UTTAR PRADESH TENANCY ACT 1939

The UTTAR PRADESH TENANCY ACT 1939

Rules Regulations Notifications Orders Circulars Ordinance Statutes

Act ID:	193917
Act Number:	17
Enactment Date:	1939-12-06
Act Year:	1939
Short Title:	The UTTAR PRADESH TENANCY ACT 1939
Long Title:	UTTAR PRADESH TENANCY ACT 1939
Department:	Department of Revenue
Enforcement Date:	16-12-1939
Type:	STATE
Location:	Uttar Pradesh


Schedule 1. First schedule Areas to which the Act will not apply in the first instance. Order Appendix Forms
Schedule 2. Second schedule Application of the Code of Civil Procedure, 1908 Order Appendix Forms
Schedule 3. Third schedule Form of lease or counterpar Order Appendix Forms
Schedule 4. Fourth schedule Powers of courts, etc Order Appendix Forms
Schedule 5. Fifth schedule Form of countetfoil and receipt for rent Order Appendix Forms
Schedule 6. Sixth schedule Provision for the granting of relief in agricultural calamities Order Appendix Forms

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Show all section The UTTAR PRADESH TENANCY ACT 1939

CHAPTER I

PRELIMINARY
- SECTION

CHAPTER II

Sir
- SECTION

CHAPTER III

Classes of tenants
- SECTION

CHAPTER IV

Evolution, Transfer, Extinction, Division, Exchange and Acquisition Of Tenancies

CHAPTER V

General Provisions Relating to Tenancies

CHAPTER VI

Determination and Modification of Rent

CHAPTER VII

Payment and Recovery of Rent

CHAPTER VIII

EJECTMENT

CHAPTER IX

Grants of Land held Rent-free or at a favourable rate of Rent

CHAPTER X

Grove- holders

CHAPTER XI

Thekedars

CHAPTER XII

Arrears of Revenue, Profils, etc

CHAPTER XIII

Compensation and Penalties

CHAPTER XIV

Procedure and Jurisdiction of Courts Powers of Lambardar, etc

CHAPTER XV

Power to make Rules

CHAPTER XVI

Transitional Provisions


Section 1. Short title, extent and commencement
Section 2. Repeal
Section 3. Interpretation.
Section 4. Restrictions on agreement between landholder and tenant
Section 5. Power of landholder to act through agent
Section 6. Definition of Sir
Section 7. Application to joint Hindu families
Section 8. Definition of sir right
Section 9. Succession to, and transfer of, sir right
Section 10. Exchange of sir
Section 11. Extinction of sir right
Section 12. Hereditary rights of sir holder's heir on whom proprietary rights do not devolve
Section 13. Application of proprietary rightsand tenantto other sections
Section 14. Rights of certain tenants of sir
Section 15. Demarcation of joint sir
Section 16. Hereditary rights in sir and demarcation of sir which is let
Section 17. Bar to hereditary rights in sir of disabled persons etc
Section 18. Demarcation of sir in the case of joint sir or joint khudkasht
Section 19. Sir-holder not to eject a tenant in certain circumstances
Section 20. Rights of tenants of sir
Section 21. Classes of tenants
Section 22. Permanent tenure-holders
Section 23. Fixed-rate tenants
Section 24. Presumption from entry at revision of record
Section 25. Tenants holding on special terms in Oudh
Section 26. Exproprietary tenants
Section 27. Agreement for relinquishment of exproprietary right not enforceable
Section 28. Occupancy tenants
Section 29. Hereditary tenants
Section 30. Land in which hereditary rights shall not accrue
Section 31. Non-occupancy tenants
Section 32. Interest of permanent tenure -holders, and fixed rate tenants
Section 33. Interest of other tenants
Section 34. Succession under personal law in certain cases
Section 35. Succession to a male tenant
Section 36. Succession to a female tenant holding an interest inherited as a widow etc
Section 37. Succession to other female tenants
Section 38. Passing of interest by survivorship
Section 39. Right to sub-let
Section 40. Restrictions on sub-letting
Section 41. Exemption from restrictions on sub-letting by disabled persons
Section 42. Registration of sub-leases
Section 43. Successor bound by sub-lease
Section 44. Transfers which are void or voidable
Section 45. Tenancy when extinguished
Section 46. Merger
Section 47. Rights of sub-tenant and mortgagee on extinction of tenant's interest
Section 48. Rights and liabilities of sub-tenants on extinction of sub-tenancy
Section 49. Division of holdings
Section 50. Rights of tenants in land received in exchange from landholder
Section 51. Exchange of land between tenants
Section 52. Entry of exchange in record of rights
Section 53. Exchange of land for consolidation of cultivated area, etc
Section 54. Acquisition of land by landlord or under-proprietor
Section 55. Right to written leases and counterparts
Section 56. Registration of leases.
Section 57. Attestation in lieu of registration
Section 58. Right to measure land
