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Bengal Presidency - Act

Bengal Tenancy Act, 1885

BENGAL PRESIDENCY
India

Bengal Tenancy Act, 1885

Rule BENGAL-TENANCY-ACT-1885 of 1885

Published on 14 March 1885
Commenced on 14 March 1885
[This is the version of this document from 14 March 1885.]
[Note: The original publication document is not available and this content could not be verified.]

Bengal Tenancy Act, 1885Act VIII of 1885

006.

[14th March, 1885]Supplemented : Bengal Act No. 3 of 1895.Repealed in Part and Amended : Act No. 38 of 1920; Bengal Act No. 1 of 1907; Bengal Act No. 4 of 1928; Bengal Act No. 2 of 1930 and E. B. & A. Act No. 1 of 1908.Adapted : The Government of India (Adaptation of Indian Laws) Order, 1937; the Indian Independence (Adaptation of Bengal and Punjab Acts) Order, 1948 and the Adaptation of Laws Order, 1950.An Act to amend and consolidate certain enactments relating to the Law of Landlord and Tenant within the territories under the administration of the Lieutenant-Governor of Bengal.Whereas it is expedient to amend and consolidate certain enactments relating to the law of Landlord and Tenant within the territories under the administration of the Lieutenant-Governor of Bengal.It is hereby enacted as follows :-

Chapter I
Preliminary

1. Short title.

(1)This Act may be called the Bengal Tenancy Act, 1885.

(2)Commencement. - It shall come into force on such date (hereinafter called the commencement of this Act) as the State Government, with the previous sanction of the Central Government, may, by notification in the Official Gazette, appoint in this behalf.

(3)Local extent. - It extends by its own operation to the whole of West Bengal, except -

(i)Calcutta, that is to say, the area described in Schedule I to the Calcutta Municipal Act, 1923, but excluding the area added to Calcutta as defined in clause (i) of section 3 of that Act;

(ii)

(a)the area added to Calcutta as defined in clause (1) of section 3 of the Calcutta Municipal Act, 1923, or any part thereof; and

(b)any area or part of any area included in Calcutta by notification under sub-section (3) of section 543 of that Act,

if such area or part is specified in a notification made in this behalf by the State Government;

(iii)any area constituted a municipality under the provisions of the Bengal Municipal Act, 1932, or part thereof, if such area or part is specified in a notification made in this behalf by the State Government :

Provided that a notification under this clause shall be no bar to the operation of this Act in respect of agricultural lands situated within the area specified in such notification; and

(iv)the Scheduled Districts specified in the Part III of the First Schedule to the Scheduled Districts Act, 1874 :

Provided that no notification shall be issued under clause (ii) or clause (iii) of this sub-section, unless-

(a)it is previously published in the area concerned or part thereof in the prescribed manner; and

(b)both Chambers of the State Legislature, by a resolution recommend that the notification be issued.

2. Repeal.

(1)The enactments specified in Schedule I hereto annexed are repealed in the territories to which this Act extends by its own operation.

(2)Any enactment or document referring to any enactment hereby repealed shall be construed to refer to this Act or to the corresponding portion thereof.

(3)The repeal of any enactment by this Act shall not revive any right, privilege, matter or thing not in force or existing at the commencement of this Act.

3. Definitions.

- In this Act, unless there is something repugnant in the subject or context,-

(1)"Agricultural year" means the Bengali year commencing on the first day of Baisakh :Provided that where, immediately before the commencement of the Bengal Tenancy (Amendment) Act, 1928, any other year has prevailed for agricultural purposes that year shall continue to prevail for those purposes until the first day of Baisakh next following the date of the commencement of that Act;

(2)"Collector" means the Collector of a district or any other officer appointed by the State Government to discharge any of the functions of a Collector under this Act;

