Descriptive notes

1
 CITY ACADEMY LAW COLLEGE
LL.B.(5 YEAR) 7TH SEMESTER

LAND LAWS AND LOCAL LAW-I

Unit-II

Lecture-1 Classes of Tenure Holder

Question-1 Discuss in brief the classes of tenure Holder provided under U.P. Revenue code,2006.
(2013,2014,2017,2018,2023)

Answer: A person who has acquired from an intermediary the right to hold the lands for the purpose of
collecting rents for bringing them under cultivation by establishing tenants thereon and includes also the
successor in interest of person who have acquired such right, is called tenure Holder.

Section 74 of the Code lays down the following classes of tenure holders namely –

1. Bhumidhar with transferable rights -Section-75

2. Bhumidhar with non-transferable rights-Section -76

3. Asami -Section-78

4. Governmentlessee

1.Bhumidhar with transferable rights- Section 75 provides that Bhumidhar with transferable rights is the
superior most tenure-holder. His rights are permanent, transferable and heritable in accordance with
provisions of this code and is entitled to utilize the land for agricultural purposes under section-79 of the
code.
According to Section 75 the following types of persons shall be bhumidhar with transferable rights –
(i) All the persons who were bhumidhars with transferable rights immediately before commencement
of the Code, i.e. 11 February 2016, and
(ii) Every person who became bhumidhar with transferable rights on or after the said date in the
manner prescribed under the Code.

2. Bhumidhar with non-transferable rights- Bhumidhar with non-transferable rights is superior to an

asami but inferior to bhumidhar with transferable rights. His rights are permanent and heritable but not
transferable.

As per Section 76 of the Code the following types of persons shall called bhumidhar with non-transferable
rights, namely-

i. Every person who was a Bhumidhar with non-transferable rights immediately before the date of
commencement of this Code.

ii. Every person who is admitted as a Bhumidhar with non-transferable right on or after the said date by
the Bhumi Prabandhak Samiti to any land under or in accordance with the provisions of this Code.
2
 iii. Every person who is allotted any land on or after the said date under provisions of the Uttar Pradesh
Bhoodan Yojna Act, 1952.

iv. Every person who is allotted any land on or after the said date under provisions of the Uttar Pradesh
Imposition of Ceiling on Land Hold Act, 1960 .

v. Every person who was an asami in possession of land not covered by section 77 of this Code,
immediately before the date of the commencement of this Code and had been recorded as such in
class-3 of the annual register (khatauni) of 1407 Fasli.

All non-transferable rights of bhumidhar shall acquire the transferable rights of bhumidhar and cultivate the
land for agricultural and other attached purposes. After the completion of 5 years from the date the date of
allotment of land either allottee or his legal heirs will be entitled to execute the sale deed, gift. Or will to any
person, but after the execution of sale ,gift, will or otherwise person shall be disqualified for further allotment
of land by the Gram panchayat or under the Uttar Pradesh Imposition of Ceiling on Land Holding Act, 1960
by the state government.

3. Asami- Asami , is the inferior most tenure-holder. His rights are neither permanent nor transferable but are
only heritable. As per Section 78 of the Code the following types of persons shall be called an Asami -

i. Subject to the provisions of clause (dd) of sub-section (1) of Section 76 of this Code, every person
who was an asami immediately before the date of commencement of this Code

ii. Every person who is admitted as an Asami on or after the said date by the Bhumi Parbandhak Samiti
to any land under or in accordance with the provisions of this Code

iii. 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

iv. 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.

In the following lands bhumidhari rights shall not accrue, but only the asami’s rights shall accrue-

 Pasture land

 The bhumidari rights cannot be granted in the land covered by water and used for the purpose of
growing ‘singhara’ or other produce.The land situated in the bed of tank, pond, and pokhari which is
not covered by water, also comes within the ambit of provisions and bhumidari rights could not
accrue in it and gram sabha cannot grant in respect of such land as bhumidari rights with non
transferable rights.

 Land in a bed of river and used for casual cultivation the bed of river comprises only the land situated
between the river banks. Melons, Water-melons, cucumbers etc, are grown on bed of river, therefore
bhumidari rights cannot be granted under Section – 117 of the Act.

 Such tracks of shifting or unstable cultivation as the Government may specify by notification in the
Gazette.

 Land to be intended or set apart for taungya plantation.

3
  Grove land of a Gram Sabha or local authority.

4. Government Lessee- The last type of tenure-holder is Government Lessee. Every person to whom the
land is let out by the State Government is a Government Lessee in respect of such land.
Section 147 defines Government Lessee as- 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. Further as per Section 148 every Government lessee
shall be entitled to hold such land in accordance with the terms and conditions of the lease.

