Dr. D. Y.

Patil Institute of Technology, Pimpri-18

Department of Civil Engineering

S.E (2024 Pattern)- Open Elective I

“Maharashtra Land Laws”

PRESENTED BY

Dr. Gauri Patil

Academic Year 2025-26
Semester - I
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Unit II-The Maharashtra Tenancy and Agricultural Lands Act, 1948-
Holding and Use of land, Tenancies and Parties: ( 07 Hours )

 Historical background, object and application of the Act,

 Concepts- Deemed tenants, Protected tenants, Ceiling area, Economic
Holding, Irrigated land, Maximum and minimum rent, Certificated
Landlord, General provisions regarding tenancies,
 Termination of tenancies by parties–
 a) Personal cultivation, non-agricultural use, by certificated landlord, on
default, Surrender.
 b) Relief against termination Termination of tenancy by operation of law,
 Tiller’s day , Purchase of land by tenants,
 24 procedure for purchase , Right of tenant to exchange land,
 Management of estates, Collector, Mam latdar and Tribunal- powers and
functions, Jurisdiction and bar of jurisdiction, Appeals and Revision 2
 TILLER

A tiller is simply a person who cultivates or works the land.

In the agricultural context:

It usually means a farmer or tenant who physically ploughs, sows, and
harvests crops.
In land reform laws like in Maharashtra, tiller refers specifically to the actual
cultivator, not the absentee landlord who owns the land but doesn’t farm it.

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 1. Historical Background

 Before 1948, most agricultural lands in Maharashtra (then part of Bombay Province)
worked under exploitative tenancy conditions.
 Tenants often faced insecure possession, high rents, and arbitrary evictions.
 After independence in 1947, the government aimed to protect actual tillers of the land,
abolish intermediaries, and promote equitable distribution.
 The Bombay Tenancy Act of 1939 was the first step, later amended in 1948, resulting in
the Bombay Tenancy and Agricultural Lands Act, 1948.
 When Maharashtra was formed in 1960, it became known as the Maharashtra Tenancy
and Agricultural Lands Act, 1948.
 Objective of Reform:To ensure "land to the tiller" and prevent exploitation of tenants by
giving them ownership rights under certain conditions.

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 2. Object of the Act
The primary aims are:

 Security of Tenure: Prevent eviction of tenants except in legally allowed cases.

 Fair Rent Regulation: Fix maximum rent payable by tenants to landlords.
 Ownership Rights: Allow tenants to purchase the land they cultivate under specified
conditions (e.g., the 1 April 1957 “Tillers’ Day” provision).
 Prevention of Fragmentation: Avoid uneconomical division of land holdings.
 Promote Efficient Use: Ensure agricultural land is used for cultivation and related
purposes, not left fallow or diverted without permission.
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 3. Application of the Act

Applies to agricultural lands in Maharashtra.

Governs:
•Rights and liabilities of landlords and tenants.
•Conditions for leasing agricultural land.
•Rules for purchase, transfer, and surrender of tenancy.
•Regulation of use and holding size limits.

Does not apply to:

•Non-agricultural land.
•Lands belonging to certain government institutions or specified categories
exempted by the Act.

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 4. Deemed tenant
A deemed tenant is a person who, although not having a formal tenancy
agreement, is considered a tenant by law because they are lawfully cultivating
another person’s land which is not personally cultivated by the owner, and they are
not a family member, hired labourer, servant, or mortgagee in possession.

This legal status is given to protect cultivators who might otherwise be vulnerable to
eviction & in special circumstances—such as when the landowner is a widow,
minor, disabled person, or serving in the armed forces—or in certain districts like
Ratnagiri and Sindhudurg where a person has cultivated the land for at least twelve
years with supporting evidence, the cultivator is also recognised as a deemed
tenant.

 Such tenants enjoy legal rights to continue cultivation and, in many cases, to
purchase the land under specific conditions.
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 5. Protected tenant

 A protected tenant, on the other hand, is a tenant whose rights have been
formally recognised under earlier tenancy laws, particularly the Bombay Tenancy
Act of 1939, and whose status has been carried forward into the Maharashtra
Tenancy and Agricultural Lands Act, 1948.

 Protected tenants enjoy stronger and more secure rights than ordinary or deemed
tenants; their tenancy is often hereditary, they cannot be evicted except on very
limited legal grounds, and they have a preferential right to purchase the land they
cultivate.

