KNOW THESE PROVISIONS OF THE MYSORE TENANCY ACT, 1952. TO HAVE PERFECT LEGAL DOCUMENTATIONS

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).

OLD LAND REVENUE RECORDS IN MYSORE STATE IN SURVEY SETTLEMENTS

The records are generally known as the settlement papers, and the following are the papers which should have been prepared in order to effectively introduce the new or survey settlement:

(1) " Pahani Sud " or Statement showing the old numbering of lands and the survey numbers, names of fields, description of tenure, name of occupant, and survey area of each number, generally known as the " Sud " and always accompanied by a map of the village.

(2) " Akarband" or register of survey numbers, showing the total area under each head, arable and un-arable, dry land, wet land and garden in detail, with the rate per acre and assessment of each, and the total assess¬ment fixed on the entire number.

(3) "Pot Pahani Book" or inspection statement, showing the old and new numbering of every survey number, and full information regarding tenure and occupancy.

(4) Statement showing number and description of trees in each survey number, known as the " Jhar Patrak."

(5) Statement of grazing land, known as the " Hulbanni Tahkta."

(6) Statement showing full particulars of each occupant's entire holdings under old and new systems, known as the " Wasul Baki.’’

(7) "Phutkul Patrak" or detailed statement of occupancies, when two or more are included in one and the same revenue survey number, with area and assess¬ment of each.

The discontinuance of the preparation of the phutkal patrika and substitution of the Index of lands (Form No. 6, Record of Rights) has been ordered in connection with the Settlement accounts of inam villages. (R. 4056-65—L.S. 46-34-2, dated 19th February 1935).

(8) Statement of waste lands, known as the " Banjar Takhta."

(9) The final Settlement Register, known as the " Lavani Faisal Patrika."

(10) The " Joddidar Takhta " or statement of Jodi Inam land.

The uses and mode of preparing each of the above are given in the survey Manual.

Note.—The department of Land Records is responsible for the accuracy of these returns embodying the result of survey opera¬tions, but the responsibility of correctly preparing those returns, or of portions of returns, intended to record the existing state of occupancy, rests with the Revenue authorities. The impression that "the operations of the department of Land Records act in any way injuriously to the rights comprised in the existing landed tenure, should be carefully removed from the minds of the people, the survey, apart from its general beneficial results in conferring an improved tenure, does not create new, or take away existing rights of any description. The settlement papers are very important and they are of great use during, as well as after, settlement.


199. The Amildar should keep the settlement papers for each village in separate daftars, not only for their careful preservation, but also for facilitating reference. The Deputy Commissioners or the Assistant Commis-sioner in charge of the taluk should take the opportunity, when he inspects the Taluk records, of seeing that this is done.

200. The advantage of village maps for revenue or general administrative purposes are unquestionable. The village map affords the most minute information as to the position, size and limits of fields, roads, water courses, etc., comprised within the village limits. The District map exhibits with equal accuracy, the relative positions and extent of villages, topographical features of the country and a variety of other information useful to the local revenue and other authorities.


201. (i) Village maps are supplied free of cost to the Taluk Offices, Patels and Shanbhogs the cost being adjusted at the end of each year by book adjustment from Revenue to Land Records Department. (R. 1904-6—L.S. 20-34-2, dated 19th October 1934). (R. 6177-79—L.S. 70-30-2, dated 15th June 1935).

MYSORE LAND REVENUE RULES GOVERNING DISPOSAL OF OCCUPANCIES BY PUBLIC AUCTION.

Under Rule 43 (ii) it is only in special cases where the land is very valuable or where there is no demand for land from person eligible for the grant of lands under sub-rule ( 1 ) the Deputy Commissioners may with the previous sanction of the Revenue Commissioner, sell such land by public auction. Every sale by auction under these Rules, or in pursuance of any of the provisions or the Land Revenue by public Code, shall unless otherwise provided for, be conducted so far as may be, in accordance with Sections 171, 172, 176 to 183, both inclusive, and 186 of the said Code. Sales not otherwise provided for shall be made by auction by such persons as may be authorised in this behalf by these rules or by the Deputy Commissioner. No sales of lands shall take place until after the expiration of at least seven days from the latest date on which the notice of sale shall have been affixed, as required by Section 172.

