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Madras Presidency - Section

Section 8 in Madras Estates Land Act, 1908

8. [ Merger of occupancy right. [Substituted for the original section 8 by section 7 of the Madras Estates Land (Amendment) Act, 1934 (Madras Act VIII of 1934).]

(1)Whenever before or after the commencement of this Act, the occupancy right in any ryoti land vests in the landholder, he shall have no right to hold the land as a ryot but shall hold it as a landholder, but nothing in this sub-section shall prejudicially affect the rights of any third person.][***] [Omitted by the Madras Estates Land (Third Amendment) Act, 1936 (Madras Act XVIII of 1936).]
(2)Whenever before or after the commencement of this Act, the occupancy right in any ryoti land vests in any co-landholder, he shall be entitled to hold the land subject to the payment to his co-landholders of the shares of the rent which may from time to time be payable to them and if such co-landholder lets the land to a third person, such third person shall be deemed to be a ryot in respect of the land.
(3)The merger, if any, of the occupancy right under sub-sections (1) and (2) shall not [***] [Words 'except in the case referred to in the proviso to sub-section (1)' were omitted by section 4(ii) of the Madras Estates Land (Third Amendment) Act, 1936 (Madras Act XVIII of 1936).] have the effect of converting ryoti land into private land.
(4)Where after the passing of this Act, the interest of the ryot in the holding passes to the landholder by inheritance, the landholder shall, notwithstanding anything contained in this Act have, the right for a period of twelve years from the date of succession, of admitting any person to the possession of such land on such terms as may be agreed upon between them.
(5)[ If before the first day of November 1933, the landholder has obtained in respect of any land in an estate within the meaning of sub-clause (d) of clause (2) of section 3 a final decree or order of a competent Civil Court establishing that the tenant has no occupancy right in such land, and no tenant has acquired any occupancy right in such land before the commencement of the Madras Estates Land (Third Amendment) Act, 1936 (Madras Act XVIH of 1936), the landholder shall, if the land is not private land within the meaning of this Act, have the right, notwithstanding anything contained in this Act, for a period of twelve years from the commencement of the Madras Estates Land (Third Amendment) Act, 1936 (Madras Act XVIII of 1936), of admitting any person to the possession of such land on such terms as may be agreed upon between them:] [Sub-section (5) was added by section 4(iii) of the Madras Estates Land (Third Amendment) Act, 1936 (Madras Act XVIII of 1936).]Provided that nothing contained, in this sub-section shall be deemed during the said period of twelve years or any part thereof to affect the validity of any agreement between the landholder and the tenant subsisting at the commencement of the Madras Estates Land (Third Amendment) Act, 1936 (Madras Act XVIII of 1936).