 This category was created to safeguard long-standing tenants from exploitation

and to provide them with almost ownership-like security over the land.

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Aspect Deemed Tenant Protected Tenant
By law, if cultivating under
By historical recognition
How status is acquired certain conditions, even
under earlier tenancy laws
without formal agreement
Security of tenure + right to Stronger, hereditary rights
Rights purchase under certain + greater eviction
conditions protection
Status depends on current Long-standing, almost
Permanence
situation permanent status
Derived from Bombay
Defined under Section 4 of
Origin Tenancy Act, 1939, and
the 1948 Act
carried forward
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 6. Ceiling area
The ceiling area means the maximum amount of agricultural land that a person (or family unit) is legally
allowed to own or hold under the law.

 The Maharashtra Tenancy and Agricultural Lands Act, 1948 sets limits on how much agricultural land a
person can legally hold, which is called the ceiling area.
 The purpose of fixing a ceiling is to prevent excessive concentration of land in the hands of a few and to
promote fair distribution among cultivators.
 Under this provision, the ceiling depends on the type of land. For dry crop land (jirayat land), the maximum
is 48 acres; for seasonally irrigated land or land used for paddy or rice cultivation, the maximum is 24 acres;
and for perennially irrigated land, the maximum is 12 acres.
 If a person holds a combination of different types of land, the Act provides a conversion method for
calculation — one acre of perennially irrigated land is treated as equal to two acres of seasonally irrigated or
paddy land, or four acres of jirayat land.
 Additionally, while calculating the ceiling, warkas land (uncultivable or wasteland) is excluded. This
classification ensures that landholding limits are applied fairly, taking into account the productivity of
different types of land.
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 7. Economic holding
Economic holding means the minimum size of agricultural land that is considered
sufficient to support a cultivator and their family through farming alone.

Section 6 fixes this size depending on the type of land:

16 acres for dry crop land (jirayat land),
8 acres for seasonally irrigated or paddy/rice land, and
4 acres for perennially irrigated land.

If a holding is made up of different types of land, the Act applies the same conversion
method used for ceiling area in Section 5 — where one acre of perennially irrigated land
equals two acres of seasonally irrigated or paddy land, or four acres of jirayat land.
 Also, warkas land (wasteland or non-cultivable land) is excluded when calculating the
economic holding.
In simple terms, economic holding is not about the maximum land a person can own
(that’s the ceiling area) but rather the optimum minimum land needed for a farmer to make a
decent living from agriculture. 11
8. Irrigated land
 The Maharashtra Tenancy and Agricultural Lands Act, 1948 defines what is meant by
irrigated land for the purposes of the Act.
 It states that irrigated land, whether it is perennially irrigated (water available year-round)
or seasonally irrigated (water available only during part of the year), does not include
land irrigated by sources other than canals or bundharas as defined in the Bombay
Irrigation Act, 1879, or by any lift irrigation system built or maintained by the State
Government.
 In other words, for land to be treated as “irrigated” under this Act, the irrigation source
must be a government-recognised canal, bundhara (weir), or state-run lift irrigation
system.
 The section also clarifies that seasonally irrigated land includes alluvial land—that is,
fertile soil deposited by rivers—as well as land located in a riverbed that gets seasonally
flooded by the river’s water.
 Essentially, this definition ensures that only land with reliable, government-recognised
irrigation sources is classified as irrigated for legal calculations like ceiling area or
economic holding. 12
9. Power of Government to vary ceiling area and
economic holding.

The Maharashtra Tenancy and Agricultural Lands Act, 1948 gives the State Government the authority
to change the fixed limits of ceiling area or economic holding mentioned in Sections 5 and 6 if it
considers it necessary in the public interest.

 This means that, through a notification published in the Official Gazette, the government can
increase or decrease the maximum landholding (ceiling area) or the standard minimum viable
holding (economic holding) set under the Act.

 While doing so, it must take into account various factors such as the location of the land, its
productive capacity, whether the land lies in a backward area, and any other factors that may be
prescribed by rules.

 In simple terms, this section allows the government to adjust landholding limits to suit local
conditions and socio-economic needs, rather than keeping them fixed for the entire state.
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10. Rent and its maximum and minimum.

