145. [ Recognition of transfer or devolution of holding or portion of a holding. [Section 145 was substituted for the original sections 145 and 146 by section 78 of the Madras Estates Land (Amendment) Act, 1934 (Madras Act VIII of 1934).]
(1)Whenever a holding or any portion thereof is transferred or whenever the same devolves by operation of law, the landholder shall, subject to the provisions of this section, be bound to recognize such transfer or devolution and enter into a fresh engagement or engagements as hereinafter provided.(2)Where a holding or any portion thereof is transferred by the act of a ryot, the landholder on receiving notice thereof in writing from the transferor and the transferee shall recognize the transfer.Any person presenting for registration any document transferring a holding or any portion thereof shall present therewith a notice in writing signed by the transferor and transferee, and addressed to the landholder asking for recognition of the transfer, and shall also pay to the registering officer such fee as the State Government may prescribe for the transmission of such notice to the landholder. The landholder shall recognize the transfer on receipt of the said notice.(3)Where there is a binding adjudication as to the fact and validity of a transfer of a holding or any portion thereof in any proceeding before a Civil or Revenue Court to which both the transferor and the transferee are parties, the landholder shall, on the production of a certified copy of the judgment, decree or order in such proceeding, be bound to recognize such transfer.(4)Where a holding or any portion thereof is transferred in pursuance of a decree or order of a Civil Court, or by a sale for arrears of rent, or for arrears of Government revenue, or for any demand recoverable as arrears of Government revenue or as arrears of rent, such transfer shall be recognized by the landholder on production of a certified copy of the decree or order establishing the transfer, or in cases in which the transfer is effected by sale under the order of any Court or public officer, on production of the sale certificate a certified copy thereof.(5)Where a holding or any portion thereof devolves by operation of law, the landholder on receiving notice thereof in writing from the person on whom the holding has devolved shall recognize the devolution.(6)(a)Where either the transferor or the transferee fails to join the other in applying to the landholder for recognition of the transfer, the transferee or the transferor, or where any dispute arises as to the person or persons on whom the holding or portion thereof has devolved, any person claiming by devolution the holding or portion, may apply to the Collector for an order certifying the transfer or the devolution, as the case may be.(b)The Collector, after giving notice to the transferor or transferee or other person interested and after making such inquiry as he thinks fit as to the fact and validity of the transfer or as to the person or persons on whom the holding or portion has devolved, may pass an order certifying the transfer or devolution, as the case may be. On production of a certified copy of such order, the landholder shall be bound to recognize the transfer or the devolution.(c)Nothing in this sub-section shall bar any suit in a Civil Court for establishing or setting aside any transfer or for enforcing any claim based on a devolution by operation of law.(7)Where the landholder has recognized the transfer or devolution of any holding or portion thereof under the foregoing provisions of this section -(i)in case the transfer or devolution is of the entire holding, the landholder shall be bound to enter into a separate engagement with the transferee or the person on whom the holding devolves, or if there is more than one such transferee or person, into a joint engagement with such transferees or persons;(ii)in case the transfer or devolution is of a portion of the holding and the portion is not defined by metes and bounds, the landholder shall be bound to enter into a joint engagement with the transferor and the transferee and the other co-sharers, if any, or with the person or persons on whom the portion of the holding devolves and the other co-sharers, if any:Provided that if the transferor has ceased to possess any interest in the holding, his name may, with his consent, be omitted from such engagement;(iii)in case the transfer or devolution is of a portion of the holding and the portion is defined by metes and bounds, the landholder shall be bound to enter into separate engagements with the holders of the sub-divisions:Provided that the landholder shall not be bound to enter into such engagements unless each of the sub-divisions conforms to the rules made by the State Government in that behalf.(8)In any case falling under the proviso to clause (iii) of sub-section (7), where the landholder does not enter into separate engagements with the holders of the sub-divisions, he shall be bound to enter into an engagement with them jointly.(9)The distribution of rent between the sub-divisions referred to in clause (iii) of sub-section (7) shall be made in the first instance by the landholder.If the distribution of rents be delayed for over six months or is not assented to by any of the parties concerned, the Collector shall on application by any such party make such distribution and the same shall be binding on the landholder and on all the other parties concerned.(10)The transfer of a holding or the recognition thereof by the landholder shall in no way affect the charge on the holding on the lands comprised therein for the rent which accrued due thereon prior to the date of transfer of its or their liability therefor.(11)The provisions of this section shall apply to the partition of a holding among the co-sharers as if it were a transfer.]
