Local laws

Unit 1

(Q. 01) History, Object & Scope of Rent Control Legislation in

Jammu & Kashmir

Introduction:

Rent control laws in Jammu & Kashmir (J&K) have been put in place to regulate the
relationship between landlords and tenants, especially in urban areas. These laws aim
to protect tenants from unfair rent increases and arbitrary evictions, while also
ensuring that landlords can get fair returns on their properties. The Rent Control
Legislation has evolved over time, with various changes and improvements to address
the growing need for regulation in the housing and commercial rental markets.

History of Rent Control Legislation in J&K:

1. House Rent Control Order, 1942: The first important step in rent regulation
in Jammu & Kashmir was the House Rent Control Order of 1942. This order
was passed by the government during World War II under the powers granted
by the J&K Defence Rules. The main purpose of this order was to prevent
landlords from charging excessive rents during a period of economic
instability. The order was published in the J&K Government Gazette and
mainly applied to government buildings and certain areas, regulating the rent
that could be charged by landlords.
2. Shop Rent Control Order, 2002: As the population in urban areas grew, there
was a need to regulate rents for commercial properties as well. In response to
this, the Shop Rent Control Order was introduced in Samvat 2002 (a Hindu
 calendar used in J&K). This order specifically focused on controlling the rent
of shops and other commercial establishments. It provided a legal framework
for regulating rents in the commercial sector, just like the earlier order did for
residential properties.
3. J&K Home & Shop Rent Control Act, 1966: Both the 1942 House Rent
Control Order and the 2002 Shop Rent Control Order were eventually replaced
by the J&K Home & Shop Rent Control Act of 1966. This Act was enacted
by the Governor of J&K on May 16, 1966, and was aimed at providing a
comprehensive solution for rent regulation across both residential and
commercial properties. The Act consolidated the earlier provisions and created
a more formal and detailed framework to address rent disputes and protect the
rights of both landlords and tenants.

Objectives of the J&K Home & Shop Rent Control Act, 1966:

The J&K Home & Shop Rent Control Act has several important goals that help
balance the interests of tenants and landlords:

1. Regulating Rent in Urban Areas: One of the main objectives of the Act is to
control the rent of houses and shops in urban areas of Jammu & Kashmir. The
law ensures that rent charges remain fair and reasonable, preventing landlords
from raising rents unfairly or excessively. This helps protect tenants from being
overcharged, especially in high-demand areas.
2. Protecting Tenants from Unfair Rent: The Act provides legal protection to
tenants by preventing landlords from increasing rent arbitrarily. If a tenant
believes the rent is unfair, they can approach the Rent Controller, who has the
authority to review and decide if the rent is reasonable. This ensures that
tenants are not exploited by landlords looking to make unreasonable profits.
3. Preventing Unjust Eviction: The Act also protects tenants from unfair or
sudden eviction by landlords. Under the Act, landlords cannot evict tenants
 without a valid reason or without following proper legal procedures. The law
gives tenants the right to stay in their homes unless there are legitimate grounds
for eviction, such as non-payment of rent or the property being required for
personal use by the landlord.
4. Regulating Ejectment Orders: The Rent Control Act ensures that landlords
cannot easily force tenants out of their properties. No court can issue an order
to evict a tenant unless the landlord has a valid, legal reason and has followed
all required procedures. This gives tenants security and protection against
arbitrary eviction.

Scope of the J&K Home & Shop Rent Control Act, 1966:

The scope of the J&K Home & Shop Rent Control Act is wide, but there are certain
limitations and areas it does not cover. It is important to understand where the Act
applies and how it works in conjunction with other laws.

1. Supplementary to Other Laws: The Rent Control Act does not operate alone.
It works together with other property laws like the Transfer of Property Act
(TPA), 1882. While the Rent Control Act specifically regulates rents and
tenant rights, it does not override other laws related to property leasing. For
example, the TPA governs how leases are made, renewed, and terminated. The
Rent Control Act only adds specific rules for rent regulation and tenant
protection, and it works alongside these other laws to ensure fairness.
2. Eviction Procedures and Tenant Protection: If a landlord wants to evict a
tenant, they must follow the procedures laid down in both the Transfer of
Property Act and the J&K Rent Control Act. Even if the landlord has a valid
reason for eviction (such as non-payment of rent), they cannot just throw the
tenant out. The process must go through the courts, and the landlord must
prove their case. This ensures that tenants are not unfairly or arbitrarily
removed from their homes or businesses.
 3. Geographical Application: The Rent Control Act is specifically applicable
within the state of Jammu & Kashmir. This means that the provisions of the
Act apply only to properties located within the state. Other states in India may
have their own rent control laws, and tenants and landlords in J&K must follow
the rules set out in this specific legislation.
4. Scope of Application: The Act applies to both residential and commercial
properties in urban areas. This includes houses, apartments, shops, and other
commercial establishments. However, it does not cover agricultural land or
rural areas. The Act focuses on urban areas where the demand for housing and
commercial properties is higher and where tenants are more likely to face
issues with rent increase or evictions.

Case Law:

Raghbir Singh v. Girdhari Lal Manhas (AIR 1976 J&K): In the case of Raghbir
Singh v. Girdhari Lal Manhas (AIR 1976 J&K), the Jammu & Kashmir High Court
clarified the purpose and importance of the Rent Control Act. The Court emphasized
that the Rent Control legislation was designed to protect tenants from arbitrary
eviction and to ensure that they have a stable and secure tenancy. The Court ruled that
landlords could not evict tenants without proper legal grounds and without following
the necessary legal procedures. This case reinforced the idea that the Rent Control Act
provides legal protection and stability to tenants, preventing landlords from acting
unfairly.

Conclusion:

The J&K Home & Shop Rent Control Act, 1966 is an important piece of legislation
designed to ensure fairness in the relationship between landlords and tenants in
Jammu & Kashmir. By regulating rent prices, protecting tenants from unjust evictions,
and ensuring that landlords follow legal processes when seeking eviction, the Act
aims to create a balanced and just rental system. The Act works alongside other
property laws like the Transfer of Property Act, 1882 to provide a comprehensive
legal framework for both landlords and tenants. Overall, the legislation helps promote
fair practices in the rental market, ensuring that both parties are treated with respect
and that disputes are resolved in a legal and just manner.

(Q. 03) SECTION 1 TO 10

Provisions Related to Rent (Sections 1-10) of the J&K Home & Shop Rent
Control Act, 1966

The J&K Home & Shop Rent Control Act, 1966 was enacted to regulate the
relationship between landlords and tenants, ensuring fairness in rent and preventing
the exploitation of tenants. Sections 1 to 10 of the Act deal with crucial aspects related
to rent, tenant rights, and the responsibilities of landlords. Below is a detailed
explanation of these sections.

1. Section 1: Applicability of the Act

● Purpose: This section specifies the geographical area where the Act applies
and defines its scope. It is applicable within the territory of Jammu &
Kashmir.
● Key Points:
o The Act applies to both residential and commercial properties rented in
urban areas of Jammu & Kashmir.
o It governs all aspects of rent control, including fair rent, eviction
processes, and the rights of tenants and landlords within these urban
areas.
o The Act does not apply to properties outside the jurisdiction of J&K or
to agricultural lands or rural areas.

2. Section 2: Definitions

● Purpose: Section 2 provides definitions of various key terms used in the Act.
This is important for understanding the rights and obligations of both landlords
and tenants.
● Key Points:
 o Terms such as tenant, landlord, fair rent, tenancy agreement, and
house/shop are defined.
o These definitions clarify who is covered under the Act, how rent is to be
understood, and the legal rights associated with these terms.
o Clear definitions ensure consistency in applying the law to different
cases and disputes.

