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State of Uttar Pradesh - Section

Section 296 in The United Provinces Tenancy Act, 1939

296. Disposal of pending suits

. - A suit under any of the provisions of the Agra Tenancy Act, 1926[or the Oudh Rent Act, 1886, which is pending at the commencement of this Act or a decree under any of the provisions of either of these Acts, which has not been satisfied in full at such commencement, shall be decided or executed, as the case may be, in accordance with the corresponding provision of this Act and if there is no such corresponding provision, the proceedings relating to such suit or decree shall be quashed.] [Repealed by U.P. Act No. 10 of 1947.]THE FIRST SCHEDULE(See Section 1)Areas to which the Act will not apply in the first instanceI. The district of Almora and Garhwal.II. In the district of Naini Tal, -
(a)the Naini Tal sub-division;
(b)the following villages of the Tarai and Bhabar Government estates :
Pargana Bazpur
Bajawala. Banskhera.
Bannakhera. Banskheri.
Bannakhera Sani. Barihni.
Bhainsia. Khamari
Bhajwanagla. Maindaya Hattoo
Bhikampur. Rajpura No. 1.
Bijai Rampura. Ratanpuri.
Chanakpur. Somalpuri.
Gularia Gobra. Sheopuri.
Gulzarpur. Thadaknagla.
Hazira. Kalabandwari.
Haripur. Faridpur.
Harsana.  
Pargana Godarpur
Alakhdei. Madnapur.
Andkhera. Mahloi Jungle.
Beria. Mukandpur.
Bari Rain. Nandpur.
Buxaura. Piapalia.
Khanpur Pachcham. Kopa.
Khanpur. Jafarpur.
Kulha. Gadarpuri.
North Kashipur
Kamdebpur. Kandala.
Beria. Birpur lachi
Lalitpur. Birpur.
Karailpuri. Rajpur.
Thari. Pipalsana
In Khushalpur Circle
Khusnalpur. Lampur Lachi.
Lampur Moti. Shahbazpur.
(c)the Bhabar viilages in the Tarai and Bhabar sub-division which are settled with zamindars.
THE SECOND SCHEDULE(See Section 243)Application of the Code of Civil Procedure, 1908LIST ISections and Orders of the Code of Civil Procedure, 1908, which do not apply to suits or proceedings under this ActSection 9.Sections 68 to 72 inclusive.Section 88.Sections 113, 114, 115.Order XXII, Rule 8.
" XXXIII (Pauper suits). The whole.
" XXXV (Inter pleader suits). The whole.
" XXXVI (Special cases). The whole.
" XLIV (Pauper appeals). The whole.
" XLVI (Reference). The whole.
LIST IISections and Orders of the Code of Civil Procedure, 1908, which apply subject to the modifications stated against each
SI. No. Sections Modifications
1 24 Applies only to the transfer of appeals underthis Act by the High Court[* * *] [The words (or the Chief Court) omitted by the A.O. 1950.]from the Court of one District Judge tothe Court of another District Judge.
2 30 No decree need be prepared in the case of anapplication under this Act unless the preparation of a decree isprescribed by rule.
3 58(2) Where a judgment-debtor has been released fromdetention under this section, the Court may declare him absolvedfrom further liability for payment of money under that decree,and such liability shall thereupon be extinguished.
4 60 To the particulars not liable to attachment orsale shall be added 'manure stocked by an agriculturist.'
5 98 Nothing in this section shall require twomembers of the Board to sit together in the exercise of appellateor revisional jurisdiction under this Act
6 114 In this section the words "or order"shall be deemed to be inserted after the word "decree"wherever it occurs.
7 Order V, Rules 9 to 30. A summons or notice may, if the[State Government] [Substituted by the A.O. 1950 for (Provincial Government).]byrule, either generally or in respect of any local area or classof cases, so directs, be served by post in addition to, any othermode of service.
