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[Cites 0, Cited by 1] [Section 126] [Entire Act]

State of Odisha - Subsection

Section 126(3) in The Orissa Tenancy Act, 1913

(3)Such suit may be instituted on any of the following grounds and on no others, namely :
(a)that the land is not liable to payment of rent;
(b)that the land, although entered in the record-of-rights as being held rent-free, is liable to the payment of rent;
(c)that the relation of landlord and tenant does not exist;
(d)that the land has been wrongly recorded as part of a particular estate, sub-proprietary interest or tenancy, or wrongly omitted from the lands of an estate, sub-proprietary interest or tenancy;
(e)that the tenant belongs to a class different from that to which he is shown in the record-of-rights, as belonging;
(f)that the Revenue Officer has not postponed the operation of the settled rent under the provisions of Section 139, proviso (a) or has wrongly fixed the date from which it is to take effect under that clause;
(g)that the special conditions and incidents of the tenancy, or any right of way or other easement attaching to the land which is the subject of the tenancy, have not, or has not, been recorded, or have, or has been wrongly recorded.
The Government shall not be made a defendant in any such suit, unless the Government is landlord or tenant of the land to which the aforesaid entry relates or in respect of which the aforesaid omission has made.