LL.B (Hons.

) VII Semester
Land Laws and Agricultural Laws I

Unit-I
i. General overview of Land Laws
ii. Special features & Object of U.P. Revenue Code, 2006
iii. Definitions Gram Sabha, Gram Panchayat and
BhumiPrabhandak Committee

Lecture-1 Introduction object & extent of U.P Land Revenue Code 2006
Youtube Link- https://youtu.be/Bn85yz0Zuec
Previous Year Questions of Lucknow University based on this Topic
1. Discuss in brief the main characteristics of U.P. Revenue Code, 2006.(2013)
NOTES
• The Uttar Pradesh Revenue Code 2006 received presidential assent in 29 November 2012.
• It came into force on 18th December 2015.
• The bill was passed by the UP assembly in September 2006. But at the time, it could not get
presidential assent and remained pending with the central government.
• This Act contains 234 sections 16 chapter and 4 schedule.
• It has been enacted with the objective to consolidate and amend the law relating to land tenures (
UP Zamindari Abolition and Land Reforms Act, 1950) (ZA and LR Act) and land revenue (the
UP Land Revenue Act, 1901) along with simplifying the accompanying legal rules and
procedures appended with the Act.
• This Act is of great importance for the state as it repeals a number of obsolete laws, almost 32
legislation in number, enacted during the British regimep many of which are inconsistent with
one another.
• Acting as a uniform code, this Act consolidates and amends the laws relating to land-tenures.
• This Act creates Revenue Court for disposal of cases relating to matters provided under this Act.
• The provisions of this Code, except Chapters VIII and IX shall apply to the whole of Uttar
Pradesh.
• Chapters VIII and IX shall apply to the areas to which any of the enactments specified at serial
numbers 19 and 25 of the First Schedule was applicable on the date immediately preceding their
repeal by this Code. Section 2
• Where after the commencement of this Code, any area is added to the territory of Uttar Pradesh,
the State Government may, by notification, extend the whole or any provision of this Code, to
such area.Section 3

Assignment
1.When did U.P Revenue code received Presidential assent ?
2. When did U.P Revenue code come into force?
3.How many sections in U.P Revenue code ?
4.What are the total numbers of chapters in U.P Revenue code ?
5. What are the objectives of U.P Revenue code ?
6.How many schedules in U.P Revenue code ?
 LL.B (Hons.) VII Semester
Land Laws and Agricultural Laws I
Unit-1
Lecture-2 Important Definitions of Act
Youtube Link- https://youtu.be/Oqg_4rPMIVg
Previous Year Questions of Lucknow University based on this Topic
1.Write short note on following.
a. Grove, Grove-holder and Grove-land(2015)
b. Taungya plantation.(2017)

NOTES

• Section 4 of the U.P Land Revenue code deals with the Definitions of Act.
• ‘Agriculture’ includes horticulture, animal husbandry, pisciculture, flower farming, bee
keeping and poultry farming;
• ‘agricultural labourer’ means a person whose main source of livelihood is manual
labour on agricultural land;
• ‘Grove land’ is defined in sec 4(11) of the U.P Land Revenue Act
• It means any specific part of land in a holding having trees (not including papaya or
banana plants) planted as such manner that they preclude, or when they full grown will
preclude, the land or any considerable portion of that land from being used primarily for
any other purpose.
• Grove- The trees on the grove land constitute grove.
• Grove holder The owner of grove land is called grove holder.
• 'Grove holder' is also defined in Section 205 of U. P. Tenancy Act as
• A person who has planted a grove on land which was let or granted to him by the
landlord for the purpose of planting a grove or
• A tenant who has planted a grove with the written permission of landlord or in
accordance with the local custom.
• In Rana Sheo Ambar Singh v. Allahabad Bank Ltd., (AIR 1977 SC) the
Supreme Court said that the groves are only collections of trees in plots of land so as
to preclude cultivation in them.
• The uncut trees are deemed to be parts of the land and the holders of the grove land to be
grove holder.
• ‘Holding means a parcel of lands held under one tenure or one lease, engagement or
grant.
• ‘Land’, except in Chapters VII and VIII and sections 80, 81 and section 136, 4 means
land held or occupied for purposes connected with agriculture.
• ‘land holder’ means the person to whom rent is or but for a contract, express or implied,
would be payable
• ‘Taungya Plantation’ The taungya system was used primarily as an inexpensive means
of establishing timber plantations but is finally a recognized afforestation system.
• The taungya (taung = hill, ya = cultivation) is a Burmese word coined in Burma in 1850. The
system was introduced to India by Brandis in 1890 and the first taungya plantations were raised in
1896 in North Bengal.
• It is defined in section 4(19) of the U.P Land Revenue Act.
 • It means the system of afforestation in which the plantation of trees is, in the earlier
stages, done at the same time with the cultivation of agricultural crops,when trees so
planted begin to form a canopy, rendering the cultivation of agricultural crops impossible.
• Types of Taungya:
➢ Departmental Taungya: Under this, agricultural crops and plantation are raised
by the forest department by employing a number of labourers on daily wages. The
main aim of raising crops along with the plantation is to keep down weed growth.
➢ Leased Taungya: The plantation land is given on lease to the person who offers
the highest money for raising crops for a specified number of years and ensures
care of tree plantation.
➢ Village Taungya: This is the most successful of the three taungya systems. In
this crops are raised by the people who have settled down in a village inside
the forest for this purpose. Usually each family has about 0.8 to 1.7 ha of land to
raise trees and cultivate crops for 3 to 4 years.
• ‘Village’ means any local area whether compact or otherwise, recorded as a village in
the revenue records of the district concerned, and includes an area which the State
Government may, by general or special notification, declare to be a village.