8 Order VII, Rule 1 In addition to the particulars contained in thisrule, the plaint shall specify the name of the village andmahaland of the pargana or other local division, in which the land issituate to which the suit or other proceeding relates, and unlesssuch land can be otherwise adequately described, the number ofeach field according to the Government survey;if the suit isfor arrears of rent, the plaint shall contain a statement ofaccount, showing the annual demand for each period to which thesuit relates, the amount, if any, received, and the amountclaimed to be due;and if the suit is for ejectment of atenant, the plaint shall set forth the ground or grounds on whichthe ejectment is sued for.
9 Order XX Every decree for rent shall also state theamount including interest, due on account of each agriculturalyear in respect of which relief is granted.
10 Order XXI (1) No application for the execution of a decreeshall be made by an assignee of the decree unless the assignor'sinterest in the land to which it relates has become and is vestedin such assignee.
11   (2) If the property against which execution isapplied for is amahal, or a share of amahal, or the holding ofa permanent tenure-holder, or the fixed-rate tenant or an under-proprietor the decree shall be sent to the Collector, who shallexecute the same as if it had been a decree of his own Court.
12 Order XLI, Rule 1, read with Order XLII. In addition to the copies required by this ruleevery memorandum of second appeal shall be accompanied by a copyof the judgment of the original Court.
13 Order XLI, Rule 11 Nothing in this rule shall require the Board tohear any party before rejecting an appeal summarily.
14 Order XLI, Rules 30 and 31. No judgment of the Board need be dated orsigned, or pronounced in open Court.
THE THIRD SCHEDULE(See Section 55)Form of Lease or Counterpart
I,| A, B,F, G,| ,| son of| C, DH, I,| ,| resident of E/J, have| leasedtaken on lease| the
under-mentioned land| to F, G,from A, B,| son of| H,C, D,| ,| resident of J/E inmahalK, mouza L
(here adequately describe the holding and give details mentioned in Section 55),at an annual rent of Rs. ( ), payable in the following instalments and on the following dates, namely ;( ) Rs. on the ( ) day of ( )( ) Rs. on the ( ) day of ( )( ) Rs. on the ( ) day of ( )( ) Rs. on the ( ) day of ( )( ) Rs. on the ( ) day of ( )*The period of the lease being for ( ) years, that is to say from (day) to.......(date)Dated the ( ) day of ( ) 19....Signed(A, B, landlord)(or marked)F, G, tenant)..........Witness (if marked) M.N._________________________________________________________________________________________________________________________________________*To be filled up in the case of non-occupancy tenants only, and to be struck out in all other cases.THE FOURTH SCHEDULEPOWERS OF COURTS ETC.The jurisdiction both original and appellate specified in the heading of each group is in all cases subject to the provisions of Sections 264, 286 and 288Group A - Suits(Suit triable by Assistant Collector of the First Class - appeal, if any, to the civil Court; suits under serial Nos. 1 to 6 inclusive, when not exceeding Rs. 200 in value, are triable by an Assistant Collector of the Second class - appeal to Collector.)
SI. No. Section of Act Description of suit Period of limitation Time from which period begins to run Proper court-fees
1 140 For recovery of a deposit of rent Three years When the amount deposited was paid by thetahsildar. As in the Court Fees Act, 1870.
2 144, 148 For arrears of rent Ditto Fifteen days after the arrear became due. Ditto.
3 149 For recovery of rent paid by, or recovered from, a co-tenanton account of another co-tenant. Ditto Date of payment or recovery. Ditto.
4 152 For the recovery of canal dues Ditto Date of delivery of canaljamabandi. Ditto.
5 154(4)(b) To recover an amount realized in excess. Three years When the excess was realized. As in the Court Fees Act, 1870.
6 163(5), 169(5) For arrears of rent None None Ditto.
7 172 For the ejectment of a tenant One year When the detrimental or inconsistent act is done or thecondition is broken. As in the Court Fees Act, 1870.
8 174 For an injunction, or for the repair of damage or waste, orfor compensation. Ditto When the damage is done or the waste begins, or the conditionis broken. Ditto.
9 224 By alambardarto recover from a co-sharer arrears of revenueor rent, village expenses, and other dues. Three years When the arrears became due. Ditto.