3. Section 3: Amount in Excess of Fair Rent Irrecoverable

● Purpose: This section ensures that any rent paid in excess of the fair rent as
determined by the Rent Controller is not recoverable by the landlord.
● Key Points:
o If a tenant pays more than the fair rent, as agreed or determined by the
Rent Controller, the excess amount cannot be demanded back by the
landlord.
o If there is no agreement specifying the rent, and the landlord has
collected more than the fair rent, this extra money is considered
irrecoverable.
o This provision protects tenants from being overcharged by landlords,
ensuring that they are only required to pay a reasonable and fair rent.

4. Section 4: Premium or Fine Not to Be Claimed

● Purpose: Section 4 prohibits landlords from demanding any additional

payments, such as premium, fine, or advance rent beyond one month’s rent,
unless approved by the Rent Controller.
● Key Points:
o Premium or Fine: The landlord cannot demand a premium or fine (a
one-time additional payment or bribe) as part of the rental agreement.
o Advance Rent: The landlord can only demand one month’s rent in
advance, unless they get prior written permission from the Rent
Controller.
o This provision aims to prevent landlords from exploiting tenants by
charging excessive initial payments that are not justified by the rental
agreement.

5. Section 5: Restriction on Sale of Furniture in Rented Premises

● Purpose: This section regulates the condition where landlords might require
tenants to purchase or hire furniture as part of the rental agreement.
● Key Points:
 o Landlords cannot make it a condition for renting a property that tenants
must buy or hire furniture, or any other items, as a part of the tenancy
unless the Rent Controller gives prior written consent.
o The Rent Controller has the authority to approve such arrangements if
deemed reasonable.
o This prevents landlords from using the sale or hire of furniture as a way
to increase their income unfairly.

6. Section 6: Refund of Rent/Premium (Pagree) Not Recoverable

● Purpose: Section 6 deals with the recovery of any extra rent, premium, or
pagree (a one-time fee paid by the tenant to the landlord for tenancy) that has
been paid incorrectly.
● Key Points:
o If a tenant has paid any excess rent, premium, or pagree, it cannot be
recovered by the landlord unless a specific provision under the Act
applies.
o However, the tenant can apply to the Rent Controller for a refund of
these amounts within 6 months from the date of payment.
o If the Rent Controller approves the refund, the court will enforce this
order.
o This provision helps ensure that tenants are not financially burdened by
overpayments made due to mistakes or illegal demands by landlords.

7. Section 7: Fixation of Rent for Furnished House or Shop

● Purpose: Section 7 specifically applies when a house or shop is rented out with
furniture or other additional facilities, and regulates how rent should be
determined in such cases.
● Key Points:
o If the rent includes charges for furniture or additional facilities provided
by the landlord, the tenant can apply to the Rent Controller within 6
months of the tenancy.
o The Rent Controller has the authority to reduce the portion of the rent
that is attributed to the use of the furniture or additional facilities if it is
found to be unduly high.
o This provision ensures that tenants are not unfairly charged for the value
of items provided by the landlord as part of the tenancy.

8. Section 8: Determination of Fair Rent by the Controller

 ● Purpose: This section allows the Rent Controller to determine or fix the fair
rent for a house or shop if there is a dispute or if the rent charged is considered
unreasonable.
● Key Points:
o Fair Rent: Fair rent is a rent that is reasonable in relation to the size,
condition, location, and amenities of the property.
o The Rent Controller can revise the rent every 3 years.
o Rent can be fixed under various conditions, including:
▪ Municipal Tax Increase: If there is an increase in municipal
taxes, the Rent Controller may revise the rent to account for these
additional costs.
▪ Additions/Improvements: If the landlord makes improvements
to the property (e.g., repairs, renovations), the Rent Controller
may increase the rent by up to 10% of the cost of these
improvements.
▪ Furnished Property: If the landlord provides furniture, the cost
of the furniture can be added to the rent (again, up to 10% of the
furniture's value).
▪ Newly Built Property: For properties built after certain dates,
the rent may be increased based on the cost of construction,
subject to a maximum increase of 6% of the construction cost.
▪ Market Rate: If no specific provisions apply, the rent can be set
according to what is considered fair and reasonable for the
market conditions.
▪ The Rent Controller resolves disputes between landlords and
tenants regarding rent and fixes the rent accordingly.

9. Section 9: Date on Which Fair Rent Takes Effect

● Purpose: This section specifies when the new fair rent, as determined by the
Rent Controller, will take effect.
● Key Points:
o If the Rent Controller decreases the rent, the new rent becomes payable
from the next month after the application.
o If the Rent Controller increases the rent, the new rent is payable from
the following month, based on the type of increase:
▪ Municipal Taxes: If the rent increase is due to higher municipal
taxes, the new rent takes effect after the increase.
▪ Improvements: If the rent increase is due to improvements made
by the landlord, the new rent takes effect after the completion of
the improvements.
▪ Furniture: If the rent increase is due to supplied furniture, the
new rent takes effect from the next month after the furniture is
supplied.
10. Section 10: Rent Fixed Cannot Be Changed Except Under Certain Conditions

● Purpose: Section 10 prevents landlords from arbitrarily changing the rent once
it is fixed, ensuring stability in the rental agreement.
● Key Points:
o Once the rent has been fixed under the terms of the tenancy agreement
or by the Rent Controller, it cannot be changed unless there is a new
agreement between the landlord and tenant or a new rent fixation under
Section 8.
o This prevents landlords from frequently changing the rent without
following the legal procedures.

Conclusion:

The J&K Home & Shop Rent Control Act, 1966 is designed to balance the interests
of both tenants and landlords by regulating rent, protecting tenants from exploitation,
and providing a structured mechanism for resolving disputes. The provisions in
Sections 1 to 10 lay the foundation for rent regulation, ensuring that rent remains fair
and reasonable and that tenants' rights are safeguarded. Through these sections, the
Act aims to promote transparency, fairness, and stability in rental agreements in
Jammu & Kashmir.

(Q. 04) Sections 11-13 of the J&K Home & Shop Rent Control
Act, 1966
Suit and Proceeding for Eviction: Sections 11-13 of the J&K Home & Shop Rent
Control Act, 1966

Sections 11 to 13 of the J&K Home & Shop Rent Control Act, 1966 are crucial for
defining the legal framework regarding tenant protection against eviction, the
conditions under which eviction is permissible, and the rights of tenants in cases of
wrongful eviction or possession disputes. These sections lay down procedures for
eviction suits and provide tenants with legal safeguards, ensuring that landlords cannot
evict tenants arbitrarily. Below is a detailed explanation of these sections.

1. Section 11: Protection of Tenant Against Eviction

● Purpose: Section 11 primarily protects tenants from arbitrary eviction by

landlords. It specifies the conditions under which a landlord may seek
possession of a rented property from a tenant.
 ● Key Points:
o General Rule: No court can issue an order or decree for the recovery of
possession of a house or shop from a tenant unless specific conditions
are met.
o Grounds for Eviction: The court may issue an eviction order in the
following cases:
▪ If the tenant has transferred their tenancy rights (either wholly
or partly).
▪ If the tenant has sublet the rented property, or a significant
portion of it, for more than 7 consecutive months.
▪ If the tenant violates the provisions of the Transfer of Property
Act (TPA), 1882.
▪ If the tenant uses the property for immoral or illegal purposes.
▪ If the tenant fails to use or occupy the house/shop for 7
consecutive months without a valid reason.
▪ If the tenant behaves irresponsibly or negligently.
▪ If the tenant causes a nuisance or annoys the neighbors or
landlord.
▪ If the landlord requires the property for rebuilding or for their
own occupation.
▪ If the tenant fails to pay two months’ rent or more, and the rent
becomes due as arrears, in accordance with the contract terms.

