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DR.

SHAKUNTALA MISRA NATIONAL

REHABILITATION UNIVERSITY, LUCKNOW

FACULTY OF LAW

PROJECT- ON

“ TENURE HOLDER ”

SUBMITTED TO

GULAB RAI

ASSISTANT PROFFESOR

FACULTY OF LAW

D.S.M.N.R.U

SUBMITTED BY

ADITYA SINGH

B.COM.LL.B(HONS)

IX SEMESTER

Acknowledgement:
I Aditya singh would like to express my deep gratitude to Prof. Gulab Rai for giving me
valuable input on the topic, which had made me competent enough to prepare my project.
INTRODUCTION
"Tenant" means a persons holding land from a Bhumidhar as an occupancy tenant under Chapter
XlV.1 The definition of the word 'tenant' in this clause is exhaustive. The first condition for a
person to be tenant under this clause is that he should hold land from Bhumidhar. Further, it is
provided that the person holding land from a Bhumidhar , should hold it as an occupancy tenant
under Chapter XIV .of this-Code.2 A tenant is by the definition a person who holds land as an
occupancy tenant from a Bhumidhar; but the status of a Bhumidhar is recognized for the first
time by the Code and an occupancy tenant from a Bhumidhar would mean only a person
belonging to that class who acquires rights of occupancy tenant after the Code comes into force.
The position of a tenant prior to the date on which the Code was brought into force does not
appear to have been dealt within this definition. The definition which is specially devised for the
purpose of the Code throws no light on the nature of the right which invests the holder of land
with the status of an occupancy tenant at the commencement of the Code. "Tenure-holder"
means a person who holds land from the State Government and who is or is deemed to be
Bhumidhar under the provisions of this Code.3

The definition of tenure holder under the clause is very simple. A person is called Bhumidhar'
who holds land from the State Government and is either Bhumidhar or deemed to be Bhumidhar

under this Code. For a person who is called 'Bhumidhar', provisions of Chapter XII should be
looked into. Section 131 says that there will be only one class of tenure holder and the name
given to him is Bhumidhar.

1
See, S. 2 (l) (y), UP REVENUE CODE, 2006
2
See, Chapter XIV, UP REVENUE CODE,2006
3
See, S. 2 (l) (z), UP REVENUE CODE, 2006
TENURE HOLDER
Class of Tenure

“There shall be only one class of tenure holders of lands held from the state to be known as
Bhumidhar.”4By enacting Section 131 of the Code, the Legislature has declared that ownership
in all lands etc. belong to the State Government. But it is not necessary that all such lands are
held by the State Government. This section for the first time says that from the State
Government, all person holding land as tenure holders shall be called Bhumidhar, meaning
thereby ‘owner of the land’. Although absolute ownership does not vest in such persons, still
leaving aside the State Government, such persons are owners against everyone else. They are
neither tenants nor Government lessees who are dealt with separately.

DISTINCTION BETWEEN BHUMIDHAR RIGHTS AND TENANCY


RIGHTS:
This section states that there shall be only one class of tenure holders of lands held from the State

to be known as Bhumidhar. The distinction between tenure rights and tenancy rights is real. A

Bhumidhar is neither a tenant nor a Government lessee. Ownership as contemplated under s.57.is

also distinguishable from tenure as defined in section 131 of the Code.5A Bhumidhar is neither a

tenant nor a Government lessee.6

4
See, s. 157, UP REVENUE CODE, 2006
5
See, Rajaram v Dindayal, 1969
6
See, s. 158, UP REVENUE CODE, 2006
BHUMIDHAR

“Every person who at the time of coming into force of this Code, belongs to any of the
following classes shall be called a Bhumidhar and shall have all the rights and be subject to all
the liabilities conferred or imposed upon a Bhumidhar by or under this Code.” 7For the first time,
the M.P UP Revenue Code, 2006, vide section 157, has called certain classes of persons
'Bhumidhar' and has declared that such Bhumidhars shall have all the rights and be subject to all
the liabilities conferred or imposed upon a Bhumidhar by or under this Code. The provisions of
the Code do not apply to evacuee property vested in the Central Government under the Displaced
Persons (Compensation and Rehabilitation) Act, 1954.8

CLAIM OF ACQUIRING BHUMIDHAR RIGHTS

The plaintiff claimed that he was an occupancy tenant and became Bhumidhar on coming into
force of the UP Revenue Code, 2006. But he could not establish that he was an occupancy
tenant. A person in order to be an occupancy tenant has to be a sub- tenant of a Khatedar tenant
or a grove holder or a sub-tenant or a tenant of Khatedar. Not only this, it was also found that the
land was a 'service' land and it could not be given on lease for a period exceeding one year. It
was held that the plaintiff was not entitled to the benefit of S.133 of the Code.9

