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NOTE NO.
1 II SHRI SAI II
LAND LAWS
(© ALL RIGHTS RESERVED – No part of this notes may be reproduced,

stored in a retrieval system, or transmitted, in any form or by any means,
electronic, mechanical, photocopying, recording or otherwise without the
prior permission of the author)
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MAHARASHTRA RENT CONTROL ACT, 1999
DEFINITION OF LANDLORD –
"Landlord means any person/ who is for time being/ receiving or

entitled to receive rent,/ in respect of any Premises/ on his account or on
behalf of/ or for the benefit of other person/ or as a trustee, guardian or
receiver/ who would receive the rent or/ be entitled to receive the rent/ of
the Premises,/ let to the Tenant".
DEFINITION OF TENANT –
Tenant means any person/ by whom or on whose account/ rent is

payable for the Premises and include such persons-
i. who is Tenant or
ii. who is a deemed Tenant or
iii. who is a sub-Tenant, as permitted under the contract or by the

consent of Landlord or
iv. who has derived title under a 'Tenant' or
v. to whom interest in Premises has been transferred as

permitted
Q Discuss the Grounds under which Landlord may recover

possession from the Tenant.
OR
When Landlord may recover possession from the Tenant?
OR
What are the various Grounds available to Landlord to evict his Tenant
under Section 16 of Maharashtra Rent Control Act, 1999?
SAI LAW ACADEMY LAND LAWS © ALL RIGHTS RESERVED
1
A INTRODUCTION-
The Landlord is entitled to recover the possession of any Premises

from the Tenant on the following Grounds u/s 16 of Maharashtra Rent
control Act, 1999
GROUNDS OF EVICTION-
1. SECTION 16 (I)(a)-
Any Landlord shall be entitled to recover possession of any Premises

if the Court is satisfied that the Tenant has committed any act contrary to
the provisions of section 108 of Transfer of Property Act, 1882 (Breach of
Contract) (Section 108 – Rights and liabilities of lessor and lessee)
2. SECTION 16 (I) (b) –
That the Tenant had without Landlord's consent, given in writing,

erected any permanent structure on the Premises.
3. SECTION 16 (I) (c) –
That the Tenant, his servant or person included by Tenant or any

person residing with the Tenant has been guilty of conduct which is
nuisance or annoyance to the neighbouring occupier or
has been guilty of using the Premises or allowing the Premises to be

used for illegal or immoral purpose.
4. SECTION 16 (I) (d) –
That the Tenant has given notice regarding leave the Premises and
due to that notice, the Landlord has contracted to sell or let the Premises
and has taken a result of which he would, in the opinion of the Court, be
seriously prejudice if he could not obtain possession of the Premises
5. SECTION 16 (I) (e)-
That the Tenant has unlawfully sub-let or given on license, the whole
or part of the Premises.
6. SECTION 16 (I) (f) –
That the Premises were let to the Tenant for a uses of a residence by
reason that he (Tenant) is in service or employment to the Landlord and
that the Tenant has ceased such service or employment of Landlord.
2
7. SECTION 16 (I) (g)-
That the Premises are reasonably and bonafide required by the

Landlord for occupation by himself or for the benefit of any person.
8. SECTION (I) (h)-

Landlord for carrying out repairs, which cannot be carried out without the
Premises being vacated.
9. SECTION (I) (i)-

Landlord for the immediate purpose of demolishing for the purpose of
erecting a new building.
10. SECTION (I) (j)-
That the Premises are let on the terrace of a building by the Landlord
and if the Landlord wishes to demolish the Premises for the purpose of
raising of floors on such terrace.
11. SECTION 16 (I) (k)-
That the Premises is required for immediate purpose of demolishing

order by any Municipal Authority or other competent authority.
12. SECTION 16 (I) (l) –
That where the Premises are land in the nature of garden or ground
belonging to the building or park of building and such land is required by
Landlord for erection of new building for which Municipal Authority
permitted him to build thereon.
13. SECTION 16 (I) (n)-
That the Premises have not been used without reasonable cause for
the purpose for which it were let for a continuous period of 6 months,
immediate presiding the date of suit.
SECTION 16 (II)-
Decree of Eviction shall not be passed on the ground of Section 16 (I)

(g) for the personal bonafide requirement unless the Court is satisfied
whether other reasonable accommodation is available for the Tenant.
3
SECTION 16 (III) –
A Landlord shall not be entitled to recover the possession of any

Premises, if the Premises are let to the Central Government in a
Cantonment area and such Premises are being used for residence of
member of armed forces of Union and their families.
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Q Write a short note on "RECOVERY OF POSSESSION FOR

DEMOLISHING BUILDING"
A "RECOVERY OF POSSESSION FOR DEMOLISHING

BUILDING" (Section 19)
AS PER SECTION 19(1), where a Decree of Eviction has been

passed by the Court in favour of Landlord for demolishing the building
and the work of demolishing has not been started by the Landlord within a
mentioned period,
the Tenant may give notice to the Landlord of his intention to occupy
the Premises from which he has been evicted and if the Landlord does not
deliver to him the vacant possession of the Premises, the Tenant can make
an application in the Court within 6 weeks from the date on which he
delivered vacant possession of the Premises to the Landlord.
AS PER SECTION 19(2), if the Court is satisfied that the Landlord

has not really started the work of demolishing the Premises within the
period of 1 month with the Landlord's undertaking, the Court shall
ordered the Landlord to deliver the vacant possession of the Premises to
the Tenant on the same terms and conditions before the Eviction.
On such order of the Court, being made, the Landlord shall delivered
vacant possession of the Premises to the Tenant.
AS PER SECTION 19(3), any Landlord who recovers possession

from the Tenant and fails to carry out any undertaking or fails to comply
with the order of the Courts,
be punishable for a term up to 30 days Imprisonment or with a fine

up to Rs. 5000/- or both.
4
Q. Write a short note on – "RECOVERY OF POSSESSION FOR
REPAIRS AND RE-ENTRY" (Tenants right)
A "RECOVERY OF POSSESSION FOR REPAIRS AND RE-ENTRY"

(Section 17)
AS PER SECTION 17(1), the Court shall, when passing a Decree on

the ground specified in Section 16(I)(h) that is possession for repairs,
ascertain from the Tenant whether he elects to be place possession of the
Premises or part thereof from which he is evicted and if the Tenant so
elects, the Court shall record the fact of the election in Decree and specify
the date on or before which he(Tenant) shall deliver possession which
enable the Landlord to start the work of repairs.
AS PER SECTION 17(2), if the Tenant delivers possession on the

mentioned date or before that the Landlord shall 2 months before the date
on which the work of repairs is likely to be completed, give notice to the
Tenant on the date on which the said repairs shall be completed.
Within 30 days from the date of receipt of such notice, the Tenant
shall intimate to the Landlord regarding his acceptance of the possession
offered and deposit rent of 1 month to the Landlord. If the Tenant gives
such intimation and makes the deposit, it is a duty of Landlord to deliver
the possession to the Tenant after the completion of the repairs.
If the Tenant fails to give such intimation and fails to deposit the rent,
the Tenant's right to occupy the Premises, shall terminated.
AS PER SECTION 17(3), if, after the Tenant has deliver possession
on or before the date specified in the Decree and the Landlord -
i. fails to start the work of repairs within 1 month of the

specified date or
ii. fails to complete the work within a reasonable time or
iii. fails to deliver possession to the Tenant after completion of

the repairs, the Court may, on the application of the Tenant
made within 1 year of the specified date, order the Landlord
to deliver the possession of the Premises which evicted for
repairs or if the Landlord or any person who is in possession
of that Premises,
the Court may order that the Landlord shall give the vacant
possession of the Premises to the Tenant.
5
AS PER SECTION 17(4), any Landlord without a reasonable excuse/ case
–
i. fails to start the work of repairs after the Eviction of the

Tenant or
ii. fails to deliver the possession to the Tenant after repairs or
iii. fails to comply the order of the Court,
shall be punishable with the Imprisonment for a term which may

extend to 3 months or with a fine which may extend to Rs.1000/- or with
both.
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Q What are the Remedies of Tenant when the Landlord cuts or

withhold essential services?
OR
Write a note on – "Landlord not to cut-off or withhold supply or

essential services"
OR
How will Tenant proceed to take actions against such Landlord

who cuts or withholds essential services.
OR
Write a note on, "Discontinuance of supply or essential services"
OR
Write a note on, "Cut of supply of essential services"
A LANDLORD NOT TO CUT-OFF OR WITHHOLD ESSENTIAL