2. Section 11-A: Restoration of Possession for Defence Personnel

● Purpose: Section 11-A provides a special provision for landlords who are
members of the defense forces, allowing them to reclaim possession of their
residential property under specific circumstances.
● Key Points:
o Conditions for Restoration: The tenant must return possession of the
property to the landlord within one month from the date of application
to the Rent Controller, if the following conditions are met:
▪ The landlord is a member of the defense forces and has served
or is serving in the defense services.
▪ The landlord requires the property for their own occupation
upon retirement, discharge, or release from the defense
forces, and produces a certificate from the commanding officer
confirming their service.
▪ If the landlord is the widow of a deceased defense personnel,
and she produces a certificate from the commanding officer
confirming the death of her husband in the line of duty.

3. Section 11-B: Restoration of Possession for Railway Employees

 ● Purpose: This section applies to landlords employed in the Railway
Department, providing them with the right to recover possession of their
property under certain conditions.
● Key Points:
o Conditions for Restoration: If the landlord is serving in the Railway
Department, they can apply to the Rent Controller for the possession of
the property after retirement. The application must include a certificate
that states the retirement date.
o Once the controller issues an order, the landlord can recover immediate
possession of the residential building.

4. Section 12: Protection Against Eviction for Tenants in Arrears of Rent

● Purpose: Section 12 gives tenants protection from eviction in case they have
defaulted on rent payments, but are willing to pay the arrears within a specified
time.
● Key Points:
o Arrears of Rent: If a tenant has not paid two months’ rent and a suit
for recovery of possession is filed by the landlord, the court will
determine the amount due, including interest at the rate of 9.38% per
annum.
o Protection from Eviction: If the tenant pays the due rent, including
interest, within 15 days of the court's order, they will be protected from
eviction.
o Monthly Payments: During the proceedings, the landlord and tenant
can jointly apply to the court to allow the tenant to pay monthly rent as
due, along with any arrears, to continue the tenancy. If the tenant
complies, the court may dismiss the eviction suit.

5. Section 12-A: Restoration of Possession After Fire Damage

● Purpose: Section 12-A provides tenants with the right to restore possession if
the rented property is partially or completely destroyed by fire, and the
landlord rebuilds the property.
● Key Points:
o Re-entry Conditions: If the rented property is gutted in a fire and
rebuilt by the landlord, the tenant has a right to re-enter the property
under certain conditions:
▪ The landlord must give the tenant one month’s notice before
allowing re-entry.
▪ The tenant must convey their consent to re-enter the property
within 15 days of receiving the notice.
 ▪ If the tenant agrees to re-enter but the landlord refuses to allow
re-entry, the tenant may apply to the Rent Controller within one
month for restoration of possession.

6. Section 13: Restoration of Possession and Compensation for Tenants

● Purpose: Section 13 outlines the tenant's right to restoration of possession and

compensation if the landlord fails to comply with specific conditions related to
eviction and possession.
● Key Points:
o Restoration and Compensation: A tenant is entitled to restoration of
possession and compensation under the following conditions:
▪ If the landlord has recovered possession of the property but fails
to commence rebuilding within 6 months, or fails to occupy the
property within 2 months after the eviction, the Rent Controller
may order the landlord to restore possession to the tenant. The
landlord may also be required to pay compensation.
▪ If the landlord obtained an eviction decree under the assumption
that a public welfare project (like rebuilding or extending
accommodation) was planned, but the project is not executed, the
Rent Controller may impose a fine on the landlord, which could
extend up to Rs. 1000, and also order the landlord to pay
compensation to the tenant for wrongful eviction.

Conclusion:

Sections 11 to 13 of the J&K Home & Shop Rent Control Act, 1966 play a vital
role in protecting tenants from unfair eviction and ensuring that landlords do not abuse
their power to regain possession of their property. These sections create a balance by
allowing landlords to regain possession under specific, justifiable conditions, while
also providing tenants with rights to stay in their property under certain circumstances,
particularly when it comes to non-payment of rent or damage to the property.
Furthermore, these provisions ensure that tenants are not left without compensation if
they are wrongfully evicted. By providing clear guidelines for eviction, restoration of
possession, and compensation, these sections help foster fairness and accountability in
landlord-tenant relationships in Jammu & Kashmir.

Unit 2

Position of the Controller:

The Controller is a key official appointed under the Act to oversee and manage
matters related to landlord-tenant disputes and other property-related issues. This role
is critical in ensuring the proper implementation of the Act within the designated area.

● Appointment: The Controller is appointed by the government through an

official notification for a specific area or jurisdiction.
● Duties and Powers: The Controller is responsible for hearing applications,
issuing notices, conducting inspections, and resolving disputes between
landlords and tenants. They also have the authority to take necessary actions,
such as summoning witnesses or requiring documents.
● Quasi-Judicial Role: The Controller acts in a quasi-judicial capacity,
meaning they have the authority to make binding decisions on legal matters but
are not a judge in the traditional court sense. Their decisions have legal weight,
and they must follow the procedures set out in the Act.
● Independence: The Controller must act impartially and in accordance with the
law, ensuring fairness and transparency in resolving disputes.
● Importance: The position is significant because the Controller ensures that the
rights of both landlords and tenants are protected, and that the provisions of the
Act are upheld effectively within their jurisdiction.

1. Appointment of Controller (Section 17)

Section 17 deals with the appointment process of the Controller. According to this
provision, the government has the authority to appoint a person as the Controller for
any specific area or jurisdiction that is governed by the Act. This appointment is made
through an official notification.

The appointed Controller is entrusted with specific duties and powers under the Act.
These duties include overseeing applications, conducting hearings, issuing notices,
and taking actions to resolve disputes between landlords and tenants, among other
responsibilities.

● In Simple Terms: The government can appoint a person to be the "Controller"

for a particular area to manage disputes and enforce the provisions of the Act.
This person will be responsible for carrying out various duties, such as
resolving issues between landlords and tenants.

2. Final Hearing of Certain Applications (Section 18)

Section 18 outlines the procedure for the final hearing of applications made to the
Controller. The key points are as follows:

● a) Timeframe for Hearing:

 o The Controller must complete the hearing of every application made
under this Act within 3 months of its filing. However, applications
under Section 27 (which may involve more complex issues) may have a
different timeframe.
● b) Continuity of Hearing:
o Once the hearing of an application starts, it must proceed day to day
without interruption. If for any reason the hearing cannot continue on a
particular day, the Controller is required to record the reason for the
delay in writing. This ensures transparency and accountability in the
proceedings.
● c) Cost of Application:
o The Controller also has the authority to decide on the costs associated
with the application. The costs should be reasonable and based on the
complexity and nature of the case.
● In Simple Terms: Applications to the Controller must be decided within three
months. The hearing will take place daily unless there is a valid reason for a
delay. The Controller also decides the cost of the application, ensuring that it is
fair and just.

3. Notice to Landlord and Tenants Before Exercising Powers (Section 19)

Section 19 provides the procedure for the Controller to give notice to landlords and
tenants before exercising certain powers under the Act.