10 225 By alambardarto recover from jointlambardarwho defaultsarrears of revenue or rent paid by the former on account of thelatter. Ditto When the rent or revenue was paid. Ditto.
11 226 By a co-sharer to recover from alambardaror anotherco-sharer who defaults arrears of revenue or rent paid by theformer on account of the latter. Ditto When the arrear were paid. Ditto.
12 227 By amuafidaror assignee of revenue for arrears of revenuedue to him as such. Three years When the arrears became due. As in the Court Fe Act, 1870.
13 228 By a superior proprietor for arrears of revenue or rent due tohim as such. Ditto Ditto Ditto
14 230 By a co-sharer against alambardarfor his share of theprofits of amahal, or of any part thereof. Ditto When the profits became divisible under Section 229. Ditto
15 231 By a co-sharer against a co-sharer for a settlement ofaccounts and his share of the profits of themahal, or of anypart thereof. Ditto Ditto Ditto
16 236(a) For compensation for any sum of produce collected in excess ofthe amount due. Three months The date of the collection. Eight annas.
  236(b) For compensation for charging interest at a rate exceedingthat allowed by the Act. Ditto The date of the charging. Ditto
  236(c) For compensation for infringing the provisions of Section 90or collecting any sum not recoverable under Section 91. Ditto The date of the collection or infringement. Eight annas
  236(d) For compensation for collecting remitted or suspended rent. Six months Ditto Ditto
  236(e) For compensation for crediting payment made towards rent orsayar otherwise than to rent or sayar or otherwise than inaccordance with the provisions of Section 130. Ditto The date when payment wrongfully credited. Ditto
GROUP B - SUITS[Suits triable by Assistant Collector of the First class - Appeal to Commissioner except in the case of serial nos. 20, 21, 22 which are governed by Section 201.]
S.I. No. Section of Act Description of suit Period of limitation Time from which period begins to run Proper court- fees
1 45 For division of a holding and distribution of rent. None None As in the Court Fees Act, 1870, on rent payable in respect ofthe part to be separated.
2 55 For a lease or counterpart Ditto Ditto Eight annas.
3 59 For a declaration of plaintiff's right as tenant or for ashare in a joint holding. Ditto Ditto Ditto.
4 60 By a land-holder for a declaration of the right of a personclaiming to be tenant. Ditto Ditto Ditto.
5 61 For a declaration as to any matters specified in Section55(2). Ditto Ditto Ditto.
6 63 For a declaration that land claimed as tenancy is sir orkhudkashtorvice versa. Ditto Ditto Ditto.
7 85 To have a notice of surrender declared invalid. Fifteen days The date of the receipt or service of the notice. Ditto.
8 94 For determination of rent and for arrears As in Section 94 As in Section 94 As in the Court Fees Act, 1870.
9 108 For the determination, abatement, enhancement or commutationof rent. As in Section 108 As in Section 108 Ditto
10 113 For commutation of rent. None None Ditto
11 114 For abatement of the rent of a tenant other than permanenttenure-holder or fixed-rate tenant. Ditto Ditto Ditto
12 115 For abatement of the rent of fixed-rate, tenant. Ditto Ditto Ditto.
13 116 For abatement of rent of an under-proprietor or permanentlessee. Ditto Ditto Ditto.
14 117 For enhancement of the rent of a tenant other than a permanenttenure-holder or fixed-rate tenant. Ditto Ditto Ditto.
15 118 For enhancement of rent of fixed-rate tenant. Ditto Ditto Ditto.
16 171 For ejectment of s tenant and his transferee on account of anillegal sublease or other transfer. Ditto Ditto Ditto.
17 179 For the ejectment of a non-occupancy tenant who contests hisliability to ejectment. Ditto Ditto As in the Court Fees Act, 1870, on the rent payable.
18 180 For ejectment of a person occupying land without title and tordamages: -      
    (1) If the land is contiguous to any other land lawfullyoccupied by such person -      
    (a) if such person has, at the commencement of this Act.occupied the land for more than six years since the land-holderfirst knew of the unauthorized occupation; Twelve years When the land-holder first knew of the unauthorisedoccupation. As is the Court Fees Acts, 1870, on the rent payable.