4
Lecture-2 Rights of Tenure Holder

Question-2 Describe the rights of Tenure Holder and discuss the restriction on transfer of such
rights?[ 2015,2021]

Answer-2 1.Rights of Bhumidhar with transferable rights- Bhumidhar with transferable rights is a
superior type of tenure holders. His rights are permanent ,heritable, and transferable. Section 75 define who
shall bhumidhar with transferable rights.

The Rights of BWTR are as follows-

i. Right to exclusive possession of land ( Section-79(i))- a bhumidhar with transferable rights shall
have the right to exclusive possession of all land of which he is such a bhumidhar and to use it for
any purpose whatsoever.
ii. Right to get a declaration (Section-80)-a bhumidhar with transferable right is using holding or its part
for industrial, commercial or residential purposes, he may get declaration of the same to the effect
iii. Right to transfer [Section 88]-Bhumidhar with transferable rights has a right to transfer his interest
by way of sale, gift, lease or any other disposition however such right to transfer is not absolute and
it should be in conformity with the provisions of this Code.
iv.Right to lease- ( Section 94 )- any Bhumidhar to lease out his holding or any part thereof to any person,
firm, company, partnership firm, trust, society or any other legal entity for agriculture or for setting
up a solar energy plant and such lease shall be known as the private lease by a bhumidhar.
v.Right to exchange [Section 101 & 102]- According to Section 101 a bhumidhar may exchange his
land with the land of any other bhumidhar or any Gram Panchayat or a local authority. Exchange
under the Code can only be made after obtaining prior permission of the Sub-Divisional Officer in
writing.
vi. Right to bequesth his interest by will [Section 107] -Section 107 provides that a Bhumidhar with
transferable rights may bequeath his interest in any holding by Will. This provision is subject to
Section 107(2). It is to be noted that right to bequeath is only available to bhumidhar with transferable
rights.
vii. Right to sue for division [Section 116]- A bhumidhar may sue for the division of the holding of
which he is a co-sharer and to everysuch Gram Panchayat concerned shall be made a party.
viii. Right to surrender [Section 118]- Surrender means to give up one's own interest in a holding. It is
a voluntary act of the bhumidhar. It provides that a bhumidhar may surrender his interest in any
holding or in any of its part by giving an application in writing to the Tahsildar intimating his
intention to do so and by giving up possession.
ix. Right to abandonment [Section 122] -To abandon means to totally withdraw oneself from an object
and laying aside all care and concern for it. Land is declared as abandoned by the revenue authorities
under the Code due to the fault of the bhumidhar.
x. Right to get declaration through declaratory suit [Section 144]-A declaratory suit is the suit in which
the plaintiff requests the court to declare legal status over any land. Section 144 deals with declaratory
suits by tenure holders.

Rights of Bhumidhar with non-transferable rights- The bhumidhar with non-transferable rights is second
main tenure holder. He has rights inferior to bhumidhar with transferable rights and superior to asami . Under
this code he has the following rights-
5
i. Right to exclusive possession of land and use it [Section 79(2)]- A bhumidhar with non- transferable
rights shall have the right to the exclusive possession all land of which he is such bhumidhar and to use such
land for any purpose connected with agricultiure, horticulture, social forestry and animal husbandry which
includes pisciculture.

ii.Right regarding transfer-The interest of a bhumidhar with non transferable rights is not transferable but it
is heritable and permanent. The state government decided that the person who is holding the land with non
transferable right of bhumidhar , such person may have a better right and title in the land and may transferer
in favour of other persons, for achieving the purpose.

iii.Right to exchange [Section 101]- According to Section 101 a bhumidhar with non-transferable may
exchange his land with the land of any other bhumidhar or any Gram Panchayat or a local authority
iv.Right to sue for division [Section 116] - A bhumidhar with non transferable may sue for the division of
the holding of which he is a co-sharer and to every such Gram Panchayat concerned shall be made a party.

v.Right to surrender[ Section 118]- A bhumidhar with non transferable may surrender his holding or any
part. The application for surrender must be made to the tehsildar and a notice to the land management
committee.
Vi. Right to bequest-[section-107 ]- If A bhumidhar with non-transferable rights has completed the period of
five years or more can transfer the property by will.

Rights of Asami- Asami is the inferior most tenure-holder. His rights are neither permanent nor transferable
but are only heritable. Section 78 of the Code define who are asami. Rights of Asami as follows-
i.Right to use the land - An asami has, subject to the provisions of the Act, right to the exclusive possession
of all land comprised in his holding and use such of the land for any purpose connected with agriculture,
horticulture, animal husbandry, pisciculture or poultry farming: Provided that any land which is declared by
the State Government by notification in the Gazette to be intended or set apart for taungya plantation cannot
be used by the asami thereof except for purposes of growing agricultural crops.
ii. Right to let the land - An asami cannot let his holding but if he is an allottee of intermediary's sir or
khodkasht land in lieu of maintenance allowance, and he comes under disabled persons of Section 157 (1),
he can let out his land, such lessee shall be asami of an asami.

iii.Right to crops and tress on ejectment- An Asami has rights to remove the standing crops and tree
existing on the holding.
iv.Right to Surrender -An Asami may surrender his holding or any part. The application for surrender must
be made to the tehsildar and a notice to the land management.

