30 and 31 of the United Province Tenancy (Amendment) Act, X of
1947]
19. [Notwithstanding the expiry of the period of limitation precribed therefor] in item 19
or group B of Schedule IV to the said Act for suits under Section 188 of that Act, if any tenant
was wrongfully ejected from the whole or any part of his holding between the first day of
January, 1940, and the first day of September, 1946, he shall be entitled to bring a suit for
recovery of possession under that Section withing six months from the date of the
commencement of this Act.
21. Notwithstanding the period of limitation prescribed in item 16 of group A of
Schedule IV to the said Act, for suits under clause (C) of Section 236 of that Act, if any person
has infringed the provisions of Section 90 of the said Act between the first day of January,
1940 and the date of the commencement of this Act in admitting to any land a tenant who is
declared as subtenant of such land under the provion to sub Section (3) of Section 27 of this
Act, a suit in respect of such infringement shall lie under the said clause of Section 236 of the
said Act within three months from the date of such declaration.

2/7. [Reinstatement of certain ejected tenants.] (1) If, on or after the first day of
January, 1940 any person was ejected from his holding or any part thereof-
(a) under Section 165 of the said Act for the non-payment of any amount not
exceeding one-fourth of his annual rent after taking into account the payment, if any
made by him outside the court, provided that such payment is supported by a receipt.
or
(b) under Section 171 of the said Act, otherwise than on the ground of an illegal
transfer by way of sale or gift,
or
(c) under Section 180 of the said Act notwithstanding his having been recorded
as an occupant after the first day of January, 1938 in a record revised under Chapter
IV of the United Provinces Land Revenue Act, 1901 or corrected by an officer specially
appointed by Government for the correction of annual registers in any tract.
he may apply, within six months from the date of the commencement of this Act, to the court,
which passed the decree for his ejectment, for reinstatement in such holding or part thereof, as
the case may be:
Provided that if such holding or part thereof was subject to a mortgage on the date of
ejectment under Section 171 of the said Act, the mortgager, and not the mortgagee, shall be
entitled to apply for reinstatement under this sub-Section.
(2) If, on or after the first day of January, 1940 any tenant of sir, who had become a
hereditary tenant in accordance with the provisions of sub-Section (1) of Section 16 of the said
Act, was ejected from his holding or any part thereof, or any tenant was dispossessed of his
holding or any part thereof, through surrender or otherwise, in consequence of any fraud,
misrepresentation, undue influenceo" coercion practised upon or against him by the
landholder or by any person acting on behalf of the landholder, he may apply, within six

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

 U.P. Tenancy Act, 1939 95

months from the date of the commencement of this Act, to the court in which a suit would lie
under, Section 183 of the said Act in respect of such holding, for his reinstatement in such
holding or part thereof, as the case may be.
(3) On receipt of an applieation under sub-section (1) or sub-Section (2), the court shall
give notice to the landholder and to the tenant, if any, in possession of the whole or part of
such holding. After making such enquiry as may be necessary, if the court is satisfied that the
applicant was so ejected or dispossessed, it shall order that the applicant be re-instated in
such holding or part thereof, as the case may be, and that any other person in possession of it
be ejected therefrom:
Provided that if such holding or any part thereof is in the possession of any person to
whom the landholder had let it out before the first day of September, 1946, such person not
being a relation, dependent or servant of the landholder, the court instead of ordering the
ejectment of such person, shall, notwithstanding the provisions of any law for the time being in
force, declare him to be the sub-tenant of the applicant in respect of such holding of such part.
The person so declared as a sub-tenant shall not be liable to ejectment until after the expiry of
three years from the date of the declaration. In such a case, the rent payable by the applicant
to the landholder shall be the rent payable by him for such land before ejectment or the
amount calculated according to the circle rates, whichever is less, and the rent payable to the
applicant by the person declared as sub-tenant shall be the amount payable by such person to
the landholder immediately before the declaration or twelve and a half per cent, over and
above the amount calculated according to the circle rates applicable to hereditary tenants,
whichever is higher.
(4) The applicant shall not be reinstated in such holding in any part thereof, unless
within such time as may be allowed by the court, he pays to the landholder-
(i) any amount that may have been paid to him by the landholder as
compensation for improvements when he was so ejected;
(ii) in a case in which the landholder has made any improvement on such land
since such ejectment, compensation for such improvement calculated in accordance with the
provisions of the said Act; and
(ili) in a case falling under clause (a) of sub-Section (1) the amount that may be
found to be due in accordance with that clause.
(5) On reinstatement the rights and liabilities of the applicant existing on the date of his
ejectment or dispossession in respect of the holding or any part thereof from which he was
ejected or dispossessed, shall revive subject to the proviso to sub-Section (3).
(6) An appeal against an order passed under this Section shall lie to the Collector,
whose appellate order, shall be final.