● Before taking any action, the Controller must send a notice by registered post
to both the landlord and the tenant, informing them of their intention to
exercise powers under the Act. This ensures that both parties are fully aware of
the Controller's actions.
● Additionally, a copy of the notice must be displayed at a conspicuous place in
the Controller's office. This serves as a public notice to inform all interested
parties of the Controller’s intention to exercise powers.
● In Simple Terms: Before acting, the Controller must send a registered notice
to both the landlord and tenant, informing them of the action to be taken. A
copy of the notice must also be displayed in the Controller’s office for the
public to see.

4. Powers to Enter and Inspect Houses or Shops (Section 20)

Section 20 provides the Controller with the authority to inspect properties, summon
witnesses, and gather necessary information. The Controller has several important
powers under this section:

● a) Power to Enter and Inspect:

 o The Controller may enter and inspect any house or shop during the
hours of sunrise to sunset. The Controller can also authorize another
officer to carry out the inspection on their behalf. This inspection is a
critical part of ensuring compliance with the provisions of the Act.
● b) Power to Require Documents:
o The Controller can demand that any person produce documents that are
relevant to the inquiry. This includes books of accounts, rent receipts,
and any other documents that may be necessary for resolving the dispute
or enforcing the law.
● c) Powers under the Civil Procedure Code, 1908:
o The Controller's powers are supplemented by the Code of Civil
Procedure, 1908. These include:
▪ i. Summoning witnesses to appear in court.
▪ ii. Enforcing the attendance of witnesses who fail to appear.
▪ iii. Compelling the production of documents that are relevant
to the matter at hand.
▪ iv. Issuing commissions for the inspection of specific matters
that require further examination.
● In Simple Terms: The Controller has the power to inspect any house or shop
during the day, ask people to produce important documents, and summon
witnesses if necessary. They can also use powers from the Civil Procedure
Code to ensure witnesses attend, compel the production of documents, and
appoint special officers for further inspections.

Conclusion:

Sections 17 to 20 of the Act define the role, powers, and procedures related to the
Controller and their function in managing landlord-tenant disputes. These provisions
ensure that the Controller is appointed properly, has sufficient powers to conduct
hearings, issue notices, and carry out inspections, and can make binding decisions in
disputes. The aim is to ensure a transparent, fair, and accountable process, where both
landlords and tenants are informed of actions and have the opportunity to be heard.
The powers provided to the Controller help maintain the rule of law, encourage
compliance with the Act, and protect the rights of all parties involved.

Question (20 Marks)

Explain the obligations of a landlord under the Jammu and Kashmir Home and
Shop Rent Control Act, 1966 (Sections 27-29). Discuss the responsibilities
regarding maintenance, repairs, emergency measures, and cutting off essential
services.

Answer:
Under Sections 27 to 29 of the Jammu and Kashmir Home and Shop Rent Control
Act, 1966, landlords have clear obligations to maintain the rented property in good
condition and ensure that tenants have access to basic services. These sections are
designed to protect tenants' rights and ensure that landlords fulfill their
responsibilities. If landlords fail to meet these obligations, tenants can take action
through the Controller, who can intervene to resolve disputes. Below is a detailed
explanation of the landlord's obligations:

1. Obligation of Landlord Regarding Maintenance and Repairs (Section 27)

Section 27 of the Act requires landlords to maintain the rented property and provide
essential services. The landlord is responsible for keeping the property in good
condition by ensuring:

● a) Essential supply or service – The landlord must provide essential services

like water, electricity, and sanitation.
● b) Maintenance of water and electricity supply – The landlord should ensure
that water and electricity are supplied to the tenant without interruption.
● c) Sanitary and conservancy services – The landlord must ensure that the
sanitary services, including proper waste disposal and cleanliness, are
maintained.
● d) Repairs – The landlord is responsible for repairing the property, including
fixing broken structures, leaks, and any other damage.
● e) Lift maintenance – If the property has a lift, the landlord must maintain it in
proper working condition.

If the landlord neglects these responsibilities, the tenant can file an application with
the Controller to request the necessary repairs. The tenant must serve a notice to the
landlord, demanding that repairs be made.

● In Simple Terms: The landlord is responsible for maintaining the house or

shop by ensuring the essential services like water, electricity, and sanitation are
provided and making necessary repairs. If the landlord doesn't do so, the tenant
can ask the Controller to intervene.

2. Tenant’s Right to Make Repairs if Landlord Fails (Section 27)

If the landlord ignores the notice and does not carry out the repairs within a reasonable
time, the tenant has the right to take action and fix the issue themselves. Here’s what
the tenant can do:

● The tenant can submit an estimate of the repair cost to the Controller.
 ● The tenant can then request permission from the Controller to carry out the
repairs.
● After hearing from the landlord, the Controller may allow the tenant to make
the repairs.

Once the repairs are made, the tenant can deduct the cost of repairs from the rent.
However, the amount deducted cannot exceed 1/12th of the total annual rent.

● In Simple Terms: If the landlord does not make the repairs, the tenant can ask
the Controller for permission to do it and subtract the repair cost from the rent,
but only up to a certain limit (1/12th of the annual rent).

3. Repairs When Property is Uninhabitable (Section 27)

If the property becomes uninhabitable or unusable because of necessary repairs (for

example, a broken roof or plumbing problem), the landlord is still bound to make the
repairs. If the landlord fails to do so, the tenant can repair the property without any
limit on the cost that can be deducted from the rent.

● In Simple Terms: If the house or shop cannot be lived in due to damage, the
landlord must fix it. If the landlord doesn't fix it, the tenant can make the
repairs themselves and deduct the full cost from the rent.

4. Tenant’s Emergency Measures for Repair (Section 28)

Section 28 provides special rules for emergency repairs. If a repair is urgent and the
landlord is not fixing it immediately would cause personal harm, damage, or serious
inconvenience to the tenant, the tenant can take the following steps:

● The tenant can serve a notice to the landlord, demanding that the repair must
be made within 22 hours.
● A copy of the notice must be sent to the Controller, along with an estimate of
the repair cost.
● If the landlord does not make the repairs within the specified time, the tenant
can go ahead with the repairs.

Once the repairs are done, the tenant can recover the cost from the landlord, but the
amount deducted from the rent cannot exceed 1/12th of the annual rent.

● In Simple Terms: In emergencies, the tenant can ask the landlord to make
repairs within 22 hours. If the landlord does not respond in time, the tenant can
repair the property themselves and deduct the cost from the rent (but only up to
a limit).
5. Cutting Off Essential Services or Supplies (Section 29)

Section 29 addresses the issue of landlords cutting off or withholding essential

services like water, electricity, and sanitation. The law specifically prohibits landlords
from doing this without a valid reason. Essential services include:

● a) Water supply
● b) Electricity supply
● c) Lighting in common areas (e.g., corridors, staircases)
● d) Sanitary and conservancy services
● e) Maintenance of common areas, such as staircases.

If a landlord cuts off any of these essential services without a valid reason, the tenant
has the right to seek help from the Controller. The landlord may also face criminal
penalties, which could include imprisonment for up to 6 months or a fine, or both.

● In Simple Terms: The landlord cannot stop providing essential services like
water or electricity unless there is a good reason. If they do so, they can be
fined or even jailed.

Conclusion:

Sections 27 to 29 of the Jammu and Kashmir Home and Shop Rent Control Act, 1966,
clearly set out the landlord’s responsibilities in maintaining the property and ensuring
tenants have a safe and habitable living environment. Landlords must keep the
property in good condition by providing essential services and making necessary
repairs. If the landlord fails to meet these obligations, tenants can take action,
including making the repairs themselves and recovering the cost through the
Controller.

