Sec 7 - Except as provided in section 22,
any person having had any culturable land for twelve years continuously, and
having regularly paid the revenue during that period due thereon, or
held the same under an express exemption from revenue,
shall be deemed to have acquired the status of a landholder in respect of such land upon
the expiration of that period,
Provided that such status shall not be deemed
to have been acquired
by any possession that terminated
more than twelve years before February 1, 1879.
Explanation 1.
When land in the possession of one person
comes immediately into the possession of another
by transfer or succession,
the possession is deemed to be continuous, and
the latter may add the possession of the former to his own in reckoning his length of
possession.
Explanation 1A.
Where, because of circumstances arising out of the war,
any person has been compelled to relinquish possession of any culturable land
at any time during the period commencing on the 8th day of December 1941 and
ending with such date as may be prescribed by the President of the Union, by
notification,
but, who has regained possession of such culturable land as in the meantime has not been
occupied by any other person since the cessation of hostilities,
he shall be deemed to have been in continuous possession of such land and
he may add the period of relinquishment to the period prescribed in this section for
computing.
Explanation 2.
for this section, When any revenue has been paid in respect of any land
by any person holding such land under the person in possession thereof,
such revenue shall be deemed to have been paid by the person so in possession.
Definition
Sec 23. “State land” in the following sections of this Regulation means
land belonging to or
at the disposal of the Government and includes-
a) land formerly termed royal land;
b) land held on condition of rendering public service or
as an appanage to or emolument of a public office;
c) islands and alluvial formations in rivers;
d) waste-land and land included within reserved forests; and
e) land which has been under cultivation
but has been abandoned and
to the ownership of which no claim is preferred within two years from the 13th of July
1889.
Cognizance of claims to State land.
Sec 24. 1
Any land which, before the 13th of July 1889, has been or after that
may be declared by the Collector to be State land
shall be deemed to be such land until the contrary is proved.
2.
A claim to the ownership or possession of any land for which such a declaration
has been or may be so made, or
to hold such land free of land revenue or
at a favorable rate of land revenue, or
to establish any lien upon, or
other interest in, such land or the rents, profits, or produce thereof,
shall be cognizable by the Collector only, and
the order that the Collector may make on the claim shall be final, subject to the provisions
of Chapter II for appeal, review, and revision.
3.
The period of limitation for a claim under the last preceding sub-section
shall be one year from the date of the declaration made by the Collector.
4.
A declaration made by the Collector under sub-section (1)
may be withdrawn by him at any time
before the passing of an order on any claim preferred under sub-section (2)
to the ownership or possession of the land
to which the declaration relates; and
a declaration so withdrawn shall be deemed not to have been made, and
no presumption of the nature specified in sub-section (1) shall be deemed to have arisen.
