Discuss the provision pertaining to “Payment of Purchase Price by the Tenant” under the Agriculture Tenancy Act, 1964
Under Section 18 of the Agriculture Tenancy Act 1964, the heading is procedure for taking possession, the details of payment of purchase price by the tenant has been explained in details as follows:
Special Rights and Privileges of tenants
Sec.18A: In accordance with this section all Tenants deemed to have purchased lands on tillers’ day;
- On the tillers’ day, every tenant shall, subject to the other provision of this Act, be deemed to have purchased from his land lord the land held by him as a tenant and such land shall vest in him free from all encumbrance subsisting on the day.
- In case where a tenant, on account of his eviction from the land by the land-lord before the tillers’ day is not in possession of the land on the said day, but has made or makes an application for possession of the land under section 18 within the period specified therein, then, if the application is allowed by the Mamlatdar and passed order in favour of tenant or, as the case may be, in appeal before the collector or in revision before the Administrative Tribunal, he shall be deemed to have purchased the land on the day on which the final order allowing the application is passed by Mamlatdar.
- where a tenant referred to in above sub-section (2) has not made an application for possession within the period specified under section 18 or the application made by him is finally rejected under this Act, and the land is held by any other person as tenant on the expiry of the said period or on the date of final rejection of the application, then such other person shall be deemed to have purchased the land on the date of the expiry of the said period or, as the case may be, on the date of the final rejection of application.
- If a tenant is not in possession of the land on the tillers’ day on account of his being dispossessed otherwise then in the manner provided in section 11 and the land is; (a) in possession of the landlord or his successor in interest; and (b) not put a non-agriculture use, the Mamlatdar shall notwithstanding anything contained in this Act, either suo moto or on the application of the tenant, hold an inquiry and direct that such land shall be taken from the possession of the landlord or, as the case may be, his successor in interest and shall be restored to the tenant and the provisions of the Chapter shall, in so far as they may be applicable, apply thereto, subject to the modification that the tenant shall be deemed to have purchased the land on the date on which the land is restored to him. -;Provided that the tenant shall not entitled to restoration under this sub-section unless he undertakes to cultivate the land personally. Explanation- In this sub-section ‘successor-in-interest’ means person who acquires the interest or right by testamentary or disposition or devolution on death.
- In respect of the land deemed to have been purchased by a tenant under sub-section (1)—(a) the tenant-purchaser shall be liable to pay to the former landlord the purchase price; and (b) the tenant-purchaser shall be liable to pay to the Government the dues, if any, from the tillers’ day.
18B. Right of tenant to purchase land where he is minor etc—
- Notwithstanding anything contained in section 18A, where the tenant is a minor or a widow or a person subject to mental or physical disability or a serving member of Armed Forces, the right to purchase land under that section may be exercised—(a) by the minor within one year from the date on which he attains majority (b) by the successor in title of the widow within one year from the date on which her interest in the land ceases to exist; (c) within one year from the date on which the mental or physical disability of the tenant ceases to exist; (d) within one year from the date on which the tenant ceases to be a serving member of the Defence Forces; Provided that where a person of any such category is a member of a joint family, the provisions of this sub-section shall not apply it at least one member of the joint family is outside the categories mentioned in this sub-section, unless before the tillers day the share of such person in the joint family has been separated by metes and bounds and the Mamlatdar on inquiry is satisfied that the share of such person in the land is separated having regards to the area, assessment, an classification and the value of the land, in the same proposition as the share of that person in the entire family property.
- A tenant desirous of exercising the right conferred on him under sub-section (1) shall give an intimation in that behalf to the landlord and the Mamlatdar withinin whose jurisdiction the land is situated in the prescribed manner within the period specified in that sub-section.
- The Provision of section 18A and section 18C to 18I shall so far a may be applicable apply to such purchase.
