Unit – III Tenancy Reforms

NOTE
Students are advised to go through or refer
books, Acts, materials, Lectures delivered in
the class for other topics which are not
contained in this PPT on this Unit.
 LAW RELATING TO TENANCY REFORMS

Majority of intermediaries (Zamindars, Jagirdars,
Mirasdars, Inamdars or Mahalwars in different
places) enjoyed the fruits of agriculture carried
on in the lands under their control, but they
never cultivated the lands themselves.
This phenomenon could be called the “Absentee
landlordism” whereby the landlord did not
personally cultivate the land.
The persons who actually cultivated the land
were only entitled to uncertain and variable
shares in the harvest.
The tenures of the tenancy were not secure,
certain and protected.
One of the important objectives of the land
reforms in India has been the protection of
rights and interests of tenants by whatever
name they have been called.
Position in Andhra Area: Till 1950, the
main forms of land tenures in force in the
coastal Andhra were Zqamindari, Inamdari
and Ryotwari.
In Telangana, they had been the Jagirdari and
Diwani.
The Zamindars enjoyed vast powers to enhance
the rent, dispose of the waste and community
land and also to evict a peasant refusing to
accede to their terms, unilaterally.
According to the Act, the Zamindars were
divested of the right to collect rents from
peasants, and occupancy peasants were granted
permanent proprietary rights to the lands they
cultivated under a ‘ryotwari settlement’.
Absolute proprietary rights were conferred on
Zamindars, for personal cultivation, in respect
of hundred of acres of lands called ‘seri’ lands
resulting in large scale eviction of existing
tenants.
Position in Telangana Area: The abolition of
intermediaries in this area was accomplished
after an armed struggle by peasants with the
slogan of “land to the tiller”.
The cultivators were known as ‘Shikmidars’
who held a ‘patta’. They were also called
‘pattadars’.
They usually leased out the land to sub-
tenants known as ‘asami-shikmi’ who were
‘tenants at will’ without any legal rights over
the land or any protection against eviction.
There existed several types – such as ‘jagirs
pargas’ and ‘Samsthanams’ occupying about
30% of total land area.
The large Jagirs and Pargas were similar to
States within the State, having their own
police, revenue, civil and criminal justice
systems. – They collected higher rents.
The ‘Deshmukhs’ who was collectors of taxes,
also amassed large tracts of land by dubious
means.
So were the village chiefs like ‘patels, patwaris
and mali-patels’.
Tenancy legislation in Andhra Pradesh:
The AP (Telangana Area) Tenancy and
Agricultural Lands Act, 1950.
The AP (Telangana Area) Tenancy and
Agricultural Land Act, 1950:
The major objective of this Act is to confer
ownership rights to the protected tenants. In
addition to it, it envisages -
(i) Regulation of the relations of landlords &
tenants of agricultural lands
(ii) regulation of alienations of land
(iii) prevention of excessive sub-division of
agricultural holdings and
(iv) provision for registration of co-operative
farm; and
(v) empowering Government to assume in certain
circumstances management of agricultural lands.
It is said to be one of the best pieces of
legislation in the Country
The Act has come into force w.e.f. 10-06-1950
The Act consists of 104 Sections spread over
11chapters
Sec. 2 provides for various definitions such as -
agriculture, land, protected tenant, reasonable
rent, tenancy, tenant etc. The Act classifies
tenants into ordinary and protected tenants.
.
KINDS OF TENANTS: The Act classifies tenants
into ordinary and protected tenants.
Tenant (Sec.5): A person lawfully cultivating
any land belonging to another person will be
deemed to be a tenant, unless such cultivator is
member of the landholder’s family, or a servant
on wages or a mortgagee in possession. It
includes even a sub-tenant cultivating any land
belonging to another person on the day the Act
came into force.
