Surrender and abandonment

118. Surrender by bhumidhar. - (1) A bhumidhar may surrender his interest in any holding or any
part thereof by giving an application in writing to the Tahsildar intimating his intention to do so and
by giving up possession thereof to him whether or not such holding is let.
(2) Where only part of a holding has been surrendered, the Tahsildar shall apportion the land revenue
payable by such bhumidhar.

119. Surrender by asami. - An asami may surrender his interest in any holding (but not any part
thereof) by giving notice in writing to the land holder intimating his intention to do so, and by giving
up possession thereof to him.

120. Effect of surrender. - (1) A bhumidhar or asami shall be deemed to have surrendered any land
held by him, with effect from the date when possession over such land is given up in accordance with
Section 118 or Section 119.
(2) Where any land is so surrendered -
(a) by an asami, his right, title or interest in such land shall be deemed to have been extinguished
from the date of such surrender,
(b) by a bhumidhar, the right, title and interest of such bhumidhar and of every other person
claiming through him in such holding or its part shall be deemed to have been extinguished from
the said date.

121. Liability for rent revenue in use of surrender. - Notwithstanding the provisions of Sections
118 to 120, the bhumidhar, or asami shall continue to be liable to pay the land revenue or the rent, as
the case may be, for the holding in respect of the agricultural year next following the date of
surrender, unless the notice of surrender was given before the first day of April.

122. Abandonment by bhumidhar. - (1) If a bhumidhar does not pay the land revenue and [does not
use the land for agriculture] for a continuous period of three agricultural years and has left the village
in which he usually resides and whose whereabouts are not known, then the Collector may, after such
inquiry, as he may deem necessary, take possession of the land held by such bhumidhar.
(2) Where the Collector has taken possession of any land under subsection (1), he may let it out on
behalf of the bhumidhar for a period of one agricultural year at a time in the manner prescribed.
(3) If the bhumidhar or any other person lawfully entitled to the land claims it within a period of three
years from the commencement of the agricultural year next following the date on which the Collector
took possession thereof, it shall be restored to him on payment of dues, if any and on such terms and
conditions as the Collector may think fit.
(4) Where no claim is preferred under sub-section (7) or if any claim is preferred but is disallowed,
the Collector shall make an order declaring the holding abandoned.
(5) Every order of the Collector under sub-section (4) shall be published in the manner prescribed, and
shall, subject to the result of any suit under Section 144, be final.
(6) Nothing in this section shall apply to any holding held by a bhumidhar in whose favour a
declaration has been made under Section 80 where such declaration continues to be in force.

123. Consequence of abandonment. - Where any holding has been abandoned under Section 122,
the following consequences shall ensue, namely -
(a) the holding shall vest absolutely in the State Government free from all encumbrances;
(b) the bhumidhar concerned shall cease to have any right, title of interest in such holding;
 (c) the bhumidhar concerned shall continue to be liable for land j revenue due in respect of such
holding for the agricultural year during which the order referred to in sub-section (4) of the said
section was made.
124. Delivery of possession to [Gram Panchayat]. - (1) When the interest of a bhumidhar in any
land is extinguished under the provisions of this Code or any other law for the time being in force, the
Sub-Divisional Officer may on the application of the [Gram Panchayat] concerned evict any person in
unauthorised occupation of such land and deliver possession thereof to the [Gram Panchayat] in such
manner as may be prescribed.
(2) The provisions of sub-section (1) shall mutatis mutandis apply to the eviction of an asami holding
land from a [Gram Panchayat], or from a bank under sub-section (2) of Section 95.

Lease of land by [Gram Panchayat].