Section 8 of The Maharashtra Tenancy and Agricultural Lands Act, 1948 lays down the rules
for rent payable by tenants, along with its maximum and minimum limits.

 It provides that, despite any previous law, custom, usage, private agreement, or even a
court decree, the rent must always be paid annually and in cash.

 The law fixes a limit so that the rent cannot be more than five times the land revenue
assessment for the land or ₹20 per acre, whichever amount is less.

 It also ensures that the rent cannot be less than twice the assessment. There is a proviso
that if twice the assessment is more than ₹20 per acre, then the rent will be exactly twice
the assessment.

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 For the purpose of this section, the word “assessment” refers to the official land revenue
assessment fixed under the relevant provisions of the Bombay Land Revenue Code, 1879,
the Land Revenue Rules, 1921, the Bombay Merged Territories and Areas (Jagirs
Abolition) Act, 1953, or as fixed by the State Government where the assessment is payable
in the form of crop share.
 The section further clarifies that if an existing arrangement—by custom, agreement, or
court order—provides for a rent lower than the maximum or minimum prescribed, then
that lower amount will continue to be the rent payable. Additionally, in cases where the
land is partially or fully exempt from paying land revenue, the full notional assessment (as
if no exemption existed) will be taken into account when applying these rent limits.
 In essence, this section aims to standardise rent payments, protect tenants from excessive
charges, and link the rent to the official assessment of the land’s value.

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11. Termination of tenancies by parties– a) Personal cultivation, non-
agricultural use, by certificated landlord, on default, Surrender .

1. Who can use this right: Any landlord (not being a landlord under
Chapter III-AA)

•Conditions:
Must give written notice stating the purpose
Notice must be served on tenant on or before 31 December, 1956
(for original tillers’ day termination — dates no longer apply in present
form, but process remains)
Copy of notice to be sent to Mamlatdar
Application for possession under Section 29 must be made within the
prescribed time
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•Permitted purposes:
(a) Bona fide personal cultivation
(b) Bona fide non-agricultural purpose
•Special provision for minors, widows, disabled landlords: They get
extended time limits after disability ceases.
Section 31A–31D – Additional conditions:
•Landlord must have no other land, or less than ceiling area, and
cultivation must be main source of livelihood
•Cannot leave tenant with less than half his original holding or create a
fragment
•Once some land is left with the tenant after termination, that portion
cannot later be resumed for personal cultivation.
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 2. Termination by a Certificated Landlord

Certified landlord: A landlord holding a certificate under Section 88C, usually a small
landholder with limited income.

•Grounds for termination:

Bona fide requirement for personal cultivation
•Conditions:
Must apply within one year from “specified date” or from date of certificate issue
Must satisfy the income and holding limits
Tenant must be left with at least half of his original holding and not less than an
economic holding
Procedure: Similar to Section 31 (notice, application to Mamlatdar, inquiry).

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B) Termination on Default
Section 14 – Termination for tenant’s default or breach
•Grounds include:
1.Non-payment of rent before 31 May of revenue year
2.Act destructive or permanently injurious to land
3.Sub-division, sub-letting, or assignment in contravention of Section 27
4.Failure to cultivate personally
5.Use for non-agricultural or non-allied purposes without permission
•Requires three months’ written notice specifying ground and giving opportunity to remedy.
Section 25 – Relief against termination for non-payment of rent
•Tenant can save tenancy by paying arrears + costs within 3 months of Mamlatdar’s order (or 1
year in special calamity cases).

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C) Termination by Surrender
Section 15 – Surrender of tenancy by tenant
•Tenant may surrender tenancy in writing
•Must be verified before Mamlatdar in prescribed manner
•Mamlatdar will decide how much land landlord can retain (like in Section 31)
•Land not retained must be disposed of as per Section 32P .

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 Procedure for Termination of Tenancy

Landlord seeks termination of tenancy because the tenant has used agricultural land for a
non-agricultural purpose without obtaining permission from the Collector,

1. Receipt of Application
Landlord must apply to the Mamlatdar for termination and possession on lawful
grounds.Application should clearly state:Tenant’s details,Land description,Nature of
unauthorised non-agricultural use and Evidence of absence of Collector’s permission.

2. Issuing Notice to Tenant

Mamlatdar issues a written notice to the tenant to appear and show cause. Serve through
process prescribed in the Code (e.g., Sections 228–230 MLR Code for service of
notice).