(3)"complete usufructuary mortgage" means a transfer by a tenant of the right of possession in any land for the purpose of securing the payment of money or the return of grain advanced or to be advanced by way of loan upon the condition that the loan, with all interest thereon, shall be deemed to be extinguished by the profits arising from the land during the period of the mortgage;

(4)"estate" means land included under one entry in any of the general registers of revenue-paying lands and revenue-free lands, prepared and maintained under the law for the time being in force by the Collector of a district, and includes Government khas mahalsand revenue-free lands not entered in any register;

(5)"holding" means a parcel of land or an undivided share thereof, held by a raiyat or an under-raiyat and forming the subject of a separate tenancy whether the raiyat or under-raiyat has held the land before or after the commencement of the Bengal Tenancy (Amendment) Act, 1928;

(6)"landlord" means a person immediately under whom a tenant holds, and includes the Government;

(7)"pay", "payable" and "payment" used with reference to rent, include "deliver", "deliverable" and "delivery";

(8)"Permanent Settlement" means the Permanent Settlement of Bengal made in the year 1793;

(9)"permanent tenure" means a tenure which is heritable and which is not held for a limited time;

(10)"prescribed" means prescribed by rules made by the State Government under this Act;

(11)"proprietor" means a person owning whether in trust or for his own benefit, an estate or a part of an estate;

(12)"registered" means registered under any Act for the time being in force for the registration of documents;

(13)"rent" means whatever is lawfully payable or deliverable in money or kind by a tenant to his landlord on account of the use or occupation of the land held by the tenant :In sections 53 to 68, both inclusive, sections 72 to 75, both inclusive, Chapter XIV and Schedule III of this Act, "rent" includes also money recoverable under any enactment for the time being in force as if it was rent;

(14)"Revenue-officer" in any provision of this Act includes any officer whom the State Government may appoint by name or by virtue of his office to discharge any of the functions of a Revenue-officer under that provision;

(15)"signed" includes "marked" when the person making the mark is unable to write his name, it also includes "stamped" with the name of the person referred to;

(16)"succession" includes both intestate and testamentary succession;

(17)"tenant" means a person who holds land under another person, and is, or but for a special contract would be, liable to pay rent for that land to that person :Provided that a person who, under the system generally known as "adhi", "barga" or "bhag", cultivates the land of another person on condition of delivering a share of the produce to that person, is not a tenant, unless-

(i)such person has been expressly admitted to be a tenant by his landlord in any document executed by him or executed in his favour and accepted by him, or

(ii)he has been or is held by a Civil Court to be a tenant;

(18)"tenure" means the interest of a tenure-holder or an under-tenure-holder;

(19)"village" means the area defined, surveyed and recorded as a distinct and separate village in-

(a)the general land revenue survey which has been made of the State of West Bengal, or

(b)any survey made by the Government which has been adopted by notification in the Calcutta or Eastern Bengal and Assam and Gazette or which may be adopted by notification in the Calcutta Gazette, as defining villages for the purposes of this clause in any specified area; and where a survey has not been made by, or under the authority of, the Government, such area as the Collector may, with the sanction of the Board of Revenue, by general or special order, declare to constitute a village :

Provided that, when an order has been made under section 101 directing that a survey be made and a record-of-rights prepared in respect of any local area, estate, tenure or part thereof, the Government may, by notification in the Official Gazette, declare that in such local area, estate, tenure or part thereof "village" shall mean the area which for the purposes of such survey and record-of-rights may be adopted by the Revenue-officer with the sanction of the Board of Revenue accorded under the provisions of section 115A as the unit of survey and record.

Chapter II
Classes of Tenants

4. Classes of tenants.

- There shall be, for the purpose of this Act, the following classes of tenants, (namely) :-

(1)tenure-holders, including under-tenure-holders,

(2)raiyats, and

(3)under-raiyats, that is to say, tenants holding whether immediately or mediately under-raiyats; and the following classes of raiyats, namely :-

(a)raiyats holding at fixed rates, which expression means raiyats holding either at a rent fixed in perpetuity or at a rate of rent fixed in perpetuity,

(b)occupancy-raiyats, that is to say, raiyats having a right of occupancy in the land held by them, and

(c)non-occupancy-raiyats, that is to say, raiyats not having such a right of occupancy.

