PART I
U.P. ZAMINDARI ABOLITION & LAND REFORMS ACT
PROPRIETARY RIGHT IN LAND
Origin of
Development of
(A) The Hindu Period
Sovereign was not the owner of land
Can a king give away the earth?
Cultivator was the owner of the land
Cultivation insisted on
Non-alienability of land
Acquisition of right by adverse possession
The Hindu Revenue System
(B) The Muslim Period
Khiraj
Extent of the Proprietary right
(C) The British Period
The Permanent Settlement of Banaras
The Avadh Taluqdari System
The settlement of "Ceded and Conquered Districts"
CHAPTER 2
TENANCY LEGISLATIONS
The Rent Recovery Act, 1859
N.W.P. Rent Act, 1873
Agra Tenancy Act, 1901
Agra Tenancy Act, 1926
The Avadh Rent (Amendment) Act, 1921
U.P. Tenancy Act, 1939
ABOLITION OF ZAMINDARI
U.P. Assembly Resolution
The Zamindari Abolition Committee
The U.P. Zamindari Abolition and Land Reforms Bill
Vesting Order
Salient Features of the Act
Aims and Object of the Act
Cause for Zamindari Abolition
DEFINITIONS
Agricultural year
Beneficiary
Bhumi Prabandhak Samiti (Land Management Committee)
Board
Charitable purpose
Charitable Institution
Circle
Consolidated Area
Consolidated Gaon-Fund
Cess
Date of vesting
Decree
Estate
Ex-proprietary tenant
Fasli year
Fragment
Fixed-Rate-Tenant
Gaon-fund and Consolidated Gaon-fund
Gram Sabha
Gram Panchayat
Grove-land
Grove-holder
Hereditary tenant
Improvement
Intermediary
Proprietor
Under-proprietor
Sub-proprietor
Permanent lessee in Avadh
Permanent tenure-holder
Thekadar
Khudkasht land
Khudkasht and Sir land
Land
Landholder
Land Management Committee
Lease
Legal Representative
Mahal
Mine
Non-occupancy tenant
Occupancy tenant
Religious Purpose
Rent
Rent-free grantee (Muafidar)
Revenue
Sayer
Sir
Sub-tenant (Shikmi kashtkar)
Sub-proprietor
Village
Village artisan
CHAPTER 5
ACQUISITION OF THE INTERESTS OF
INTERMEDIARIES AND ITS CONSEQUENCES
(A) Consequences of Vesting
Abolition of Zamindari
Grants and confirmation of titles
Rights relating to rent
Arrears of revenue and Government dues
Attachment and Sale
Mortgagee in possession of an estate
Suits and Proceedings
Mahals etc.
Certain contracts entered into after August 8, 1946
Wells, trees, and buildings, etc. settled with the existing owners thereof
Building
Is Gher a building?
Is "chabutra" a building?
Appurtenant
Trees in abadi
(B) Rights retained by Intermediaries
Cultivating right
To work existing mines
Easement and similar rights
To recover arrears of rent, etc.
Wells, trees and buildings
(C) New Land Tenures
Bhumidhar
Sirdar
Asami
Adhivasi
Mortgagee or his lessee cannot become adhivasi
Application for possession by an Adhivasi
Conferment of Sirdari Rights on Adhivasi
(D) Status conferred on Old Tenants
Tenants of Sir-land
Thekadar
Mortgagee of Estate
CHAPTER 6
COMPENSATION AND REHABILITATION GRANT
Should Zamindars be paid any compensation at all?
Discrimination on the basis of origin
Compensation under the Act
Persons entitled to compensation
Assessment of Compensation
Record-of-Rights
Dispute of title
Mode of assessment
Gross Assets
Net Assets
Compensation Assessment Roll
Appeal
Amount of compensation
Interim compensation
Payment of compensation
Compensation to Guzaredar
Rehabilitation Grant
Persons entitled
Amount of the rehabilitation grant
How to make the calculation easy?