18C Mamlatdar to issue notices and determine price of land to paid by tenant;
- As soon as may be after the tillers’ day the Mamlatdar shall publish or cause to be published a public notice in the prescribed form in the Official Gazette and also in such other manner as may be prescribed calling upon—
- all tenants who under section 18A are deemed to have purchased the land
- all landlord of such land and
- all other persons interested therein to appear before him on date specified in the notice
- Notwithstanding anything contained un the sub-section (1) the Mamlatdar may, on his own motion or on an application from any person who has been called upon to appear before him under sub-section (1) give an opportunity to appear before him on any subsequent day, time and place other than that specified in the public notice under sub-section (1) to—
- such tenants or such persons claiming to be tanants
- such landlord and other interested parties, who had appearing before the Mamlatdar inresponse to notice published under sub-section (1)
- The Mamlatdar shall record in the prescribed manner the statement of the tenants whether he is or is not willing to purchase the land held by him as a tenant
- Where any tenant makes a statement that he is not willing to purchase the land , the Mamlatdar shall by an order in writing declare that such tenant is not willing to purchase the land and that the purchase is ineffective
Provided that if such order is passed in default of the appearance of any party, the Mamlatdar shall communicate such order to the parties and any party on whose default the order was communicated to him apply for the review of the same
(5) If a tenant is willing to purchase, the Mamlatdar shall, after giving an opportunity to the tenant and the landlord and all other persons interested in such land to be heard and after holding an inquiry determine the purchase price for such land in accordance with the provision of section 18D
(6)In the case of a tenant who is deemed to have purchased the land on the day subsequent to the tellers’ day, the Mamlatdar shall, as soon as may be after such day, determine the price of the land
18D. Purchase price payable to land lord;
- The purchase price payable by a tenant to the landlord in relation in relation to the land which has been deemed to have been purchased by the tenant under section 18A shall be the amount indicated in column 2 of the Table below in respect of the categories of land specified in the corresponding entry in column 1 thereof
|S N||Category of land|
|Purchase Price (in rupees) per hector|
|1||Garden consisting primarily of|
a] Coconut trees
b] Arecanut trees
c] Mango trees
Wet land where sugarcane cultivated
18E. Mode of Payment of purchase price by tenant:
- On the determination of the purchase price by the Mamlatdar under section 18C the tenant shall deposite the purchase price with the Mamlatdar in the manner provided in this section.
- The tenant shall have the option to deposit the purchase price either in lumsum or in ten equal annual instalments
- The first installment of the purchase price or where the purchases price is payable in a lumsum under sub-section (2) the lumsum shall be paid by the tenant within a period of six month from the date of passing of order of the Mamlatdar under section 18C
- The second or subsequent installment of the purchase price shall be paid within a period of one year from the date on which the previous installment was due.
- Where the lumsum payment or any installment of the purchase price has not been deposited on the due date , the amount in default shall carry interest at the rate of six per cent per annum.
18F. Amount of purchase price to be applied towards satisfaction of debts—
- The Mamlatdar shall in an inquiry held under section 18c determine any encumbrances lawfully subsisting on the land the tillers’ day.
- If the total amount of encumbrance is less than the purchase price determined under that section—(i) where the purchase price is paid in lumsum, it shall be determine from the purchase price and the balance paid to the former landlord. (ii) where the purchase price made payable in installment, the Mamlatdar shall deduct such amount from such installment towards the payment of such encumbrance; Provided that where under any agreement, award. decree or order of a court under any law the amount of encumbrance is recoverable in installment, the Mamlatdar shall deduct such amount as he deemed reasonable from the installments so payable
- If the total amount of the encumbrance is more than the amount of determined the purchase price in lumsum of the installments, as the case may be, shall be distributed in the order of priority and if any person has to right to receive maintenance or alimony from the profit of the land the Mamlatdar shall also make deductions for payment out of the purchase price.
- Nothing in this section shall affects the rights of the holder of any such encumbrances to proceed against the former land lord in any other manner or under any other law for the time being in force.