    (b) in any other case Six years From the 1st July following the date of such occupation orfollowing the date of the commencement of this Act, whichever islater. Ditto
    (2) In any other case -      
    (a) if such person has, at the commencement of this Act,occupied the land for more than 9 years since the land-holderfirst knew of the unauthorised occupation; Twelve years When the land-holder first knew of the unauthorized occupation As in the Court Fees Act, 1870, on the rent payable
    (b) in any other case [Twelve years] [Substituted by U.P. Act No. 10 of 1947.] For the 1st July following the date of the unauthorizedoccupation or following the date of the commencement of this Act,whichever is later. Ditto
19 188 for recovery of possession of a holding or for compensation orboth. [Three years] [Substituted by U.P. Act No. 41 of 1948.] When the wrongful dispossession takes place or when the tenantis prevented from obtaining possession. As in the Court Fees Act, 1870.
20 190, 192 For declaration and assessment of revenue or rent on a grant. None None As in the Court Fees Act. 1870, according to the annualletting value of the land as estimated by the 'plaintiff.
21 190, 194 For fixing rent on a rent-free grant, or for enhancing rent ongrants held at a favourable rate of rent. Ditto Ditto Ditto.
22 190, 195 For the ejectment of a rent free grantee or of a granteeholding at a favourable rate of rent. Twelve years As in Section 195 Ditto
GROUP C - APPLICATIONS TRIABLE BY THE TAHSILDAR
SI. No. Section of Act Description of application Period of limitation Time from which period begins to run Proper court-fees
1 84 For the service of a notice of surrender under Section 82 or83. As in Section 84 As in Section 84 Nil.
2 137 For permission to deposit rent None None (i) If the amount deposited does not exceed Rs. fifty-fourannas.
          (ii) If the amount deposited exceeds Rs. 50 but does notexceed Rs. 100-eight annas.
          (iii) If the amount deposited exceeds Rs. 100 - one rupee.
3 138(4) For payment or refund of rent deposited under Section 137. Ditto Ditto As in the Court Fees Act, 1870.
4 142 For the deputation of an officer to make division, estimate orappraisement of produce or crops. Ditto Ditto Ditto
5 163(1) For the issue of a notice to an ex-proprietary, occupancy orhereditary tenant. As in Section 163 As in Section 163 Ditto
6 169(1) For arrears of rent or ejectment in default of a non-occupancy tenant. Three years When the arrears become due. Ditto
7 175 For the ejectment of non-occupancy tenant. None None Eight annas.
GROUP D - APPLICATIONS TRIABLE BY ASSISTANT COLLECTOR IN CHARGE OF SUB-DIVISION
SI. No. Section of Act Description of application Period of limitation Time from which period begins to run Proper court- fees
1 15 Demarcation of joint sir None None Eight annas.
2 16 Demarcation of sir Ditto Ditto Ditto
3 52 To have an exchange of land recorded in the record of rights. None None As in the Court Fees Act. 1870, according to the amount ofrent payable for the more highly rented of the two pieces of theland exchanged. For this purpose the rent of sir shall be thevaluation of such land at the rates applicable to hereditarytenant.
4 53 For exchange of land Ditto Ditto Ditto.
5 70 For permission to make an improvement Ditto Ditto As in the Court Fees Act, 1870.
6 71 Ditto Ditto Ditto Ditto.
7 77 Registration of works Six months The date of the completion of the improvement. Nil.
8 79(a) or (d) For establishment of right to make or benefit from a work. None None As in the Court Fees Act, 1870.
9 79(b) or (c) For settlement of dispute as to an improvement or as tocompensation or abatement of rent. One year The date of the completion of the improvement. Ditto.
10 80 For an order prohibiting the planting of trees or removing thetrees planted. None None Ditto.
11 81 For ownership of trees Ditto Ditto Ditto.
GROUP E - APPLICATIONS TRIABLE BY THE COLLECTOR
SI. No. Section of Act Description of application Period of limitation Time from which period begins to run Proper court- fees
[1, 2 & 3] [Serial Nos. 1 and 2 omitted by Section 33(a) of U.P. Act No. 10 of 1947.]. 91(4) For remission of revenue None None As in the Court Fees Act. 1870.