V.Rights regarding rent-An Asami, on being admitted to the occupation of land, shall be liable to pay such
rent as may be agreed upon between him and his land-holder or the gram panchayat as the case may be.

Rights of Government lessee- [section -147]-Every person who holds, any land on lease from the State
Government,whether such lease was granted before or after commencement of this code,shall be called a
government lessee in respect of such land.

6
Further- Section-148 stated that every Government lessee shall be entitled to hold such land in accordance
with terms and conditions of the lease.

Section-149 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.

7
Lecture-3 Ejectment
Question-3 What is Ejectment ? What are the grounds of Ejectment ? Discuss in detail. What are
the remedies available for wrongful ejectment? [ 2015, 2017, 2019,2021,2023]

Answer-The provision for ejectment under the code have been provided in sections 130 to 137.

What is ejectment- The term "ejectment" has not been defined in the Code. But it can be defined as depriving
a person from possession of land who holds it unauthorised or without any legal justification by the
government machinery and delivering its possession to the Gram Panchayat or local authority or to a person
to whom the land belongs.

Class of persons to be ejected- The Code provides the following class of persons against whom proceedings
for ejectment can be sought, namely:

1. Ejectment of bhumidhar- (a) with transferable rights (b) with non- transferable rights.

2. Ejectment of asami.

3. Ejectment of persons holding land without title. [S. 134 ]

4.Ejectment of trespassers of Gram Panchayat land. [S. 136]

1.Ejectment of bhumidhar- General rule-Section 130 provides that "no bhumidhar shall be liable to ejectment
from the land held by him except as provided by or under this Code".

a.Ejectment of bhumidhar with transferable rights- The Code provides under Section 105(2)-When any
transfer by bhumidhar in contravention of this Code, it shall be void by the effect of Section 104 and the land
shall be vested in the State Government and then it shall be lawful and to direct that any person occupying
such land or property he evicted for the Collector to take over possession of such land and other property
therefrom. But if the bhumidhar keeps his vacant for the period of 10 or 20 years, he cannot be ejected . if he
fails to pay the land revenue to the state government, he cannot be ejected although his holding can be sold in
realisation of arrears of land revenue.

b. Ejectment of bhumidbar with non-transferable rights- Under Section 85(1)-Where a bhumidhar with
non-transferable rights uses his holdings or part thereof for the purpose not connected with agriculture, he
shall be liable to ejectment from such holding or part thereof on the suit of the Gram Panchayat.

2.Ejectment of an asami (S. 131)- General rule, no asami shall be liable to ejectment from the land held by
him, except on the suit of the landholder or Gram Panchayat, which may be filed on one or more of the
grounds givenunder Section 131 of the Code.

The ejectment of an asami is based upon certain conditions-

i. Where interest of the asami in the land has extinguished.

ii. Where the period of occupation of land has expired. It means, where an 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.

iii. Using land against the provisions of Section 84. This section gives exclusive possession of land
8
 within his holding for any purpose connected with agriculture, i.e. if he is using the land for the
purpose other than agriculture.

iv. 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 landholder within a period of 30days despite service of notice of demand.

v. That the asami has transferred the whole or part of the land held by him in contravention of the
provisions of this Code.

Grounds of ejectment-

i. If the asami either of gream panchayat or bhumidhar transfersbthe holding or its part thereof in
contravention of the provisions of the code, he is liable to ejected.

ii. The Asamis are allotted the land for purposes of cultivation of land to grow the crops or other
connected purposes to the agricultureas pisciculture, animal husbandry,poltry farming or piggery etc.
but not to do the taungya plantation on land only. If an asami use the land other than aforesaid purpose
he can evicted by land owner.

iii. If an asami was admitted on the land of public utility , he can be ejected on the completion of the
stipulated period or in violation of terms and condition of the lease or as lease was granted for the
year to year by the land management committee or any local authority.

iv. If an asami was or is let out the land for the purpose of taungya plantation and on account of planted
saplings the growing of crops becomes impossible , the asami can be ejected.

3.Ejectment of persons holding land without title [S. 134]- Section 134 provides that 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 concerned, such person shalll be liable to ejectment on the suit of the bhumidhar or
asami concerned.
4.Ejectment of trespassers of Gram Panchayat land [S. 136]- Where any person takes or retains possession
of any land specified in sub-section (2) of Section 136 of the Code and if such possession is in contravention
of theprovisions of this Code and without consent of the Gram Panchayat or the local authority, he shall be
liable to beejected by the Sub- Divisional Officer on his own motion or on the application of the Gram
Panchayat or other local authority, affording adequate opportunity of hearing to such trespasser.