Additionally, tenants have the right to take emergency measures in urgent situations
and can deduct repair costs from the rent. The law also protects tenants from landlords
who cut off essential services by imposing legal consequences on those who do so.
These provisions are designed to ensure a fair balance between the rights of tenants
and the responsibilities of landlords, creating a safer and more equitable environment
for both parties.

QUESTION
Explain the provisions regarding Appeal, Review, and Revision under Section 21
of the Jammu and Kashmir Home and Shop Rent Control Act, 1966. Discuss the
procedure, limitation period, and powers of the District Judge and High Court in
this regard.

Answer:

Section 21 of the Jammu and Kashmir Home and Shop Rent Control Act, 1966,
provides a framework for Appeal, Review, and Revision in case a party is
dissatisfied with the final order passed by the Controller under the Act. These
provisions allow an aggrieved party to challenge the Controller's decision in higher
courts, such as the District Judge or High Court, under specific conditions.

1. Meaning of Appeal, Review, and Revision

● Appeal: An appeal is a legal process where a party who is dissatisfied with a

decision of a lower court or authority approaches a higher court to review and
potentially reverse or modify the decision. It involves a judicial examination of
the decision made by the lower authority.
● Review: Review is the process of reconsidering a decision or order that has
already been made, usually by the same authority or court. This is done to
ensure there was no error in the original decision.
● Revision: Revision is a process where the higher court examines a decision
made by a lower court or authority to correct errors or improve the decision. In
Revision, the higher court does not rehear the entire case but reviews the
correctness of the decision.

2. Appeal Under Section 21 of the J&K Home and Shop Rent Control Act

Appeal to District Judge (Section 21):

● If a party is dissatisfied with the final order of the Controller, they can file an
appeal before the District Judge of the district where the property (home or
shop) is situated.
● The appeal is made to challenge the final decision given by the Controller in a
rent control case.

Limitation Period for Appeal:

● The appeal must be filed within 30 days from the date of the order passed by
the Controller.
● The 30-day period is counted excluding the day of the order and any time
required for obtaining a certified copy of the order from the Controller.

Procedure for Filing an Appeal:

 ● The procedure for filing an appeal and review is outlined in the Civil
Procedure Code (CPC), specifically under Section 104. This means that the
same procedure used for appeals in civil cases applies to appeals under the
Rent Control Act.
● The District Judge will hear the appeal and may affirm, modify, or reverse the
Controller's decision.

Appeal to the High Court (Section 105 of CPC):

● After an appeal to the District Judge, no further appeal can be made.

● However, the High Court can exercise its revisionary jurisdiction over the
order passed by the District Judge if it finds:
o Error of law in the decision, or
o Material failure of justice (i.e., an unjust decision or a serious mistake
in the process).
● In Simple Terms: If you disagree with the Controller’s decision, you can
appeal to the District Judge. You must do so within 30 days. If the District
Judge’s decision is still unsatisfactory, you may request the High Court to
revise it if there is a legal error or failure of justice.

3. Review and Revision Under Section 21 of the J&K Home and Shop Rent
Control Act

Review (Section 21):

● Although review is not specifically defined in the J&K Rent Control Act, it
follows the general rules of the CPC. A review can be filed if a party believes
that there has been an error or oversight in the original decision made by the
Controller or District Judge.
● The review may be granted on grounds such as:
o Discovery of new evidence that could not be presented during the
original hearing.
o A mistake or error in the judgment itself.

Revision (Section 21):

● Revision is a process through which higher courts (District Judge or High

Court) have the power to review the decisions made by the Controller, District
Judge, or any subordinate court in certain circumstances.
● Section 115 of the Civil Procedure Code (CPC) provides the basis for
revision, allowing the High Court to exercise revisionary powers over decisions
of lower courts in the following situations:
1. The lower court has exceeded its jurisdiction.
2. The court has failed to exercise its jurisdiction when it was vested with
such power.
 3. The court has acted illegally or with material irregularity in its
exercise of jurisdiction.

Powers of the High Court in Revision:

● Under Section 21, the High Court has the power to revise the orders of the
District Judge or the Controller. The revisionary powers of the High Court
allow it to:
o Correct legal errors made by lower courts.
o Address cases where justice has not been properly served due to
mistakes or negligence in the lower court’s decision.
● The Revision under Section 21 is subject to the provisions of the J&K
Limitation Act, and the High Court must exercise these powers within the
time frame specified under the law.

Case Law:

● In the case of Harbans Lal v. Amarnath (2003, J&K High Court), the J&K
High Court held that the High Court can revise an order passed by a
subordinate court on the grounds of:
o Error of law.
o Material failure of justice, which means that the decision has caused a
substantial injustice or mistake that needs correction.

4. Conclusion

In summary, Section 21 of the J&K Home and Shop Rent Control Act, 1966, provides
a clear process for challenging decisions made by the Controller. The aggrieved party
can file an appeal to the District Judge within 30 days of the Controller’s order. If
further dissatisfaction exists with the District Judge's decision, a revision can be made
to the High Court based on legal errors or failure of justice. The High Court also
holds revisionary powers under the provisions of the CPC and can make corrections
where necessary. This ensures that decisions in rent control matters are made fairly
and in accordance with the law.

These provisions are vital in protecting the rights of both landlords and tenants,
ensuring that disputes are resolved through fair judicial processes, and correcting any
legal errors or injustices that may arise.

Unit 3

Classes of Revenue Officers, Their Appointment & Powers

(Sections 6-19A)
Revenue officers are key officials responsible for handling matters related to land and
revenue administration. These officers are divided into different classes based on their
duties, powers, and jurisdiction. Here, we will discuss the different classes of revenue
officers, their appointment, powers, and responsibilities under the Jammu & Kashmir
Land Revenue Act.

1. Classes of Revenue Officers (Section 6)

According to Section 6, the following are the classes of revenue officers:

● Financial Commissioner: The highest-ranking officer in the state who

oversees all revenue-related matters.
● Divisional Commissioner: A senior officer responsible for a province or a
division within the state.
● Collector: The head of the district, responsible for managing revenue and land
records at the district level.
● Assistant Collector of 1st Class: An officer who assists the Collector in
district administration, typically managing important or complex matters.
● Assistant Collector of 2nd Class: A junior officer who works under the 1st
class assistant collector and handles less complex cases.

In addition:

● The Deputy Commissioner is often the Collector of the district.

● The Assistant Commissioner and Tehsildar are designated as Assistant
Collectors of 1st Class.
● The Naib Tehsildar is designated as an Assistant Collector of 2nd Class.

2. Jurisdiction of Revenue Officers

● Financial Commissioner: Has jurisdiction over the entire state.

● Divisional Commissioner: Has jurisdiction over a division (a collection of
districts).
● Collector & Assistant Collectors: They have jurisdiction over the district or
tehsil (subdivision of a district) they are assigned to.
● The government can confer the powers of these higher officers (Financial
Commissioner, Divisional Commissioner, etc.) onto other officers as needed,
within their specific jurisdiction.

3. Control of Revenue Officers (Section 8)

The general supervision and control over all revenue officers are vested in the
government. The hierarchy is as follows:
 ● The Financial Commissioner oversees the Divisional Commissioners,
Collectors, and Assistant Collectors.
● The Divisional Commissioners, Collectors, and Assistant Collectors are
responsible for managing other lower-level revenue officers in their
jurisdiction.