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3. Verification of Facts
Examine whether:The land was held for agricultural purposes under tenancy,The tenant
converted it to non-agricultural use,Permission under Section 42 MLR Code was not
obtained.Check land records (ROR, mutation register) and inspection reports.

4. Opportunity of Hearing
Conduct hearing under Section 236 MLR Code (formal inquiry procedure).Allow both
landlord and tenant to present evidence, documents, and witnesses.

5. Application of Law
Section 14(1)(k) of the Tenancy Act – Tenancy may be terminated if tenant uses land for
a purpos e other than agriculture without landlord’s consent and Collector’s permission.
Section 45 MLR Code – Provides for penalty for unauthorised use without permission.
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6. Decision
If violation proved:
Terminate the tenancy under Section 29.
Order the tenant to surrender possession to the landlord.
Impose penalty for unauthorised non-agricultural use under MLR Code.
If tenant proves permission was obtained or use was lawful, reject the landlord’s
application.
7. Recording and Communication
Prepare a written order with reasons (as per Section 235 MLR Code).
Communicate the decision to both parties.
Inform them of the right to appeal to the Sub-Divisional Officer / Revenue Tribunal
under Section 247 MLR Code.

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 Relief against termination

 Relief against termination under Section 25 of The Maharashtra Tenancy and Agricultural Lands
Act, 1948 is a safeguard for tenants whose tenancy has been terminated on the ground of non-
payment of rent.
 When a landlord files proceedings before the Mamlatdar for eviction on this ground, the Mamlatdar
must first give the tenant an opportunity to retain possession by directing them to pay all arrears of
rent along with the costs of the proceedings.
 The tenant is ordinarily given three months from the date of the Mamlatdar’s order to make this
payment, but if the Mamlatdar is satisfied that the default was due to total or partial crop failure or a
similar calamity, the period may be extended up to one year.
 If the tenant pays the arrears and costs within the allowed time, the tenancy is deemed never to
have been terminated. However, this relief is not available where the tenant has failed to pay rent
for any three years and the landlord has informed the tenant of each such default within three
months of its occurrence.
 This provision ensures that tenants are protected from eviction for temporary financial difficulties,
while still safeguarding the landlord’s right to recover rent.
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 Termination of tenancy by operation of law
Termination of tenancy by operation of law under The Maharashtra Tenancy
and Agricultural Lands Act, 1948 refers to situations where the tenancy automatically
comes to an end due to certain statutory provisions, without the need for a landlord’s
notice or court/Mamlatdar’s order.
A major example is found in Section 32 — Tenants deemed to have purchased
land on “Tillers’ Day”. On 1 April 1957 (Tillers’ Day), every tenant, subject to certain
conditions and exceptions, is deemed to have purchased the land they cultivate from
their landlord.
Once this statutory purchase takes effect, the relationship of landlord and tenant
ceases by operation of law, as the tenant becomes the owner of the land.
Similarly, under provisions like Section 32G to 32P (purchase procedure and
failure to purchase) and Section

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 33B to 33D (certified landlord resumption), the tenancy may terminate
automatically upon the happening of certain events laid down in the Act. For
example:When a tenant is deemed to have purchased the land and the purchase
price is fixed and paid, the tenancy ends.

 If a tenant is not entitled to purchase under the exceptions in Sections 88C or 88D,
the tenancy may terminate and the land may revert to the landlord.

 In all such cases, there is no “voluntary” act of either party; the tenancy ends
because the statute itself mandates it upon the occurrence of specific conditions.

 This is distinct from termination by notice (Sections 14, 31, 33B) or surrender
(Section 15), where an active step by a party is necessary.
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 Certificated Landlord
A certificated landlord is defined in Section 2(5A) as a landlord holding a certificate issued
under Section 88C.

Purpose of Certificate

•Section 88C is meant to protect small landholders whose total annual income (including rent
from land) does not exceed the prescribed limit and whose total holding does not exceed an
economic holding.

•The certificate allows such landlords special rights to resume land for personal cultivation
under Chapter III-AA (Sections 33B–33D), even after the general “Tillers’ Day” purchase
provisions.

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Key Features

•Issued by the Mamlatdar or competent authority after inquiry.