Remedies for wrongful ejectment [S. 137]-An asami shall be entitled to possession of the land, or for
compensation for wrongful dispossession. The Asami has right to institute the suit before the court of Sub
divisional Officer claiming protection of land against illegal dispossession or seeking grant of compensation
against premature dispossession. However, the Asami has to establish his case through the evidence
indicating that his legal right has been illegally curtailed by the land owner or Gram panchayat.In case,
Asami succeeds to prove wrongful dispossession from land, a decree shall be passed awarding reasonable
compensation in favour.
9
10
BOOKLET

1
 CITY ACADEMY LAW COLLEGE

LL.B. HONS. 7TH SEMESTER

LAND LAWS AND LOCAL LAW-I

Unit-II

Lecture-1 Classes of Tenure Holder

Question-1 Discuss in brief the classes of tenure Holder provided under U.P. Revenue code,2006.
(2013,2014,2017,2018,2023)
Q.1A What are the different types of classes of tenures under U.P Revenue code, 2006?

Answer: Section 74 of the Code lays down the following classes of tenure holders namely –

1. Bhumidhar with transferable rights -Section-75

2. Bhumidhar with non-transferable rights-Section -76

3. Asami -Section-78

4. Governmentlessee

Q1B.Who is bhumidhar with transferable

rights?

Answer-Bhumidhar with transferable rights- Section 75 provides that Bhumidhar with transferable rights
is the superior most tenure-holder. His rights are permanent, transferable and heritable in accordance with
provisions of this code and is entitled to utilize the land for agricultural purposes under section-79 of the
code.
According to Section 75 the following types of persons shall be bhumidhar with transferable rights –
(i) All the persons who were bhumidhars with transferable rights immediately before commencement
of the Code, i.e. 11 February 2016, and
(ii) Every person who became bhumidhar with transferable rights on or after the said date in the
manner prescribed under the Code.

Q.1CWho is Bhumidhar with non-transferable rights?

2
Answer-Bhumidhar with non-transferable rights- Bhumidhar with non-transferable rights is superior to
an asami but inferior to bhumidhar with transferable rights. His rights are permanent and heritable but
not transferable.

As per Section 76 of the Code the following types of persons shall called bhumidhar with non-transferable
rights, namely-

i. Every person who was a Bhumidhar with non-transferable rights immediately before the date of
commencement of this Code.

ii. Every person who is admitted as a Bhumidhar with non-transferable right on or after the said date by
the Bhumi Prabandhak Samiti to any land under or in accordance with the provisions of this Code.

iii. Every person who is allotted any land on or after the said date under provisions of the Uttar Pradesh
Bhoodan Yojna Act, 1952.

iv. Every person who is allotted any land on or after the said date under provisions of the Uttar Pradesh
Imposition of Ceiling on Land Hold Act, 1960 .

v. Every person who was an asami in possession of land not covered by section 77 of this Code,
immediately before the date of the commencement of this Code and had been recorded as such in
class-3 of the annual register (khatauni) of 1407 Fasli.

Q.1D Who is Asami?

Answer- Asami , is the inferior most tenure-holder. His rights are neither permanent nor transferable but are
only heritable. As per Section 78 of the Code the following types of persons shall be called an Asami -

i. Subject to the provisions of clause (dd) of sub-section (1) of Section 76 of this Code, every person
who was an asami immediately before the date of commencement of this Code

ii. Every person who is admitted as an Asami on or after the said date by the Bhumi Parbandhak Samiti
to any land under or in accordance with the provisions of this Code

iii. 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

iv. 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.

Q.1E In which lands bhumidhari shall not have accrue rights but only the asami’s rights shall accrue?

Answer-

 Pasture land

 The bhumidari rights cannot be granted in the land covered by water and used for the purpose of
growing ‘singhara’ or other produce.The land situated in the bed of tank, pond, and pokhari which is

3
 not covered by water, also comes within the ambit of provisions and bhumidari rights could not
accrue in it and gram sabha cannot grant in respect of such land as bhumidari rights with non
transferable rights.

 Land in a bed of river and used for casual cultivation the bed of river comprises only the land situated
between the river banks. Melons, Water-melons, cucumbers etc, are grown on bed of river, therefore
bhumidari rights cannot be granted under Section – 117 of the Act.

 Such tracks of shifting or unstable cultivation as the Government may specify by notification in the
Gazette.

 Land to be intended or set apart for taungya plantation.

 Grove land of a Gram Sabha or local authority.

Q.1F Who is Government Lessee?