Certain Transfer of Estate not to be recognised
Procedure for obtaining Rehabilitation Grant
Appeal
Payment of Rehabilitation grant
Distinction between compensation and rehabilitation grant
Payment of compensation, rehabilitation grant to wakfs, trusts or endowments
Three classes of trusts, wakfs, and endowments Payment of grant
Re-determination of annuity to certain wakfs, trusts and endownments
CHAPTER 7
EVACUEE PROPERTY
Custodian
Evacuee
Evacuee property
Abolition of evacuee estates
Khudkasht of an evacuee
Sirdar under Section 16
Adhivasi of evacuee land
Disposal of Dispute in Evacuee Property
CHAPTER 8
MINES AND MINERALS
Mines worked by the intermediary
Mines leased out
Mines Tribunal
CHAPTER 9
GAON SABHA AND LAND MANAGEMENT COMMITTEE
Introduction
(A) Gram Sabha
Establishment of Gram Sabha
Incorporation of Gram Sabha
Entrustment of certain lands, etc. in Gram Sabha
Functions, duties and powers of Gram Sabha
(B) Gram Panchayat
Membership of Gram Panchayat
Procedure for the removal of the Pradhan and Up-Pradhan
(C) Land Management Committee
Functions and duties of the Land Management Committee
Powers of Land Management Committee
Liability of the Members of the Land Management Committee
(D) Panel Laivyers
Manner of appointment
Rights and Duties of Penal Lawyers
(E) Gaon Fund and Consolidated Gaon Fund
Gaon Fund
Consolidated Gaon Fund
CLASSES OF TENURE-HOLDERS
Classes of tenure-holders
Bhumidhar with Transferable Rights
Bhumidhar with non-transferable rights
Asami
Government lessee
Lands in which Bhumidhari rights shall not accrue
CHAPTER 11
RIGHTS OF TENURE-HOLDERS
Rights of Bhumidhar with Transferable Rights
Use of land
Restrictions
Right to get Declaration
Right to Transfer
Restrictions on Bhumidhar’s right to transfer
Right of Exchange
Right to Bequest Right to sue for division
Mutual partition
Right of non-ejectment
Rights of Bhumidhar with non-transferable Rights
Use of land
Right regarding transfer
Right to exchange
Right to sue for division
Right to surrender
Right to bequest
Rights of an Asami
Right to use the land
Consequences of unauthorised use
Right to let the land
Right to surrender
Right to crops and trees on ejectment or extinction of interest
Acquisition of Bhumidhar with non-transferable right
Rights regarding Rent
EJECTMENT
Ejectment of tenure-holders from land of public utility
Procedure for ejectment
Ejectment of a Trespasser
Procedure of Ejectment
Special .procedure for Gaon Sabha land
Special procedure for land held by a member of Scheduled Tribe
Failure to file suit under Section 209, or to execute decree obtaihed thereunder
Who is a trespasser
Zamindar’s mortgagee
Possession in view of agreement to sale
Remedy is eclipsed during consolidation
Ejectment of a Bhumidhar with transferable rights
Ejectment of a Bhumidhar with non-transferable rights
On Transfer
Under Section 212—Ejectment from the land of public utility
Ejectment of an Asami
(A) Grounds depending on the volition of an asami
Unauthorised transfer
Unauthorised use
Arrears of rent
(B) Grounds depending upon the nature of tenure
Ejectment from the land of public utility
Ejectment on the expiry of the period of maintenance allowance
Asami being an ex-thekedar
Ejectment of a mortgagee-asami
Ejectment of sub-tenant referred in the proviso to Section 27(3) of the U.P. Tenancy (Amendment) Act, 1947
Asami of Taungya plantation
An Asami of grove land
Asami of a disabled person
On the extinction of the interest of the landholder
Remedies when an asami is wrongfully ejected
CHAPTER 13
ABANDONMENT, SURRENDER, EXTINCTION AND LEASE
Abandonment
Consequences of abandonment
Surrender
Surrender by a Bhumidhar with non-transferable rights
Surrender by an Asami
Surrender and Abandonment distinguished
Extinction of the Interest
Extinction of the Interest of a Bhumidhar with transferable rights
Extinction of the Interest of a Bhumidhar with non-transferable rights
Extinction of the Interest of an Asami Merger
Lease or Letting
Registration of a Lease
Lease by a Disabled Person
A person incapable of cultivating by reason of blindness or other physical infirmity
Disease amounting to disability
A lunatic or an idiot
A minor
A woman
A student
A person in the Defence Service
A person under detention or imprisonment
CHAPTER 14
SUCCESSION
Section 171—General order of succession
Succession as per stripes
Where Bhumidhar or Asami dies without leaving a male lineal descendant
Female’s interest inherited from a male
Interest of a female acquiring bhumidhari right
Succession of a female holding an interest otherwise
Passing of interest by survivorship
Critical approach to law of succession
Limited interest of female
Daughter as an heir
Murderer not disqualified
CHAPTER 15
ALLOTMENT OF LAND AND DECLARATORY SUIT
Allotment of Land
Order of preference in admitting persons as "bhumidhar with non-transferable rights" or asami
Family members of ex-military personnel
Disabled military personnel
Harijan
Other agricultural labourer
Small land-holder
Ex-military personnel
Freedom-fighter
Other Harijan of the Nyaya Panchayat circle
Procedure of allotment
Cancellation of allotment
No appeal against Collector’s order
Restoration of possession to the allottee of Gaon Sabha or the Government lessee Allotment of land for housing sites
Allotment of Abadi sites other than earmarked
Restoration of possession to such allottee
Certain house sites to be settled with existing owners thereof
Lease of ponds and tanks
Declaratory Suit
Declaratory suit by the Gaon Sabha
Declaratory suit by an asami
Declaratory suit by a bhumidhar
CHAPTER 16
LAND REVENUE
Revenue and Rent
Persons liable to pay land revenue
Land revenue as the first charge
Arrears of Land Revenue
Collection of Land Revenue
Process for recovery of an arrear of land revenue
Writ of demand
Arrest and detention
Persons exempted from arrest and detention
Place and duration of detention
Attachment and sale of movable property
Is attachment necessary before sale?
