Who is bhumidhar under the U.P.Z.A & L.R. Act1950?
it is to be noted that before the passing of the U.P.Z.A and L.R. Act 1950 there were fourteen variety of tenures existing. All tenures were complicated and bewildering some tenants like fixed rate tenants were found in the permanently settled districts of Agra province while the tenants holding on special terms in Avadh were peculiar form of land tenure to Avadh province . the rights and privileges of the same class of tenants also differed in two provinces. For example an occupancy tenant in Avadh had unrestricted right of subletting while in Agra he possessed only a restricted right. His interest devolved according to his personal low in Avadh whereas in Agra the devolution of his interest followed the provisions contained under the U.P. Tenancy Act, 1939 the permanent tenure holder was enumerated in the list of tenures but in most cases he was treated as if he were a zamindar. The U.P Zamindari Abolition and land Reforms Act, 1950 substituted these tenders and classified them into following four classes
3. Asami; and
Adhivasi was a tenure inferior to sirdar but superior to asami it wasa transitional forms of land tenure which was to disappear from the commencement of the Act. It was intended that they will either acquire bhumidhari right after depositing 15 times of the rent(with the written consent of his land holder) of will be liable to ejectment U/S 235 of the Act as trespasser. But before maturity adhivasis were considered favourably and they were conferred the rights of sirdar by the U.P. Land reform (Amendment) Act1954 so all adhivasi became sirdars and there remained only three tenures in land law.it may again be noted that in 1958 by the U.P Land reforms (Amendment) Act S. 133-A has been added and a fourth tenant law. He shall however be governed according to the terms and conditions of the lease and not according to the provision of this Act.
a) Who is Bhumidhar ?- bhumidhar is of the highest type of tenure holder, his interest in the holding is permanents heritable and transferable. He is a peasant proprietor in all respects.
Every person belonging to any of the following classes become bhumidhar-
I. An intermediary (Zamindar) whether bigger or smaller in respect of his khudkasht, unlet sir and grove land.
II. Smaller intermediary who belonged to the disabled class in respect of his let sir as well.
In relation lands intermediaries (zamindars) are classified into two biggest and smaller interment . if the sir land was in their personal cultivation immediately before the date of vesting they become bhumidhars of their un let sir whether they belonged to the class of bigger intermediaries of smaller intermediaries. Intermediary paying up to Rs.250/-as Land Revenue (or Rent) or up to Rs.25 as Local rate was classified as smaller. If the annual land Revenue (or Rent assessed was of more then Rs.250/- or local Rate of more than Rs.25/- the intermediary was categorized as bigger. In case of let sir lands the Act discriminates between bigger intermediaries and smaller intermediaries. Bigger intermediaries lost their rights in their let sir lands and their sir lands passed to the tenants. But the smaller intermediaries become bhumidhars of their let sir lands also provided they were disabled persons(as enumerated U/S.157 (1).
III. A permanent lessee in Avadh in respect of land in his personal cultivation or held as a grove.
IV. A fixed rate tenant – the fixed rate tenant was found in the districts of Varanasi division and in Azamgarh and basti districts S.23 of the U.P. Tenancy Act, 1939 reads:
i. When in Agra any land in district or a portion of a district which is permanently settled at the same rate of rent such tenant shall have a right of occupancy at that rate.
ii. Such tenant shall be called a fixed rate tenant”
“Sharah muwaiyan kashtkar in revenue paper means fixed rate tenant and not the permanent tenant” as it was wrongly described by Justice R.R.K. Trivedi in bhorik Vs Dy. Director consolidation. 1992 R.D. 129.
The fixed rate tenant was the superior most tenant. His interest in the holding was permanent heritable and transferable. He could not be ejected on any ground whatsoever. He had the right to grant lease make improvements use lands for any agricultural or non agricultural purpose. Cultivator holding under him was a subtenant and not a tenant in short his right were even superior to present bhumidhar. Devolution to the holding was holding was governed by personal law.
V. A Rent Free Grantee- note for ans pl see point no.19 under Q.no. 5
VI. An Occupancy tenant, or a hereditary tenant or tenant of sir land or patta dawami or patta istamrari possessed the right the transfer the holding by sale –the word patta dawami means lease for ever and “patta istamrari”means lease for ever and patta istamrari means Permanent lease” “ Tenants of sir lands whom the sir lands were let forever or permanently and right to transfer by sale was also given, Become bhumidhars thereof.
Occupancy tenancy was created by the continuous possession of land for a period of 12 years. In Avadh the right of occupancy could be created by prescription or by conferment by the zamindar in Agra the Agra tenancy Act 1926 provided for the conferment of occupancy right by the zamindar. When the occupancy right was conferred by the zamindar the right ot transfer the holding by sale was also generally given to the occupancy tenants. Occupancy tenants giving the right to transfer the holding by sale become bhumidhars. Occupancy tenants having no such right became sirdars only.
VII. A Grove Holder-
VIII. Every person who had deposited dasguna (ten times) of his rent under the U.P.Agricultural Tenants (Acquisition of privileges) Act , 1949 and has obtained a declaration under the said Act in respect of his holding.
IX. Every intermediary ,bigger or khudkasht land allotted to persons in lieu of maintenance allowance.