SUPPLY OR SERVICES (Section 29)
SECTION 29(1) –
Landlord either himself or through any person acting on his behalf

shall not without just or sufficient cause, cut-off or withhold an essential
supply or services enjoyed by the Tenant in respect of Premises let to him.
6
SECTION 29(2)-
A Tenant in occupation of the Premises may, if the Landlord has

breach the provisions of above section 29(1), make an application to the
Court for a direction to restore such supply or services.
SECTION 29(3)-
Regards to the circumstances of a particular case, the Court may if

satisfied that it is necessary to pass an interim order, directing the Landlord
to restore the essential supply or services before the date specified in order,
before giving notice
(Court's Notice) to the Landlord of enquiring in the application or

during the pendency of such enquiry.
If the Landlord fails to comply with such interim order of the Court,
the Landlord shall be liable to the penalty.
SECTION 29(4)-
If the Court on enquiry, finds that the Tenant has been in the
enjoyment of the essential service or supply withheld or cut-off by the
Landlord without just and sufficient cause, then the Court shall make an
order that the Landlord restore such supply or services before a date
mentioned in the order.
Any Landlord fails to restore the supply or services before the

mentioned date, shall for each day during which the default continues
thereafter be liable upon further directions of the Court to which fine may
extend up to Rs.100/-
SECTION 29(5)-
Any Landlord who contravenes the provisions of Section 29(1), shall

on conviction, be punishable with Imprisonment for a term which may
extend to 3 months or with fine which may extend up to Rs.1000/- or with
both.
SECTION 29(6)-
An application, jointly by all or any of the Tenants of the Premises

situated in the same building, is allowed.
ESSENTIAL SERVICES AND SUPPLY includes supply of water,

electricity, lights in passage and staircases, lifts or sanitary services. It also
7
includes essential supply or services is cut-off or withheld by the Municipal
Authority or any other competent authority.
SECTION 29(7)-
Without prejudice to the provisions of above Section 29 (1) to (6),

where the Tenant who has been enjoyment of an essential supply or
services, has cut-off or withheld and who desires to have at his own cost
other essential supply or service for the Premises in his possession, then the
Tenant may apply to the Municipal or any other Authority in this behalf,
for the permission of supply or service and it shall be lawful for that
authority to grant permission, for that without insisting on production of,
"No Objection Certificate" from the Landlord by such Tenant.
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Q Write a short note on "LANDLORD TO INTIMATE TO TENANT

THE DATE OF COMPLETION AND TENANT'S RIGHT TO
OCCUPY THE PREMISES IN NEW BUILDING"
A "LANDLORD TO INTIMATE TO TENANT THE DATE OF

COMPLETION AND TENANT'S RIGHT TO OCCUPY THE
PREMISES IN NEW BUILDING" (Section 21)
AS PER SECTION 21(1)-
The Landlord shall not less than 3 months before the date, on which
erection of new building is likely to be completed, intimate to the Tenant
the date on which the said erection shall be completed.
On the said date, the Tenant shall be entitled to occupy the Premises
assigned to him by the Landlord.
If the Tenant fails to occupy the Premises within a period of 1 month

from the date on which he is entitled to occupy the said Premises then the
Tenant's right to occupy the said Premises shall terminate and Landlord
shall be entitled to recover from the Tenant a sum equal to 3 times of the
amount of monthly rent of the Premises.
If the Landlord fails to comply with the provisions of above section

21(1) or fails to deliver the possession of the Premises in new building, he
8
shall punishable with Imprisonment for a term which may extend to 3
months or fine which may extend up to Rs. 5,000/- or with both.
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Q When Members of Armed Forces, Scientist or Government Servant

or their Successor- in – interest are entitled to recover possession of
Premises required for their occupation?
A AS PER SECTION 23-
A Landlord-
i. who is member of Armed forces of Union or who was such a

member and has retired or
ii. who hold the scientific post in the department of Atomic

Energy of the Central Government or who was in that post
and has retired as a such or
iii. who is an employee of Government of India or any State

Government or was an employee and has retired, shall be
entitled to recover from his Tenant the possession of any
Premises owned by him on the ground that such Premises are
bonafide required by him for occupation for himself for any
member of his family, by making application to the
Competent Authority for the purpose of recovery of
possession of his Premises, then the Competent Authority
shall make an order of Eviction on that ground, IF –
a. a Landlord who is member of Armed Forces of Union,

produces a Certificate, signed by the authorised officer
that he is a member of armed force of union or was such a
member and has retired as such and he does not have any
suitable Premises for residence in the local area or
b. in case of a Landlord who is scientist and he produces

certificate signed by officer of the department of Atomic
Energy that he is presently working at scientist post in the
said department or he was working for such post and has
now retired and he does not have any other suitable
Premises for residence in the local area or
c. in case of Landlord who is Government Servant or was a

Government Servant and has now retired, produces
Certificate signed by the head of the department of the
9
public sector that he is presently holding the post in that
department or he was working as Government servant and
has now retired as such and he does not have any other
suitable Premises for residence in the local area.
That means in such cases after producing a certificate hereinabove

mentioned by the Landlord to the competent authority, thereafter a
Competent Authority shall pass an order of an Eviction of the Tenant.
SUCCESSOR-IN –INTEREST-
Successor-in-interest who becomes the Landlord of the Premises

owned by any Landlord due to the death of such Landlord who was
member of armed forces or scientist or Government servant, then the
Successor-in-interest shall be entitled to recover possession of such
Premises from any Tenant on the ground that such Premises bonafide
required to the Successor-in-interest for themselves or any member of
family of deceased Landlord, by making an application to the Competent
Authority for the purpose of recovery of possession of the Premises, then
Competent Authority shall make an order of Eviction on the ground if,-
10
NOTE NO. 2 II SHRI SAI II
LAND LAWS

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MAHARASHTRA RENT CONTROL ACT, 1999
Q. Explain the “Competent Authority” under the Act and its Power of
Summary Disposal of Matter.
OR
Write a Detail Note on – “Competent Authority”.
OR
Write a Detail Note on ‘ “Appointment of Authority”.
A “COMPETENT AUTHORITY” –
A Person to be appointed as “Competent Authority” shall be one –
1. who is holding or has held an Office which in the opinion of State

Government is not lower in rank than a Deputy Collector or
2. who is holding or has held a Post of Civil Judge Junior Division or
3. who has been an Advocate enrolled under Advocates Act, 1961 not
less than 5 Years.
 APPOINTMENT OF “COMPETENT AUTHORITY” –
The State Government may appoint one or more Persons to be called

as, “COMPETENT AUTHORITY” for the purpose of exercising the
Powers conferred and for performing the Duties imposed on him, under
the Maharashtra Rent Control Act, 1999.
One or more such Competent Authority may be appointed for one or

more Local Areas.
1
 APPLICATION TO COMPETENT AUTHORITY BY LANDLORT
TO EVICT TENANT OR LICENSEE –
A Landlord may submit an Application to the Competent

Authority, signed and verified as per Order 6, Rule 14 & 15 as if it is a
Plaint and to the Competent Authority having Jurisdiction in the area
in which the Premises are situated for the purpose of Recover of
Possession of Premises from the Tenant or Licensee.
 POWERS OF COMPETENT AUTHORITY AND SPECIAL

PROCEDURE FOR DISPOSAL OF AN APPLICATION UNDER
MAHARASHTRA RENT CONTROL ACT, 1999 –
1. Every Application by Landlord for the Recovery of Possession shall

be accompanied by Fees as may be prescribed and thereafter the
Competent Authority shall deals with the application.
2. The Competent Authority shall issue Summons in relation to every

application by R.P.A.D. When acknowledge signed by the tenant
then it is received by the Competent Authority or
If the Postal Employee have been made endorsement that the

tenant has Refused to take delivery of Summons/ Registered
Article.
The Competent Authority may Proceed to hear and decide the

application Ex-partee as it has been valid service of summons.
3. If the tenant, after service of summons by Registered Post shall not

Contest (Say) the Prayer for Eviction within 30 Days from the
service of summons and in default of appearance in realtion to
summons, the Statements made by the Landlord in the application
for eviction shall be deemed to be Admitted by the tenant and the
application i.e. landlord shall be entitled to an Order of Eviction
against tenant.
4. If the tenant or licensee filed his Defence (Say) with such real facts
then after hearing, the landlord would Disentitled from obtaining
an Order for the recovery of possession of the premises.
5. The Competent Authority shall while holding an Enquiry, follow

the Practice and Procedure of a Court of Small Cause Court
including the Record of Evidence.
2
But Civil Procedure Code, 1908 and Indian Evidence Act, 1872 are
not fully binding on the Competent Authority. They may also follow the
Principle of Natural Justice.
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Q. What are the Provisions regarding, “Jurisdiction of Court” under

the Maharashtra Rent Control Act, 1999.
A “JURISDICTION OF COURT” (SECTION 33) -
1. In Brihanmumbai, the Court of Small Causes established and
2. Elsewhere, the Court of Civil Judge Junior Division, having