Section 59. Suit by tenant for declaration of right or share
Section 60. Suit for declaration of right of a person claiming to be tenant
Section 61. Suit as to class of tenancy, etc
Section 62. Single suit in respect of several holdings.
Section 63. Dispute whether land is sir or khudkasht
Section 64. Provision for injunctions.
Section 65. Right of certain tenants to make improvements.
Section 66. Right of non-occupancy tenant to make improvements.
Section 67. Only certain landholders to give consent.
Section 68. Restriction on improvements.
Section 69. Liability for full rent.
Section 70. Application for permission when landholder refuses or omits to consent.
Section 71. Right of landholder to make improvements.
Section 72. When permission may be granted or refused by Assistant Collector.
Section 73. Compensation for improvement made with landholder's consent or by entitled persons.
Section 74. Compensation for certain buildings when erected without landholder's consent.
Section 75. Amount of compensation.
Section 76. Works benefiting other land.
Section 77. Registration of outlay on improvement.
Section 78. Compensation by agreement.
Section 79. Dispute as regards improvement, how settled.
Section 80. Right of tenants to plant trees.
Section 81. Tenant's right in trees existing at the commencement of the Act.
Section 82. Surrender by tenant.
Section 83. Surrender on enhancement of rent.
Section 84. Notice through tahsildar.
Section 85. Suit to set aside notice.
Section 86. Taking possession of holding surrendered.
Section 87. Abandonment.
Section 88. Notice through tahsildar.
Section 89. Application of Section 183 to abandonment cases.
Section 90. Taking a premium or making service a condition of tenancy prohibited.
Section 91. Illegal cesses.
Section 92. Initial rent of tenant.
Section 93. Presumption as to rent.
Section 94. Suit for determination and for arrears of rent.
Section 95. Determination of rent on partial ejectment or surrender.
Section 96. Period for which rent is not liable to modification.
Section 97. Effect of enhancement of rent of non-occupancy tenant under the Act.
Section 98. Method of varying rent.
Section 99. Saving of enhancement or abatement under the Northern India Canal and Drainage Act.
Section 100. Restriction on institution of suits for variation of rent.
Section 101. Rent how calculated for communication etc. of rent.
Section 102. Basis of variation of rent in certain cases.
Section 103. Procedure when rent-rates not determined.
Section 104. Rent-rates applicable.
Section 105. Provision if rent rates did or did not distinguish between occupancy, non-occupancy and statutory tenants.
Section 106. Order for determining rent rates.
Section 107. Duration of rent-rates.
Section 108. Additional powers of rent-rates officer.
Section 109. Circles and soil classification.
Section 110. Basis of rates for hereditary and occupancy tenants.
Section 111. Provision for rates in special cases.
Section 112. Procedure in publishing and sanctioning rent-rates.
Section 113. Commutation of rent.
Section 114. Ground of abatement of rent.
Section 115. Abatement of rent of fixed-rate tenants.
Section 116. Abatement of rent of under-proprietor and permanent lessee.
Section 117. Grounds of enhancement of rent.
Section 118. Enhancement of rent of fixed-rate tenant.
Section 119. Limits to enhancement of rent.
Section 120. Tenant's plea in enhancement suit.
Section 121. Decree or agreement in suits for determination, etc., of rent when to take effect.
Section 122. Joinder of parties in suit relating to variation.
Section 123. Remission or suspension of rent in natural calamities.
Section 124. Finality of order under the preceding section.
Section 125. Period of suspension to be excluded in computing period of limitation.
Section 126. Revision of rent and revenue when there is a sudden rise in prices or in an emergency.
Section 127. Application of the Chapter to under-proprietors, etc.
Section 128. Hypothecation of produce towards payment of rent.
Section 129. Presumption as to payment by tenant.
Section 130. Application of rent payment.
Section 131. Rent, how payable.
Section 132. Presumption as to money-order acknowledgement.
Section 133. Right of tenant to receipt.
Section 134. Particulars of valid receipt.
Section 135. Right of tenant to statement of account.
Section 136. Obligation of State Government to print and supply books of receipts.
Section 137. Deposit of rent in the Court of tahsildar.
Section 138. Disposal of deposit by tahsildar.
Section 139. Deposit of rent in Court during pendency of suit.
Section 140. Bar of suits.
Section 141. Rights and liabilities in respect of produce.
Section 142. Application for officer to make division, estimate or appraisement.