4. Powers of Revenue Officers

Revenue officers hold various powers under the law. Some of the key powers are:

● Power to Distribute Business (Section 9): A senior revenue officer (Financial

Commissioner, Divisional Commissioner, or Collector) can distribute specific
tasks or cases among lower-level revenue officers under their control.
● Power to Withdraw & Transfer Cases (Section 10): A higher-ranking officer
can withdraw any pending case and either transfer it to another officer or refer
it to a different officer for disposal.
● Appeals (Section 11): If a party is dissatisfied with the decision of a revenue
officer, they can appeal to a higher authority:
o From an Assistant Collector to the Controller.
o From the Collector to the Divisional Commissioner.
o From the Divisional Commissioner to the Financial Commissioner.
o The time limit for filing appeals is 60 days for appeals to the Collector
or Assistant Collector, and 90 days for appeals to the Divisional
Commissioner or Financial Commissioner.
● Special Provision for Ladakh & Gilgit: In these regions, the appeal time
limits are twice as long as in other ordinary areas.
● Review (Section 13): A revenue officer can review their own decisions or
those of subordinate officers, either on their own initiative or at the request of a
party. This must be done within 90 days of the order, and both parties must be
given a reasonable opportunity to be heard before any modification or reversal
of the decision.
● Powers to Revise Orders (Section 15): Higher-ranking revenue officers like
the Financial Commissioner or Divisional Commissioner can revise or modify
the orders of subordinate officers, after giving both parties a chance to be
heard.
● Summoning of Persons (Section 15A): Revenue officers can summon any
person whose attendance is necessary for a case. The summoned person must
appear personally or through a recognized agent or lawyer.
● Modes of Summons Service (Section 15B): A summons must be personally
served to the person concerned, or if that is not possible, to a recognized agent
or family member. If service cannot be made personally, the summons can be
posted at the person’s last known address.
o Personal Service: Ideally, the summons should be handed over directly
to the person concerned.
 o Service on Agent/Family Member: If the person is unavailable, the
summons can be delivered to a recognized agent or a family member.
o Service by Posting: If the above options are not possible, the summons
may be posted at the last known residence of the person.
o Service for Those Outside the District: If the person is not in the
district, the summons may be posted near the estate or land involved in
the case.
● Modes of Service of Notice/Order (Section 15C): Notices, orders, or
proclamations issued by revenue officers can be served in the same manner as
summons.
● Modes of Proclamation (Section 15D): Proclamations can be made by:
o Beating a drum (in rural areas).
o Posting notices in prominent places.
● Appearance Before Revenue Officers (Section 16): A person can appear
before a revenue officer:
o In person.
o Through a legal representative.
o Through a recognized agent.
● Place of Sitting (Section 17): Revenue officers perform their duties within the
local jurisdiction assigned to them.
● Holiday (Section 18): If an order or proceeding takes place on a holiday, it is
still considered valid.
● Retention of Powers on Transfer (Section 19): If a revenue officer is
transferred, they continue to exercise the powers granted to them in their
previous post until directed otherwise by the government.
● Power to Refer for Enquiry & Reporting (Section 19A): A revenue officer
can refer a case to a subordinate officer for enquiry and reporting, after which
they can decide the case based on the report.

Conclusion

The structure and powers of revenue officers ensure that the administration of land
and revenue in Jammu & Kashmir is carried out efficiently. These officers work under
a well-defined hierarchy, with powers distributed among them based on their rank and
jurisdiction. From distributing tasks to summoning witnesses, revising decisions, and
handling appeals, these officers play a crucial role in maintaining the revenue system
in the region. Their actions are guided by laws that ensure fairness and transparency in
revenue management.

(Q. 03) Records of Right and Annual Record (Sections 21-

34)
The Records of Right and Annual Record are crucial documents in land and revenue
administration. They help in maintaining accurate land records, which are essential for
determining ownership, rights, and liabilities associated with land. These records also
facilitate the transfer and mutation of land titles, ensuring clarity and transparency in
land transactions.

1. Record of Right (Section 21)

Under Section 21 of the Jammu & Kashmir Land Revenue Act, a Record of Right
must be maintained for each estate. This record includes several important documents:

1. Landholder Information: It lists the names of persons who are landholders,

tenants, or assignees of land revenue. It also includes those entitled to receive
rent, profit, or produce from the estate.
2. Details of Interest and Liabilities: The record specifies the nature and extent
of each person's interest in the estate, as well as any conditions or liabilities
attached to it.
3. Rent and Revenue Details: It contains information on the rent, land revenue,
cesses, or other payments due from the landholders or tenants.
4. Statement of Customs: It outlines the customary rights and liabilities specific
to the estate.
5. Estate Map: A map of the estate, showing boundaries, land divisions, and
other key features.
6. Other Prescribed Documents: Any additional documents prescribed by the
Financial Commissioner with the government's prior approval.

2. Special Revision of Record of Right (Section 22)

If the government determines that the existing Record of Right for an estate does not
exist or needs revision, they can direct the authorities to revise it for one or more
estates in a specified area. This revision process ensures that land records are up-to-
date and accurate.

3. Preparation of the Passbook (Section 22-A)

The Deputy Commissioner of the district is responsible for preparing a Passbook for
every landholder. This passbook contains the Record of Right and information on
agricultural holdings, transfers of rights, ration cards, subsidies, and liabilities. The
passbook can be used by the landholder for credit facilities and other related matters.
Some key provisions about the passbook are:

● The passbook is valid for a prescribed period.

● Entries regarding mutations or any changes in landholding must be made in the
passbook.
● If the passbook is not updated within one month, it loses its legal validity.
 ● The passbook carries evidentiary value and can be used as a certified copy of
the Record of Right for legal and financial matters, including loans.
● If there is an error in the passbook, the landholder can challenge it by applying
to the Deputy Commissioner.

4. Responsibility of the Competent Authority (Section 22B)

The competent authority is responsible for the accuracy and correctness of all entries
made in the passbook. It is their duty to ensure that the passbook reflects the true
status of land ownership and transactions.

5. Annual Record (Section 23)

The Annual Record is a document that the Collector, with the help of the Patwari
(village revenue officer), prepares every year for each estate. This record updates the
Record of Right and includes any new acquisitions, transfers, or changes in land
tenure. It may also be prepared at other intervals, as directed by the government.

6. Procedure for Making Records (Section 24)

Landholders who acquire rights in an estate (e.g., through inheritance, purchase,

mortgage, or gift) must report the acquisition to the Patwari. The Patwari then
records the information in a Mutation Register, and the revenue officer conducts an
enquiry to verify the correctness of these entries.

7. Annual Record Relating to Other Persons (Section 25)

For people other than the landholders (e.g., assignees or tenants), if they acquire rights
to land, these must be recorded by the Patwari. If the acquisition is undisputed, the
Patwari records it directly, but if disputed, the usual enquiry and documentation
procedures apply.

8. Determination of Disputes (Section 26)

In case of disputes during the preparation or revision of the Annual Record, the
revenue officer can conduct an enquiry. The officer will determine which entry is
valid, and their decision is subject to any decree or order passed by a civil court.

9. Restriction on Variation of Entries (Section 27)

No changes or variations to the entries in the Record of Right or Annual Record can
be made without the order of the government or another relevant authority. This
ensures that records are not altered arbitrarily and maintain their integrity.

10. Mutation Fees (Section 28)

The government may fix a fee for making entries in the Record of Right or the
Mutation Register. This fee is to be paid by the person requesting the entry.

11. Penalty for Failure to Report Acquisition (Section 29)

If a person fails to report the acquisition of land rights (as required under Section 24)
within three months, they can be fined up to five times the prescribed fee. This penalty
encourages landholders to update their records promptly.

12. Obligation to Furnish Information (Section 30)

Any person whose rights, interests, or liabilities are to be recorded in the Annual
Record is required to provide the necessary information for the preparation of that
record. This helps maintain the accuracy and completeness of land records.