Jurisdiction in the area in which the Premises are situated and if there is
not Civil Judge Senior Junior Division, then the Court of Civil Judge
Senior Division having Ordinary Jurisdiction.
The above mentioned Courts shall have jurisdiction to entertain or

to try Suits or Proceedings between the Two Parties i.e. Landlord and
Tenant and tenant relating to Possession of premises or Recovery of Rent
or to decide any application under the Maharashtra Rent Control Act,
1999 other than the application which are to be decided by the State
Government and the Competent Authority and no other court has
jurisdiction to entertain any Suit or Proceeding or application under the
Maharashtra Rent Control Act, 1999.
 SECTION 33 (2) (i) –
The District Court may, at any stage, withdraw any such Suit,
Proceeding or Application pending in the Court of Small Causes and
transfer the same for trial i.e. hearing and disposal (Judgment) to the
Court of Civil Judge Senior Division having ordinary Jurisdiction in such
area.
 SECTION 33 (2) (ii) –
Where any suit has been withdrawn under the above Section 33 (2)
(i), the Court of Civil Judge Senior Division , thereafter heard such suit
may either Re-tried/ re-hear or proceed from the stage at which it was
withdrawn.
SECTION 33 (2) (iii) –
The Court of Civil Judge Senior Division tries such Suit be deemed
to be the Court of Small Cause.
3
APPEAL (SECTION 34) –
An Appeal shall lie or prefer –
i. In Brian Mumbai, from the Decree or Order made by the Court of

Small Causes, exercising jurisdiction to a Bench of Two Judges of
the said Court which shall not include the Judge who made such
Decree or Order and
ii. Elsewhere, from a Decree or Order made by the Court of Civil

Judge Junior Division and also Civil Judge Senior Division in
ordinary Jurisdiction, exercising such Jurisdiction to the District
Judge/ Court.
 NO APPEAL SHALL LIE/ PREFER FROM –
i. A Decree or Order made in any suit or proceeding in respect of

which, “No Appeal lies” mentioned in CPC, 1908.
ii. A Decree or Order made in any suit in which the Plaintiff seeks to
recover Rent in respect of Premises and the amount or value of
Rent which does not exceed Rs. 10,000/-.
iii. Every Appeal shall be made within 30 Days from the Date of
Decree and Computing the Period of Limitation as per the
Indian Limitation Act, 1963.
iv. Further Appeal shall not be lie against the Decision of Appeal.
4
LAND LAWS

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BOMBAY TENANCY AND AGRICULTURAL LAND ACT, 1948
Q. Write Note on – “Agriculture” and ”Agriculturist”
* “AGRICULTURE” – (Section 2) –
“Agriculture” means and includes horticulture i.e. cultivation of

fruits and flowers, the growing of crops, grass or garden produce, the use
by an Agriculturist of the land and grazing of cattle.
The use of any land by Agriculturist of the land held by him and for
grazing of his cattle. The use of land to Rice or Paddy land but does not
include “allied persuits” or “cutting of woods”.
Mere feeding the Cattle with grass grown in the land would not be
agriculture. If an agriculturist cuts grass grown in the land and then feeds
his cattle with that grass, such use of the grass for the purpose of feeding
his cattle, would not be “Agriculture”.
“Allied Persuits”(Section 2 (2A)) includes Poultry Farm, Dairy

Farming, Breeding of livestock. These are incidents to agriculture but
itself not agricultural.
 AGRICULTURIST” (SECTION 2(2) –
“Agriculturist” means persons who Cultivate land personally.
The meaning of word “to Cultivate” (Section 2(5)) – “to cultivate”

means to till or to husbanding the land by loosening the soil and sowing
the seed for growing or improving agricultural produce by manual
labour and by means of cattle or machinery.
Tilling contemplates as to physical work generally by labour of the

person himself or hire labour.
1
Husbanding means taking care includes just as Spraying of pesticides,
pull-out useless grass in between the crops, etc.
Thus, “Agriculturist” means a person who cultivates land personally.
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 “TO CULTIVATE PERSONALLY” (SECTION 2(6)) -
As per Section 2(6) of this Act – “to cultivate personally” means to

cultivate land means on one’s own account –
i. by one’s own labour or
ii. by the labour of any member of one’s family or
iii. under the personal supervision of oneself or any member of one’s

family, by hired labour or by servants on wages payable in cash
or kind but not in crop share
 EXPLANATION NO 1. –
1. a Widow or
2. a person who is minor
3. a person who is subject to Physical or Mental Disability or
4. a Serving Member of Armed Forces,
shall be deemed to cultivate the land personally if such land is
cultivated by Servants or Hired Labour or through Tenants.
 EXPLANATION NO. 2 –
In case of Joint Family, the land shall be deemed to have been

cultivated personally if it is cultivated by any member of such family.
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 Write a short notes on – “Permanent Tenant and Ordinary Tenant”
A PERMANENT TNENANT (SECTION 2(10)(a)) –
According to Section 2(10)(a), Permanent Tenant means a Person –
A. Who immediately before the commencement of the Bombay

Tenancy and Agriculture Land (Amendment) Act, 1955 –
i. Holds land as “Mulgenidar” or “Mirajdar” or
2
ii. by Custom, Agreement or the Decree of Court or holds the land on
lease permanently or
B. the commencement or duration of whose tenancy cannot be

satisfactorily be proved by reason of Antiquity.
And includes a tenant whose name or the name of whose

Predecessor-in-title has been entered in the Record of Rights in any
Public Record or any other Revenue Record as “Permanent
Tenant”.
In other words, from the above Definition, it is says that Permanent

Tenant should be tenant who holds land as –
1. Mulgenidar or Mirasdar or
2. by Custom or
3. by Agreement or
4. by Decree of Court or
5. on Lease permanently or
6. the commencement and duration of whose tenancy cannot be

satisfactorily proved by the reason of antiquity or
7. whose name or the name of Predecessor-in-title has been entered in

Record of Rights as a Permanent Tenant.
The hereinabove mentioned tenants are called as “Permanent

Tenant”.
 ORDINARY TENANT (SECTION 2(18)) –
On the other hand, Section 2(18) defines the term “Tenant” i.e.
Ordinary Tenants as follows –
a. a person who is deemed to be a tenant u/s 4.
b. a person who is “Protected Tenant”.
c. a person who is Permanent Tenant.
3
Q. Write a Note on – “Management of Estate by State Government”
OR
Write a Note on – “Management of lands by State Government

which remains uncultivated”
A MANAGEMENT OF ESTATE BY STATE GOVERNMENT/

MANAGEMENT OF LANDS BY STATE GOVERNMENT WHICH
REMAINS UNCULTIVATED (SECTION 65) -
1. If it appears to the State Government that for any two consecutive

years, any land is remained uncultivated or the full use of land has
not been made for the purpose of agriculture, by the default of the
holder or any other cause which is not beyond his control, the State
Government may after making such enquiry as it thinks fit declare
that such land shall be assumed.
The declaration so made by the State Government shall be

Conclusive.
2. After the assumption of Management by the State Government,

such land shall vest to the State Government during continuance of
the management and the provisions of Chapter 4 of this Act is
applicable to this land (Chapter IV – Management of Estates
(Agriculture Land) held by landlords).
3. The State Government shall appoint a Manager to be in charge of

such land. The Manager shall be deemed to be a “Public Servant”.
The Manager shall during the management of the estate have

all Powers which the holder thereof have exercised.
The Manager may in suitable cases, give such land on Lease at

Rent equal to the amount of its Assessment (tax).
4 If the management of the land has been assumed by the State

Government, on account of the default of tenant, such tenant shall
ceased to have any Right or Privilege in respect of such land with
effect from the date from which such management of land has been
assumed by the State Government.
In other words, when the State Government is satisfied that on

account of neglect of landlord or dispute between him and his
tenants, there is no cultivation of land and the land has seriously
4
suffered and when it appears to the State Government that it is
necessary to assume the management of land, then the Collector
shall cause a notice at the convenient places in the locality where
the agriculture land is situated..
So long as, the management continues, no fresh Proceeding,

Execution or Attachment shall be instituted in any Civil Court in
respect of such land.
On the Order of management, the Manager shall issue Notice,

calling upon all persons having claims against the land under the
management, to notify the same in writing to such manager, within
2 months from the date of the Order of Management.
The State Government when it is of opinion that it is not

necessary to continue the management of estate, by Order, direct
that the said management shall be terminated and the land shall be
delivered into the possession of the holder.
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Q. What is “Tiller’s Day?” Explain the Procedure when the tenant

deemed purchase of the land.
OR
What is “Tiller’s Day?” Under what circumstances, it is postponed”

and what is its effect?
OR
When is the tenant deemed to have purchased land on Tiller’s Day?
A INTRODUCTION -
“The Tiller’s Day” is an important provision of the Bombay Tenancy

and Agriculture Land Act, 1948.
Section 32 of the Act provides this important provision of Tiller’s Day.
Tenant is deemed purchaser on Tiller’s Day i.e. on 1st April, 1957.
5
 Tenants deemed to have purchased land on Tiller’s Day (Section
32) –
On the 1st day of April, 1957 i.e. Tiller’s Day, every tenant shall be
deemed to have purchased a land from his landlord, free from all
encumbrances subsisting thereon, the said day i.e. 1st April, 1957, the land
held by him as a tenant, IF –
a. such tenant is a permanent tenant thereof and cultivates land

personally
b. if such tenant is not a permanent tenant but cultivate the land on

leased personally –
i. the landlord has not given Notice of Termination of his

tenancy u/s 31
ii. Notice has been given u/s 31 but landlord has not applied to
the Mamlatdar on or before 31st March, 1957, u/s 29 for
obtaining possession of the land or
iii. The landlord has not terminated his tenancy on any of the
grounds specified in Section 14 or has so terminated the
tenancy but has not applied to the Mamlatdar on or before 31st
March, 1957, u/s 29 for obtaining possession of the land. If
the application made by the landlord u/s 29 for obtaining
possession of the land has been rejected by the Mamlatdar or
Collector in Appeal or in Revision by the Maharashtra
Revenue Tribunal,
the tenant shall be deemed to have purchased land on

the date on which the Final Order of Rejection is passed, is
hereinafter referred to as “Postponed Date”.
 Deemed Purchase on 1st April, 1957 -
1. PERMANENT AND ORDINARY TENANT –
They were in possession of such tenanted land and cultivate the land
personally on Tiller’s Day and before that No Termination Proceeding
was pending before either Mamlatdar or Collector or Agriculture Land
Revenue Tribunal,
then such tenant are deemed purchaser on 1st April, 1957 i.e. on
Tiller’s Day and they have Right to purchase land u/s 32(g).
6
2. Tenant who has been Wrongfully Dispossessed before 1st April,
1957 but filed an Application u/s 29 and the application of tenant is
allowed finally,
then he is deemed purchaser on 1st April, 1957 i.e. on tiller’s

day and they have Right to purchase land u/s 32(g).
The provisions under this Section 32, makes it clear that if an