Bhumidhar rights accrue only in cases of limited category and only on specified grounds.
Accrual of Bhumidhar rights by adverse possession is not contemplated under the Code.10 A
person, who was neither Muafidar, nor Inamdar nor concessional holder under the Uttar Bharat
Act, cannot be mutated as Bhumidhar under the Code. 11Status of Pattedar tenant accruing under
Rewa Act. Acquisition of Bhumidhar rights to such tenant is automatic. It does not depend on
mutation entries.12Incident of impartibility and special mode of succession of primogeniture of
Jagir lands extinguished. Holders acquired Bhumidhar rights.13Land situated in a princely State

7
See, Gajrajsingh v. Krishnapalsingh,
8
See, Atmasingh v. Bhagwandas, 1995
9
See, Hanumant Singh v. Shafique Ahmed Khan, 1997
10
See, State of UP v. Balveer Singh, AIR 2001
11
See, Ramlal v. Mangal Singh,
12
See, Kesharbai v. Ramkhilawan, 1993 RN 194(HC)
13
See, Dattatray v. Krishnarao. 1991
which merged in Vindhya Pradesh region. Gairhaqdar tenant continued in possession. He
became entitled to pattedarl rights under the Vindhya Ptadesh Act of 1953 and ultimately became
Bhumidhar. 14The plaintiff's and their predecessor in title were in possession of the land for over
12 years and the defendant State in paragraph 3 of the written statement has clearly admitted that
Raghunathsingh and others who were the predecessor in title of the plaintiffs were Maurusi
Kashtkar. After the abolition of .Jamindari, the plaintiffs became Pacca tenant and under Uttar
UP Revenue Code they became Bhumidhar of the said land by virtue of provisions contained in
Clause (b) of sub- section (1) of section 158 thereof.15A sub-tenant. staking his claim to be a
pakka tenant under section 38(2) would leave nothing in the hands of anybody else except the
State because he thereby asserts not only his tenancy rights in the land. but virtually ownership in
the land. Indeed. as appears clear from sub-section (1) of section 38. the tenant of a proprietor
under whom a sub-tenant used to hold the land. ceased to have any interest in the land as soon as
not he. but the sub-tenant becomes a pakka tenant. What is further contemplated under sub-
section (2) is that a sub tenant becomes a pakka tenant by depositing requisite amount to exercise
the statutory right granted to him thereunder and the superior interest of the tenant is put on the
stake as soon as his sub- tenant chooses to exercise his statutory right. Now. according to Sec.
158(l)(b) of the Code. a pakka tenant becomes a Bhumidhar by operation of law which leaves
obviously nothing in the hands of the tenant. The statutory rights envisaged under the provisions
aforesaid are indeed to be judicially noticed as yet. There should be no hesitation to say at once
that the legal adage-once a tenant always a tenant is statutorily effaced by the provisions of
section 38 of the Act and Section 158 of the Code. The special law must prevail on the general
law and must be given full meaning and effect.16

BHUMIDHAR WITH TRANSFERABLE RIGHTS.-

Every person belonging to any of the following classes, shall be called bhumidhar with
transferable rights and shall have all the rights and be subject to all the liabilities conferred or
imposed upon such bhumidhar by or under this Code, namely :- (a) every person who was a

14
See, Raghuwansh Kumar v. State of M.P., 1991
15
See, Ramsingh v. State of M.P., 1988
16
See, Sukhlal v. Narainprasad. 1986
bhumidhar with transferable rights immediately before the date of commencement of this Code.
(b) every person who in any other manner acquires, on or after the said date, the rights of such a
bhumidhar under or in accordance with the provisions of this Code or under any other law for the
time being in force.

BHUMIDHAR WITH NON-TRANSFERABLE RIGHTS. –

Every person belonging to any of the following classes shall be called a bhumidhar with
nontransferable rights and shall have all the rights and be subject to all the liabilities conferred or
imposed upon such bhumidhar by or under this Code, namely :-

(a) every person who was a bhumidhar with non-transferable rights immediately before the date
of commencement of this Code;

(b) every person who is admitted as a bhumidhar with non-transferable rights on or after the said
date by the Bhumi Prabandhan Samiti to any land under or in accordance with the provisions of
this Code;

(c) every person who is or has been allotted any land under the provision of the Uttar Pradesh
Bhoodan Yajna Act, 1952;

(d) every person who is or has been allotted any land under the provision of the Uttar Pradesh
Imposition of Ceiling on Land Holdings Act, 1960;

(e) every person who in any other manner acquires on or after the said date, the rights of such a
bhumidhar under or in accordance with the provisions of this Code, or any other law for the time
being in force.

