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State of Madhya Bharat - Section

Section 21 in The Madhya Bharat Abolition of Jagirs Act, Samvat 2008

21. Acquisition of Pacca tenancy rights by a sub-tenant or a tenant of a sub-tenant.

(1)A sub-tenant or a tenant of a sub-tenant who is in possession of any land in a resumed Jagir-land, may, within the relevant period, apply to the Tahsildar within whose jurisdiction that Jagir-land is situated (hereinafter referred to as "the Tahsildar") for acquiriing the rights of a Pacca tenant in his holding.Explanation. - For the purposes of this section, the expression "relevant period" shall mean-
(a)if the holding be in the possession of a tenant of a sub-tenant, a period of [eight years] [Substituted by M.P. Act 26 of 1958 for 'four years' and shall be deemed to have been substituted as soon as M.P. Act 20 of 1955 came into force (i.e. from 5-4-1955).] from the date of resumption, in case of the tenant and if the tenant fails to apply within the said period, a further period of six months, in case of the sub-tenant;
(b)if the holding be in the possession of a sub-tenant a period of [eight years] [Substituted by M.P. Act 26 of 1958 for 'four years' and shall be deemed to have been substituted as soon as M.P, Act 20 of 1955 came into force (i.e. from 5-4-1955).] from the date of resumption.
(2)An application under sub-section (1) shall be in such form as may be prescribed and shall be accompanied by a receipted Challan showing the payment into the treasury of the amount specified in Section 22 :Provided that a sub-tenant or a tenant of a sub-tenant shall have no right to make an application under this section if the original tenant or the sub-tenant, as the case may be, is under a disability specified in Section 74 of the Madhya Bharat Revenue Administration and Ryotwari Land Revenue and Tenancy Act,'Samvat 2007:Provided further that if the holding be in possession of a tenant of a sub-tenant the right of applying for the acquisition of Pacca tenancy rights under this section shall firstly be that of the tenant of the sub-tenant and the sub-tenant may exercise his said right only after the failure of his tenant to exercise the right within the period prescribed in clause (a) of the above explanation.