ASSIGNMENT

1. Which section of U.P Land Revenue code deals with the Definitions ?
2. What is the definition of Village ?
3.Write down the definition of Land Holder .
4.Agriucultural year starts from which date ?
5.What is the meaning of ‘taungya plantation’?
 LL.B (Hons.) VII Semester
Land Laws and Agricultural Laws I
Lecture-3 Gram Sabha & Gram Panchayat
Youtube Link- https://youtu.be/OWXpbEx356k
Previous year questions of Lucknow University based on this Topic
Q.1. State the meaning and composition of Gram Panchayat. What are its powers?
Discuss.(2013)
Q.2 Write a short note on Gram Panchayat.(2015)
NOTES
Gram Sabha
• According to Section 3 of the UP Panchayat Raj Act 1947,The State Government shall
establish a Gram Sabha for a village or group of villages by such name as may be specified.
• Where a Gram Sabha is established for a group of villages, the name of the village having
the largest population shall be specified as the name of the Gram Sabha.
• Every Gram Sabha shall hold two general meeting in each year, one soon after harvesting
of the Kharif Crop and the other soon after harvesting of the Rabi Crop.
• The Gram Sabha shall consider the following matters and may make recommendation and
suggestions to the Gram Panchayat –
➢ the annual statement of accounts of the Gram Panchayat.
➢ the annual statement of accounts of the Gram Panchayat relating to the proceedings
year and the development programmes proposed to be undertaken during the current
financial year;
➢ programmes of adult education within the village;
➢ such other matters as may be prescribed
• For any meeting of Gram Sabha one-fifth of the number of members shall form the quorum.
Meaning of Gram Panchayat
• Gram Panchayat consists of a village or a group of villages divided into smaller units called
“Wards”.
• Each ward selects or elects a representative who is known as the Panch or ward member.
• The members of the Gram Sabha elect the ward members through a direct election.
• There shall be constituted for every Panchayat area, a Gram Panchayat bearing the name
of the Panchayat area.(Section 12 of UP Panchayat Raj Act 1947)
• Every Gram Panchayat shall be a body corporate.
Composition of Gram Panchayat
• A Gram Panchayat shall consist of a Pradhan and in the case of a Panchayat rea having a
population of –
➢ upto one thousand nine members;
➢ more than two thousand but not more than two thousand, eleven members;
➢ more than two thousand but not more than three thousand, thirteen members; or
➢ more than three thousand, fifteen members.
• For the purpose of election of members of Gram Panchayat every Panchayat Area shall be
divided into territorial constituencies according to the population of each constituency.
• Each territorial constituency of a Gram Panchayat shall be represented by one member in
the Gram Panchayat.
• In Every Gram Panchayat, seats shall be reserved for the Scheduled Castes, the Secheduled
Tribes and the backward classes .
• The Pradhan shall be deemed a member of the Gram Panchayat.
• The election to the office of a Pradhan or Up-Pradhan or a member of a Gram Panchayat
shall be held to secret ballot in the manner prescribed.
• A Gram Panchayats shall ordinarily meet for the transaction of business at least once every
month but two months shall not intervene between two consecutive meetings.
• Provided that the date to be appointed for the first meeting of a Gram Panchayat shall be
within thirty days from the date of its constitution.
• Functions/Powers of Gram Panchayat: Section 15 explains the functions of Gram
Panchayat. Some of the are:
➢ Agriculture including agricultural extension
➢ Land and development, land reform implementation, land consolidation and soil
conservation
➢ Minor irrigation, water management and watershed development
➢ Animal husbandry, dairying and poultry
➢ Fisheries
➢ Social and farm forestry
➢ Social and farm forestry