5. Meaning of "tenure-holder" and "raiyat".

(1)"Tenure-holder" means primarily a person who has acquired from a proprietor or from another tenure-holder a right to hold land for the purpose of collecting rents or bringing it under cultivation by establishing tenants on it, and includes also the successors-in-interest of persons who have acquired such a right.

(2)"Raiyat" means primarily a person who has acquired a right to hold land for the purpose of cultivating it by himself, or by members of his family, or by servants or labourers, or with the aid of partners, and includes also the successors-in-interest of persons who have acquired such a right.Explanation.-Where a tenant of land has the right to bring it under cultivation, he shall be deemed to have acquired a right to hold it for the purpose of cultivation, notwithstanding that he uses it for the purpose of gathering the produce of it or of grazing cattle on it.

(3)A person shall not be deemed to be a raiyat unless he holds land either immediately under a proprietor or immediately under a tenure-holder.

(4)In determining whether a tenant is a tenure-holder or a raiyat, the Court shall have regard to -

(a)local custom; and

(b)the purpose for which the right of tenancy was originally acquired.

(5)Where the area held by a tenant exceeds one hundred standard bighas, the tenant shall be presumed to be a tenure-holder until the contrary is shown.

Chapter III
Tenure-holders

Enhancement of rent

6. Tenure held since Permanent Settlement liable to enhancement only in certain cases.

- Where a tenure has been held from the time of the Permanent Settlement, its rent shall not be liable to enhancement except on proof-

(a)that the landlord under whom it is held is entitled to enhance the rent thereof either by local custom or by the conditions under which the tenure is held, or

(b)that the tenure-holder, by receiving reductions, of his rent, otherwise than on account of a diminution of the area of the tenure, has subjected himself to the payment affording it.

7. Limits of enhancement of rent of tenures.

(1)Where the rent of a tenure-holder is liable to enhancement, it may, subject to any contract between the parties, be enhanced up to the limit of the customary rate payable by persons holding similar tenures in the vicinity.

(2)Where no such customary rate exists, it may, subject as aforesaid, be enhanced up to such limit as the Court thinks fair and equitable.

(3)In determining what is fair and equitable, the Court shall not leave to the tenure-holder as profit less than 10 per cent of the balance which remains after deducting from the gross rents payable to him the expenses of collecting them, and shall have regard to-

(a)the circumstances under which the tenure was created, for instance, whether the land comprised in the tenure, or a great portion of it, was first brought under cultivation by the agency or at the expense of the tenure-holder or his predecessors-in-interest, whether any fine or premium was paid on the creation of the tenure, and whether the tenure was originally created at a specially low rent for the purpose of reclamation; and

(b)the improvements, if any, made by the tenure-holder or his predecessors-in-interest.

(4)If the tenure-holder himself occupies any portion of the land included in the area of his tenure, or has made a grant of any portion of the land either rent-free or at a beneficial rent, a fair and equitable rent shall be calculated for that portion and included in the gross rents aforesaid.

8. Power to order progressive enhancement.

- If it thinks that an immediate increase of rent would produce hardship, the Court may direct that the enhancement shall take effect gradually at such times and by such instalments extending over a period not exceeding ten years as the Court may fix in this behalf.

9. Rent once enhanced may not be altered for fifteen years.

-When the rent of a tenure-holder has been enhanced by the Court or by contract, it shall not be again enhanced by the Court during the fifteen years next following the date on which it has been so enhanced and for the purposes of this section, if an order for gradual enhancement of such rent has been made by a Court in accordance with the provisions of section 8, the full rent fixed by such order shall be deemed to have come into effect from the date of such order.Other incidents of tenures

10. Permanent tenure-holder not liable to ejectment.

- A holder of a permanent tenure shall not be ejected by his landlord except on the ground that he has broken a condition on breach of which he is, under the terms of a contract between him and his landlord, liable to be ejected :Provided that where the contract is made after the commencement of this Act, the condition is consistent with the provisions of this Act.

