Section 9 in Andhra Pradesh (Andhra Area) Tenancy Act, 1956
9. Interest on arrears of rent:.
- Arrears of rent shall bear interest at the rate of 5½ per cent or at such other rate as may be fixed by the Government, from time to time, under Section 13 of the Andhra pradesh (Andhra Area) Agriculturists Relief Act, 1938.[10. Rights of cultivating tenants:. - (1) Every lease subsisting at the commencement of the Andhra Pradesh (Andhra Area) Tenancy (Amendment) Act, 1974, shall be deemed to be in perpetuity.(2)Every lease entered into between a landlord and his cultivating tenant on or after the commencement of the Andhra Pradesh (Andhra Area) Tenancy (Amendment) Act, 1974, shall be for a minimum period of six years Every such lease shall be in writing and shall specify the holding, its extent and the rent payable therefor with such other particulars as may be prescribed. The stamp and registration charges for every such lease shall be borne by landlord and the cultivating tenant in equal shares.(3)On the expiration of the period of lease referred to in sub-section (2) every such lease shall be renewable successively for a further minimum period of six years at a time. Every such renewal shall be governed by the same terms and conditions as under the original lease and be subject to the provisions of Sections 3 and 6.(4)Notwithstanding anything in any law for the time being in force, or any custom, decree or contract to the contrary, it shall be lawful for a cultivating tenant to mortgage, or create a charge on, his interest in the land in favour of the Government, a Co-operative Society including a land mortgage bank, or any other institution, in consideration of a loan advanced to him by the Government, Co-operative Society or institution, as the case may be, under the relevant law relating to the grant of loans to agriculturists for the time being in force in the State; and without prejudice to any other remedy open to the Government, Co-operative Society or institution, in the event of the cultivating tenant making a default in payment of such loan in accordance with the terms on which it was advanced, it shall be lawful for the Government, Co-operative Society or institution, as the case may be, to cause his interest in the land to be sold, and the proceeds thereof to be applied in payment of such loan.(5)All rights of a cultivating tenant under this section shall, subject to the provisions of Sections 12 and 13, be heritable.Explanation I: For the purpose of construing the term "heritable" in this section, the following persons only shall be deemed to be heirs of a cultivating tenant, namely:(a)his legitimate lineal descendants by blood or adoption;(b)in the absence of any such descendants, his widow for so long as she does not re-marry:Provided that where there is more than one heir, the heirs shall be entitled to sub-divide the interest in the holding according to their shares.Explanation II: - If a cultivating tenant dies without leaving a heir as aforesaid, all his rights shall be extinguished.] [Substituted for Section 10 by Act 39 of 1974, Section 7, w.e.f. 1.7.1980.]