ASSIGNMENT
Q.1.What is the meaning of Gram Panchayat?
Q.2.What is the Composition of Gram Panchayat?
Q.3.Write the 5 functions of Gram Panchayat.
Q.4.Gram Panchayat define in which section?
Q.5.What is Gram sabha ?
Q.6.How many meetings can a Gram Sabha hold in a year?
 LL.B (Hons.) VII Semester
Land Laws and Agricultural Laws I
Unit -1
Lecture-4 Bhumi Prabandak Samiti (Land management committee)
Youtube Link- https://youtu.be/77_H1eWruZ0
Previous year questions of Lucknow University based on this Topic

1. Discuss the composition, functions and duties of land management committee.(2015,2017)

NOTES
Meaning & Composition of Land management committee
• According to Sec 4(5) of UP Revenue Code 2006, ‘Bhumi Prabandhak Samiti’(Land management
committee) means a Bhumi Prabandhak Samiti constituted under section 28-A of the U.P. Panchayat
Raj Act, 1947.
• The Gram Panchayat shall also Land management committee.
• The Pradhan shall be the Chairperson of the Land management committee,
• The Lekhpal of the area comprised in the jurisdiction of the Gram Panchayat shall be its Secretary.
Duties of Land management committee
• Land management committee up-keeps all property belonging to or vested in or held by the Gram
Panchayat
• Land management committee protects all property belonging to or vested in or held by the Gram
Panchayat
• Land management committee supervises of all property belonging to or vested in or held by the Gram
Panchayat.
Functions of Land management committee
• Section 28-B states the functions of the Land management committee –
• The Land management committee on behalf of the Gram Panchayat shall take the general management
and control of all property belonging to the Gram Panchayat.
• Land management committee will also preserve all the property of Gram panchayat.
• Some other functions of Land management committee are as follows-
➢ the settling and management of land but not including the transfer of any property for the time being
vested in the Gram Panchayat under Section 117 of the Uttar Pradesh Zamindari Abolition and Land
Reforms Act 1950 or under any other provision of that Act;
➢ the preservation, maintenance and development of forests and trees;
➢ the maintenance and development of abadi sites and village communication;
➢ the management of hats, bazaars and meals;
➢ the maintenance and development of fisheries and tanks;
➢ the rendering of assistance in the consolidation of holdings;
➢ the conduct and prosecution of suits and proceedings by or against the Gram Panchayat relating to
or arising out of the functions of Samiti
➢ the performance of functions specifically assigned to the Bhumi Prabandhak Samiti under the U.P.
Zamindari Abolition and Land Reforms Act, 1950 or any other enactment.
 • Section 28-C. states that no member of office bearer of Gram Panchayat or Bhumi Prabandhak Samiti
without the permission in writing of the Collector shall receive any share or interest in any licence, lease,
sale exchange, contract or employment with, by or on behalf of the Samiti concerned.