13. Presumption in Favor of Entries in Records (Section 31)

Entries made in the Record of Right and Annual Record are presumed to be correct
unless proven otherwise. This provides a level of legal certainty and protection for
landholders relying on these records.

14. Suit for Declaratory Decree (Section 32)

If a person believes that they have been aggrieved by an entry in the Record of Right
or Annual Record, they can file a suit before the Collector or Deputy Collector to
have the entry corrected. The time limit for filing such suits is one year from the date
of the order for Record of Right, and two years for Annual Record in the frontier
areas of Gilgit and Ladakh.

15. Power to Make Rules Regarding Records (Section 33)

The government has the power to make rules related to the Record of Right and other
connected matters. These rules may cover:

● The language and script in which the records should be kept.

● The form and manner of preparation, signing, and attesting these records.
● Surveying procedures.
● Conduct of enquiries by revenue officers.

16. Records for Groups of Estates (Section 34)

The Financial Commissioner can direct that Records of Right be maintained for a
group of neighboring estates instead of separately for each estate. These records will
be referred to as the Group of Estate Records.
Conclusion

The Records of Right and Annual Record are essential components of the land
revenue system. They help maintain clear documentation of land ownership, transfers,
and liabilities. By ensuring accurate and updated records, these provisions provide
legal clarity and reduce the chances of disputes over land ownership. The passbook
system further aids in facilitating financial transactions and ensures that landholders
have a reliable document for various administrative purposes.

Arrears of Land Revenue

Collection of Arrears of Land Revenue (Sections 60-89 of the

Land Revenue Act, 1939)
The provisions for the collection of arrears of land revenue under Sections 60-89 of
the Land Revenue Act, 1939 lay down a comprehensive legal framework for
ensuring the recovery of land revenue dues. These sections outline various methods
and processes through which the government can recover land revenue arrears, as well
as the consequences of failing to pay.

Below is a detailed breakdown of the relevant sections:

1. Recovery of Land Revenue in Other Districts (Section 60)

If a person resides in a district other than the one where the land revenue is due, the
collector of the district where the revenue is due can send a certificate to the
collector of the district where the defaulter resides. This certificate will include:

● The name and other identifying details of the defaulter.

● The amount due and the relevant accounts.

The certificate is conclusive proof of the defaulter's liability for the arrears.

2. Process of Recovery of Arrears (Section 61)

Land revenue arrears may be recovered through several methods, including:

● Writ of demand served on the defaulter.

● Arrest and detention of the defaulter.
● Distress and sale of moveable property and crops.
● Transfer of holding to another person.
 ● Attachment of estate or holding.
● Annulment of the assessment of the estate.
● Sale of the estate.
● Proceedings against other immovable property.

Each method ensures the timely collection of dues and the enforcement of government
rights over land and property.

3. Writ of Demand (Section 62)

A writ of demand can be served on the defaulter on the day the arrear of land revenue
becomes due. The writ demands the payment of the arrear within a specified period.

4. Arrest and Detention of the Defaulter (Section 63)

If the defaulter fails to pay, the revenue officer may:

● Issue a warrant for the arrest of the defaulter.

● Confine the defaulter in a civil jail or, if unavailable, in the local judicial lock-
up for up to 6 days.
● The collector may extend the detention to one month if necessary.

Exceptions are made for certain categories of individuals, such as:

● Females, lunatics, minors, and idiots.

While detained, no other recovery processes will be enforced against the defaulter.
Additionally, police officers are required to assist revenue officers in executing these
orders.

5. Distress and Sale of Moveable Property and Crops (Section 64)

Revenue officers may:

● Order the sale of moveable property and uncut crops of the defaulter.
● The sale is carried out following the applicable laws for the attachment and sale
of moveable property.
6. Transfer of Holding (Section 65)

If arrears remain unpaid, the collector may transfer the holding (i.e., the land) to
another landholder with notice to the defaulter. The new holder will be responsible for
the arrears. However, the transfer is only valid until the original defaulter pays the
arrears.

7. Attachment of Estate or Holding (Section 66)

The collector has the authority to attach the estate or holding where the arrears are
due and may take it under his own management or appoint an agent for this purpose.

● This attachment can last up to 5 years.

● The collector must report the attachment to the divisional commissioner and
provide relevant details.

8. Annulment of the Assessment of Estate or Holding (Section 67)

If arrears have been due for more than a month, the divisional commissioner can
annul the assessment of the estate or holding, provided notice is given to the defaulter.

● The collector may manage the land or lease it to someone for up to 15 years
after annulment.
● This provides the government an alternative means of dealing with non-
payment and managing the property.

9. Consequences of Proclamation and Annulment (Section 68)

When an estate or holding is attached or its assessment annulled, a proclamation is

made, specifying that:

● Payments made to anyone other than the collector after the proclamation are
invalid.
● The collector is the only authority to receive payments post-proclamation.

10. Sale of Estate or Holding (Section 69)

The collector, with prior sanction from the divisional commissioner, can sell the
estate or holding to recover arrears.

However, the land cannot be sold to recover:

● Arrears due from minors, idiots, lunatics, or females.

● Arrears under Section 66 (attachment) or Section 67 (annulment).

11. Effect of Sale on Encumbrances (Section 70)

Once an estate is sold, it is sold free of any encumbrances. This means that any prior
mortgages, contracts, or other claims on the property are not enforceable against the
purchaser.

12. Proceedings Against Other Immovable Property of Defaulter (Section 71)

If the arrears cannot be recovered through the above methods, the collector may
proceed against the immovable property of the defaulter.

● A proclamation is made before taking action, and the collector may withdraw
it if the arrears are paid.

13. Remedies for Person Denying Liability for Arrear (Section 72)

If a person denies liability for the arrears, they may pay the dues under protest in
writing and subsequently file a suit in civil court to recover the amount paid. This
ensures that individuals have a remedy if they believe they are not liable.

14. Proclamation of Sale (Section 73)

Before an estate or holding is sold, the collector will issue a proclamation that
includes:

● The date, time, and place of the sale.

● Details about the property and any encumbrances or rights of occupancy.
● The amount to be recovered through the sale.
15. Indemnity to the Revenue Officer (Section 74)

Revenue officers are not liable for any errors, omissions, or misstatements in the
proclamation of sale, provided they acted in good faith and within their authority.

16. Publication of the Proclamation (Section 75)

A copy of the proclamation must be:

● Served to the defaulter.

● Posted in a conspicuous place at the Tehsildar’s office.
● Published in accordance with the Code of Civil Procedure, 1908.

17. Time and Conduct of Sale (Section 76)

The sale cannot be conducted on a Sunday or public holiday. Moreover, it cannot take
place until 30 days after the proclamation is made. The sale is to be conducted by
public auction.

18. Power to Postpone the Sale (Section 77)

The collector or a designated revenue officer may postpone the sale. If the sale is
postponed for more than 7 days, a new proclamation is required.

19. Stay on Sale (Section 78)

If the defaulter pays the arrears before the auction, the collector may stay the sale
after confirming the payment.

20. Payment of Deposit by Highest Bidder (Section 79)

The highest bidder must pay a 25% deposit of the bid amount immediately after the
auction. Failure to do so results in the sale being void, and the property is resold.

21. Consequences of Failure (Section 80)

If the highest bidder fails to pay the deposit, the sale will be re-auctioned and the
original bidder will be liable for the costs incurred during the first auction.

22. Time for Full Payment (Section 81)

The highest bidder must pay the full purchase amount within 15 days from the
auction date.