Attachment and lease of the holding in respect of which the arrear is due
Attachment and sale of the holding in respect of which the arrear is due
Attachment and sale of other immovable property
Recovery of Miscellaneous Dues
Appointment of Receiver
The Settlement of Land Revenue
Meaning of Settlement
Term and duration of Settlement
Procedure of Settlement
Notification as to Settlement operation
Appointment and Powers of Settlement Officers
Procedure to be adopted
Principles of assessment of Land Revenue
Publication of the proposed assessment
Enhancement or Abatement of land revenue during the currency of Settlement
Remission or suspension of land revenue
Changes made by the U.P. Land laws (Amendment) Act, 1976
Exemption of land revenue in certain cases
CHAPTER 17
EXCLUSIVE JURISDICTION OF THE REVENUE COURT
Test in determining jurisdiction
Cause of action
Main relief
Subsequent event cannot oust the jurisdiction
Plea of jurisdiction
Bar to Jurisdiction of Civil Courts
CHAPTER 18
CO-OPERATIVE FARMING SOCIETY
Registration of Co-operative Farming Society
Who can form a society?
Purpose for forming the Co-operative Farming Society
Document to be sent for registration
Consequences of Registration
Concessions and facilities for Co-operative Farming Society
PART 2
THE UTTAR PRADESH LAND REVENUE ACT, 1901
CHAPTER I
REVENUE AUTHORITIES AND THEIR JURISDICTION
Revenue Court means
Revenue officer means
Controlling powers of the Board
Board of Revenue
Seat or principal headquarters
Power to distribute business
Power to revision
Power to make rules
Power to transfer cases
Power to review
Commissioner
—Powers and Functions of Commissioner
Additional Commissioner
Collector
—Powers and functions of Collector
Additional Collector
Assistant Collector
Assistant Collector in-charge of Sub-Division
Powers of an Assistant Collector in-charge of Sub-Division
Additional Sub-Divisional Officer
Tahsildar and Naib-Tahsildar
Duties of Tahsildars
Disposal of mutation reports
Duties of Naib-Tahsildars
Lekhpal
Duties of Lekhpal
Attendance at Tahsil
Reports to Registrar Qanungo
Reports of calamities
Reports to Supervisor Qanungo
Inspection and extract of. records
To work as Secreatry of the Bhumi Prabandhak Samiti
Qanungo
Registrar Qanungo
Supervisor-Qanungo
Sadar Qanungo
Qanungo and Lekhpals to be public servant
CHAPTER II
MAINTENANCE OF MAPS AND RECORDS
Record-of-rights
Annual Register
Record of rights and annual register compared
Register of Villages
Maps and Records to be maintained by the Lekhpal
Chitra or map
Khasra or field book
Simadyotaka Chinohon Ki Soochi
Khatauni
Changes in khatauni
Dincharya Bahi
Agya Pustak
Khewat
Mutation (or Dakhil-kharij) Proceedings
Meaning of mutation
Nature of mutation proceeding
Mutation on ground of succession
Mutation on ground of Transfer
Manner of Reporting and Procedure on Report
Consequences of failure to Report
Fine
Non-entertainability of the suit
Is a suit for partition barred?
Is a suit against trespasser barred?
Whether the order of Qanungo under Section 33-A operates as a bar to proceeding under Section 34
Mutation in Consolidation Proceeding
Naib-Tahsildar with powers delegated
Correction Proceeding
Correction of’ Mistakes in Annual Register
Correction of map and Khasra
Boundary Marks and Boundary Disputes
Penalty for injury to, or removal of Marks
Settlement of Boundary Disputes
CHAPTER III
REVISION OF MAPS AND RECORDS
Notification of Records Operation
Record Officer and Assistant Record Officer
Powers and duties of Record Officer and Assistant
Record Officer
Erection of boundary marks
Decision of boundary disputes
Preparation of map and field-book
Preparation of a new Record-of-Rights
To decide disputed entries
Presumption as to entries
CHAPTER IV
PROCEDURE OF REVENUE COURTS AND
REVENUE OFFICERS
Place of holding Court
Powers to enter upon and survey land
Power to transfer cases
Consolidation of cases
Power to Summon Persons
Ex-parte Decree
Power to correct errors or omissions in an Order
Power to refer disputes to Arbitration
Procedure for Arbitration proceedings
CHAPTER V
APPEAL, REVISION AND REVIEW
Appeal
Appellate Courts
Non-appealable Orders
Powers of Appellate Court
Revision
Who may file
Review
Board’s power to review in Judicial Matters
Reference
PART 3
THE U.P. IMPOSITION OF CEILING ON
LAND HOLDINGS ACT, 1960
Chapter I. INTRODUCTION
Chapter II. IMPOSITION OF CEILING ON LAND HOLDINGS, EXEMPTION & ACQUISITION
OF SURPLUS LAND
The consequences of non-filing of objection
Chapter III. DETERMINATION AND PAYMENT OF AMOUNT
Chapter IV. SETTLEMENT OF SURPLUS LAND
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