Answer-Government Lessee- The last type of tenure-holder is Government Lessee. Every person to
whom the land is let out by the State Government is a Government Lessee in respect of such land.
Section 147 defines Government Lessee as- 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. Further as per Section 148 every Government lessee
shall be entitled to hold such land in accordance with the terms and conditions of the lease.

4
Lecture-2 Rights of Tenure Holder
Question-2 Describe the rights of Tenure Holder and discuss the restriction on transfer of such rights?[
2015,2021]

Q.2A Write down five Rights of Bhumidhar with transferable rights.

Answer-2 The Rights of BWTR are as follows-

i. Right to exclusive possession of land ( Section-79(i))- a bhumidhar with transferable rights shall
have the right to exclusive possession of all land of which he is such a bhumidhar and to use it for
any purpose whatsoever.
ii. Right to get a declaration (Section-80)-a bhumidhar with transferable right is using holding or its part
for industrial, commercial or residential purposes, he may get declaration of the same to the effect
iii. Right to transfer [Section 88]-Bhumidhar with transferable rights has a right to transfer his interest
by way of sale, gift, lease or any other disposition however such right to transfer is not absolute and
it should be in conformity with the provisions of this Code.
iv.Right to lease- ( Section 94 )- any Bhumidhar to lease out his holding or any part thereof to any person,
firm, company, partnership firm, trust, society or any other legal entity for agriculture or for setting
up a solar energy plant and such lease shall be known as the private lease by a bhumidhar.
v.Right to exchange [Section 101 & 102]- According to Section 101 a bhumidhar may exchange his
land with the land of any other bhumidhar or any Gram Panchayat or a local authority. Exchange
under the Code can only be made after obtaining prior permission of the Sub-Divisional Officer in
writing.

Q.2B Discuss about the Right to bequest of Bhumidhar with transferable rights.
Answer- Right to bequest his interest by will [Section 107] -Section 107 provides that a Bhumidhar with
transferable rights may bequeath his interest in any holding by Will. This provision is subject to Section
107(2). It is to be noted that right to bequeath is only available to bhumidhar with transferable rights.

Q.2C Discuss about the Right to Surrender and Right to abandonment of Bhumidhar with transferable
rights?
Answer- Right to surrender [Section 118]- Surrender means to give up one's own interest in a holding. It
is a voluntary act of the bhumidhar. It provides that a bhumidhar may surrender his interest in any holding
or in any of its part by giving an application in writing to the Tahsildar intimating his intention to do so and
by giving up possession.
Right to abandonment [Section 122] -To abandon means to totally withdraw oneself from an object and
laying aside all care and concern for it. Land is declared as abandoned by the revenue authorities under the
Code due to the fault of the bhumidhar.

Q.2D Write down five Rights of Bhumidhar with non-transferable rights

Answer- The bhumidhar with non-transferable rights is second main tenure holder. He has rights inferior to
bhumidhar with transferable rights and superior to asami . Under this code he has the following rights-
5
i. Right to exclusive possession of land and use it [Section 79(2)]- A bhumidhar with non- transferable
rights shall have the right to the exclusive possession all land of which he is such bhumidhar and to use such
land for any purpose connected with agricultiure, horticulture, social forestry and animal husbandry which
includes pisciculture.

ii.Right regarding transfer-The interest of a bhumidhar with non transferable rights is not transferable but it
is heritable and permanent.
iii.Right to exchange [Section 101]- According to Section 101 a bhumidhar with non-transferable may
exchange his land with the land of any other bhumidhar or any Gram Panchayat or a local authority
iv.Right to sue for division [Section 116] - A bhumidhar with non transferable may sue for the division of
the holding of which he is a co-sharer and to every such Gram Panchayat concerned shall be made a party.

v.Right to surrender[ Section 118]- A bhumidhar with non transferable may surrender his holding or any
part. The application for surrender must be made to the tehsildar and a notice to the land management
committee.

Q.2E Write down five Rights of Asami.

Rights of Asami- Asami is the inferior most tenure-holder. His rights are neither permanent nor transferable
but are only heritable. Section 78 of the Code define who are asami. Rights of Asami as follows-

i.Right to use the land - An asami has, subject to the provisions of the Act, right to the exclusive possession
of all land comprised in his holding and use such of the land for any purpose connected with agriculture,
horticulture, animal husbandry, pisciculture or poultry farming.
ii. Right to let the land - An asami cannot let his holding but if he is an allottee of intermediary's sir or
khodkasht land in lieu of maintenance allowance, and he comes under disabled persons of Section 157 (1),
he can let out his land, such lessee shall be asami.
iii.Right to crops and tress on ejectment- An Asami has rights to remove the standing crops and tree
existing on the holding.

iv.Right to Surrender -An Asami may surrender his holding or any part. The application for surrender must
be made to the tehsildar and a notice to the land management.
V.Rights regarding rent-An Asami, on being admitted to the occupation of land, shall be liable to pay such
rent as may be agreed upon between him and his land-holder or the gram panchayat as the case may be.