•Certifies that:
1.The landlord’s income is within the prescribed ceiling (currently ₹1,500 per year as per
earlier rules; may be revised).
2.The total land held does not exceed an economic holding.
•With this certificate, the landlord can terminate the tenancy and resume land for personal
cultivation within one year from the specified date or the date of certificate, whichever is
later.
•Tenant must be left with at least half of his original holding and not less than an economic
holding.

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2. General Provisions Regarding Tenancies
Important Points:
Deemed tenants (Section 4): Persons lawfully cultivating another’s land are deemed tenants unless
they are family members, servants, or mortgagees in possession.
Protected tenants (Section 4A): Recognised under earlier tenancy laws; enjoy additional security
from eviction.
Ceiling area & economic holding (Sections 5–6): Limits on how much land can be held or
resumed.
Rent control (Sections 8–10): Maximum and minimum rent fixed; procedure for Mamlatdar to fix
rates; refund and penalties for overcharging.
Protection from arbitrary termination (Sections 14–16): Tenancy can only be ended on specific
legal grounds with due notice.
Relief against termination (Section 25): Tenants can save tenancy by paying arrears within the
given period.
Restrictions on sub-letting and transfer (Section 27): Prevents fragmentation and unauthorised
transfer of tenancy rights.
Procedure for possession (Section 29): Landlord must apply to Mamlatdar; cannot take possession
directly. 29
Note on Tiller’s Day

 Tiller’s Day refers to 1 April 1957 under The Maharashtra Tenancy and
Agricultural Lands Act, 1948. On this historic date, the Act provided that every
tenant lawfully cultivating agricultural land would be deemed to have purchased
that land from the landlord, subject to certain conditions and exceptions.
 This legal provision transferred ownership from the landlord to the tenant by
operation of law, without requiring a separate sale agreement.
 The main objective of Tiller’s Day was to implement the principle of “land to the
tiller,” ensuring that those who actually worked on the land became its owners,
thus eliminating the intermediary landlord–tenant system. However, certain
categories of landlords, such as certificated landlords, minors, widows, and
persons with disabilities, were given special protection, and for them the date of
purchase was postponed under Section 32F.

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 The transfer of ownership became effective after the Mamlatdar conducted an
inquiry (Section 32G) to confirm eligibility, fixed the purchase price (Section 32H),
and the tenant paid the price in lump sum or instalments (Section 32K).

 Once payment was complete, the tenant became the full owner of the land, and
the tenancy ceased.

 Tiller’s Day is thus a landmark in Maharashtra’s agrarian reform, aimed at

providing social justice to cultivators and improving agricultural productivity by
giving them secure ownership rights.

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Purchase of Land by Tenants – Sections 32 & 32F

 Under The Maharashtra Tenancy and Agricultural Lands Act, 1948, Section 32
introduced the concept of Tiller’s Day (1 April 1957), on which every tenant lawfully
cultivating land was deemed to have purchased it from the landlord, subject to
certain conditions.

 This deemed purchase applies when the tenant is cultivating personally, is not
disqualified under the Act, and the land is not exempt under special provisions like
Section 88C.

 Once the tenant is deemed to have purchased the land, the Mamlatdar holds an
inquiry, fixes the purchase price, and the tenant gains ownership after payment.

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Section 32F deals with postponement of the purchase date for special categories of landlords, such
as:

Minor landlords (purchase date postponed until one year after they attain majority)
Widow landlords (purchase date postponed until one year after the widow’s interest ends)
Landlords with physical or mental disability (purchase date postponed until one year after
disability ceases)
Certificated landlords under Section 88C (purchase postponed as per special provisions)

In such cases, the tenant’s deemed purchase does not take place on Tiller’s Day itself, but on the
postponed date specified under Section 32F. The same inquiry, price fixation, and payment procedure
applies after the postponed date.

These sections ensure that while the principle of “land to the tiller” is implemented, vulnerable
landlords receive temporary protection before their tenants can become owners.