11. Transfer and transmission of permanent tenure.

- Every permanent tenure shall, subject to the provisions of this Act, be capable of being transferred and bequeathed in the same manner and to the same extent as other immovable property.

12. Voluntary transfer of permanent tenure.

(1)A transfer of a permanent tenure by sale, gift or mortgage (other than a transfer by sale in execution of a decree or by summary sale under any law relating to patni or other tenures) can be made only by a registered instrument.

(2)A registering officer shall not accept for registration any instrument purporting or operating to transfer by sale, gift or usufructuary mortgage a permanent tenure in favour of any person other than the sole landlord of such tenure unless there is paid to him, in addition to any fees payable under the Act for the time being in force for the registration of documents, a process-fee of the prescribed amount and there is filed in the prescribed manner with the instrument a notice of transfer in the prescribed form for service thereof on the landlord or his common agent, if any.

(3)When any such instrument is admitted to registration, the registering officer shall cause the notice of transfer referred to in sub-section (2) to be served on the landlord named in the notice or his common agent, if any, in the prescribed manner.

(4)Omitted

13. Transfer of permanent tenure by sale in execution of decree other than decree for rent.

(1)When a permanent tenure is sold in execution of a decree other than a decree for arrears of rent due in respect thereof, or when a mortgage of a permanent tenure, other than an usufructuary mortgage thereof, is foreclosed, the Court shall, before confirming the sale under Rule 92 of Order XXI in Schedule I to the Code of Civil Procedure, 1908 or making a decree or order absolute for the foreclosure, require the purchaser or mortgagee to pay into Court such process fee as may be prescribed and also to file in the prescribed manner in the Court a notice of the sale or final foreclosure in the prescribed form for service thereof on the landlord or his common agent, if any.

(2)When the sale has been confirmed or the decree or order absolute for foreclosure has been made, the Court shall cause the notice referred to in sub-section (1) to be served on the landlord named in the notice or his common agent, if any, in the prescribed manner.

14. Transfer of permanent tenure by sale in execution of decree for rent.

- Repealed in Western Bengal by s. 2 of the Bengal Tenancy (Amendment) Act, 1907 (Bengal Act No. 1 of 1907), and in Eastern Bengal by s. 2 of the Eastern Bengal and Assam Tenancy Amendment Act, 1908 (E. B. & A. Act No. 1 of 1908).

15. Succession to permanent tenure.

- When a succession to a permanent tenure takes place, the person succeeding shall give notice of the succession to the landlord or his common agent if any, in the prescribed form within six months from the date of succession, in addition to or substitution of any other mode of service, in the manner referred to in sub-section (3) of section 12 :Provided that where, at the instance of the person succeeding, mutation is made in the rent-roll of the landlord within six months of the succession, the person succeeding shall not be required to give notice under this section.

16. Bar to recovery of rent, pending notice of succession.

- A person becoming entitled to a permanent tenure by succession shall not be entitled to recover by suit or other proceeding any rent payable to him as the holder of the tenure, until the duties imposed upon him by section 15 have been performed.

16A. Interpretation.

- In sections 13, 15 and 16 the words "persons succeeding", "transferee" "purchaser", "mortgagee" and "person becoming entitled to a permanent tenure by succession" include the successors-in interest of such persons, but do not include the landlord where he is the sole landlord.

17. Transfer of, and succession to, share in permanent tenure.

- Subject to the provisions of section 88, sections 12, 13, 15 16 and 16A shall apply to the transfer of, or succession to, a share in a permanent tenure.

