Section 9 in Tamil Nadu Lease Holds (Abolition and Conversion into Ryotwari) Act, 1963
9. Grant of ryotwari pattas.
(1)With effect on and from the appointed day-(a)every ryot shall be entitled to ryotwari patta in respect of all his owned lands;(b)the lessee shall be entitled to ryotwari patta in respect of all his owned lands;(c)every person whether a ryot or the lessee shall be entitled to ryotwari patta in respect of all lands (other than owned lands) cultivated by him continuously for a period of not less than twelve fasli years immediately before the appointed day:Provided that no ryotwari patta shall be granted under this Act in respect of any land falling under any of the categories specified below situated within the limits of any lease-hold, namely:-(i)forests;(ii)beds and bunds of tanks and of supply, drainage, surplus or irrigation channels;(iii)threshing floor, cattle stands, village-sites, cart-tracks, roads, temple sites and such other lands as are set apart for the common use of the villagers;(iv)rivers, streams and other porambokes.(2)The Assistant Settlement Officer shall, subject to the provisions of subsection (3), inquire into the claims of any person for a ryotwari patta under this Act in respect of any land and decide in respect of which land the claim should be allowed.(3)Before holding the inquiry under sub-section (2), the Assistant Settlement Officer shall give notice in the prescribed manner to the lessee and if the person in occupation of the land is not the lessee, to the occupant, and to the Tahsildar of the taluk or the Deputy Tahsildar of the sub-taluk in which the land is situated, and also publish the notice in the prescribed manner in the village. He shall give the parties who appear before him an opportunity to be heard and to adduce their evidence, and then give his decision.(4)Against a decision of the Assistant Settlement Officer under sub-section (3), the Government may, within one year from the date of the decision, and any person aggrieved by such decision may, within three months of the said date, appeal to the Tribunal:Provided that the Tribunal may, in its discretion, allow further time not exceeding two months for the filing of any such appeal.Provided further that the Tribunal may, in its discretion, entertain an appeal by the Government at any time if it appears to the Tribunal that the decision of the Assistant Settlement Officer was vitiated by fraud or by mistake of fact.