23. Procedure on Default of Full Payment (Section 82)

If the bidder fails to pay the full amount within 15 days, the property will be re-sold.
The defaulting bidder has no claim to the property, and the deposit is forfeited.

24. Report of Sale to Divisional Commissioner (Section 83)

Every sale of immovable property must be reported to the divisional commissioner

by the collector.

25. Application to Set Aside the Sale (Section 84)

An application can be made within 60 days to the divisional commissioner to set

aside the sale if there was a material irregularity in the auction process.

26. Order Confirming or Setting Aside the Sale (Section 85)

After 60 days, if no application is made or the application is rejected, the sale is

confirmed. If the application is allowed, the sale is set aside.

27. Refund of Purchase Money (Section 86)

If the sale is set aside,

the purchaser is entitled to a refund of the purchase money.

28. Proclamation After Postponement or Resale (Section 87)

If the sale is postponed or resold due to non-payment or cancellation, a new

proclamation must be issued for the resale.

29. Certificate to Purchaser (Section 88)

Once the sale is confirmed, the collector grants the purchaser a certificate of sale,
which is equivalent to a valid transfer of property without requiring registration.

30. Proceeds of Sale (Section 89)

The proceeds from the sale of property are used to recover the arrears of land revenue.
If there is any surplus, it is refunded to the defaulter. If the proceeds fall short, further
actions can be taken to recover the balance.

This detailed framework under the Land Revenue Act, 1939 ensures that the
collection of arrears is systematic, with safeguards for both the government and the
defaulter.

Partition under the Land Revenue Act, 1939 (Sections 104-

119)
The provisions related to partition, including the partition of Shamlat land, are
comprehensively laid out in Sections 104-119 of the Land Revenue Act, 1939. These
sections govern the division of land and tenancy among joint holders and co-sharers,
with provisions for handling disputes and ensuring the smooth process of partition.
Below is a detailed summary of each relevant section:

1. Effect of Partition on Estate and Tenancy (Section 104)

Upon the partition of land or tenancy, a new estate is created for each joint holder.
The liability for revenue and rent becomes separate for each of the new landholders
or tenants, meaning each holder is only responsible for their share of the revenue and
rent post-partition.
2. Application for Partition (Section 105)

Any joint holder of land or joint tenant of tenancy may apply to the Revenue
Officer for the partition of their share in the land or tenancy. This initiates the formal
process of partition under the Act.

3. Restrictions and Limitations on Partition (Section 106)

The Revenue Officer can refuse the partition of certain types of property where
partition might cause inconvenience to co-sharers or other parties. The restricted
properties include:

● Embankments, watercourses, wells, tanks, or land essential for the supply of

water.
● Grazing grounds.
● Land used as the site of a town or village.

Partition of such properties can be refused if it disrupts their utility or creates

complications for other parties.

4. Notice of the Application for Partition (Section 107)

Once an application for partition is received, the Revenue Officer fixes a date for the
hearing of the application. If no objections are raised, the officer issues a notice to the
co-sharers to inform them about the proceedings.

5. Addition of Parties to the Application (Section 108)

If required, the Revenue Officer has the authority to add additional parties to the
partition application. This ensures that all stakeholders are included in the process.

6. Absolute Disallowance of the Partition (Section 109)

The Revenue Officer has the discretion to reject the partition application if there is a
sufficient cause to do so after reviewing the case and hearing from the co-sharers or
other interested parties.
7. Procedure on Objection Regarding Private Partition (Section 110)

If any co-sharer claims that the land or tenancy has already been privately
partitioned, the Revenue Officer will examine the claim and either:

● Affirm the private partition, or

● Reject the partition application under Section 105.

8. Procedure on Admission of the Application (Section 111)

If the application is accepted, the Revenue Officer initiates proceedings and examines
the disputes, including:

● Title of the property.

● The mode of making the partition.

9. Objections Involving Title (Section 111-A)

If any co-sharer raises a question of title that has not been previously settled by a
court, the Revenue Officer can:

● Postpone the partition until the title issue is resolved by the competent court.
● Order the party to file a suit in the appropriate court within 3 months.

10. Collector’s Decree Equivalent to Civil Court Decree (Section 112)

Any decree passed by the Revenue Officer in the partition case is treated as
equivalent to a civil court decree. Such a decree is subject to appeal before the
District Judge or High Court.

11. Stay of Partition on Appeal (Section 112-A)

If an appeal is filed against a decree from the Revenue Officer or a civil court, the
execution of the partition order is stayed until the appeal is resolved.

12. Disposal of Other Questions (Section 113)

In case of disputes regarding the mode of partition, the Revenue Officer is
responsible for resolving such issues and determining the appropriate process for
partition.

13. Administration of Property Excluded from Partition (Section 114)

If certain property is excluded from the partition (under Section 106), the Revenue
Officer determines the interest of the co-sharers in the property. The officer may then
divide any profits generated from the property among the co-sharers according to
their respective interests.

14. Distribution of Revenue and Rent After Partition (Section 115)

After the partition, the Revenue Officer determines how the revenue and rent will be
apportioned among the newly created holdings. Each landholder will be responsible
for the proportionate share of the revenue corresponding to their newly allotted land.

15. Instrument of Partition (Section 116)

Once the partition is completed, the Revenue Officer prepares an instrument of

partition and ensures the partition is recorded in the revenue records. This document
serves as the official record of the partition.

16. Delivery of Possession of Property Allotted on Partition (Section 117)

After the partition order is finalized, the Revenue Officer ensures the delivery of
possession of the allotted property to each party. If any party claims that they have not
received separate possession, they can apply to the Revenue Officer. Any such
application must be made within 3 years from the preparation of the partition
instrument.

17. Affirmation of Partition Privately Effected (Section 118)

If a partition has been made privately (without the intervention of the Revenue
Officer), any of the parties involved may apply to the Assistant Collector of the 1st
Class for an order to affirm the partition. The Assistant Collector will then inquire
into the matter and may affirm the partition if it meets the necessary legal
requirements.

18. Partition of Shamlat Lands (Section 118-A)

According to Section 118-A, no partition of Shamlat land can take place if the land
is recorded as Shamlat land under the provisions of the Land Revenue Act.
Shamlat lands typically refer to common lands shared by villagers, and their partition
is restricted to preserve their communal utility.

19. Power to Make Rules as to the Cost of Partition (Section 119)

The government has the authority to make rules regarding:

● The costs associated with partition.

● Forms to be used in partition proceedings.
● Fees and stamp duties applicable to the partition process.
● Any other rules necessary for the effective implementation of the partition
provisions.

20. Proceedings (Section 119-A)

All partition proceedings under this chapter must be conducted by a Revenue Officer
not below the rank of Assistant Collector of 1st Class. This ensures that the
proceedings are handled by officers with appropriate authority and experience.

Summary of Key Points:

● Partition of estate: Creates new estates and separate revenue liabilities for
each holder.
● Application process: Joint holders or tenants may apply for partition.
● Restrictions on partition: Certain types of land cannot be partitioned (e.g.,
watercourses, grazing land, village sites).
● Procedure for objections: Co-sharers can object, and the Revenue Officer
may add parties or refuse the partition based on good cause.
● Private partition: Can be affirmed by the Assistant Collector if it meets the
necessary criteria.
 ● Shamlat land: Cannot be partitioned if it is recorded as Shamlat land.
● Rules and procedures: The government may make rules on the cost, forms,
and other details related to the partition process.

This framework provides a systematic and legally sound process for partitioning land
or tenancy, while also ensuring that specific land types that are vital for community
purposes are protected from unnecessary division.