Section 143. Procedure on such application.
Section 144. Suit for arrears of produce rent.
Section 145. Instalments, how fixed.
Section 146. Rent when in arrear.
Section 147. Prohibition of arrest or detention for arrears.
Section 148. Methods of recovering arrears.
Section 149. Suit against co-tenant.
Section 150. Joinder of claims for arrears.
Section 151. Remission for calamity by Court decreeing claim for arrears.
Section 152. Suit for arrears of irrigation dues.
Section 153. Recovery of arrears in respect of Government property.
Section 154. Recovery of arrears in the event of general refusal to pay.
Section 155. Application of some sections relating to tenants, to permanent tenure-holders, etc.
Section 156. Application of provisions of this Chapter to permanent lessees, etc.
Section 157. Ejectment to be in accordance with the Act.
Section 158. Arrears deemed satisfied when tenant is ejected.
Section 159. Compensation for improvement on ejectment.
Section 160. Right to crops and trees when ejectment takes effect.
Section 161. Contents and service of notice.
Section 162. Immunity from ejectment from residential house on ejectment from holding.
Section 163. Application for issue of notice to exproprietary tenant, etc., for payment of arrears and for ejectment in default.
Section 164. Order that may be passed in appeal from ejectment proceedings.
Section 165. Consequences of cancellation of an order passed under Section 163.
Section 166. Tenant's claim for compensation on appearance.
Section 167. Bar to suits and application in certain cases.
Section 168. Ejectment of certain tenants in execution of a decree for arrears.
Section 169. Application for issue of notice to non-occupancy tenant for payment of arrears or for ejectment in default.
Section 170. Ejectment of non-occupancy tenant in execution of decree for arrears of rent.
Section 171. Ejectment for illegal transfer, sub-letting.
Section 172. Ejectment for detrimental act or breach of condition.
Section 173. Decree in suit under Section 172.
Section 174. Suit for compensation, injunction, etc.
Section 175. Ejectment on application.
Section 176. Application and notice.
Section 177. Service of notice.
Section 178. Effect of admission or of non-appearance.
Section 179. Procedure where tenant contests notice.
Section 180. Ejectment of person occupying land without title.
Section 181. Mode of execution of decree or order.
Section 182. Time of execution.
Section 183. Remedies for wrongful ejectment.
Section 184. Reversal of decree or order of ejectment.
Section 185. Defendants to be joined in suit.
Section 186. Reinstatement of tenant.
Section 187. Application oi this Chapter to under-proprietors.
Section 188. Meaning of rent-free grant.
Section 189. Meaning of grant of land at a favourable rate.
Section 190. Liability of grant to resumption, or assessment or enhancement of rent.
Section 191. Grants not liable to fixation of revenue or rent.
Section 192. Declaration that grantee is proprietor or under-proprietor.
Section 193. Rent or revenue how determined.
Section 194. Liability of grant to fixation of rent or to enhancement.
Section 195. Ejectment of grantee.
Section 196. Date from which liability to fixation or enhancement of rent or to ejectment arises.
Section 197. Determination of class of tenure and of amount of rent payable.
Section 198. Application of certain sections to grantee.
Section 199. Application of certain sections to grantees holding at a favourable rate of rent.
Section 200. Extinction of rent-free grantee's interest.
Section 201. Procedure when district is under settlement.
Section 202. Appeals.
Section 203. Saving of the right of the State Government to assess revenue.
Section 204. Application of this Chapter to under-proprietors.
Section 205. Definition of grove-holder.
Section 206. Rights and liabilities of grove-holder.
Section 207. Right of grove-holder to make improvement.
Section 208. Appeals.
Section 209. Definition of thekedar, etc.
Section 210. Method of granting theka.
Section 211. Rights of lessor which thekedar may exercise.
Section 212. Improvement in the theka area by lessor.
Section 213. Restrictions on the transfer of, and on succession to thekas.
Section 214. Grounds of ejectment.
Section 215. Procedure of ejectment for non-payment of decree arrears.
Section 216. Joinder of sub-thekedar as defendant.
Section 217. Remedies for wrongful ejectment.
Section 218. Surrender.
Section 219. Application to thekedars of certain sections relating to tenants.
Section 220. Application of Sections 245 and 246.
Section 221. Provision for holding over.
Section 222. Application of the Fourth Schedule.