When the estimated value of the property does not exceed two hundred rupees the sale may be entrusted to the Revenue Inspector in charge of the Hobli or Circle, and where such value exceeds two hundred rupees, the sale shall be conducted by the Amildar or such officer as may be specially empowered in that behalf by the Deputy Commissioner. When the value of the property exceeds one thousand rupees, the sale shall be conducted by the Deputy Commissioner or by an officer not below the rank of an Assistant Commissioner authorised by the Deputy Commissioner by General or Special order. When the property consists of more than one lot, the estimated value shall be the value of each lot separately, as an individual item and not the aggregate value of all the lots.
Sales of land shall be subject to confirmation by the Deputy Commissioner or by some other officer authorised by these rules or by the Deputy Commissioner, such con¬firmation not being ordered before the date of payment of the full amount of purchase money :

Provided that in conducting the following sales : —
(a) sales of the right of grazing and of the right to take or cut grass in waste lands.
(b) sales 'of the right to take the fruit of specified Government trees for a specified period, and
(c) sales of dead wood.

the procedure shall be in accordance with such orders as may, from time to time, be made by the Deputy Com¬missioner either generally or specially in this behalf, in¬stead of the procedure prescribed in Section 171 and 172 of the Land Revenue Code.

The Government, the Revenue Commissioner, and the Deputy Commissioner may condone delays in the payment of full amount of purchase money in darkhasts sales subject to the levy of penalty up to 10 per cent of the purchase money not exceeding Rs. 50 in any case. Provided that the power to condone the delay shall be exercisable by (i) the Deputy Commissioner in respect of delays exceeding 15 days but not exceeding 30 days, (ii) the Government in respect of delays exceed¬ing 30 days (Notification No. R. 11238—L.R. 45-52-28, dated 26th November 1952),

The proclamation and written notice of sale required to be issued under Sections 171 and 172 of the said Code shall be in one of the forms contained in Appendix B or as near thereto as may be.

Note.—The rule is applicable only to darkhast sales and not to sales held for the recovery of the arrears of land revenue

(1) When a gomal survey number consisting of 24 acres and 27 guntas was phoded into 4 blocks and sold in auction by the Revenue Inspector and confirmed by the Amildar, it was held, that the sale of each survey number was separate and independent and the Revenue Inspector was quite competent to hold_the sale. To add up the value of all the survey numbers and then say that the total amount is beyond the jurisdiction of the Revenue Inspector is not correct. (R.A. No. 70—12-43.) (G.O. No. R, 1283-4—L.R. 337-42-4, dated 31st August 1943).
(2) The non-payment of Boundary mark charges will render the contract of sale incomplete and the land cannot be subdivided. In the sale notification connected with unoccupied lands requiring sub-division the condi¬tion that boundary mark changes should be paid along with the purchase money is invariably inserted. (G.O. No. 7895-907—L.S. 1-53-96, dated 30th October 1954).

DARKHAST SALES SHOULD NOT BE POSTPONED.

(3) The existing rule 26 of the Land Revenue Rules which does not provide for postponement of Dar¬khast sales should be strictly enforced. In case the highest bid recovered is, through combination or for other cause unduly low, the sale can always be cancelled and fresh darkhast sale held after observing the prescribed procedure. (Circular Letter No. R. 6592—L.R. 285-38-4, dated 28th June 1939).

DARKHAST SALES.

(4) The exclusion of the phut kharab of a survey number from its advertised extent was held to be an un¬important error which in no way affected the sale of the land or darkhast or the proceedings connected with it. (G.O. No. R.
1059—A.R.M. 110-05-7, dated 27th January 1906).

(5) Amildars should not, on their own responsi¬bility order reservation of lands duly assessed to revenue by the department of land records and for which darkhasts are received. (Appeal No. 39—1905-1906).

(6) If a Deputy Commissioner passes an order directing disposal of a land in an auction, and if an appeal be preferred to him against the Assistant Commissioner's order confirming the sale of that land, the Deputy Com-missioner is not precluded from entertaining the appeal (Appeal No. 132 of 1908-09), (G.O. No. R. 3554—L.R. 547-08-2, dated 12th November 1909).