125. Admission by Bhumi Prabandhak Samiti to land entrusted to [Gram Panchayat]. - The Bhumi
Prabandhak Samiti may, with the previous approval of the Sub-Divisional Officer, admit any person
as -
(a) bhumidhar with non-transferable rights to any land entrusted or I deemed to be entrusted to
the [Gram Panchayat] under Section 59 other than land specified in Section 77;
(b) asami to any land specified in Section 77 except in clause (a) or clause (h) or (i) thereof where
such land is entrusted or deemed to be entrusted to the [Gram Panchayat] under Section 59
other than j a tank specified in clause (a) of Section 61.
126. Order of preference in admission to land by Bhumi Prabandhak Samiti. - (1) In the admission
of any person to land as bhumidhar with non-transferable rights or as asami under Section 125,
hereinafter in this Chapter referred to as allotment of land, the Bhumi Prabandhak Samiti shall
observe the following order of preference -
(a) a landless widow, sons, unmarried daughters or parents residing in the [Gram Panchayat] of a
person who has lost his wife while in active service in the Armed Forces of the Union.
(b) a landless person residing in the [Gram Panchayat] who has become wholly disabled while in
active service in the Armed Forces of | the Union;
(c) a landless agricultural labourer residing in the [Gram Panchayat] and belonging to a Scheduled
Caste or Scheduled Tribe, other back- I ward class or a person of general category living below
poverty j line as determined by the State Government.
(d) any other landless agricultural labourer residing in the [Gram Panchayat];
(e) a landless person residing in the [Gram Panchayat] who has retired or been released or
discharged from service in the Armed Forces of the Union, otherwise than as an officer;
(f) a landless freedom fighter residing in the [Gram Panchayat], who has not been granted political
pension;
(g) any Bhumidhar or asami residing in the [Gram Panchayat] and holding land less than 1.26
hectares;
(h) any other landless agricultural labourer belonging to a Scheduled Caste or Scheduled Tribe,
other backward class or a person of general category living below the poverty line as
determined by the State Government not residing in the [Gram Panchayat] but residing in the
Nyaya Panchayat circle referred to in Section 42 of U.P Panchayat Raj Act, 1947.
Explanation - For the purposes of this sub-section -
(i) 'allotment' includes any allotment made under the corresponding provisions of any enactment
repealed by this Code;
(ii) '[Gram Panchayat]' means [Gram Panchayat] as defined under the U.P. Panchayat Raj Act,
1947;
(iii) a person shall be deemed to be landless if he or his spouse or their minor children, and where
the allottee is himself a minor, then his parents hold no land on the date of allotment or within
two years immediately preceding the said date;
(iv) the expression 'freedom fighter' means a person so defined in the Uttar Pradesh Public Service
(Reservation for Physically Handicapped, Dependents of Freedom Fighters and Ex-Serviceman)
Act, 1993;
(v) "other backward class" means the backward classes of citizens specified in Schedule-I of the
Uttar Pradesh Public Service (Reservation for Scheduled Castes, Scheduled Tribes and Other
Backward Classes) Act, 1994 (U.P. Act No. 4 of 1994);
(vi) "person of general category living below the poverty line" means such persons as may be
determined from time to time by the State Government.
(2) The land that may be 'allotted under sub-section (1) shall not exceed such area as together with
the land held by him as bhumidhar or asami immediately before the allotment would aggregate to
1.26 hectares.

127. Consequences of allotment. - (1) Where any land is allotted to a person in accordance with
Sections 125 and 126 and any tree or other improvement exists on such land, then unless the
contrary intention appears, such tree or improvement shall also be deemed to be allotted to the
person concerned along with the land.
(2) The allottee shall hold the land so allotted on such term and conditions as may be prescribed:
[Provided that if the allottee is a married man and his wife is alive, she shall be co-allottee of equal
share in the land so allotted.]

128. Cancellation of allotment and lease. - (1) The Collector may, of his own motion and shall on the
application of any person aggrieved, inquire in the manner prescribed into any allotment and if he is
satisfied that the allotment is in contravention of the provisions of this Code or any of the
enactments repealed by this Code or the rules made thereunder, he may cancel the allotment and
the lease, if any.
[***]
[(1-A) Any application under sub-section (1) may be moved in the case of an allotment of land made
before the commencement of this Code, within five years from the date of such commencement and
in the case of an allotment of land made on or after the date of such commencement, within five
years from the date of such allotment or lease.]
(a) the right, title and interest of the allottee of leassee or any other person claiming through him
in such land and in every tree or other improvement existing thereon shall cease, and the same
shall revert to the [Gram Panchayat];
(b) the Collector may direct delivery of possession over such land, tree or improvement forthwith
to the [Gram Panchayat] after ejectment of every person holding or retaining possession
thereof and may for that purpose use or cause to be used such force as may be necessary.
(3) Where in proceedings for cancellation of allotment or lease referred to in clause (b) of sub-
section (1) the Collector is satisfied that any land referred to in Section 77 excepting clause (a) or
clause (h) or (i) thereof has been allotted to any person as bhumidhar with non-transferable rights,
he may instead of cancelling the allotment or lease, direct that the allottee or lessee shall be treated
as an asami under clause (b) of Section 125.
(4) Every order made by the Collector under this section shall, subject to the provisions of Section
211, be final.
(5) The provisions of Sections 5 and 49 of the Uttar Pradesh Consolidation of Holding Act, 1953 shall
not apply to the proceeding under this section.

129. Restoration of possession to allottee or the Government lessee. - (1) Where any person is
admitted to any land in accordance with Section 125, or where any land is let out to any person by
the State Government and any person, other than the allottee or lessee, is in occupation of such
land in contravention of the provisions of this Code, the Assistant Collector may, of his own motion,
and shall, on the application of the allottee of the lessee, as the case may be, put him in possession
of such land, and may for that purpose use or cause to be used such force as he considers necessary.
(2) The provisions of sub-sections (2) to (8) of Section 65 shall mutatis mutandies apply in relation to
reoccupation of any land or part thereof after possession has been delivered under sub-section (1).

Ejectment
130. Bhumidhars not to be ejected. - No bhumidhar shall be liable to ejectment from the land held
by him except as provided by or under this Code.