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 Procedure for Purchase of Land by Tenants
 Initiation of Inquiry (Section 32G)
On Tiller’s Day or the postponed date (under Section 32F), the Mamlatdar issues a public notice and calls
the landlord and tenant. An inquiry is conducted to decide whether the tenant is deemed to have purchased
the land.
 Fixation of Purchase Price (Section 32H)
If the tenant is eligible, the Mamlatdar fixes the purchase price based on a multiple of the rent, considering
land type, assessment, and other factors.
 Payment Terms (Section 32K)
The tenant can pay the price in a lump sum or in instalments (up to 12 years) with interest.The payment
schedule is set in the Mamlatdar’s order.
 Issue of Ownership Certificate (Section 32M)
After full payment, the tenant is declared the owner, and an ownership certificate is issued.The tenancy
ends, and the landlord–tenant relationship ceases.
 Failure to Pay (Section 32P)
If the tenant fails to pay instalments as per the order, the land is forfeited.The Collector disposes of such
land, giving priority to other tenants, co-operative societies, or landless labourers, as per the Act’s scheme.

In short: The process moves from inquiry → fixing price → payment (lump sum or instalments) → ownership
transfer, with forfeiture provisions if payment fails. 34
 Right of tenant to exchange land,

Under The Maharashtra Tenancy and Agricultural Lands Act, 1948, the right of a tenant to exchange
land is provided to improve cultivation efficiency and consolidate holdings. With the previous
permission of the landlord and the sanction of the Mamlatdar, a tenant may exchange the whole
or part of his leased land with land belonging to another tenant.

The key points are:

The exchange must be mutually agreed between the tenants concerned.
Written consent of the landlord is required.
The Mamlatdar’s sanction is mandatory to ensure the exchange is genuine and does not
adversely affect agricultural operations, land revenue, or tenancy rights.
After the exchange, the new arrangements are recorded in the Record of Rights and both
tenants continue to hold their new lands as tenants under the same terms and protections as
before.
This provision helps in preventing fragmentation, achieving better land management, and
ensuring that both landlord and tenants’ rights are safeguarded.

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 Management of Estates
 Management of Estates under The Maharashtra Tenancy and Agricultural Lands Act, 1948 is a
provision that allows the State Government to take over the management of agricultural lands or
estates in specific circumstances, mainly to protect tenants and ensure proper cultivation.

 If the Government finds that an estate is being mismanaged, neglected, cultivated improperly, or
managed in a way that causes hardship to tenants, or if the landlord is a minor, physically or
mentally disabled, or otherwise incapable of managing the property, it may appoint a Manager to
assume control.

 The Manager, acting under the supervision of the Collector, performs the duties of the landlord,
including maintaining the land, protecting tenants from unlawful eviction, collecting lawful rent, and
keeping proper accounts.

 This management continues until the Government is satisfied that the reasons for intervention have
ceased, after which control is restored to the landlord. Throughout the period of management,
tenants retain all protections granted by the Act, and no tenancy can be terminated except in
accordance with its provisions. 36
 Collector, Mamlatdar and Tribunal – Powers and
Functions
1. Mamlatdar

Powers:
Summon witnesses, take evidence on oath, and call for records.
Inspect land and conduct local inquiries.
Issue orders for possession and enforcement.

Functions:
Decide disputes on deemed purchase by tenants (Section 32G).
Fix purchase price of land (Section 32H).
Verify surrender of tenancy (Section 15).
Hear termination and possession applications (Sections 29, 31, 33B).
Grant relief against termination (Section 25).
Inquire into and issue certificates under Section 88C.

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2. Collector

Powers:
Act as appellate authority over Mamlatdar’s orders.
Exercise revisional jurisdiction in certain cases.
Take over management of estates when required.
Dispose of forfeited land under Section 32P.

Functions:
Ensure implementation of tenancy reforms.
Supervise work of Mamlatdars in tenancy matters.
Grant approvals or sanctions where the Act requires Collector’s consent.

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3. Tribunal

Powers:
Hear appeals against orders of Mamlatdar or Collector where provided.
Call for and examine records in revision.
Confirm, modify, or set aside lower authority’s orders.

Functions:
Provide a final fact-finding forum in tenancy disputes.
Ensure legal compliance and fair application of the Act.
Maintain uniformity in interpretation of tenancy law.
If you want, I can also make a one-page chart comparing the powers and functions of all
three authorities side-by-side for quick reference. That would make it very easy to study and
remember.