(7) An officer who once confirms a revenue sale and authorises the purchaser to be put in possession of the land is not competent to subsequently cancel the sale oil his own authority, on the ground of objections already on record. (G.O. No. R. 3553-4—L.R. 547-08-2, dated 12th November 1909. Appeal No. 115 of 1908-09).

(8) In the absence of any fraud or material irregu¬larity a (darkhast) sale otherwise regularly held should . not be cancelled, merely on the ground of subsequent higher bids for the land. (Appeal No. 2 of 1917-18). (G.O. No. 410—P.F. 157-02, dated 10th October 1903; R. 3275—R.M. 494-05-3, dated 17th September 1906; ^R. 11471—L.R. 233-17-5, dated 27th May 1918).

(9) A survey number which was really a tank kharab and which had wrongly been reported as a hul-bauui kharab was given out for cultivation. Held that though the failure of the taluk authorities to make personal inspection before the darkhast sale of the said land took place was a reprehensible omission, the sale was rightly cancelled and the land was ordered to be resumed and treated as tank kharab, the price paid by the appellant, being refunded to him. (Appeal No. 1 of 1919-20). (G.O. No. R. 4135—L.R. 243-17-4, dated 24th September 1919).

(10) A Deputy Commissioner cannot, after pas¬sing an order cancelling a sale, review his previous order and confirm the sale. (Appeal No. 6 of 1919-20).
(G.O. No. R. 6295—L.R. 201-18-5, dated 27th November 1919).

(11) When the extents stated in the various documents (mahazar, sale proclamation, sale patties, etc.) connected with the sale of a vacant site are discrepant. the accepted rule is that the true extent should be deter¬mined by a reference to its boundaries. (Appeal No. 7 of 1919-20). (G.O. No. R. 6953—L.R. 147-18-5, dated 17th December 1919).

(12) A revenue sale held with due formality should not be cancelled, merely to grant the land at an upset price to a person who owns the adjoining lands. (Appeal No. 13 of 1919-20). (G.O. No. R. 9786—L.R. 192-184, dated 26th February 1920).

(13) Darkhast sales conducted by the Revenue Officers should always be characterised by good faith, impartiality and independence. (Appeal No, 9 of 1919-20). " (G.O. No. 9810—L.R. 204-18-4, dated 26th February 1920).

AUTHORISED POSSESSION NOT TO BE SUMMARILY DISTURBED.

(14) A person properly put in possession of a land under a saguvali chit and holding it for more than a year should not summarily be deprived of it by cancelling the saguvali chit, merely because, a petition of objection was presented long after the prescribed appeal time. (Appeal No. 96 of 1911-12).
(G.O. No. R. 5831—L.R. 195-12-4, dated 12th April 1913).

MYSORE LAND REVENUE RULES GOVERNING UNAUTHORISED CULTIVATION OF LAND.

(1) When dealing with cases of unauthorised cultivation of land, Deputy Commissioners and Sub-Division Officers have discretionary power to remit a reasonable portion of the penal assessment chargeable, where a strict enforcement of the provisions of Section 59 L.R.C., would result in undue hardship. (G.O. No. 2595-602—R. 1029, dated 27th September 1898).

(2) The person who has actually encroached upon and unauthorisedly cultivated the land is liable to pay the fine and not the khatedar of the adjoining survey number. For default of payment of the fine by the former, it is wrong to sell the occupancy of the latter. (G.O. No. 3449— P. F. 48-92, dated 7th November 1898).

MYSORE LAND REVENUE RULES GOVERNING FlNE FOR UNAUTHORISED CULTIVATION OF LAND.

(3) Officers empowered to fine should exercise their power moderately and not to take extent of ruining an offender. (G.O. No. 11934— P. F. 87-97, dated 21st June 1898).

MYSORE LAND REVENUE RULES GOVERNING OLD PUBLIC THOPES.

The Revenue Commissioner may grant per¬mission to individuals to raise public thopes on an extent not exceeding two acres in Government Kharab or Gomal lands when there is no objection from the villagers to the disposal of the lands and when the intentions of the applicants in the matter of raising such thopes for charit¬able purposes are found to be bona fide. In other cases sanction of Government should be obtained. (G.O. No. R. 7539-49—L.R, 549-40-2, dated 7th May 1941).