Chapter IV
Raiyats holding at fixed rates

18. Incidents of holdings at fixed rates.

(1)A raiyat holding at a rent, or rate of rent, fixed in perpetuity-

(a)shall be subject to the same provisions with respect to the transfer of, and succession to, his holding as the holder of a permanent tenure;

(b)shall not be ejected by his landlord except on the ground that he has broken a condition consistent with the provisions of this Act, and on breach of which he is, under the terms of a contract between himself and his landlord, liable to be ejected;

(c)shall be deemed to be a settled raiyat of the village if he complies with the conditions set forth in section 20; and

(d)shall be entitled-

(i)to plant,

(ii)to enjoy the flowers, fruits and other products of,

(iii)to fell, and

(iv)to utilise or dispose of the timber of, any tree on the land comprised in his holding.

(2)The provisions of sections 23A to 38 (both inclusive) shall not apply to raiyats holding at fixed rates, even though such raiyats have a right of occupancy in the lands of their holdings.

Chapter IV
A Provisions as to transfers of tenures and holdings and landlord's fees

18A. Saving as to statements instruments of transfer where land

lord is no party. - Notwithstanding anything contained in section 13 of the Indian Evidence Act, 1872 nothing contained in any instrument of transfer to which the landlord is not a party shall be evidence against the landlord of the permanence, the amount or fixity of rent, the area, the transferability or any incident of any tenure or holding referred to in such instrument.

18B. Saving as to acceptance of landlord's fees.

- The acceptance by a landlord of the landlord's fee payable under Chapter III or Chapter IV in respect of any tenure or holding shall not operate -

(a)as an admission of the permanence, the amount of fixity of rent, the area, the transferability or any incident of such tenure or holding, or

(b)as an express consent under section 88 to the division of such tenure or holding or to the distribution of the rent payable in respect thereof.

18C. Forfeiture of unclaimed landlord's fees.

- All landlord's fees and landlord's transfer fees deposited with the Collector before or after the commencement of the Bengal Tenancy (Amendment) Act, 1928, under Chapter III, IV or V, and all fees deposited with the Collector under sub-section (1) of section 48H, shall unless accepted or claimed by the landlord within five years from the date of service of notice, be forfeited to the Government.

Chapter V
Occupancy-raiyats

General

19. Continuance of existing occupancy-rights.

(1)Every raiyat who, immediately before the commencement of the Bengal Tenancy (Amendment) Act, 1928, has, by the operation of any enactment by custom or otherwise, a right of occupancy in any land, shall, when that Act comes into force, have a right of occupancy in that land.

(2)The exclusion from the operation of this Act, by a notification under clause (ii), clause (iii) of sub-section (3) of section 1, of any area or part of any area referred to in those clauses shall not affect any right,obligation, or liability, previously acquired, incurred or accrued, in reference to such area or part thereof.

20. Definition of "settled raiyat".

(1)Every person who for a period of twelve years, whether wholly or partly before or after the commencement of this Act, has continuously held as a raiyat land situate in any village, whether under a lease or otherwise, shall be deemed to have become, on the expiration of that period, a settled riayat of that village.

(1A)A person shall be deemed, for the purposes of this section, to have continuously held land in a village, notwithstanding that such village was defined, surveyed and recorded as, or declared to constitute a village at a date subsequent to the commencement of the said period of twelve years.

(2)A person shall be deemed for the purposes of this section to have continuously held land in a village notwithstanding that the particular land held by him has been different at different times.

(3)A person shall be deemed, for the purposes of this section, to have held as a raiyat any land held as a raiyat by a person whose heir he is.

(4)Land held by two or more co-sharers as a raiyati holding shall be deemed, for the purposes of this section, to have been held as a raiyat by each such co-sharer.

(5)A person shall continue to be a settled raiyat of a village as long as he holds any land as a raiyat in that village and for one year thereafter.