ASSIGNMENT

1. Land management committee is defined in which section of UP Revenue Code 2006.

2. Discuss the duties of Land management committee.
3.What is Meaning of Land management committee.
4. What is Composition of Land management committee.
5. Write the 5 functions of Land management committee.
6. Who is the Chairperson of Land management committee.
 LL.B (Hons.) VII Semester
Land Laws and Agricultural Laws I

Unit- II Tenancy
Syllabus
i. Classes of Tenure Holder
ii. Rights of Tenure Holder
iii. Ejectment

Lecture-1 Classes of Tenure Holder

Youtube Link- https://youtu.be/AT2r_8XcJF0
Previous Year Questions of Lucknow University based on this Topic
Q.1. Discuss in brief the classes of tenures provided under U.P. Revenue Code, 2006.(2013)
Q.2. Describe various kinds of Tenure holders under U.P. Revenue Code, 2006. (2017)
NOTES

Land Tenures

• Land tenure refers to the way in which land is held by an individual from the Government.
• It shows the relationships between the land holder and the State.
• The absolute ownership of land rests with the Government.
• Government gives proprietary rights to individuals or communities. Thus, a land owner is the proprietor of that
land and he has to pay land renew for that.

Land Tenures under British Rule:

Under British Rule, there were three main types of land tenure systems in India. They were Zamindars, Mahalwari and
Rayatwari.
Zamindari:
• This system was introduced by Lord Cornwallis in Bengal in 1973.
• Under this system, the lands of a village or few villages was held by one person or few joint owners who were
responsible for payment of land revenue to the Government.
• There used to be number of intermediaries between the Zamindars and the actual tillers of the soil. The system
took were various forms such as Zamindari, Jagirdari, Inamdari, etc.
• In many cases revenue collectors were raised to the status of land owners.
• It is said that the British introduced Zamindari system to achieve two objectives.
➢ First, it helped in regular collection of land revenue from a few persons i.e. Zamindars.
➢ Secondly, it created a class of people who would remain loyal to the British ruler in the country.
Mahalwari:

• Under this system, the village lands were held jointly by the village communities, the members of which were
jointly and severally responsible for the payment of land revenue.
• Land revenue was fixed for the whole village and the village headman (Lumberdar) collected it for which he
received ‘Panchatra’ i.e.5 per cent as commission.

Rayatwari:

• It was introduced by Sir Thomas Munro first in Madras state and then in Bombay State.
• In this system, there was a direct relationship between Government and the tenant or Rayat i.e. individual land
holder.
• Every registered holder was recognised as its proprietor and he could sell or transfer the land. He was assured of
permanent tenure as long as he paid the land revenue.
 • The land holder was also allowed to sublet his land. It was a better system as compared to Zamindari or
Mahalwari and similar other forms of tenure.

Land Tenures under UP Zamindari Abolition and Land Reforms Act 1950
• There were 14 types of tenures before the UP Zamindari Abolition and Land Reforms Act 1950 was enacted.
• These categories were very confusing and complicated. Therefore, all the old classes of land tenures were
abolished by the new Act and substituted these classes with four new classes of land tenures:

1. Bhumidhar
2. Sirdar or Bhumidhar with non-transferable rights
3. Asami
4. Adivasi
• The Adivasi class was discontinued after five years of the Act coming into force as Adhivasi was transitional
form land tenure.
• Adivasi was created as a temporary right, in the beginning, for those who were tenants of Sir or sub-tenants or
occupants and trespassers in actual possession of a holding.
• This right was to continue for a period of five years after the passage of the Zamindari Abolition Act and was to
be converted into bhumidhari on payment of 15 times the rent they had paid earlier.
• Subsequently, all Adivasis were declared Sirdars.
• Section 133 A was added in by the U.P. Zamindari Abolition and land reform Amendment Act 1958, which
added another category of land tenure called “government lessee”.
• In 1977, after an amendment, all the sirdars were converted into two new classes;
➢ bhumidhar with transferable rights and
➢ bhumidhar with non- transferable rights.
• Asami’s category was not changed. After the amendments made in 1977, there were three categories of tenure
holders according to U.P. Zamindari Abolishment and Land Reform Act:

1. Bhumidhar with transferable rights.

2. Bhumidhar with non-transferable rights.
3. Asami.
• Presently under the UP Land Revenue Code 2006,There are four classes of tenure holders
➢ Bhumidhar with transferable rights.
➢ Bhumidhar with non-transferable rights.
➢ Asami.
➢ Government lessee
ASSIGNMENT