Application made by the landlord is rejected by the Collector in
Appeal or in Revision by Maharashtra Revenue Tribunal, then the
tenant shall be deemed to have purchase on the date on which Final
Order of Rejection is passed, therefore if on 1st April, 1957 i.e.
Tiller’s Day and Application u/s 29 by the landlord to the
Mamlatdar or Appeal to Collector or Revision is pending then only
the Tiller’s Day may be Postponed in respect of that particular
tenant only.
3. Where a tenant, on account of his Eviction from the land by the

landlord before 1st April, 1957, is not in possession of land on the
said date but has made or makes an Application for Possession of
Land u/s 29 and if the application is allowed by Mamlatdar or
Appeal by Collector or Revision by Maharashtra Revenue
Tribunal, then the tenant shall be deemed to have purchased the
land on the date on which the Final Order allowing the application
is passed.
4. If such tenant not made an application for possession within period

specified or if the Application is made but Finally Rejected and if
the land is held by any other person as a tenant, on the expiry of the
said period or on the date of Final Rejection of the application, such
other person shall be deemed to have purchase the land on that
date.
7
Q. “The Tenant is deemed to have purchase the land on Tiller’s Day”
– Clarify with EXCEPTION to this Rule.
OR
“The Tenant is deemed to have purchase the land on Tiller’s Day”

– Critically examine this proposition with Special Reference to the
LIMITATIONS thereto.
A INTRODUCTION –
WRITE HERE MEANING OF “TILLER’S DAY”
 EXCEPTION TO THIS GENERAL RULE - “The Tenant is deemed

to have purchase the land on Tiller’s Day” OR
 In the following Cases, the tenants are not deemed to have

purchase land on tillers Day -
1. Where the tenancy of a tenant is terminated by the landlord by due

Notice u/s 14 and 31 and an Application for Possession is made by
landlord to the Mamlatdar on or before 31st March, 1957, till the
application is decided in favour of tenant finally, he cannot avail of
the provision of Section 32 i.e. Tiller’s Day. He can avail only after
Final Decision in his favour.
2. Where the landlord suffers from any Disabilities, mentioned in

Secion 31(3). The Tenant is not deemed to have purchase land until
the expiry of 1 year from the date of cessation of Disability of
landlord.
3. Where the tenant suffers from any Disabilities, the Tenant is not
deemed to have purchase land until the expiry of 1 year from the
date on which his disability comes to an end.
4. When tenant is dispose of land before 1st April, 1957 and applied for
Restoration u/s 29 within the period of limitation, he is not deemed
to have purchase the land until such application is decided Finally
in his favour.
5. When Land which is governed by Section 43 (A) i.e. –
i. Land obtained by Industrial or Commercial

Undertakings.
ii. Co-operative Societies for Cultivation of Sugarcane,
Fruits or Flowers, etc.
8
iii. For Municipal or Cantonment Area.
iv. Government Land.
v. Land of Local Authority, Universities or Trust.
in such case, the tenant does not acquire Occupancy Right and not
deemed purchase such land on Tiller’s Day.
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Q. Explain the various grounds on which landlord can recover

possession of his land from his tenant under Bombay Tenancy and
Agricultural Land Act, 1948.
OR
Write a Note on – “Landlord’s Right to terminate Tenancy”
A INTRODUCTION –
Under Bombay Tenancy and Agricultural Land Act, 1948, a

Landlord can terminate the tenancy for Recover Possession of his land
from his tenant on any of the following GROUNDS –
 TERMINATION OF TENANCY FOR DEFAULT OF TENANT

(SECTION 14) –
The Tenancy of any land shall be terminated, if the Tenant –
1. has failed to pay the Rent of any Revenue Year or
2. has done any act which is destructive or permanently Injurious to

the land or
3. has Sub-divided or Sub-let a land or
4. has failed to Cultivate it personally or
5. has used such land for the purpose other than Agriculture or Allied
Persuits and
the landlord has to give 3 Months Notice in writing informing the

tenants of his decision to terminate the tenancy and the Ground.
If within 3 Months, the tenant remedies the breach then the landlord
cannot recover possession from the tenant. But he can recover it if the
tenant has failed to remedy the breach within 3 months.
9
 IN DETAILS –
 Where the tenancy of any land held by any tenant is terminated for
non-payment of Rent and the landlord files any proceeding to evict
the tenant, the Mamlatdar shall call upon the tenant to tender the
landlord, the Rent in arrears together with costs of proceeding. If
the tenant fails to do so, his tenancy is terminated.
 If by Destruction, damage is caused to the agriculture land by the

act of tenant whereby the productivity of such land is affected
permanently then the landlord can evict the tenant on this ground.
 Sub-letting is allowed only in certain circumstances i.e. if the tenant

is Widow, Minor, Person subject to Physical or Mental Disability
or a Member of Armed Forces, otherwise tenancy is liable to
terminate if the land is Sub-let in contravention of Section 21. Even
if a part of land covered by a Contractual tenancy is sub-let, tenancy
as a whole will be liable to be terminated.
Sub-division of land is allowed in certain circumstance, if such

division is made by the Order of Competent Court then it is allowed
otherwise if the Sub-division of land is made in contravention of
Section 27 then its result in termination of the tenancy.
 The tenancy may be terminated for default of tenant u/s 14, if the
tenant has failed to cultivate land personally i.means failure to
cultivate. In termination of tenancy, if the tenant could not cultivate
the land for a reason beyond his control, he cannot hold to have
failed to cultivate the land personally. FOR EXAMPLE – Tenant
Physically disabled.
 Where a landlord is or has ceased to be serving Member of Armed

forces and if such landlord is dead, his Widow, Son, Son’s Son,
Unmarried Daughter, Father and Mother has a right to terminate
the tenancy of any land and obtained possession thereof subject to
certain circumstances.
 A landlord may terminate the tenancy of tenant in respect of land by

giving a tenant 3 months Notice in writing if the landlord required
the land for any non-agricultural purpose. FOR EXAMPLE – to
construct a bunglow, etc.
10
 APPLICATION FOR POSSESSION –
An Application to the Mamlatdar for possession of the land has to be

filed by the landlord within two years from the date of cause of action u/s
29. The 3 months Notice be given in time so as to enable the landlord to
file Eviction Application within a time prescribed as limitation.
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Q. Write a Short note on – “Termination of Tenancy by Surrender”
A “TERMINATION OF TENANCY BY SURRENDER”

(SECTION 15) –
* INTRODUCTION –
Tenancy is the relationship of the person as landlord and tenant.

This relationship comes into existence after a Lease is created and
continues till it is terminated by the act of the parties or under the
provisions of law. The termination of tenancy is a process whereby the
relation of landlord and tenant comes to an end.
U/s 15 of Bombay Tenancy and Agriculture Land Act, 1948, a

tenancy is terminated by Surrender by tenant also.
 PROCEDURE OF TERMINATION OF TENANCY BY

SURRENDER (SECTION 15) –
1. A tenant may terminate the tenancy in respect of any land in favour

of landlords, but such surrender must be in writing and verified
before the Mamlatdat in the prescribed manner.
2. When a tenant surrenders his tenancy land, the landlord shall be

entitled to retain the land so surrender for his like purpose.
3. Then according to Section 15, the Mamlatdar shall in respect of the

surrender, hold an enquiry and decide the landlord is entitled to
retain the land.
 VALID SURRENDER AND EFFECT OF INVALID SURRENDER –
U/s 15 of the Act, a tenant can terminated the tenancy by surrendering

his interest in favour of his landlord then the landlord becomes entitled to
retain the land so surrender for either personal cultivation or non-
agriculture purpose.
11
In order that a Surrender by a tenant becomes valid and binding on
him if –
i. Surrender should be in Writing and
ii. It should be Verified by the Mamlatdar whose duty is to verify that

surrender in voluntarily made and no pressure and undue
influence has been exercise.
Once the Surrender satisfied these two conditions then the landlord
becomes entitled to retain the land after fulfilling the formatioes.
If the Surrender does not satisfy the above two conditions even if it
is voluntarily, it is no surrender and therefore, there is no termination of
relationship of landlord and tenant and the tenancy still continues and
the tenant is entitled to possession of the land.
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Q. Write a detail note on – “Agricultural Land Tribunal and its Duties

and Powers”
A “AGRICULTURAL LAND TRIBUNAL” (SECTION 67 & 68) –
1. For the purpose of this Act, there shall be a tribunal called as