Section 223. Extent to which the term co-sharer applies to the thekedar.
Section 224. Suit for arrears of revenue, etc. by lambardar.
Section 225. Suit against a joint lambardar.
Section 226. Suit for arrears of revenue by a co-sharer.
Section 227. Suit for arrears of revenue by a muafidar or assignee.
Section 228. Suit by a superior proprietor for arrears of revenue or rent.
Section 229. Profits when divisible.
Section 230. Suit for settlement of accounts and profits against lambardar.
Section 231. Suit for settlement of accounts and profits against a co-sharer.
Section 232. Liability to produce accounts in certain cases.
Section 233. Valuation of sir and khudkasht in profits cases.
Section 234. Provision for joinder of parties and form of decree in certain suits.
Section 235. Application of this Chapter to under-proprietors, etc.
Section 236. Tenant entitled to compensation for illegal exactions.
Section 237. Power to award compensation in suit.
Section 238. Penalty for collecting rent remitted or suspended.
Section 239. Penalty for habitual refusal or neglect to give receipts.
Section 240. Penalty for illegal entry on a holding.
Section 241. Meaning of “proprietary right in certain cases.
Section 242. Suits and applications cognizable by Revenue Courts only.
Section 243. Application of the Code of Civil Procedure, 1908.
Section 244. Provision for granting any relief to which plaintiff is entitled.
Section 245. Powers of lambardar.
Section 246. Suit, etc., by co-sharers in undivided property.
Section 247. Procedure when plea of payment in good faith to a third person is taken.
Section 248. Registration of encumbrance created by under-proprietor.
Section 249. Proprietor's lien for the rent payable by under-proprietor.
Section 250. Right of pre-emption at execution sale in Oudh.
Section 251. Sale of certain tenant's interest of arrears for rent.
Section 252. Lease in execution of a decree for arrears of rent.
Section 253. Application of Limitation Act.
Section 254. Limitation in cases under the Act.
Section 255. Court-fees payable.
Section 256. Place of sitting of Revenue Court.
Section 257. Powers of Assistant Collector of the second class.
Section 258. Powers of Assistant Collector of the first class.
Section 259. Powers of Assistant Collector in charge of a sub-division.
Section 260. Powers of Collector.
Section 261. Investment of Assistant Collector with the powers of Collector.
Section 262. Court in which proceedings to be instituted.
Section 263. Appeal to be as allowed by Act.
Section 264. Appeal from decree of Assistant Collectors of the second class.
Section 265. Appeal from decree of Assistant Collector of the first class or of Collector to Commissioner or civil Court.
Section 266. Appeal from appellate decree of Collector.
Section 267. Appeal from appellate decree of Commissioner.
Section 268. Power of Board to reject an appeal summarily.
Section 269. Appeal from appellate decree of District Judge.
Section 270. Appeal to Collector from order of Assistant Collector of the second class.
Section 271. Appeal from order of Assistant Collector of the first class and of Collector in certain cases.
Section 272. No appeal from appellate orders.
Section 273. Review by Board.
Section 274. Review by other Courts.
Section 275. Power of Board to call for cases.
Section 276. Power of High Court to call for cases.
Section 277. Transfer of cases by Board.
Section 278. Transfer of cases by Commissioner.
Section 279. Transfer of appeal by Commissioner to Collector.
Section 280. Transfer of cases by Collector or Assistant Collector.
Section 281. Withdrawal of cases by Collector or Assistant Collector.
Section 282. Subordination of courts.
Section 283. Transfer and withdrawal by Settlement Officer.
Section 284. Transfer of revenue appeals by District Judge.
Section 285. Withdrawal of revenue appeals by District Judge.
Section 286. Procedure when plea of proprietary right raised.
Section 287. Procedure in appeal when material for determining question of right not on record.
Section 288. Procedure when plea of tenancy raised in civil court.
Section 289. Power to refer question of jurisdiction to High Court.
Section 290. Plea in appeal that suit was instituted in wrong Court.
Section 291. Procedure when objection was taken in the Court of first instance.
Section 292. Power of State Government to make rules.
Section 293. Power of Board to make rules.
Section 294. Application by ejected tenant for re-instatement in his holding.
Section 295. Right of sub-tenant in Oudh to retain possession of his holding.
Section 296. U.P. III of 1926 , XXII of 1886 Disposal of pending suits.

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