(6)If a raiyat recovers possession of land under section 87, he shall be deemed to have continued to be a settled raiyat notwithstanding his having been out of possession more than a year.

(7)If, in any proceeding under this Act, it is proved or admitted that a person holds any land as a raiyat, it shall, as between him and the landlord under whom he holds the land, be presumed for the purposes of this section, until the contrary is proved or admitted, that he has for twelve years continuously held that land or some part of it as a raiyat.

21. Settled raiyats to have occupancy-rights.

(1)Every person who is a settled raiyat of a village within the meaning of section 20 shall have a right of occupancy in all land for the time being held by him as a raiyat in that village.

(2)Every person who, being a settled raiyat of a village within the meaning of section 20, held land as a raiyat in that village at any time between the second day of March, 1883, and the commencement of this Act, shall be deemed to have acquired a right of occupancy in that land under the law then in force; but nothing in this sub-section shall affect any decree or order passed by a Court before the commencement of this Act.

22. Effect of acquisition of occupancy-right by landlord.

(1)When the immediate landlord of an occupancy holding is a proprietor or permanent tenure-holder and the entire interests of the landlord and the raiyat in the holding become united in the same person by transfer, succession or in any other way whatsoever, such person shall have no right to hold the land as a raiyat, but shall hold it as a proprietor or a permanent tenure-holder, as the case may be, but nothing in this sub-section shall prejudicially affect the rights of any third person.

(2)Nothing in this section shall prevent the acquisition by transfer, succession or in any other way whatsoever, of the holding of an occupancy-raiyat or share or portion thereof together with the occupancy-rights therein by a person who is, or becomes, jointly interested in the lands as a proprietor or a permanent tenure-holder :Provided that a co-sharer landlord who purchases a holding of a raiyat at a sale in execution of a rent decree or of a certificate under this Act shall not hold the land comprised in such holding as a raiyat but shall hold the land as a proprietor or tenure-holder, as the case may be, and shall pay to his co-sharers a fair and equitable sum for the use and occupation of the same. The rent payable by the raiyat to the other co-sharer landlords at the time of transfer shall be regarded as the fair and equitable sum until otherwise determined in accordance with the principles of this Act regulating the enhancement or reduction of the rents of occupancy-raiyats.

(3)A person holding land as a temporary tenure-holder or farmer of rents shall not, while so holding, acquire a right to hold as a raiyat any land comprised in his temporary tenure or farm.Explanation.- A person having a right to hold the lands of an occupancy holding as a raiyat does not lose it by subsequently holding the land as a temporary tenure-holder or farmer of rents.Incidents of occupancy-right

23. Rights of raiyat in respect of use of land.

- When a raiyat has a right of occupancy in respect of any land, he may use the land in any manner which does not materially impair the value of the land or render it unfit for the purposes of the tenancy.

23A. Rights of occupancy-raiyat and landlord in trees.

- Subject to the provisions of section 23, when a raiyat has a right of occupancy in respect of any land, he shall be entitled-

(i)to plant,

(ii)to enjoy the flowers, fruits and other products of,

(iii)to fell, and

(iv)to utilise or dispose of the timber of, any tree on such land.

24. Obligation of raiyat to pay rent.

- An occupancy-raiyat shall pay rent for his holding at fair and equitable rates.

25. Protection from eviction except on specified grounds.

- An occupancy-raiyat shall not be ejected by his landlord from his holding, except in execution of a decree for ejectment passed on the ground-

(a)that he has used the land comprised in his holding in a manner which renders it unfit for the purposes of the tenancy, or

(b)that he has broken a condition consistent with the provisions of this Act, and on breach of which he is, under the terms of a contract between himself and his landlord, liable to be ejected.

26. Devolution of occupancy-right on death.

- If a raiyat dies intestate in respect of a right of occupancy, it shall, subject to any custom to the contrary, descend in the same manner as other immovable property : provided that, in any case in which under the law of inheritance to which the raiyat is subject his other property goes to the Government, his right of occupancy shall be extinguished.