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Jurisdiction and Bar of Jurisdiction, Appeals, and
Revision
1. Jurisdiction
The Act confers exclusive authority to certain revenue officers and the Maharashtra Revenue Tribunal to
deal with tenancy matters.
Mamlatdar is the primary authority for deciding tenancy issues like deemed purchase, fixation of purchase
price, surrender verification, termination, possession, and landlord’s certificate.
Collector hears appeals from certain Mamlatdar orders, supervises tenancy administration, and exercises
powers for land forfeiture and management of estates.
Maharashtra Revenue Tribunal hears second appeals and revisions, ensuring uniform application of
tenancy laws
.2. Bar of Jurisdiction
Civil courts cannot entertain suits or proceedings for matters that the Act requires to be decided by the
Mamlatdar, Collector, or Tribunal.
This is provided to:
Avoid conflicting judgments,
Ensure speedy resolution by specialised authorities, and
Maintain consistency in applying tenancy law.
Example: A dispute about whether a person is a tenant can only be decided by the Mamlatdar, not
by a civil court.
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3. Appeals
First Appeal:
Orders of the Mamlatdar can be appealed before the Collector within the prescribed period (usually 60
days).
Second Appeal:
Certain orders of the Collector can be appealed before the Maharashtra Revenue Tribunal.Appeals are heard
by examining both facts and law, and the appellate authority may confirm, modify, or set aside the lower
authority’s order.

4. Revision
A higher authority (Collector or Tribunal) may call for and examine the record of any case decided by a lower
authority to ensure:
Correctness of the decision,
Proper exercise of jurisdiction, and
Absence of legal errors.
Revision can be taken up even if no appeal has been filed, provided there is an apparent illegality or impropriety.
If you want, I can now create a small table summarising Jurisdiction → Bar of Jurisdiction → Appeals → Revision
in one view for quick memorisation. This is useful for exam-oriented notes.
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 Aspect Meaning Key Provisions / Points Authority Involved

Powers given to Mamlatdar, Collector,

Legal authority to and Maharashtra Revenue Tribunal
Mamlatdar → Collector →
Jurisdiction decide tenancy matters for specific cases (e.g., deemed
Tribunal
under the Act purchase, price fixation, termination,
possession)

Civil courts cannot

Prevents conflicting judgments, Civil Courts barred where
Bar of decide matters
ensures speedy & specialised Mamlatdar/Collector/Tribuna
Jurisdiction assigned to tenancy
decisions l has power
authorities

Right to challenge a Mamlatdar’s order → appeal to

lower authority’s Collector; certain Collector’s orders →
Appeals decision before a higher appeal to MRT; must be filed within
Collector, MRT
one limitation period

Higher authority reviews Can be done even without an appeal;

Revision record to ensure legality used to correct jurisdictional errors or Collector, MRT
and propriety legal mistakes 42
Certificated Landlord

 Under The Maharashtra Tenancy and Agricultural Lands Act, 1948, a certificated
landlord is defined in Section 2(5A) as a landlord who holds a certificate issued under
Section 88C. This certificate is granted by the Mamlatdar after inquiry, if the landlord’s
total annual income (including rent from land) does not exceed the prescribed limit and
the total landholding does not exceed an economic holding.

 The main benefit of holding this certificate is that such landlords get special rights under
Chapter III-AA (Sections 33B–33D) to terminate a tenancy and resume land for personal
cultivation, even after the general “Tillers’ Day” provisions. However, these rights are
subject to conditions—such as leaving the tenant with at least half of their holding and
not less than an economic holding—and must be exercised within one year of the
specified date or from the date of obtaining the certificate.

43
General Provisions Regarding Tenancies

 These provisions, mainly in Chapter II of the Act (Sections 4–30), lay down the
fundamental rules governing landlord–tenant relationships in agricultural land.
 They include recognition of deemed tenants (Section 4), who are persons lawfully
cultivating another’s land unless they fall into excluded categories like family members or
servants; control over rent with maximum and minimum limits; security of tenure by
restricting termination only to legally specified grounds; procedure for surrender of
tenancy with verification by the Mamlatdar; relief against termination for tenants who
clear arrears; and restrictions on sub-letting or transferring tenancy rights to prevent
fragmentation and misuse.
 The provisions also mandate that any resumption of land by the landlord must be done
through lawful procedure (Section 29), and direct possession without following due
process is prohibited. These rules ensure fair protection to tenants while safeguarding the
rights of landlords within statutory limits.
44
Thank You

Department of Civil Engineering Dr. D. Y. Patil Institute

engg.dypvp.edu.in | 45
of Technology, Pimpri, Pune