Section 82 in The United Provinces Tenancy Act, 1939
82. Surrender by tenant
. - (1) A tenant not bound by a lease or other agreement for a fixed period to continue to occupy the land in the following year, may, at the end of any agricultural year surrender his holding, by sending a registered notice to his land-holder intimating his intention to do so and by giving up possession thereof, whether such holding is or is not sub-let or mortgaged, but he shall not be entitled to surrender a portion only of his holding unless -(a)the holding is situated in an alluvial mahal for the time being registered as such under the rules made under clause (k) of Section 234 of the United Provinces Land Revenue Act, 1901, and a part of the holding has been washed away or rendered unculturable by fluvial action; or(b)the holding is situated in an alluvial mahal as aforesaid, or in a tract notified by the [State Government] under the provisions of sub-section (4) of Section 30 and the rent thereof has been agreed or fixed with reference to the amount of land actually cultivated in each year.Provided that an ex-proprietary tenant shall not surrender his holding or any part thereof until the expiry of a period, which, if his rights accrued on a mortgage, shall be three years and, in other cases, six months, from such accrual.(2)Notwithstanding such surrender, unless the tenant sends such registered notice before the first day of April, he shall be liable to the land-holder for the rent of holding for the agricultural year next following the date of the surrender.Provided that the tenant shall not be so liable in respect of any period during which the holding is let to another tenant, or is taken into his own cultivation or use by the land-holder.(3)Subject to the provisions of the proviso to sub-section (1), nothing in this section shall affect any arrangement by which a tenant and his land-holder may agree to the surrender of the whole or any portion of a holding.