“Agricultural Land Tribunal” for each Taluka or for such area as
the State Government may think fit.
By the provisions to sub-section (1), the State Government is

empower to alter the local limits of the jurisdiction of Tribunal and
abolish tribunal so constituted and re-constituted the tribunal for
such area.
2. The State Government may appoint an Officer not below the rank
of Mamlatdar to the tribunal and exercise the powers and performs
the duties and functions of tribunal.
It is futher provided that by sub-section (2) that the State

Government may for any area, a tribunal consisting of not less than
3 members of whom –
a. at least one shall be a person who is holding or has held a

Judicial Officer not lower than in rank of Civil Judge under the
Bombay Civil Courts Act, 1869 or
is qualified to practice as a lawyer in the State of Maharashtra.
12
b. one shall be appointed to be the President of the tribunal and
shall exercise the Powers and perform the duties and function of
the tribunal.
 DUTIES OF AGRICULTURE LAND TRIBUNAL –
It shall be the duty of the tribunal –
a. to determine the value of site of dwelling house u/s 17
b. to determine the purchase price of the agriculture land u/s 32(g).

63(a) and 64.
c. to decide any Dispute u/s 32 to 32(g)
d. to perform such other functions in carrying out the provisions of this

Act as may be prescribed or directed by the State Government.
 POWERS OF AGRICULTURAL LAND TRIBUNAL (SECTION 69)
1. The Tribunal shall have same powers in making enquiries are

vested in the Courts in respect of the matters under the Code of Civil
Procedure, 1908, in trying the suit namely –
a. Proof of facts by Affidative,
b. Summoning and enforcing the attendance of any person and

examining him on oath and
c. Compelling the production of documents.
2. the tribunal shall have such other powers as may be prescribe and
shall have powers to award cost.
3. The Order of the tribunal shall be executed in the manner provide in

Section 73. (Section 73 – Execution of Order for Payment of Money
or for Restoring Possession)
13
LAND LAWS

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THE MAHARASHTRA AGRICULTURAL (CEILING ON

HOLDING ACT, 1961
 INTRODUCTION –
This Act was passed on 16th June, 1961 to impose a maximum limit
(ceiling) on holding of agriculture land in the State, which is in excess of
ceiling limit, is to be distributed for the full and efficient use for
agricultural. The necessity for limiting the size of agricultural holdings so
as to reduce inequality in the present distribution of agricultural land and
for distributing the surplus to persons in need of land for their livelihood
as a measure of Social Justice. The Ceiling is fixed for different
Classes of Lands.
 OBJECT OF THE ACT –
1. to impose maximum limit (or ceiling) on the holding of

Agricultural Land in the State of Maharashtra.
2. to provide for the acquisition and distribution of land held in
Excess of such holding.
3. To achieve the goal of Preamble of the Constitution for Welfare
of People.
Q. Write in detail note on – “Class of Land” under the Maharashtra

Agricultural (Ceiling on Holding) Act, 1961.
A. CLASS OF LAND (Section 2(5) ) -
Class of Land means land falling under any of the following

Categories – ‘A’, ‘B’, ‘C’ and ‘D’ –
1
1. CLASS ‘A’ – (18 Acres) -
Land with an assured Supply of Water from Irrigation and capable

of yielding at least Two Crops in a year
i. Seasonally by flow Irrigation from Government Sources.

ii. Perennially by Lift Irrigation from Government Sources.
iii. Perennially from Privately owned Well.
2. CLASS ‘B’ – (27 Acres) -
Land fall in this class has not assured Perennially supply of Water
from Irrigation but has assured Supply of Water for only One Crop in a
year.
i. Seasonally by flow Irrigation from Government Sources.

ii. Perennially by Lift Irrigation from Government Sources.
iii. Perennially from Privately owned Well.
3. CLASS ‘C’ – (36 Acres) -
Land irrigated seasonally by flow irrigation from Public Source

constructed or maintained by the State Government or from any other
natural source of water with unassured water supply i.e. where supply
is given under Water Sanctions are regulated on the basis of availability
of Water in the Storage.
4. CLASS ‘D’ - (54 Acres) –
Dry Crop Land other than land failing under Class ‘A’, ‘B’ , ‘C’ of this
Section.
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 LAND HELD BY FAMILY UNIT (SECTION 4) -
All land held by Family Unit (each member) whether jointly or

separately shall be for the purpose of determining the ceiling area of the
Family Unit be deemed, be held by the Family Unit.
2
 EXPLANATION –
A Family Unit means –
i. A person and his spouse and their minor Sons and minor
unmarried daughter (if any) or
ii. Where any spouse is dead, the surviving spouse or spouses and
the minor Sons and minor unmarried daughter or
iii. Where the spouses are dead, the minor son and minor unmarried
daughter of deceased spouces.
 CEILING AREA (SECTION 5) -
As per Section 5, Ceiling Area is as under-
1. The Ceiling Area shall be the area mentioned under each such
Class of Land mentioned in Section 2(5).
2. If a person or a Family Unit holds land of One Class, the ceiling
area for his or its family member holding ceiling area for the
Class of land.
3. Where a person or a family unit holds different class of land and
calculating whether the holding is equal to or in excess of the
ceiling area.
 EXCESS OF CEILING AREA –
Excess of Ceiling Area and area of excess to be Surplus Land.
 Section 3 – Prohibition on holding land in excess of Ceiling area

that means the area in excess of ceiling to be SURPLUS LAND, is
not allowed.
Person or Family Unit shall not hold land in excess of the ceiling
area as determined, after the commencement of this Act.
All the land held by a person or a family unit if excess of the ceiling
area shall be deemed to be Surplus land and such Surplus Land vested
to the Government.
3
LAND LAWS

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THE MAHARASHTRA LAND REVENUE CODE,1966
Q. Write a short note on – “REVENUE OFFICER”.
A. DEFINITION OF “REVENUE OFFICER” -

“Revenue officer means/ every officer/ of any rank/ whatsoever
appointed/ under/ any of the provisions/ of this Code/ and employed/
in or about/ the business/ of the Land Revenue/ or of Surveys,
assessment, accounts or records/ connected therewith”.
RANKING OF REVENUE OFFICERS
Commissioner
Divisional Commissioner
(Additional, Assistant Commissioner)
Collector
Additional Deputy Collector
Joint Collector
Sub Divisional Officer
Tahasildar
Nayab Tahasildar
Circle Officer
Talathi
Gramsevak
Hence, officers appointed under Section 6 to 8 of MLRC, 1966 are

"REVENUE OFFICERS".
1
Similarly officers on whom Revenue Officer's powers are conferred u/s 15
of this Act are also called as "REVENUE OFFICERS".
It is also to be noted that officers of other departments are appointed by
State Govt. as "REVENUE OFFICERS" and they are directed to exercise powers and
perform duties and functions of Revenue Officers.
FOR EXAMPLE –
Forest Officers, Income-tax officers, Sales tax officers etc are also
appointed as a "REVENUE OFFICERS"
REVENUE FUNCTIONS -
1) Collection of Revenue and other Govt. dues.
2) Maintenance of Records of rights
3) Permission of non-Agriculture(NA) use of AgricultureLand.
4) Rehabilitation of project affected person.
5) Relief during scarcity condition, natural calamities i.e. flood, earthquake,
fire, famine etc.
6) Implementation of Land- reform legislation.
7) Inspection of Land & records.
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Q. Write a short note on – "SURVEY OFFICERS"
OR
Explain the various Survey Officers and explain powers and duties of
Survey Officers.
A. Definition of "SURVEY OFFICER" (Section 2(39))

"Survey Officer means an Officer appointed under or in the manner
provided by Section 8”.
Section 8 provides that the State Govt. may appoint such Survey Officers as
may from time to time appears necessary.
Such Officers may be designated as -

(i) Settlement Commissioner
(ii) Director of Land Record
(iii) Deputy Director of Land Record
(iv) Superintendent of Land Record.
(v) Settlement Officer
(vi) District Inspector of Land Record
(vii) Tahasildar
(viii) Talathi
2
RANK OF SURVEY OFFICER
Settlement Commissioner
Director of Land Record
Deputy Director of Land Record
Superintendent of Land Record
Settlement Officer
District Inspector of Land Record
Tahasildar / Nayab Tahasildar
Circle Officer
Talathi
The above mentioned Survey Officers are appointed for following

Purposes-
1. Revenue Survey – Assessment and Settlement of Land Revenue.
2. Assessment and Settlement of Land Revenue of Agricultural Land
3. Lands within villages, towns and cities.
4. For Fixing Boundaries and Boundary Marks
POWERS AND DUTIES OF SURVEY OFFICERS (Sec.14)

