With a view to regulate the law which governs the relations of landlords and tenants of agricultural lands and to regulate and impose restrictions on the transfer of agricultural lands, dwelling houses, sites and lands appur¬tenant thereto belonging to or occupied by agriculturists in the State of Mysore and to make provisions for certain other purposes the Mysore Tenancy Act, 1952 as amended by Act No. 5 of 1954 was promulgated by Government. The Act extends to the whole of the State of Mysore except Bellary District.
The main provisions of this Act are : —
(i) A person lawfullv cultivating anv land belong¬ing to another person shall be deemed to be a tenant if such land is not cult:vatcd personally bv the owner, and if such person is not (a) a member of the owner's family or (b) a servant on wages payable in cash or kind, but not in crop share or a hired labourer cultivating the land under the personal supervision of the owner or any member of the owner's family or (c) a mortgagee m possession.
(ii) No tenancy of land shall be for a period of less than 5 years and no tenancy shall be terminated before the expiry of a period of five years except on the grounds mentioned in section 15 or with the consent of the land¬lord any tenancy may be terminated by a tenant before the expiry of a period of five years by surrendering his interests as a tenant in favour of the landlord. All tenancies in force on the date of the commence¬ment of this Act shall be deemed to be tenancies? Or a further period of five years frorn the date of commence¬ment of this Act.
(iii) Notwithstanding any agreement, usage decree or of a court or any law, the maximum rent payable in respect of any period after the date of coming into force of this Act by a tenant for the lease of any land shall not exceed one half of the crop or crops raised on such land or its value as determined in the prescribed manner.
(iv) Every lease should be in writing and registered.
(v) Leases are liable to be terminated before the expiry of the full term, if there is default in payment of rent for any year, or has done any act which is destructive or permanently injuries to the land or has sub-divided the land or has sublet the land or failed to cultivate it personally or has left the land fallow or has used such land for a purpose other than agriculture.
(vi) The rent payable in kind should be in term? of standard palla of one hundred seers of grain or maunds of 960 tolas of commodity usually sold by weight.
(vii) The procedure to be adopted in fixing reason¬able rent in case of disputes is laid down under section 12 of the Act.
(viii) If a landlord intends to sell any land leased to a tenant, such tenant shall be given in the manner pro¬vided in sub-section (2), the first option of purchasing the land The landlord should offer the land in writing to the tenant specifying the price and giving him one mouth s time to intimate the acceptance of tiie offer. If the tenant is willing to purchase the land he should deposit the price of such land within one month from the date of the order of the Amildar. If the tenant communicates his unwill¬ingness to purchase or does not give any reply or fails; to deposit the price of land within the specified period, the tenant shall be deemed to have relinquished his right of first option to purchase the lanJ and the landlord shall then be entitled to sell the land to any other person at a price not less than the price at which the land was offered to the tenant under sub-section (2). Any sale of land held in contravention of section 22 shall be null and void.
(ix) (1) In the absence of an express intimation in writing to the contrary by a tenant, every payment made by a tenant to the landlord shall be presumed to be a payment on account of rent due by such tenant for the year in which the payment is made.
(2) Every landlord shall on the written request of the tenant give a written receipt for the amount of rent at the time when such amount is received by him in. respect of any land in such form and in such manner as may be prescribed.
(x) No sub-division on sub-letting of the land or assignment of any interest held by a tenant shall be valid, such sub-division sub-letting or assignment shall make the tenancy liable to termination.
(xi) Save as expressly provided in this Act, any interest in the land held by a tenant, shall not be liable to be attached, seized or sold in execution of a decree or order of a civil court.
(xii) (1) Notwithstanding anything contained in any agreement or in any law, proceedings by a landlord for recovery of rent payable to him by a tenant shall be only by means of an application to the Amildar. Such application may be in such form as may be prescribed.
(2) On receipt of the application under sub-section (1), the Amildar shall, after holding an enquiry, pass such order thereon, as he deems fit.
(3) The provision of section 98 of the Mysore land Revenue Code 1888, shall apply to the recovery of the rent ordered to be paid under sub-section (2).
The main provisions of this Act are : —
(i) A person lawfullv cultivating anv land belong¬ing to another person shall be deemed to be a tenant if such land is not cult:vatcd personally bv the owner, and if such person is not (a) a member of the owner's family or (b) a servant on wages payable in cash or kind, but not in crop share or a hired labourer cultivating the land under the personal supervision of the owner or any member of the owner's family or (c) a mortgagee m possession.
(ii) No tenancy of land shall be for a period of less than 5 years and no tenancy shall be terminated before the expiry of a period of five years except on the grounds mentioned in section 15 or with the consent of the land¬lord any tenancy may be terminated by a tenant before the expiry of a period of five years by surrendering his interests as a tenant in favour of the landlord. All tenancies in force on the date of the commence¬ment of this Act shall be deemed to be tenancies? Or a further period of five years frorn the date of commence¬ment of this Act.
(iii) Notwithstanding any agreement, usage decree or of a court or any law, the maximum rent payable in respect of any period after the date of coming into force of this Act by a tenant for the lease of any land shall not exceed one half of the crop or crops raised on such land or its value as determined in the prescribed manner.
(iv) Every lease should be in writing and registered.
(v) Leases are liable to be terminated before the expiry of the full term, if there is default in payment of rent for any year, or has done any act which is destructive or permanently injuries to the land or has sub-divided the land or has sublet the land or failed to cultivate it personally or has left the land fallow or has used such land for a purpose other than agriculture.
(vi) The rent payable in kind should be in term? of standard palla of one hundred seers of grain or maunds of 960 tolas of commodity usually sold by weight.
(vii) The procedure to be adopted in fixing reason¬able rent in case of disputes is laid down under section 12 of the Act.
(viii) If a landlord intends to sell any land leased to a tenant, such tenant shall be given in the manner pro¬vided in sub-section (2), the first option of purchasing the land The landlord should offer the land in writing to the tenant specifying the price and giving him one mouth s time to intimate the acceptance of tiie offer. If the tenant is willing to purchase the land he should deposit the price of such land within one month from the date of the order of the Amildar. If the tenant communicates his unwill¬ingness to purchase or does not give any reply or fails; to deposit the price of land within the specified period, the tenant shall be deemed to have relinquished his right of first option to purchase the lanJ and the landlord shall then be entitled to sell the land to any other person at a price not less than the price at which the land was offered to the tenant under sub-section (2). Any sale of land held in contravention of section 22 shall be null and void.
(ix) (1) In the absence of an express intimation in writing to the contrary by a tenant, every payment made by a tenant to the landlord shall be presumed to be a payment on account of rent due by such tenant for the year in which the payment is made.
(2) Every landlord shall on the written request of the tenant give a written receipt for the amount of rent at the time when such amount is received by him in. respect of any land in such form and in such manner as may be prescribed.
(x) No sub-division on sub-letting of the land or assignment of any interest held by a tenant shall be valid, such sub-division sub-letting or assignment shall make the tenancy liable to termination.
(xi) Save as expressly provided in this Act, any interest in the land held by a tenant, shall not be liable to be attached, seized or sold in execution of a decree or order of a civil court.
(xii) (1) Notwithstanding anything contained in any agreement or in any law, proceedings by a landlord for recovery of rent payable to him by a tenant shall be only by means of an application to the Amildar. Such application may be in such form as may be prescribed.
(2) On receipt of the application under sub-section (1), the Amildar shall, after holding an enquiry, pass such order thereon, as he deems fit.
(3) The provision of section 98 of the Mysore land Revenue Code 1888, shall apply to the recovery of the rent ordered to be paid under sub-section (2).
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