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State of Uttar Pradesh - Section

Section 115U in U.P. Zamindari Abolition and Land Reforms Rules, 1952

115U. [ [Added by Notification No. U.O. 605/Rajaswa-1-2(8)/1975, dated 01.11.1975.]

(1)Where any person referred to in sub-section (3) of Section 112-C has built a house on land held by a tenure-holder (not being a Government lessee) and such house exists on the fifteenth day of March 1974, the site of the house shall be deemed to be held by the owner of the house on the terms and conditions, enumerated in sub-rules 5(2) to (7) below.
(2)The owner of the house as well as his heirs shall have a heritable interest in the site and shall also have unrestricted right to use the trees and wells existing on the site subject to existing rights of easements.
(3)He shall have a right to use the site for construction of residential house, subject to existing rights of easement.
(4)The owner of the house shall not be liable to pay to the tenure-holder or the State Government any future rent in respect of the site.
(5)The succession over the site shall be governed by personal law to which the house owner was subject to.
(6)The owner of the house and his heirs shall not be liable to ejectment on any ground whatsoever.
(7)If the building is abandoned or if the owner thereof dies without any heir entitled to succeed, the land or site shall escheat to the State.
(8)The tenure-holder shall be allowed remission of the proportionate land revenue for the portion of his holding settled under this rule with house owners. The land shall also be classified as abadi in the annual register maintained under the U.P. Land Revenue Act.]