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State of Odisha - Section

Section 97 in The Orissa Tenancy Act, 1913

97. Surrender.

(1)A raiyat not bound by a lease or other agreement for a fixed period may at the end of any agricultural year, surrender his holding.
(2)But, notwithstanding the surrender the raiyat shall be liable to indemnify the landlord against any loss of the rent of the holding for the agricultural year next following the date of the surrender, unless he gives to his landlord, at least three months before he surrenders, notice in writing of his intention to surrender.
(3)When a raiyat has surrendered his holding, the Court shall in the following cases, for the purposes of Sub-section (2), presume, until the contrary is shown, that such notice was so given, namely :
(a)if the raiyat takes a new holding in the same village from the same landlord during the agricultural year next following the surrender;
(b)if the raiyat ceases, at least three months before the end of the agricultural year at the end of which the surrender is made, to reside in the village in which the surrendered holding is situate.
(4)The raiyat may, if he thinks fit, cause the notice to be served through the Revenue Court within the jurisdiction of which the holding or any portion of it is situate.
(5)When a raiyat has surrendered his holding, the landlord may enter on the holding and either let it to another tenant or take into cultivation himself.
(6)When a holding is subject to an encumbrance secured by a registered instrument, the surrender of the holding shall not be valid unless the landlord is informed of the encumbrance, and the surrender is made with the consent, in writing, of the landlord and the encumbrancer.
(7)Save as provided in Sub-section (6), nothing in this Section shall affect any arrangement by which a raiyat and his landlord may arrange for a surrender of the whole or a part of the holding.