Section 11 in Standing Order No. 1 Of The Financial Commissioner Himachal Pradesh
11.
Paragraphs 807 and 808 of the Land Administration Manual lay down the guidelines for dealing with suits for arrears of rent.It is generally seen that in these suits sufficient use is not made of the documentary evidence available in the patwaris record and registers. The outturn of each class of land has to be ascertained with due care. In such suits it is necessary, therefore, to have a finding on each of the following points:-(a)The area under each kind of crop grown in the harvest for which the rent is claimed.(b)The approximate gross outturn.(c)The share of the produce after deducting Kamiana and reapers dues, if any, to which the landowner is entitled.(d)The prices at which the landowner's share should be commuted.For achieving this objective the following guidelines are laid down:-(i)Information under head (a) can be obtained from the khasra girdawari.(ii)Courts should insist on landowners claiming arrears of rent in kind to file with their plaints not only the usual extracts from the jamabandi, but also one from the khasra girdawari for the harvests for which the suit is filed.(iii)Patwaris should also be directed to note on the extract from the jamabandi the amount of demand payable for the land in dispute for each harvest, the land revenue and cesses being shown separately. The areas to be ascertained as under each crop will, of course, be that under matured crops, failed crops (kharaba) being deducted.Information under head (c) above can be had from the extract of the jamabandi which should show in the rent column the share of the produce due to the landowner.Paragraphs 807 and 808 of the Land Administration Manual provide the guiding principles in regard to information on (b) and (d) above.Important. - Collectors should stress upon Tehsildars to send a copy of the harvest prices recorded for each assessment circle to each Revenue Court every six months.
