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Chota Nagpur Division - Section

Section 19 in Chota Nagpur Tenancy Act, 1908

19. Settled Raiyats to have occupancy-rights - Every person who is a settled Raiyat of a village within the meaning of Section 17 or Section 18 shall [subject to the provisions of Section 43] have a right of occupancy in all [* * *] for the time being held by him as a Raiyat in that village.

[20. Effect of acquisition of occupancy-rights by landlord. - (1) When the immediate landlord of an occupancy holding is a proprietor or a permanent tenure-holder and the entire interests of the landlords and the Raiyat in the holding become united in the same person by transfer, succession, or otherwise, such a person, shall hold the land as a proprietor or permanent tenure-holder, as the case may be, and shall not hold it by any subordinate right whatsoever; but nothing in this subsection shall prejudicially affect the rights of any third person.
(2)If the occupancy-right in land is transferred to a person jointly interested in the land as proprietor or permanent tenure-holder; such person shall hold the land as proprietor or permanent tenure-holder, as the case may be, and shall not hold it by - any subordinate right whatsoever. Such transferee shall pay to his co-sharers a fair and equitable sum for the use and occupation of the land, and if he sub-lets the land to a third person, such third person shall be deemed to be a tenure-holder or a Raiyat, as the case may be, in respect thereof.Illustration. - A, a co-sharer landlord, purchases the occupation holding of a Raiyat X.A sublets the land to Y who takes it for the purpose of establishing tenants on it: Y becomes a tenure-holder in respect of the land. Or A sub-lets it to Z who takes it for the purpose of cultivating it himself: Z becomes a Raiyat in respect of the land.In determining from time to time what is a fair and equitable sum under this sub-section, regard shall be had to the rent payable by the occupancy-raiyat at the time of the transfer, and to the principles of this Act regulating the enhancement or reduction of the rent of occupancy-raiyats.
(3)A person interested in any estate, tenure, village or land, whether solely or jointly with others, as a temporary tenure-holder, Ijaradar, or farmer of rents, or as a mortgagee in possession, shall not during the period of his lease or mortgage, acquire by purchase or otherwise a right to hold any land comprised in his lease or mortgage in any other capacity than as such lessee or mortgagee and every interest acquired by him in such land during the period of his lease or mortgage, shall upon the termination of such lease or mortgage, cease to exist; provided that if he has settled the land with third person as a tenure-holder or a Raiyat, not being prohibited from so doing by the terms of his lease or mortgage, the rights of such third person shall not be affected by the mere termination of the lease, but such third person shall be deemed to be a tenure-holder or a Raiyat, as the case may be, in respect of the land.
(4)This Section does not prohibit and shall be deemed never to have prohibited the acquisition of a right of occupancy in a parcel of land-
(a)by a village headman if by local custom or usage he has a right to acquire a right of occupancy in land of the class to which that parcel belongs, or
(b)by a temporary tenure-holder who, before becoming such, was himself a resident cultivator of the village, in such parcel has been converted by him into Korkar or has been acquired by him by succession or inheritance.]
Explanation. - A person having a right of occupancy in land does not lose it by subsequently becoming jointly interested in the land as a proprietor or permanent tenure-holder or by subsequently holding the land in ijara or farm or as a temporary tenure-holder or mortgagee.Incident of Occupancy Right