Q.2F Discuss about the Rights of Government Lessee.

Answer- Rights of Government lessee- [section -147]-Every person who holds, any land on lease from the
State Government,whether such lease was granted before or after commencement of this code,shall be called
a government lessee in respect of such land. Further- Section-148 stated that every Government lessee shall
be entitled to hold such land in accordance with terms and conditions of the lease.
Section-149 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)he has used such land for any purpose other than that for which it was
granted.

6
 Lecture-3 Ejectment

Question-3 What is Ejectment ? What are the grounds of Ejectment ? Discuss in detail. What are the
remedies available for wrongful ejectment? [ 2015, 2017, 2019,2021,2023]

Q.3A What is ejectment Under U.P Revenue Code 2006?

Answer-The term "ejectment" has not been defined in the Code. But it can be defined as depriving aperson
from possession of land who holds it unauthorised or without any legal justification by the government
machinery and delivering its possession to the Gram Panchayat or local authority or to a person to whom the
land belongs.

Q.3B Which Classes of persons to be ejected under the Code?

Answer-The Code provides the following class of persons against whom proceedings for ejectment can be
sought, namely:

1. Ejectment of bhumidhar- (a) with transferable rights (b) with non- transferable rights.

2. Ejectment of asami.

3. Ejectment of persons holding land without title. [S. 134 ]

4.Ejectment of trespassers of Gram Panchayat land. [S. 136]

Q.3C Describe the procedure of Ejectment of bhumidhar with transferable rights.

Answer-The Code provides under Section 105(2)-When any transfer by bhumidhar in contravention of this
Code, it shall be void by the effect of Section 104 and the land shall be vested in the State Government and
then it shall be lawful and to direct that any person occupying such land or property he evicted for the Collector
to take over possession of such land and other property therefrom. But if the bhumidhar keeps his vacant for
the period of 10 or 20 years, he cannot be ejected . if he fails to pay the land revenue to the state government,
he cannot be ejected although his holding can be sold in realisation of arrears of land revenue.

Q.3D Write down the four conditions on which the ejectment of an asami is based.

Answer-

i. Where interest of the asami in the land has extinguished.

ii. Where the period of occupation of land has expired. It means, where an 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.

iii. Using land against the provisions of Section 84. This section gives exclusive possession of land within
his holding for any purpose connected with agriculture, i.e. if he is using the land for the purpose other
than agriculture.

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iv. 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 landholder within a period of 30days despite service of notice of demand.

Q.3E Write down the four Grounds on which Asami can be ejected.

i. If the asami either of gream panchayat or bhumidhar transfersbthe holding or its part thereof in
contravention of the provisions of the code, he is liable to ejected.

ii. The Asamis are allotted the land for purposes of cultivation of land to grow the crops or other
connected purposes to the agricultureas pisciculture, animal husbandry,poltry farming or piggery etc.
but not to do the taungya plantation on land only. If an asami use the land other than aforesaid purpose
he can evicted by land owner.

iii. If an asami was admitted on the land of public utility , he can be ejected on the completion of the
stipulated period or in violation of terms and condition of the lease or as lease was granted for the
year to year by the land management committee or any local authority.

iv. If an asami was or is let out the land for the purpose of taungya plantation and on account of planted
saplings the growing of crops becomes impossible , the asami can be ejected.

Q.3F Who Eject the trespassers on Gram Panchayat land ?

Answer-Where any person takes or retains possession of any land specified in sub-section (2) of Section 136
of the Code and if such possession is in contravention of the provisions of this Code and without consent of
the Gram Panchayat or the local authority, he shall be liable to be ejected by the Sub- Divisional Officer on
his own motion or on the application of the Gram Panchayat or other local authority, affording adequate
opportunity of hearing to such trespasser.

Q.3G What is the Remedies for Wrongful ejectment?

Answer -Remedies for wrongful ejectment [S. 137]-An Asami shall be entitled to possession of the land,
or for compensation for wrongful dispossession. The Asami has right to institute the suit before the court of
Sub divisional Officer claiming protection of land against illegal dispossession or seeking grant of
compensation against premature dispossession. However, the Asami has to establish his case through the
evidence indicating that his legal right has been illegally curtailed by the land owner or Gram Panchayat. In
case, Asami succeeds to prove wrongful dispossession from land, a decree shall be passed awarding
reasonable compensation in favour.