1. What is land tenure?

2. How many classes of tenures before the UP Zamindari Abolition and Land Reforms Act 1950?
3. Who are government lessee?
4. Who are asami?
5. Mention 3 types of land tenure under British rule?
 LL.B (Hons.) VII Semester
Land Laws and Agricultural Laws I
Unit-II
Lecture-2- Bhumidhar with transferable Rights
Youtube Link- https://youtu.be/bsLDMFdfCpM
Previous Year Questions of Lucknow University based on this Topic
Q.1 Explain the rights of Bhumidhar with transferable right under the U.P. Revenue
Code.(2017)

Q.2 Describe the rights of Bhumidhar with transferable rights and discuss the restrictions on
transfer of such rights.(2015)

NOTES

Bhumidhar with transferable rights

• Bhumidhar with transferable right is the highest type of tenure holder.
• His interest is in the holding permanent, heritable and transferable.
• Section 75 of the Revenue code provides two classes of such bhumidhars –
➢ Every person who was a Bhumidhar with transferable right immediately before the
commencement of U. P. Revenue Code.
➢ Every person who is any other manner acquires the rights of such a Bhumidhar
(Bhumidhar with transferable rights) under or in accordance with the provisions of this
Act.
• “Any other manners” may includes such person who acquires the right of bhumidhar with
transferable rights” by sale, gift or even trespass.

Bhumidhar with transferable rights under U.P.Z.A

According to section 75 of U.P Revenue Code 2006-

• The persons who were Bhumidhar with transferable right under the U.P. Zamindari Abolition
and Land Reform Act will also be treated as Bhumidhar with transferable right after the
commencement of U. P. Revenue Code.
• Section 130 of the U.P. Zamindari Abolition and Land Reform Act, divides bhumidhar with
transferable rights into following four classes-
➢ Every person who gained ownership of land or became a bhumidhar after the abolition
of zamindari by the Act.
➢ Every person who became a sirdar after the abolition of zamindari in 1950 and had paid
ten times of the land revenue to acquire bhumidhari rights.
➢ Anyone who was a sirdar before the UP Land Laws (Amendment) Act, 1977 was
enacted and had the right to acquire bhumidhari rights by paying ten times of the land
revenue.
➢ Any person, other than the above categories, who acquires bhumidhari rights through
any other manner with transferable rights in accordance with the provisions of the U.P.
Zamindari Abolition and Land Reform Act.
 • According to the amendment of 1977, the bhumidhar with transferable rights has the most
secure and highest type of ownership or highest type of tenure holder.
• His/Her interest is protected, permanent, transferable and heritable.

Rights of Bhumidhar with transferable rights

• A bhumidhar with transferable rights shall have the right to exclusive possession of his
land.(sec 79)
• A bhumidhar with transferable rights can use his land for any other purpose. (sec 79)
• A bhumidhar with transferable rights can use his land not only for agricultural purpose but
also for establishing an industry, construction of building for residence, school, shops etc.
(sec 80)
• The interest of a Bhumidhar with transferable rights is transferable. (sec 88)
• A bhumidhar with transferable rights may bequeath his interest in any holding by will.
(sec 107)
• Right to sue for division.(sec 116)
• Right to surrender .(Sec118)
• Right to exchange- (Sec101)

Restrictions on Bhumidhar’s Right to Transfer

➢ Purchaser or Donee may not have more than 12.5 Acres of Land.
➢ A bhumidhar belonging to a schedule caste can not transfer his land by any way to a person
not belonging to schedule caste without the Written permission of Collecter.
➢ A bhumidhar can not transfer any land by way of sale or gift to a foreign national.
➢ A bhumidhar with Transferable rights does not have the right to mortgage any land belonging
to him where possession of the mortgaged property is transferred to the mortgagee as a
security for the money advanced.
Assignment

1. Which is the highest type of tenure holder ?

2. What are the two types of ‘Bhumidhar with transferable’?

3. Who was the ‘Bhumidhar with transferable’ under the U.P. Zamindari Abolition and
Land Reform Act?
4. How did sirdar become ‘Bhumidhar with transferable’ under U.P. Zamindari Abolition
and Land Reform Act?
5. Write the four rights of Bhumidhar with transferable rights.
 LL.B (Hons.) VII Semester

Land Laws and Agricultural Laws I

Unit-II

Lecture 3- Bhumidhar with Non transferable Rights

Youtube Link- https://youtu.be/O1619wN1-uE

Previous Year Questions of Lucknow University based on this Topic

Q.1 Discuss the Rights of Bhumidhar with Non transferable Rights.(2017)