28. [Restoration of land acquired under U.P. Act XVII of 1939] - (1) If before the
date of the commencement of this Act any land was acquired from a tenant under Section 54
of the said Act, and such land if, in the possession of the land-lord who acquired it has not
been initialized for the purpose for which it was acquired, the Collector shall, on the application
of the tenant filed in this behalf within six months from the date of the commencement of this
Act, order the restoration of the land to the tenant.
(2) The order for restoration passes under sub-Section(1) shall not be executed until
the applicant pays to the landlord, within such time as may be allowed by the Collector, the
amount that may have been received by him from the land-lord as compensation for the
acquisition of such land:
 U.P. Tenancy Act, 1939 96

Provided that no payment of such amount shall be required to be made in respect of

the land which, from the date of the order of its acquisition, has not been used for three years
or more for the purpose for which it was acquired.
(3) An appeal against an order passed under this Section shall lie to the
Commissioner, whose appellate order shall be final.

29. The United Provinces Tenancy (Amendment) Act, 1940, the United Provinces
Tenancy (Second Amendment) Act, 1943, and the United Provinces Tenancy (Amendment)
Act, 1946, shall be deemed to have been re-enacted.

30. The United Provinces Tenancy (Amendment) Act, 1943 is hereby repealed.

31. (1) All proceedings, suits, appeals and revisions pending under the said Act on the
date of the commencement of this Act and all appeals and revisions filed after that date
against orders on decree passes under that Act and all decrees and orders passed thereunder
which have not been satisfied in full, shall be decided or executed, as the case may be, and
where necessary such decrees and orders shall be amended, in accordance with the
provisions of the said Act as amended by this Act:
Provided firstly that if such a decree or order cannot be so amended, or the execution
of or the appeal or revision from such an amended, decree or order cannot be proceeded with,
it shall be quashed. In such a case, the aggrieved party shall notwithstanding any law of
limitation, be entitled to claim, within six months from the date on which such decree, or order
is quashed, such rights and remedies as he had on the date of the institution of the suit or
proceedings in which such decree or order was passed, except in so far as such right or
remedies are inconsistent with the provisions of the said Act as amended by this Act:
Provided secondly that the proceedings under Section 53 between a landholder and
his tenant and all proceedings under Section 54 shall be quashed;
Provided thirdly that appeals and revisions arising out of the proceedings under
Section 53 between a landholder and his tenant on out of those under Section 54 shall be so
decided as to place the parties in the same position in which they were immediately before the
institution of such proceedings;
Provided fourthly that all suits, appeals, and revisions pending under, Section 180 of
the said Act, on the date of the commencement of this Act for the ejectment of any person who
was recorded as an occupant on or after the first day of January, 1938, in a record revised
under Chapter IV of the United Provinces Land Revenue Act, 1901 or corrected by an officer
specially appointed for the correction of annual registers in any tract, shall be dismissed and
all decrees and orders for the ejectment of such persons, which have not been satisfied in full
on the date of the commencement of this Act, shall be quashed:
Provided fifthly that nothing in this sub-Section shall affect the forum of appeal or
revision from a decree or order passed by a civil court under the said Act.
(2) In counting the period of limitation in respect of an application for the execution of a
decree or order which was passed under the said Act and the execution of which was stayed
pending the enactment of this Act, the period during which the execution was so stayed shall
be excluded.
 U.P. Tenancy Act, 1939 97

APPENDIX II
Sections 3 of the U.P. Tenency (Amendment) Act XLI of 1948.
3. (1) Notwithstanding anything contained in Section 19 and 32 of the United Provinces
Tenancy (Amendment) Act, 1947, or in serial No. 19 of group B of Schedule IV of the United
Provinces Tenancy Act, 1939, a suit for recovery of possession or for compensation under
Section 183 of the United Provinces Tenancy Act, where the wrongful dispossession or
prevention from obtaining possession took place on or after June 14, 1945, may be instituted
within three months from the passing of this Act or within three years from the date of
dispossession or preventing from taking possession, whichever period expires later, and no
such suit instituted within the period aforesaid shall be dismissed on the ground that a two
year' rule of limitation was applicable.
(2) Where a claim for recovery of possession or for compensation under Section 183 of
the United Provinces Tenancy Act, 1939, has been wholly or in part dismissed or withdrawn
after the thirteenth day of June, 1947, and before the passing of this Act, either in a court of
first instance or in appeal--
firstly, on the ground that a two years' rule of limitation applied to such claim, or
Secondly, on the ground that the claim was not commenced within six months of June
14, 1947, where it is a claim for recovery of possession for wrongful ejectment made between
the fourteenth day of June, 1944, and the first day of September, 1946;
The case may on an application in writing made within three months from the date of
the passing of this Act, be restored by the Court by which it was dismissed or from which it
was withdrawn, and upon such restoration it shall be disposed of in accordance with the
provisions referred in and amended by Section 2 of this Act.