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Short Notes

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 LL.B. HONS. 7TH SEMESTER

LAND LAW (UNIT-II)

Syllabus-Classes of Tenure Holder, Rights of Tenure Holder , Ejectment

Question-1 Discuss in brief the classes of tenure Holder provided under U.P. Revenue code,2006.
[2013,2014,2017,2018]

Answer: Section 74 of the Code lays down the following classes of tenure holders namely - (a) Bhumidhar with transferable
rights (b) Bhumidhar with non-transferable rights;(c) Asami; and (d) Government lessee. 1.
Bhumidhar with transferable rights- Section 75 provides that Bhumidhar with transferable rights is the superior most
tenure-holder. His rights are permanent, transferable and heritable. According to Section 75 the following types of persons
shall be bhumidhar with transferable rights - (i) All the persons who were bhumidhars with transferable rights immediately
before commencement of the Code, i.e. 11 February 2016, and (ii) Every person who became bhumidhar with transferable
rights on or after the said date in the manner prescribed under the Code.

2. Bhumidhar with non-transferable rights- Bhumidhar with non-transferable rights is superior to an asami but inferior
bhumidhar with transferable rights. His rights are permanent and heritable but now transferable. As per Section 76 of the
Code the following types of persons shall called bhumidhar with non-transferable rights, namely-

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

(ii) Every person who is admitted as a Bhumidhar with non-transferable right on or after the said date by the Bhumi
Prabandhak Samiti to any land under or in accordance with the provisions of this Code;

(iii) Every person who is allotted any land on or after the said date under provisions of the Uttar Pradesh Bhoodan Yojna
Act, 1952;

(iv) Every person who is allotted any land on or after the said date under provisions of the Uttar Pradesh Imposition of
Ceiling on Land Hold Act, 1960 (v) Every person who was an asami in possession of land not covered by section 77
of this Code, immediately before the date of the commencement of this Code and had been recorded as such in class-3 of
the annual register (khatauni) of 1407 Fasli.

3.Asami- Asami , is the inferior most tenure-holder. His rights are neither permanent nor transferable but are only heritable.
As per Section 78 of the Code the following types of persons shall be called an Asami -

( i) Subject to the provisions of clause (dd) of sub-section (1) of Section 76 of this Code, every person who was an asami
immediately before the date of commencement of this Code;

(ii) Every person who is admitted as an Asami on or after the said date by the Bhumi Parbandhak Samiti to any land under
or in accordance with the provisions of this Code;

(iii) 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; (iv) 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.

4.Government Lessee- The last type of tenure-holder is Government Lessee. Every person to whom the land is let out by
the State Government is a Government Lessee in respect of such land. Section 147 defines Government Lessee as- 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. Further as per Section 148
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.

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Question-2 Describe the rights Tenure Holder and discuss the restriction on transfer of such rights?[ 2015,2021]
Answer-2 Rights of Bhumidhar with transferable rights- Bhumidhar with transferable rights is a superior type of tenure holders.
His rights are permanent ,heritable, and transferable. Section 75 states who shall bhumidhar with transferable rights.The Rights of
BWTR are as follows-

1.Right to exclusive possession of land ( Section-79(i))- a bhumidhar with transferable rights shall have the right to exclusive
possession of all land of which he is such a bhumidhar and to use it for any purpose whatsoever.

2. Right to get a declaration (Section-80)-a bhumidhar with transferable right is using holding or its part for industrial, commercial
or residential purposes, he may get declaration of the same to the effect .

3.Right to transfer [Section 88]-Bhumidhar with transferable rights has a right to transfer his interest by way of sale, gift, lease or
any other disposition however such right to transfer is not absolute and it should be in conformity with the provisions of this Code.

4. Right to lease- ( Section 94 )- any Bhumidhar to lease out his holding or any part thereof to any person, firm, company, partnership
firm, trust, society or any other legal entity for agriculture or for setting up a solar energy plant and such lease shall be known as the
private lease by a bhumidhar.

5. Right to exchange [Section 101 & 102]- According to Section 101 a bhumidhar may exchange his land with the land of any other
bhumidhar or any Gram Panchayat or a local authority. Exchange under the Code can only be made after obtaining prior permission of
the Sub-Divisional Officer in writing.

6.Right to bequeath his interest by will [Section 107] -Section 107 provides that a Bhumidhar with transferable rights may bequeath
his interest in any holding by Will. This provision is subject to Section 107(2). It is to be noted that right to bequeath is only available
to bhumidhar with transferable rights.

7.Right to succession [Section 108]

8.Right to sue for division [Section 116]- A bhumidhar may sue for the division of the holding of which he is a co-sharer and to every
such Gram Panchayat concerned shall be made a party.

9. Right to surrender [Section 118]- Surrender means to give up one's own interest in a holding. It is a voluntary act of the bhumidhar.
It provides that a bhumidhar may surrender his interest in any holding or in any of its part by giving an application in writing to the
Tahsildar intimating his intention to do so and by giving up possession.