3A. [ [Added by Section 33(b) ibid.] 126-A Utilization of land in emergency Ditto Ditto Nil.]
4 154 For collection of rent[or canal dues] [Added by Section 7 of U.P. Act 1 of 1940, made by the Governor in exercise of the power assumed by him under Section 93 of Government of India Act, 1935.]as land revenue in caseof general refusal to pay. So long as notification remains in-force. When notification in the official Gazette is published. As on the plaint for arrears of rent.
GROUP F - OTHER APPLICATIONS
SI. No. Section of Act Description of application Period of limitation Time from which period begins to run Proper court- fees
1. 95 For determination of rent after ejectment from, or surrenderof part of, holding. None None As in the Court Fees Act, 1870.
2. 160 For determination of value of crops or trees and ofcompensation. Ditto Ditto Ditto.
3. 168 For the ejectment of an ex-proprietary, occupancy orhereditary tenant on the ground of an unsatisfied decree forarrears of rent. Two years On the expiry of one year from the date of the decree. Ditto.
4. 170 For the ejectment of non-occupancy tenant on the ground of anunsatisfied decree tor arrears of rent. Three years The date of the final decree in the case. Ditto.
5.   For the execution of a money decree or a decree under Section180 or Section 183 in as far as it relates to the payment ofdamages or compensation not being a decree for a sum exceedingRs. 500 inclusive of the costs of executing such decree butexclusive of any interest which may have accrued after decreeupon the sum decreed. Three years The date of the final decree in the case. As in the Court Fees Act, 1870.
6.   For the execution of any money decree or a decree underSection 180 or Section 183 in as far as it relates to the paymentof damages or compensation for a sum of money exceeding Rs. 500inclusive of the costs of executing such decree, but exclusive ofany interest which may have accrued alter decree upon the sumdecreed. The period allowed for the execution of a decree of the civilCourt. As in the case of a decree of the civil Court. Ditto
7.   For the execution of any decree other than a money decree. One year The date of the final decree in the case. Ditto
8. 273 and 274 For a review of judgment Ninety days The date of the decree or order Ditto
9. 275, 276 For revision None None Ditto
10. 294 For recovery of possession. As in the section As in the section One rupee.
GROUP G - APPEALS
SI. No. Section of Act Description of application Period of limitation Time from which period begins to run Proper court-fees
1. To a Collector Thirty days The date of the decree or order appealed against. As in the Court Fees Act, 1870.  
2. To a Commissioner or to a District Judge Ditto Ditto Ditto  
3. To the Board, High Court[* * *] [The words (or the Chief Court) omitted by the A.O. 1950.] Ninety days Ditto Ditto  
THE FIFTH SCHEDULE(See Section 136)Form of Counter Foil and Receipt for RentNote. - In the forms sold to Court of Wards Estates and to other proprietors, if they so desire, the receipt portion will be printed in duplicateCOUNTERFOILBook No............Page No...........Receipt No........Name of land-holder........Received from tenant (name and father's name)........... of village..........mahal........patti.........as follows :
Date By whom paid (description) Nature of tenant's holding Kishtand year Whether on account of rent or ofsayar Whether in full or in part payment Amount received
            Rs. np.
- Signature of land-holder or agentNote. - Under Section 133 of the United Provinces Tenancy Act, separate receipts must be issued for each payment of rent or of sayar.RECEIPTBook No...........Page No........Receipt No..........Name of land-holder..........Received from tenant (name and father's name)....... of village mahal.........patti as follows :
Date By whom paid (description) Nature of tenant's holding Kishtand year Whether on account of rent or ofsayar Whether in full or in part payment Amount received
            Rs. np.
- Signature of land-holder or agentNote. - Under Section 133 of the United Provinces Tenancy Act, separate receipts must be issued for each payment of rent or of sayar.THE SIXTH SCHEDULE(See Section 123)Provision for the Granting of Relief in Agricultural Calamities