74. Effect of lease purporting to admit to occupation after occupation has commenced - Where a tenure-holder, village headman or Raiyat has been in occupation of a tenure or holding, and a lease is executed with a view to the continuance of such occupation, he shall not be deemed to be admitted to occupation by that lease, notwithstanding that the lease may purport to admit him for occupation.
[74A. Determination of person to be village headman when tenancy is vacant. - (1) When a tenancy which, in accordance with custom, is held by a village headman, has for any reason been vacated, any three or more tenants holding land within the said tenancy or the landlord, may apply to the Deputy Commissioner to determine the person, who, in accordance with custom should be village headman entitled to hold the tenancy.(2)Such application may be made notwithstanding that a person is in possession of the land of the tenancy, or part thereof under the authority or with the consent of the landlord.(3)On receiving such application, the Deputy Commissioner shall, after giving notice in the prescribed manner to the landlord, the person, if any, referred to in subsection (2), the heirs of the last village-headman, the tenants and such other persons, if any, as he considers should be parties to the proceeding, make such inquiry as appears necessary, and determine the person, who, in accordance with customs, Should be village-headman entitled to hold the tenancy, and shall place such person in possession of the tenancy, if such person is not already in possession thereof.(4)In every such inquiry, the Deputy Commissioner shall have regard to the entries in a record-of-rights finally published under this Act or under any law in force before the commencement of this Act, and to the suitability of a person in respect of tribe or caste, membership of the village family, or of the latter village headman's family if it be not the village family, residence, character and other matter to be the village headman of the particular village or group of villages comprised in the tenancy.(5)No suit or application shall be entertained in any Court concerning any matter which is the subject of an application under sub-section (1), or which has been determined under sub-section (3) except a title suit in the Civil Court, instituted within one year from the date of the order passed by the Deputy Commissioner under sub-section (3) to establish the right of the plaintiff to succeed for the tenancy and to recover possession thereof from the person determined by Deputy Commissioner to be the village-headman entitled to hold the tenancy.(6)No application shall be made under sub-section (1) concerning a matter which is substantially in issue or has been substantially in issue and has been determined, in a suit instituted under the provisions of sub-section (6) of Section 139.]Measurements