NOTES
Bhumidhar with Non transferable Rights

• Bhumidhar with non-transferable rights falls in between bhumidhar with transferable rights
and asami.
• He is superior to asami but inferior to bhumidhar with transferable rights.
• His rights are permanent and heritable but non-transferable
• Section 76 of the Code provides that the following types of persons shall be called
bhumidhar with non transferable rights, namely
➢ Every person who was a bhumidhar with non-transferable rights immediately before the
date of commencement of this Code.
➢ Every person who is admitted as a bhumidhar with non-transferable rights by the Bhumi
Prabandhak Samiti to any land under or in accordance with this Code.
➢ Every person who is allotted any land on or after the said date under the provisions of the
U.P. Bhoodan Yojana Act, 1952.
➢ Every person who is allotted any land on or after the said date under the provisions of the
U.P. Imposition of Ceiling on Land Holdings Act. 1960.
➢ Every person who was an asami in possession of land not covered by Section 77 of the
Code, immediately before the date of commencement of this Code and had been recorded
as such in Class 3 of the annual register.
➢ Every person who in any other manner acquired on or after the said date the rights of
such a bhumidhar under or accordance with the provisions of this Code, or any other law
for the time being in force.

Rights of Bhumidhar with non-transferable rights

The various rights of a bhumidhar with non-transferable rights can be categorised as follows:

➢ Right to exclusive possession of land--Section 79

➢ Right to use of land for agriculture only --Section 79(2)
➢ 3.Right to mortgage without possession-Section 92(a)
➢ Right to lease in some cases-Sec 95 and 96
 ➢ Right to exchange- Section 101
➢ Right to sue for division- Section 116
➢ Right to surrender .Section 118
➢ Right to abandonment- Section 122
➢ Right to claim as bhumidhar with transferable rights- Section 76(2)
➢ Right to improvement of land- Section 87

ASSIGNMENT

1.Write 3 tyoes of bhumidhar with non-transferable rights under the UP Revenue Code 2006?

2.What is the nature of Rights of bhumidhar with non-transferable rights?

3. What is the status of bhumidhar with non-transferable rights among the tenure holders?

4.Write any 5 Rights of bhumidhar with non-transferable rights.

 LL.B (Hons.) VII Semester
Land Laws and Agricultural Laws I
Unit-II
Lecture-4 Asami & Government lessee
Youtube Link- https://youtu.be/EQyj7lEjEV8
Previous Year Questions of Lucknow University based on this Topic
1.Who is Asami?(2014)
2.Who is a Government Lessee?(2017,2019)

NOTES
Asami

• Asami is a minor form of land tenure.

• It applies but to a small number of persons who were non-occupancy tenants under the prior
law.
• Right of an asami is heritable, but neither it is permanent nor transferable.
• When a bhumidhar lets his holding in accordance with the provisions of the Act, the lessee is
called an asami.
• His status is analogous to that of sub-tenant or shikmi kashtkar.
• There are certain lands, enumerated under Section 77 in which bhumidhari rights cannot be
given.
• If such land is allotted to a person by the Land Management Committee or other body, he
shall be an asami at the sweet will and mercy of the Gaon Sabha or the land-holder.
• He is not holding possession on behalf of Gaon Sabha or land-holder, but he has a vestige of
title to it and holders on his own behalf and can set up his possession against the land-holder
till formality prescribed by law is undertaken by the land-holder
• He is evicted by the process of Law.
• Following classes of persons are Asami under the section 78 of U.P Revenue Code 2006.
(1) Every person who, as a consequence of Zamindari abolition became an asami or any other
Person who was an asami before the Commencement of U.P Revenue Code 2006.
(2) Every person who is admitted as an asami on or after the said date by the Bhumi Prabandhak
Samiti to any land under or in accordance with the provisions of this Code.
(3) Every person who is admitted as lessee by a bhumidhar of any land under or in accordance
with the provisions of this 43 Code.
(4) Every person who in any other manner acquires the rights of an asami under or in accordance
with the provisions of this Code or any other law for the time being in force.