PROTECTED TENANCY: A person is deemed to be a
PT in respect of a land, if he has held such land
continuously for a period of not less than 6 years –
(i) Being a period wholly included in the Fasli year
1342 to 1352 (both years inclusive); or
(ii) Immediately preceding the 1 st Jan.1948; or
(iii) Commencing not earlier than the 1 st day of Fasli
year 1352 (6-10-1943) and completed before the
commencement of this Act and he must have
personally cultivated the land during such period.
Rights of Protected Tenants (PT):
 Right to recover the possession of the land (Sec.36)
 Right to be declared as PT by competent officer
(Sec.35) and 37-A
 Right to purchase the land (Sec.38)
 Right to exchange land (Sec.39)
 Right to inherit the land (Sec.40)
 Right to compensation for improvements made
by him (Sec.41)
 Right to erect a farm house on the land
(Sec.42); and
 Right to mortgage or to create charge on his
interest in land as security for loan (Sec.43)
Rights of Tenants:
Right to hold the land in tenancy till the expiry
of the period of lease (Sec.19)
Right to have first option for purchasing the
site on which the tenant has a built up
dwelling house at a value determined by the
Tribunal (Sec.21)
Right to claim compensation as determined by
the Tahsildar in respect of plants or trees
planted by the tenant in case of termination of
lease, and right to enjoy the produce and weed
of such trees, upto two thirds of the total
produce during continuation of tenancy (Secs.
23 and 24)
Right to recover expenses from the land
holder in respect of construction maintenance
or repair of protective bunds etc.
Right to receive a receipt for the amount of
rent
Right to become a member of the co-
operative farming society and consequential
right to sub-let, assign, mortgage etc.
Right not to attach or sell the land in lease in
execution of a decree
Right to possession of land or dwelling house
by applying to the Tahsildar
Duties of Tenant:
Duty to maintain and repair boundary marks
of the land
Duty to obey any order of the Govt. directing
to undertake construction, maintenance etc.
and to pay the costs therefor.
Duty to pay betterment contribution and
inclusion fees imposed by the Govt.
Duty to pay arrears of rent to the landholder
Duty not to sub-divide or sub-let or assign
any interest in the land under tenancy.
A lease must be made in writing:
A copy of lease agreement may be filed in the
office of the Tahsildar within 30 days from the
date of execution of such lease.
Rights of PT:
Right to recover possession at the
commencement of the Act by intimating his
willingness to hold the land to the landholder
within 6 months of the said commencement.
Right to purchase the land under tenancy by
offering a price upto 15 times for dry lands or
8 times for wet lands, irrigated by wells and 6
times of wet lands irrigated by other sources,
of the rent payable by the tenants.
Right to certificate of grant in respect of land
belonging to the landholder who relinquishes his
interest without receiving any consideration limited
to the extent of 3 family holding including the land, if
any, owned by the PT.
Right to ownership of lands where the Govt. may so
declare by notification in AP Gazette
Right to pass on the rights of a protected tenant by
succession to his heirs.
Right to claim compensation for improvements made
Right to restore possession on the termination of
tenancy where the landholder fails to cultivate the
land within 1 year from the date of resumption of
possession by the landholder or where the landholder
having commenced such cultivation discontinues the
same within 10 years of the said date.
Rent: Any consideration, in money or kind or
both – but not in terms of service or labor
Rent shall be that as agreed upon between
the tenant and landholder
Reasonable rent shall be in no case exceed
1/4th in the case of irrigated land except land
under wells, and 1/5th in cases of all other
classes of land, of the value of the average
annual produce of the land excluding fodder,
during the 3 years immediately preceding the
year in which the dispute arises. This
reasonable rent so fixed shall be in force for a
period of 5 years from the date of the
Tribunal Order.
TERMINATION OF TENANCY:
Termination by tenant – by surrender of his
rights.
Termination by landholder:
 When the tenant has failed to pay in any year
within fifteen days from the day fixed under
the AP (TA) Land Revenue Act, 1317 Fasli
 The tenant has done any act which is
destructive or permanently injurious to the
land.
 Where the tenant has sub-divided the land, or
has sub-let or failed to cultivate the land
personally or has used for a purpose other
than agriculture;
No tenancy shall be terminated unless the