According to Section 14, the Survey officers are vested with the cognizance
of all matters connected with the survey, settlement and record of rights and shall
exercise all such powers and perform all such duties as may be provided by this
MAHARASHTRA LAND REVENUE CODE, 1966 or any other law concerned.
Section 14(1) further provides that a Deputy Director of Land Records shall
exercise such powers and perform such duties and functions, as are exercised or
discharged by Director of Land records under MAHARSHTRA LAND REVENUE
CODE, 1966 or under any law for the time-being enforce in such cases as the State
Govt. or Director of Land Records may direct.
Section 14(2) provides that the Circle Officer and Circle Inspector incharge
of a Circle shall exercise of such powers over the Talathi in his circle and perform
such duties and functions may from time to time prescribe.
Section 14(3) provides that the Talathi shall be responsible for the
collection of Land Revenue and all amounts recoverable as arrears of Land
Revenue and for the maintenance of records of rights and shall perform all such
3
duties and functions as are after provided by this code or any law for the time
being enforce or by the order of the State Govt and also Circle Officer.
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Q. Write a short note on "REVENUE YEAR" & "LAND REVENUE"
A. DEFINITION OF "REVENUE YEAR" (Section 2(36))

“Revenue Year means the year commencing on such date as the State
Govt. may by notification in the Official Gazette”.
With reference to above mention definition, the term "Revenue Year" the
State Govt. has appointed the 1st day of August to 31st July to be the date of
commencement of Revenue year.
Revenue Year = 1st August to 31st July
DEFINITION OF “LAND REVENUE” Section 2(19) -

"Land Revenue means/ all sums and payments/ in money received/ or
legally claimable/ by or on behalf of/ State Government/ from any person/ on
account of/ Land or interest in / or right exercisable Land/ held by or vested/ in
him/ under whatever designation/ such sum/ may be payable/ and any cess or
rate/ authorised by State Govt./ under the provisions/ for the time being
inforce/ and includes premium, rent, lease, money, quit rent, judi payable by
Inamdar or any other payment/ provided under/ any Act, rule, contract or
deed/ on account of/ any Land"
The above mentioned definition of the term "LAND REVENUE" includes –

i) Payment to the Government.
ii) Such payment may be under this code or any other law or Act.
iii) Such payment is on account of any Land or interest or right
exercisable over it.
iv) Such payment is payable by holder or a person in whom the Land is
vested.
v) Payment in kind of cess or rate authorised by the State Govt. in
respect of Land.
vi) Such payment may be kind of premium, rent, money, lease, quit-
rent or judi payable by Inamdar.
vii) Payment on account of and Land under any Act, rules, deed and
contract.
4
The Principles to be adopted in determining Land Revenue on Agriculture
Lands are stated Section 94 of Maharashtra Land Revenue Code, 1966
The rate of assessment of Land Revenue for Lands used for non-Agriculture
Purpose in urban area is determined u/s 114 of MLRC.
This NA rate is much higher than rate levied on Lands used for Agriculture
Purposes and varies according to non-Agricultural use.
In other words, Land Revenue is a tax which cannot be impose or recover
except the authority of law/Govt. as provide in Art. 265 of the Indian Constitution.
In simple words, Land Revenue means money payable to the Govt. in
respect of Land. Land Revenue includes the assessment of revenue, collection of
revenue, the maintenance of Land records, survey for revenue Purpose and
records of rights etc. The Land Revenue in respect of each Land is separately
fixed. The Land Revenue of the current year if not paid on due date, it becomes
arrears of revenue. Hence, it is a necessary to pay Land Revenue of each revenue
year before due date.
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Q. Write a short note on- "Land Records"
A. DEFINITION OF "LAND RECORDS" (Sec. 2(18)) -

"Land Records means records maintained under the provisions
Maharashtra Land Revenue Code, 1966 and includes a copy of maps and plans
of final Town Planning Scheme, Improvement Scheme or a Scheme of
Consolidation of holding which has come into force in area under any law
inforce in the State and forwarded to any Revenue or Survey Officer. Under
such law all records maintain under MLRC are called as "LAND RECORDS".
Under section 2(18), such Records may be maintained by Gramsevak,
Talathi, Tahasildar, Collector, Settlement Officer, Commissioner or the State
Govt.
Record of Rights, Settlement of Records, Revenue Records, 7/12 Extract,
Mutation Entries, Govt. Resolutions, Circulars etc. are some of the Examples of
Land Records.
Further the term "Land Records" includes all maps and plans prepared
under the Town Planning Scheme, The Bombay Town Planning Act, Regional Town
Planning Act or under any corresponding Act inforce in the state.
Improvement Scheme or a scheme under a consolidation of holding done
under Bombay Prevention of Fragmentation and consolidation of Holding Act,
1947 send to the revenue officer or survey officer as becomes a part of Land
record.
5
Que. Write a short note on – “FARM HOUSE”
OR
“FARM BUILDING”
Ans. DEFINITION OF “FARM HOUSE” OR “FARM BUILDING” -

“Farm house or Farm building means structure erected on Land assessed
or held for the Purpose of Agriculturefor all or any of the following Purposes
connected with such Land or any other Land belonging to or cultivated by the
holder thereof namely –
(a) for the storage of Agricultural implements, manure or fooder,
(b) for the storage of Agricultural produce
(c) for sheltering cattle
(d) for residence of members of the family, servants or tenants of the
holder
(e) for any other Purpose which is an integral part of his cultivating
arrangement.
It is to be noted that a farm building is essentially used for the Purpose of

Agricultural.
Section 41 permits the holder of an Agricultural Land to erect farm house or
farm building.
Farm house is not liable to non-Agricultural assessment (any assessment) as
the erection of farm house because it is not a non-Agricultural Purpose u/s 109.
(Write here something about NA permission)
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Q. Write a note on – "REGISTER OF MUTATIONS"
&
"REGISTER OF DISPUTED CASES/ENTRIES"
A. INTRODUCTION -
Section 150 of Maharashtra Land Revenue Code, 1966 provides the rules in
respect of "Register of Mutations" and "Register of Disputed Cases"
Mutation means change, alteration or modification in the rights of Land,
is called as 'Mutation".
Sub-section(1) of section 150 provides that talathi shall enter in a "Register
of Mutation", every report made to u/s 149 (Section 149- Report regarding
acquisition of right) or any intimation of acquisition or transfer u/s 154 or from
any Collector.
6
As per the sub-section (2) of Section 150 as per the intimation, a talathi
makes an entry in the "Register of Mutation", he shall at the same time post-up a
complete copy of that entry in a conspicuous place in the chavdi and shall give
intimation to all persons appearing from the record of rights or Register of
Mutation to be interested in mutation and to an other person whom he has
reason to believe to be interested therein.
Sub-section (3), then provide that if any objection to any entry made u/sub-
section (2) in the Register of Mutation is made either orally or in writing to the
Talathi,
It shall be a duty of the Talathi to enter the particulars of the objection in a
"Register of Disputed Cases". The Talathi shall at once give a written
acknowledgement for the objection to the person making it in the prescribe form.
Sub-section (4) of Section 150 prescribes the statutory limitation for
disposal of disputed cases. It provides that disputes entered in the "Register of
Disputed Cases" shall as far as possible be dispose of within 1 year and order
disposing of objection entered in such Register and shall be recorded in Register
of Mutation by the officer i.e. Talathi.
Sub-section (5) of section 150 provides that the transfer of entries from the
"Register of Mutation" to the record of rights, shall be effected subject to the
rules as may be made by the State Govt. and the entry in the "Register of
Mutation" shall not be transfer to Record of Rights until such entry has been duly
certified by the Circle Officer of the area.
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Q. What is Records of Rights? What particulars are included therein? What is
the presumption about the entries therein?
OR
Explain the procedure for entering the name into the Records of Rights.
A. INTRODUCTION
Section 147 to 159 deals with "Records of Rights"
"RECORD OF RIGHTS"
Section 148 of MLRC,1966 provides that a Record of Rights shall be
maintained in every village and such record shall include following particulars-
(a) The names of all persons (other than tenants) who are holder,
occupants, owners or mortgagee of the Land or assignees of
Revenue thereof.
7
(b) The names of all persons who are holding as Govt. Lessee or
tenants including tenants within the meaning of the relevant
tenancy law.
(c) The nature and extent of the respective interest of such person and
the conditions or liabilities, if any attaching thereto.
(d) The rent or revenue, if any payable by or to any of such person.
(e) Such order as the State Govt. may prescribe by rules made for
Purposes of any area specified therein.
The term "Record of Rights" is not defined in MLRC, 1966. But the
Particulars which shall be included in the record, are stated in Section 148 (a) to
(e). These particulars relate to rights of persons in respect of or over a Land and
hence such records are called as "Record of Rights".
The forms in which records of various rights specified in this section are to
be maintain and other matters for preparing and correcting such Record of Rights
shall be prescribe by the rules.
Acquisition of Rights to be Reported (Section 149)