131. Suit for ejectment etc. against asami. - (1) No asami shall be liable to ejectment from the land
held by him, except on a suit of the land-holder or [Gram Panchayat], which may be filed on one or
more of the following grounds, namely -
(a) that the interest of the asami in the land held by him has extinguished under the provisions of
this Code;
(b) that the asami was holding land from year to year or for a period, which has already expired
or will expire before the end of the current agricultural year;
(c) that the asami is using the land for any purpose not permitted by Section 84;
(d) that the land-holder was suffering from any of the disabilities referred to in sub-section (1) of
Section 95 and either his disability has ceased or he wishes to bring the land under his personal
cultivation.
(e) that the asami was in arrears of rent for a period of more than one year and has failed to pay
the same to the land holder within a period of thirty days despite service of a notice of demand;
(f) that the asami has transferred the whole or part of the land held by him in contravention of
the provisions of this Code.
(2) No notice to quit to the asami shall be necessary before filing a suit under this section.
(3) The land-holder may in a suit for ejectment also claim arrears of rent.
(4) A land holder may, without suing for ejectment sue the asami for arrears of rent.

132. Right to crops and trees. - (1) Wherein execution of a decree passed in a suit under Section
131, an asami is ejected, and the Court is satisfied that any ungathered crops or trees belonging to
the judgment-debtor exist on the land, the Court shall, not withstand anything contained in the Code
of Civil Procedure, 1908, proceed in the following manner :
 (a) if the amount due from the judgment-debtor is equal to or greater than the value of such crops
or trees, the Court shall deliver the possession of the land with the crops and trees to the
decree holder, and all rights of the judgment-debtor in or upon such crops or trees shall
therefore pass to the decree-holder;
(b) if the amount due from the judgment-debtor is less than the value of such crops or trees, and
(i) the decree-holder pays the difference between such amount and the value to the
judgment-debtor, the Court shall deliver possession of the land to the decree-holder and
all rights of the judgment-debtor in such crops or trees shall therefore pass to the
decree-holder;
(ii) the decree-holder does not pay such difference the judgment-debtor shall have the right
of tending gathering or removing such crops or trees or fruits of such trees, until such
crops or trees have been gathered or removed or die or are cut down, as the case may
be, paying such compensation for the use and occupation of land as the Court fix.
(2) The Court executing the decree may, on the application of any party, determine the value of the
crops or tree and the compensation payable by the judgment debtor under the provisions of sub-
section (1).

133. Suit for injunction, compensation etc. - The [Gram Panchayat] or the land-holder may, in lieu of
suing for ejectment of an asami under Section 131, file a suit in the Court of Sub-Divisional Officer.
(a) for injunction restraining him from putting the land to any unauthorised use or causing any
waste or damage to it;
(b) for compensation for such use, waste or damage; or
(c) for repair of the waste or damage caused to the land.
134. Ejectment of persons occupying land without title. - (1) Where a person takes or retains
possession of any land forming part of the holding of any bhumidhar or asami otherwise than in
accordance with the provisions of the law for the time being in force and without the consent of
such bhumidhar or asami, such person shall be liable to ejectment on the suit of the bhumidhar or
asami concerned, and shall also be liable to pay damages at the rate prescribed.
(2) To every suit relating to any land referred to in sub-section (1), the State Government and [Gram
Panchayat] shall be impleaded as necessary parties.

135. [***]

136. Ejectment of trespassers of Gaon Sabha land. - [(1) Notwithstanding anything contained in
other provisions of this Code, the Sub-Divisional Officer may, of his own motion or on the application
of the Gram Panchayat or other local authority, eject any person taking or retaining possession of
any land specified in sub-section (2), if such possession is in contravention of the provisions of this
Code and is without the consent of such Gram Panchayat or the local authority and shall also be
liable to pay damages at the rates prescribed.]
(2) The provisions of sub-section (1) shall apply to the following categories of land, namely -
(a) any land entrusted or deemed to be entrusted to any [Gram Panchayat] or local authority
under the provisions of this Code or any other law for the time being in force;
(b) any land over which a [Gram Panchayat] or local authority is entitled to take possession under
the provisions of this Code;
(c) any land which belongs to or is owned or held by a [Gram Panchayat] or local authority;
 (d) that the asami is holding land specified in clause (d) or clause (e) of Section 77 and that the
cultivation of crops in such land has become impossible;
(e) that the asami was admitted to the land under clause (b) of Section 125 and the [Gram
Panchayat] proposes to use it for a public purpose.
(3) No person shall be evicted from any land under this section unless adequate opportunity to show
cause has been afforded to him.
(4) In evicting a person under this section, the Sub-Divisional Officer may use or cause to be used
such force as may be necessary.
Explanation. - For the purposes of this section, the word 'land' includes [trees and other
improvements] existing on such land.

137. Remedies for wrongful ejectment. - (1) An asami ejected or apprehending ejectment from or
prevented from obtaining possession of any land otherwise than in accordance with the provisions
of any law for the time being in force, may sue the person so ejecting him, trying to eject him or
keeping him out of possession -
(i) for possession of the [land; or]
(ii) for compensation for wrongful dispossession; or
(2) When a decree is passed for compensation for wrongful dispossession but not possession the
compensation awarded shall be for the whole period during which the asami was entitled to remain
in possession.