Section 4 in The U.P. Government Estates Thekedari Abolition Act, 1958
4. Consequences of determination of leases.
- Whenever a lease is determined under and in pursuance of Section 3, the following consequences shall follow, namely:(a)except as hereinafter provided all the rights, title and interest of the lessee under the lease shall cease (as though the term of the lease had then expired);(b)[ where under and in accordance with the terms of the lease, the lessee has brought any land included in the lease under his personal cultivation the lessee shall become hereditary tenant of such land, or where such land exceeds the ceiling area, then of so much of such land as in aggregation with any other land held by him in Uttar Pradesh makes up the ceiling area and shall be liable as such to pay rent equal or proportionate, as the case may be, to the rent, if any, payable in terms of the lease;] [Substituted by U.P. Act 28 of 1970, Section 4 (w.e.f. 20-6-1964).]Provided that where the total area of such land, held by the lessee exceeds 30 acres, the lessee shall be a hereditary tenant of only 30 acres area and the excess area, to be separated and demarcated from the 30 acres area by the Assistant Collector incharge of the sub-division on the application of the lessee or the Collector, shall become and be deemed to be vacant land and the lessee shall be liable to ejectment from such excess area;(c)the lessee shall continue to be entitled to recover any arrears of rent, cesses or other dues in respect of any land included in the lease for the period previous to the date of determination;(d)all rents, cesses and other dues in respect of any such land for any period after the date of determination, which but for such determination would have been payable to the lessee, shall be payable to the State Government and any payment, whether made before or after such determination, shall not be a valid discharge on the person liable to pay the same without prejudice, however, to the right of such person to recover the same from the lessee;(e)where under an agreement or contract not being the lease determined as aforesaid, made before the date of determination, any rent, cess or other dues for any period after the said date has been paid to or compounded or realized by the lessee, the same shall, notwithstanding the agreement or the contract, be recoverable by the State Government from the lessee and may, without prejudice to any other mode of recovery, be realized by deducting the amount from the compensation money payable to such lessee under this Act;(f)all arrears of rents, cesses, taqavi or other dues payable by a lessee in respect of any period prior to the date of determination shall continue to be recoverable from such lessee and may, without prejudice to any other mode of recovery, be realized by deducting the amount from the compensation money payable to such lessee under this Act;(g)every mortgage, sub-lease or other transfer of lessee rights in force on the date immediately preceding the date of determination shall determine and the provision of sub-section (2) of Section 73 of the Transfer of Property Act, 1882, shall have effect with respect to the compensation awarded under this Act as if the land included in the lease had been acquired under an enactment providing for compulsory acquisition;(h)all buildings situate on any land included in the lease held by the lessee shall continue to be held by him for the remainder of the period of the lease upon terms and conditions to be prescribed and further that upon the expiry of the period aforesaid the same shall unless a different intention is contained in the lease (and on such a case that intention shall prevail) be vested in the State.