Every/any person acquiring any right of interest in the Land by way of –
(1) Succession
(2) Survivorship
(3) Sale Deed
(4) Partition
(5) Mortgage
(6) Gift
(7) Lease
(8) Exchange etc. or otherwise,
has to inform the concern Talathi of village information or intimation
regarding the acquisition of right to be given to the Revenue Officer.
The report may be made orally or in writing to the Talathi. In case
acquisition of right, it is necessary to produce documentary evidence before
Talathi in order to enable him to make necessary entries in the Revenue Record
relating to the rights. As soon as, intimation is received with evidence by the
Talathi, has to make first entry, in the "Register of Mutation". The transfer of
entries from "Register of Mutation" in to Record of Rights can be effected or
subjected.
As per Section 155, there is a provision under MLRC, 1966 that any clerical
error to the Land record can be corrected by the Collector or any person on
8
behalf of Collector and such correction and modification is permissible and to be
part and parcel of Land record.
Any entry in Land record is presume to be correct unless particular entry in
the Land record is challenged and proved as false. The existing entry in the record
will be always considered as valid and proper under this code.
If the entries are not certified then the transfer of entries to the records of
rights are not allowed.
Circle officer/Circle Inspector has to verify all the application made in
connection with the entries and also to verify the Register of Mutation entry is
disputed and necessary note are taken in the Register of Disputed Cases then the
Circle Inspector has to settle dispute first and certify the entries and inform
Talathi accordingly.
Once the entries are certified then such entries transfer from Register of
Mutation to the Record of Rights.
The Register of Tenancy may be maintain separately.
Whenever Talathi makes an entry in the Register of Mutation, after
receiving the Application of Change in Right.
He shall entry in the Register of Mutation and affix a copy of entry in a
conspicuous place in chavdi and give written intimation to all persons who are
interested in such mutation. If Talathi received any objection, he shall enter
objection in the "Register of Disputed Cases" after settlement of disputed entries,
are send for the approval to the Circle Officer. The disputed cases shall be dispose
of within a period of 1 year. Once the entries are certified by Circle Officer, the
Mutation Register send to the Talathi to entry in Land Records i.e. "Record of
Rights"
------------------------------------------------------------------------------------------------------------
Q. Write a Short Note on – "NISTAR PATRAK"
OR
Write a Short Note on - "RIGHTS OF UNOCCUPIED LANDS"
Ans. NISTAR PATRAK -

There are certain Lands in the village which are unoccupied. No person has
a right to use of such an unoccupied Land unless Collector has given permission to
do so. Such unoccupied Land can be made available to the individual or whole
village and certain conditions and restrictions are impose on them for the use of
this Land. Where there is a demand with request to allow the use of such an
occupied Land by the villagers to the Collector, then Collector shall prepare,
"Nistar Patrak" embodying the Scheme for the management of unoccupied Land.
9
Such Patrak is prepared and published by the Collector as per the requirements of
villagers as well as holding of adjoining property.
As per Section 161 of MLRC,1966, the Collector shall prepare a Nistar

Patrak finally by embodying a scheme of management of all unoccupied Land in a
village and all matters more particularly specified in Nistar Patrak as per section
162. Thereafter, Nistar Patrak shall be published in the village and after taking
into consideration the wishes of the villagers, it shall be finalised by the Collector.
The Nistar Patrak also contains some Particulars as under –

1) The terms and conditions on the basis of which grazing of cattle is
permitted in the unoccupied Land.
2) The terms and condition regarding the permission is granted the
villagers in respect of certain materials such as timber, woods, sand,
murum, clay etc. by the villagers and other materials which is useful
for Agricultureor domestic Purpose.
Section 161(3) - provides that on request nbeing made by the village panchayat
or where there is no village panchayat on the application of not less than ¼ of the
adult residents of the village then the Collector may at any time amodify an entry
in the Nistar Patrak after such enquiry as he deems fit.
According to Section 164 - The Collector is further empowered to allow to use of
unoccupied Land by the residence of som other villagers for the beneficial
requirement with certain terms and conditions.
------------------------------------------------------------------------------------------------------------
Que. Explain the provisions available in MLRC,1966 wherein an Agricultural

Land is converted in the Non-Agricultural Purpose.
OR
State the procedure for conversion of use of Land from one Purpose to
another under MLRC, 1966.
OR
Explain the procedure when a person wants to convert his Agricultural
Land to any non-Agricultural Purpose.
OR
Write a note on "Permission for non-Agricultural use of Land"
Ans Conversion of use of Land from one Purpose to another:-

Conversion of Purpose may be –
(1) from Agricultural Purpose to non-Agricultural Purpose.
10
(2) from particular non-Agricultural Purpose to another non-
Agricultural Purpose.
(3) from particular non-Agricultural Purpose but with relation of any of
such condition.
Additional charges of conversion (Section 47)

The holder of Land who has been allowed to make change in the use of
Land will be required to pay some additional charges i.e. called as "Non-
Agricultural charges"(NA charges).
There is a liability for a payment of conversion tax by holder of Land for
change of use of Land. These charges are prescribed by the State Govt. from time
tot time in accordance to classification of Land.
According to Section 41, every holder who has been granted the Land for
the specified Purpose, has to use that Land for that Purpose only i.e. holder of
Agricultureis to be used that Land for Agriculture Purpose only. If he wants to
make any change in the use of Land,
he has to seek permission under this code
from the collector of the District within whose jurisdiction the Agriculture Land is
situated. The hold-er has to pay conversion charges whenever the use of Land is
converted from one Purpose to another.
In this connection the Land are classified according to the situation of Land,
such as Lands-
(i) located or situated in corporation area
(ii) Land situated in Municipal corporation area
(iii) Land situated in other area
The conversion charges can be imposed and collected by the Collector
under MLRC,1966.
Under Section 42, Collector's permission is required for using Agriculture
Land for non-Agricultural Purpose. If the Land is converted without Collector's
permission for any other Purposes, Collector can impose penalties on the holder
of Land as per Section 45.
Similarly, a permission is require for conversion for use of non-Agriculture
Purpose to other non-Agriculture Purpose.
This change of use as per mention above requires permission and
procedure u/s 44 must be followed.
The person interested in changing the use of Land has to make an
application to Collector, who gives acknowledgement receipt of such application.
11
Then, The collector has to hold inquiry, inviting objections and after inquiry,
the permission may or may not granted. It is within the power of Collector to
reject the permission on any ground hereinafter mentioned.
The order passed by the Collector of rejection can be challenged in the Civil
Court or higher Revenue Authority of Govt.
Procedure for conversion of use of Land from one Purpose to another (Section
44)
As per section 44(1), if any occupant of Land or tenant of such Land desires
to make any conversion as per mention above, he (tenant) will have to get the
consent of occupant, he shall then apply to the Collector for the permission in
accordance with prescribe form then the Collector acknowledges the application
received within 7 days.
As per section 44(2), The Collector returns the application of –
(i) if it is not made by occupant or tenant
(ii) if it is made according to the case, but not with the consent of
occupant in case of tenant.
As per section 44(3), the Collector may after due enquiry grant a
permission on specified terms, conditions and rules.
As per section 44(4), the Collector may refuse the permission applies for
any of the following ground –
(I) that it is necessary to refuse the permission to secure public health,
safety and convenience or
(II) that such use is contrary to any scheme for the planned
development of a village, town or city under any law enforce or
(III) in the case of Land which is to be used as a building sites, it is
necessary to refuse the permission in order to secure the
dimension, arrangement, accessibility of the sites to adequate for
health or any convenience of the occupier.
Where an application is rejected, the Collector shall state the reasons in
writing of such rejection.
As per section 44(5), if any of the following cases, the permission applied
for shall be deemed to have been granted subject to the conditions in the State
Govt.'s rules-
1) If the Collector has failed to inform the applicant of his decision
within 90 days from the date of acknowledgement of the applicant
or
12
2) If he fails to inform the applicant of his decision within 90 days from
the date of receipt of application, in case the applicant is not
acknowledge.
As per section 44(6), the person to whom permission is granted or deemed

to have been granted shall inform to the Tahasildar in writing through the Village
Officer on the date on which the change of user of Land concern within 30 days
from such date.
If the person fails to inform the Tahasildar as required, he shall be liable to
pay the Non-Agriculture Assessment plus fine not exceeding Rs. 500/-.
A Sanad of such grant is given to the applicant when permission for the
change of the use of Land is granted to him.
The most important point is that conversion for non-Agriculture Purpose to
Agriculture Purpose is not change of use of Land.
-------------------------------------------------------------------------------------------------------------
Que. How are Boundary-Marks fixed and demarcated under MLRC,1966? What
is the effect of Settlement of Boundary?
OR
Write note on –
(1) Penalty for injuring boundary-marks
(2) Boundary marks between holding Land and village road.
Ans. Definition of Boundary-marks (Section 2(3))

“Boundary marks means/ any erection/ whether/ or earth, stone or other
material/ and also/ any hedge, unploughed rigege / or strip of ground/ or other
object/ whether/ natural or artificial/ setup/ employed or specified/ by a
Survey Officer or Revenue Officer/ having authority/ in that behalf/ in order/ to
designate/ the boundary/ of division/ of Land”.
The boundary mark of any of the description mention in the above
definition becomes valid only if it is specified by authorised Survey or Revenue
Officer.
The Boundary marks denotes the boundaries of any division of Land from
adjoining Lands on all sides.
FIXATION AND DEMARCATION OF BOUNDARIES:

Boundary of all villages and all survey number in villages are fixed and
demarcated by boundary marks. When the boundaries of villages are fixed and if
a disputes relating to boundaries may arised, such disputes are determined and
decide by the Survey Officer or other authorised Officer after holding formal
13
enquiry. At the formal enquiry all persons interested included the village Officer
are given an opportunity to appear and produced any evidence for settlement of
dispute.
If the disputes may arise regarding boundaries of survey number, the
Collector has to decide after holding formal enquiry and giving opportunities to all
the persons interested to appear and produce evidence. A decision by the
Collector is final provided, it has been made with the help of survey records.
Other evidence brought on records.
Responsibility for Maintenance of Boundary marks (Section 140)

Every Land holder is responsible for the maintenance and good repair of
boundary marks and also for any charges reasonably incurred on the account of
any alteration or removal or disrepair.
Penalty for injuring Boundary marks:

If a boundary mark is removed, erased or injure, the person so doing is
liable after the enquiry to pay fine of Rs. 100/- for each such removal or injury.
According to Section 135 disputes regarding boundary is to be decided by
the Collector. Section 132 to 146 of MLRC, 1966 provided the rules for fixation,
determination and settlement of boundary their repairs and right over boundaries
and other matters connected with boundaries.
Boundary Marks between Holding and Village Road –
If there is no pre-existing boundary marks, fixed and demarcated in the
survey operation. Every holder of the adjoining Land to village road at his own
expenses and in the prescribe manner has to demarcate the boundary between
his Land and village road adjoining by boundary marks.
He has also to repair and renew such boundary marks from time to time. If
the holder of Land fails to comply with the above conditions, the Collector may
after giving notice to the holder, cause the boundary to be demarcated and
recover cost incurred for such demarcation from the holder of Land.
------------------------------------------------------------------------------------------------------------
Q. Explain the provisions relating to Appeal, Revisions and Review under
MLRC, 1966.
Ans. Revision shall lie on following grounds only-

(a) if the decision/order is contrary to law
(b) there is failure to determine some material facts
(c) there was substantial defects in following procedure and it has
resulted into miscarriage of justice.
14
The Review is justified –
(a) If there is discovery of some important matter of evidence or
(b) If there is mistake or error apparent on the face of the record.
Appeal – (Section 247)
An appeal shall lie to the sub-divisional officer or Deputy Collector from the
order of subordinate officers and from Deputy collector to collector, from
collector to Divisional Commission and Divisional Commissioner to Govt. An
appeal to the State Govt.
As per Section 248, an appeal to the State Govt. from any decision or order
passed by-
(a) A Commissioner or
(b) A Settlement commissioner
(c) A Director of Land Records
(d) Deputy Director of Land Records
(e) The Collector of Bombay
Appeal against Revision or Review - [Sec. 2(49)]
Any order passed in revision or review which reverse or varies order passed
by subordinate officers shall be appealable. An appeal can be filed to the State
Govt., if the order is passed by-
(i) Divisional Commissioner or
(ii) Settlement Commissioner
(iii) Director of Land Records
Limitation Period:
In MLRC, if any order is passed by any inferior Officer, appeal against such
order must be preferred within 60 days from the date of order received. If the
order has been passed by any other officer such as Collector or Superintendent of
Land Record. The appeal against their order must be made within 90 days from
the date of order received by the appellant.
Admission of appeal after period of limits - Sec. 251 i.e. Delay Condonation -
An appeal under this Chapter may be admitted after the period of
limitation when appellant or applicant satisfied with the concern Officer or the
State Govt. sufficient cause of delay.
Power of Appellate Authority - (Sec. 255)
The Appellate Authority may admit the appeal & after calling the records,
giving appellant an opportunity to be heard, may summarily reject it.
If the appeal is admitted, a date shall be fixed for hearing and notice of that
appeal shall be serve on the respondent, then after hearing the parties, the
Appellate Authority may either annul, confirm, modify, reverse the order of
15
appeal against or may direct such further investigation to be made or such
additional evidence to be taken as it may think necessary.
Stay of Execution of Order:- Sec. 256
A Revenue or Survey Officer, who has passed any order, at any time before
the expiry of period, order for execution. Provided no appeal has been filed
(preferred).
The Appellate Authority may also at any time, direct the execution of the
order to be stayed for such time as he thinks fit.
16
a. public sector that he is presently holding the post in that
department or he was working as Government servant and
has now retired as such and he does not have any other
suitable Premises for residence in the local area.
That means in such cases after producing a certificate hereinabove

mentioned by the Landlord to the competent authority, thereafter a
Competent Authority shall pass an order of an Eviction of the Tenant.
SUCCESSOR-IN –INTEREST-
Successor-in-interest who becomes the Landlord of the Premises

owned by any Landlord due to the death of such Landlord who was
Member of Armed Forces or Scientist or Government Servant, then the
Successor-in-interest shall be entitled to recover possession of such
Premises from any Tenant on the ground that such Premises bonafide
required to the Successor-in-interest for themselves or any member of
family of deceased Landlord, by making an application to the Competent
Authority for the purpose of recovery of possession of the Premises, then
Competent Authority shall make an order of Eviction on the ground if,-
A Successor-in-interest is Widow or any other member of the family

of the deceased person who was Member of Armed Forces of Union or
Scientist or Government Servant, produces a Certificate of the
Authorised person of a concern Department that they are the real
Successor-in-interest of the deceased person and they does not have any
suitable premises for residence in local areas.
That means, in such cases, after producing Certificate hereinabove

mentioned by the Successor-in-interest or any member of the family of the
deceased person, to the Competent Authority, then the Competent
Authority shall passed an Order of Eviction.

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NOTE NO.

(© ALL RIGHTS RESERVED – No part of this notes may be reproduced,

MAHARASHTRA RENT CONTROL ACT, 1999

"Landlord means any person/ who is for time being/ receiving or

Tenant means any person/ by whom or on whose account/ rent is

ii. who is a deemed Tenant or

iii. who is a sub-Tenant, as permitted under the contract or by the

iv. who has derived title under a 'Tenant' or

v. to whom interest in Premises has been transferred as

Q Discuss the Grounds under which Landlord may recover

When Landlord may recover possession from the Tenant?

The Landlord is entitled to recover the possession of any Premises

Any Landlord shall be entitled to recover possession of any Premises

2. SECTION 16 (I) (b) –

That the Tenant had without Landlord's consent, given in writing,

3. SECTION 16 (I) (c) –

That the Tenant, his servant or person included by Tenant or any

has been guilty of using the Premises or allowing the Premises to be

4. SECTION 16 (I) (d) –

5. SECTION 16 (I) (e)-

6. SECTION 16 (I) (f) –

SAI LAW ACADEMY LAND LAWS © ALL RIGHTS RESERVED

That the Premises are reasonably and bonafide required by the

8. SECTION (I) (h)-

That the Premises are reasonably and bonafide required by the

9. SECTION (I) (i)-

That the Premises are reasonably and bonafide required by the

10. SECTION (I) (j)-

11. SECTION 16 (I) (k)-

That the Premises is required for immediate purpose of demolishing

12. SECTION 16 (I) (l) –

13. SECTION 16 (I) (n)-

Decree of Eviction shall not be passed on the ground of Section 16 (I)

SAI LAW ACADEMY LAND LAWS © ALL RIGHTS RESERVED

A Landlord shall not be entitled to recover the possession of any

Q Write a short note on "RECOVERY OF POSSESSION FOR

A "RECOVERY OF POSSESSION FOR DEMOLISHING

AS PER SECTION 19(1), where a Decree of Eviction has been

AS PER SECTION 19(2), if the Court is satisfied that the Landlord

AS PER SECTION 19(3), any Landlord who recovers possession

be punishable for a term up to 30 days Imprisonment or with a fine

SAI LAW ACADEMY LAND LAWS © ALL RIGHTS RESERVED

A "RECOVERY OF POSSESSION FOR REPAIRS AND RE-ENTRY"

AS PER SECTION 17(1), the Court shall, when passing a Decree on

AS PER SECTION 17(2), if the Tenant delivers possession on the

i. fails to start the work of repairs within 1 month of the

ii. fails to complete the work within a reasonable time or

iii. fails to deliver possession to the Tenant after completion of

i. fails to start the work of repairs after the Eviction of the

ii. fails to deliver the possession to the Tenant after repairs or

iii. fails to comply the order of the Court,

shall be punishable with the Imprisonment for a term which may

Q What are the Remedies of Tenant when the Landlord cuts or

Write a note on – "Landlord not to cut-off or withhold supply or

How will Tenant proceed to take actions against such Landlord

Write a note on, "Discontinuance of supply or essential services"

Write a note on, "Cut of supply of essential services"

A LANDLORD NOT TO CUT-OFF OR WITHHOLD ESSENTIAL

Landlord either himself or through any person acting on his behalf

SAI LAW ACADEMY LAND LAWS © ALL RIGHTS RESERVED