(2) Every person who was a Bhumidhar with non-transferable rights immediately 'before the
commencement of this Code and had been such Bhumidhar for a period of ten years or more
shall become Bhumidhar with transferable rights on such commencement.

(3) Every person who was a Bhumidhar with non-transferable rights on the commencement
referred to sub-sections (1) and (2) or becomes Bhumidhar with non-transferable rights after
such commencement shall become Bhumidhar with transferable rights after expiry of ten years
from his becoming Bhumidhar with non-transferable rights.
(4) Notwithstanding anything contained in any other provisions of this Code, if any person
transfers land by sale after becoming Bhumidhar with transferable rights under sub-section (1) or
sub-section (2) or sub-section (3), he shall not be eligible for lease of any land vested in the
Gram Sabha or the State Government or the surplus land defined in the Uttar Pradesh Imposition
of Ceiling on Land Holdings Act, 1960.

MORTGAGE AND GIFT OF LAND BY BHUMIDHAR WITH NON-


TRANSFERABLE RIGHTS.

Subject to the provisions of this Code, the interest of a bhumidhar with non-transferable rights in
any holding or its part may be, -

(a) transferred by mortgage without possession as security for a loan taken or to be taken from
the State Government or a bank or a co-operative society or the U.P. State Agro Industrial
Corporation Ltd. or any other financial institution owned and controlled by such Government;

(b) sold in execution of a decree of any Court regarding the matter referred to in clause (a) or in
proceedings for collection of land revenue under Chapter XII.

BHUMIDHAR RIGHTS

A Bhumidhar pays UP Revenue to the Government under section 134. The interest of a
Bhumidhar is heritable and passes on his death by inheritance, survivorship or bequest, as the
case may be. This is so provided in section 164. Subject to certain restrictions contained in
section 135 & 138, a Bhumidhar may transfer any interest in his land. A Bhumidhar can also
lease his land but the restriction is that normally he cannot lease any land for more than one year
during any consecutive period of three years. There is no restriction for grant of leases in respect
of certain categories of Bhumidhar, such as widow, unmarried woman and persons suffering
from social, physical or mental disabilities. This is provided in section 138(2). It is important to
notice that there is no provision in the Act for ejectment of a Bhumidhar at the instance of the
Government. These features clearly show, as held by Dube, J.17that there is no relationship of

17
See, Badrilal v. Govind, 1992
landlord and tenant between the Government and the Bhumidhar. A Bhumidhar is called a tenure
holder but he is not a holder of tenancy rights. The Bhumidhar in these circumstances can well
be described as the owner of the land or more correctly owner of the rights in the land which he
holds under the State.

ASAMI

Every person belonging to any of the following classes, shall be called an asami, and shall have
all the right and be subject to all the liabilities conferred or imposed upon such asami by or under
this Code, namely :-

(a) every person who was an asami immediately before the date of commencement of this Code;

(b) every person who is admitted as an asami on or after the said date by the Bhumi Prabandhak
Samiti to any land under or in accordance with the provisions of this Code.

(c) every person who is admitted as lessee on or after the said date, by a bhumidhar of any land
under or in accordance with the provisions of this Code;

(d) every person who in any other manner acquires the rights of an asami under or in accordance
with the provisions of this Code or any other law for the time being in force.
GOVERNMENT LESSEE

Every person who holds; any land on lease from the State Government, whether such lease was
granted before or after the commencement of this Code, shall be called a Government lessee in
respect of such land.

Government lessees right to hold land. - Notwithstanding anything contained in this Code,
every Government lessee shall be entitled to hold such land in accordance with the terms and
conditions of the lease.

Ejectment of Government lessee. - A Government lessee may be evicted from the land held by
him on one or more of the following grounds, namely –

(a) that he has failed to pay the rent or any other sum due under the lease within six months from
the date on which it became due.

(b) that he has used such land for any purpose other than that for which it was granted;

(c) that the term of Iris lease has expired or the lease has been cancelled;

(d) that he has contravened any terms or conditions of the lease


CONCLUSION

Therefore, the concept of tenure holders has been a concept wherein, the act of UP Revenue
Code, 2006 recognises only one type of tenure holders, namely that of Bhumidhar. All those
persons who were holding land from the Government under the various UP Revenue Tenancy
Laws operative in the different parts of the State were brought on par under the present Code and
were conferred the status of Bhumidhars under section 138 of the code. Thus, this project
provides for the understanding of the concept of the tenure holders, by looking into the
provisions governing the Bhumidhar, which is the only recognized tenure holder according to the
UP Revenue Code, 2006. This project gives cases regarding the different types of Bhumidhars,
their rights, general interpretation, and their claims.