Government lessee

• Definition of Government lessee has been given in section 147 of the Act.
• According to sec147-
➢ Every person who holds any land on lease from the State Government, whether such
lease was granted before or after the commencement of this Code, shall be called a
Government lessee .
• Government lessee has a right to hold land in accordance with the terms and conditions of the
lease.
• A Government lessee may be evicted from the land held by him on one or more of the
following grounds-
➢ he has failed to pay the rent or any other sum due under the lease within 73 six months from
the date on which it became due.
➢ that he has used such land for any purpose other than that for which it was granted
➢ the term of his lease has expired or the lease has been cancelled.
➢ he has contravened any terms or conditions of the lease.

ASSIGNMENT

1.The status of Asami is similar to whom?

2.What are the Classes of Asami under section 78 of the Act?

3.What is the nature of Asami’s right ?

4.Define Government Lessee?

5. Discuss the grounds on which a Government lessee may be evicted.

 LL.B (Hons.) VII Semester
Land Laws and Agricultural Laws I
Unit-II
Lecture-5 Ejectment
Youtube Link- https://youtu.be/CSUGcDwxxlA

Previous Year Questions of Lucknow University based on this Topic

1.What is Ejectment? (2013,2019)
2.Explain the procedure of Ejectment of Tresspasser .(2014,2017 )
3. Explain the procedure of Ejectment of Government lessee.(2015)

NOTES
EJECTMENT

• Ejectment is a common law term for civil action to recover the possession of or title to land
• Ejectment is a legal term used to describe the action of recovering the possession of land by
forcing a tenant or trespasser to vacate the premises.
• The terminology was utilized in time past to replace what were known as the Real Actions,
or the regulations and laws that related to controlling the title to a piece of land.
• The essentials of ejectment involve taking legal steps to order the removal of a tenant or
trespasser who does not have the legal right to remain in possession of a property owned by
another individual or entity.
• A Bhumidhar can not be ejected from the land held by him except as provided by or under
this Code.
Ejectment of Tresspasser
• Trespasser means a person entering someone’s land without permission or Trespasser is a
person who is occupying the land without title.
• Section 134 of the Revenue Code 2006 provides for the ejectment of persons occupying land
without title.
• Persons occupying land without title may be termed as trespasser when a person Takes or
retains possession of any land forming part of the holding of any Bhumidhar or asami
otherwise than accordance with the provisions of law for the time being in force.
Procedure of Ejectment
• The suit for ejectment of persons occupying the land without title and damages is to be filed
in the revenue court of sub-divisional officer.
• State government and gram panchayat shall be made a necessary party. (s.134(2))
• when the state government and gram panchayat is a necessary party the service of notice v/s
80 c.p.c. is mandatory.
Ejectment of trespassers of Gram Panchayat Land
• The sub divisional officer may of his own motion (suomoto)Or On the application of the
Gram Panchayat Or Other local authority Eject any person taking or retaining possession of
any following land.
➢ Any property vested in a gram panchayat or a local authority is damaged or
misappropriated
➢ Any land local authority or gram panchayat is entitled to take possession
➢ Any land which is owned by a gram panchayat or local authority.
 ➢ That the asami is holding land specified in clause (d) or clause (e) of section 77 and that
the cultivation of crops in such land has become impossible.
➢ that the asami was admitted to the land under clause (b) of section 125 of the Gram
Panchayat proposes to use it for a public purpose.
➢ The gram panchayat proposes to use it for a public purpose.
• If such possession is in contravention of the provisions of this code and without the consent
of such gram panchayat or Local authority the possessor shall also be liable to pay damages.
• In evicting a person under this section, the Sub-Divisional Officer may use or cause to be
used such force as may be necessary.
• For the purposes of this section, the word ‘land’ includes trees and other improvements
existing on such land.
Ejectment of Government lessee
A Government lessee may be evicted from the land held by him on one or more of the following
grounds-

➢ he has failed to pay the rent or any other sum due under the lease within 73 six months from
the date on which it became due.
➢ that he has used such land for any purpose other than that for which it was granted
➢ the term of his lease has expired or the lease has been cancelled.
➢ he has contravened any terms or conditions of the lease.

Assignment

1.What is Ejectment ?

2.What is the procedure of ejectment of Tresspasser?

3.State the conditions in which a tresspasser can be Ejected from the Gram panchayat
land?

4.Who is Tresspasser?

5.Discuss the procedure for ejectment of Government lessee.