26A. Application of sections 26B to 26J.

- Repealed by s. 3 of the Bengal Tenancy (Amendment) Act, 1938 (Bengal Act No. 6 of 1938).

26B. Holdings of occupancy-raiyats with occupancy-rights transferable.

- The holding of an occupancy-raiyat or share or a portion thereof, together with the right of occupancy therein, shall, subject to the provisions of this Act, be capable of being transferred in the same manner and to the same extent as other immovable property.

26C. Manner of transfer and notices to landlord and co-sharers.

- (I) Every transfer shall be made by registered instrument, except in the cases of a bequest or a sale in execution of a decree or of a certificate signed under the Bengal Public Demands Recovery Act, 1913; and a registering officer shall not accept for registration any such instrument unless the sale price, or where there is no sale price, the value of the holding or portion or share thereof transferred is stated therein, and unless it is accompanied in the prescribed manner by-(i)a notice giving particulars of the transfer in the prescribed form, together with the process fee prescribed for the service thereof on the landlord or landlords or their common agent, if any, who is or are not party or parties to the transfer, and(ii)such notices and process fees as may be required by sub-section (4).

(2)In the case of a bequest of such a holding or portion or share thereof, no Court shall grant probate or letters of administration until the applicant files in the prescribed manner a notice and deposits a process fee similar to those referred to in clause (i) of sub-section (1).

(3)A Court or Revenue-officer shall not confirm the sale of such a holding or portion or share thereof put to sale in execution of a decree or a certificate signed under the Bengal Public Demands Recovery Act, 1913, and no Court shall make a decree or order absolute for foreclosure of a mortgage of such a holding or portion or share thereof, until the purchaser or the mortgagee, as the case may be, files in the prescribed manner a notice or notices and deposits a process fee or fees similar to those referred to in sub-section (1).

(4)If the transfer of a portion or share of such a holding be one to which the provisions of sub-section (1) of section 26F apply, there shall be filed in the prescribed manner notices giving particulars of the transfer in the prescribed form together with process fees prescribed for the service thereof on all the co-sharer tenants of the said holding who are not parties to the transfer.

(5)The Court. Revenue-officer or registering officer, as the case may be, shall, in the prescribed manner, serve the notices for which this section provides, and after receipt of such notice, the landlord or landlord's agent, as the case may be, shall not refuse to recognise the transferee as the tenant in respect of the holding or portion or share thereof transferred nor omit to enter the transferee's name in the landlord's rent-roll in place of that of the transferor or where only a share or a portion of the transferor's interest has been transferred, along with the name of the transferor :Provided that such recognition shall not operate as an admission of the amount of rent or the area or any incident of such occupancy holding other than the existence of a right of occupancy therein or be deemed to constitute an express consent of the landlord to the division of the holding or to the distribution of the rent payable in respect thereof :Provided further that if a transfer is subsequently set aside or modified by a competent authority, the party in whose favour such order has been made shall, unless such order has been passed in a suit, appeal or other proceedings to which the landlord was a party, deposit with the authority before whom the appropriate suit or proceeding was first initiated the prescribed fee for a notice on the landlord or his common agent, if any, describing the modifications made by such order, on receipt of which notice the landlord shall cause his rent-roll to be corrected accordingly.

(6)In this section -

(a)"transferee", "purchaser" and "mortgagee" include their successors-in-interest,

(b)"transfer" does not include partition or a lease, or, until a decree or order absolute for foreclosure is made, simple or usufructuary mortgage or mortgage by conditional sale, and

(c)"transferor" includes a person whose interest in a holding or portion or share thereof has terminated in the circumstances mentioned in sub-section (2) or sub-section (3).

26D. Landlord's transfer fee.

- Repealed by section 5 of the Bengal Tenancy (Amendment) Act, 1938 (Bengal Act No. 6 of 1938).

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