10. Right to abandonment [Section 122] -To abandon means to totally withdraw oneself from an object and laying aside all care and
concern for it. . Land is declared as abandoned by the revenue authorities under the Code due to the fault of the bhumidhar.

11. Right to get declaration through declaratory suit [Section 144]-A declaratory suit is the suit in which the plaintiff requests the
court to declare legal status over any land. Section 144 deals with declaratory suits by tenure holders. .

Rights of Bhumidhar with non-transferable rights-

1. Right to exclusive possession of land and use it [Section 79(2)] 2.Right to make improvements [Section 87]
3. Right to mortgage [Section 92] 4.Right to lease (Section 94 & 95] 5.Right to exchange [Section 101]

6. Right to sue for division [Section 116] 7. Right to surrender Section 118] 8. Right to abandonment [Section 122]
9. Right to get declaration through declaratory suit [Section 144]

Rights of Asami- Asami is the inferior most tenure-holder. His rights are neither permanent nor transferable but are only heritable.
Section 78 of the Code states who all are asami. Rights of Asami as follows-

1. Right to exclusive possession of land and use it [Section 84] 2.Right to surrender [Section 119] 3.
Right to sue for possession and compensation –[section 137] 4.Right to file for fixation of rent[ Section-139] 5.Right
to get declaration through declaratory suit [Section 144]

Rights of Government lessee- [section -147]-Every person who holds, any land on lease from the State Government,whether such
lease was granted before or after commencement of this code,shall be called a government lessee in respect of such land. Further-
Section-148 stated that every Government lessee shall be entitled to hold such land in accordance with terms and conditions of the
lease.

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Question-3 What is Ejectment ? What are the grounds of Ejectment ? Discuss in detail. What are the
remedies available for wrongful ejectment? [ 2015, 2017, 2019,2021]
Answer-The provision for ejectment under the code have been provided in sections 130 to 137.

What is ejectment- The term "ejectment" has not been defined in the Code. But it can be defined as depriving a
person from possession of land who holds it unauthorised or without any legal justification by the government
machinery and delivering its possession to the Gram Panchayat or local authority or to a person to whom the
land belongs.
Class of persons to be ejected- The Code provides the following class of persons against whom proceedings for
ejectment can be sought, namely: 1. Ejectment of bhumidhar- (a) with transferable rights (b) with non-
transferable rights. 2. Ejectment of asami. 3. Ejectment of persons holding land without title. [S. 134 ] 4.
Ejectment of trespassers of Gram Panchayat land. [S. 136]
1. Ejectment of bhumidhar- General rule.-Section 130 provides that "no bhumidhar shall be liable to ejectment
from the land held by him except as provided by or under this Code".

a.Ejectment of bhumidhar with transferable rights- The Code provides under Section 105(2)-When any
transfer by bhumidhar in contravention of this Code, it shall be void by the effect of Section 104 and the land
shall be vested in the State Government and then it shall be lawful and to direct that any person occupying such
land or property he evicted for the Collector to take over possession of such land and other property therefrom.
b. Ejectment of bhumidbar with non-transferable rights- Under Section 85(1)-Where a bhumidhar with non-
transferable rights uses his holdings or part thereof for the purpose not connected with agriculture, he shall be
liable to ejectment from such holding or part thereof on the suit of the Gram Panchayat.
2. Ejectment of an asami (S. 131)- General rule, no asami shall be liable to ejectment from the land held by him,
except on the suit of the landholder or Gram Panchayat, which may be filed on one or more of the grounds given
under Section 131 of the Code. The grounds for eviction of an asami are as follows: a. Where interest of the
asami in the land has extinguished. b. Where the period of occupation of land has expired. It means, where an
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. Using land against the provisions of Section 84. This section gives exclusive
possession of land within his holding for any purpose connected with agriculture, i.e. if he is using the land for
the purpose other than agriculture. d. 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 landholder within a period of 30days despite service of notice of demand e.That
the asami has transferred the whole or part of the land held by him in contravention of the provisions of this Code.
3.Ejectment of persons holding land without title [S. 134]- Section 134 provides that 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
concerned, such person shalll be liable to ejectment on the suit of the bhumidhar or asami concerned.

4.Ejectment of trespassers of Gram Panchayat land [S. 136]- Where any person takes or retains possession of
any land specified in sub-section (2) of Section 136 of the Code and if such possession is in contravention of the
provisions of this Code and without consent of the Gram Panchayat or the local authority, he shall be liable to be
ejected by the Sub- Divisional Officer on his own motion or on the application of the Gram Panchayat or other
local authority, affording adequate opportunity of hearing to such trespasser.

Remedies for wrongful ejectment [S. 137]

An asami shall be entitled to possession of the land, or for compensation for wrongful dispossession.