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Madras Presidency - Section

Section 185B in Madras Estates Land Act, 1908

185B. Acquisition of occupancy right in lands in which kudivaram is declared to be in inamdar.

(1)Any land in respect of which the kudivaram is declared under section 185-A to have vested in the landholder on the first day of November 1933 and to have been retained by him ever since shall be ryoti land.
(2)In respect of any land referred to in sub-section (1), the landholder shall, on the application of the tenant and on the tender by him as compensation of an amount equal to the annual rent payable in respect of the land as may have been agreed to by the landholder together with the cost of preparing any instrument required for the purpose, confer upon the tenant a permanent right of occupancy in respect of the said land:Provided that in the case of a dispute as to the amount payable as compensation, the tenant or the landholder may apply to the Collector to fix the same and the Collector may determine an amount equal to the annual rent payable in respect of the land as the amount payable as compensation.
(3)If a landholder to whom an application and tender have been made by a tenant fails for a period of one month to confer a permanent right of occupancy, the tenant may deposit the amount payable as compensation together with the costs of preparing any instrument required for the purpose in the Collector's office and apply to the Collector to confer on him permanent right of occupancy in respect of that land.
(4)The Collector shall thereupon give notice of the application to the landholder and after hearing him if he appears and making such inquiry as he thinks necessary, may execute any instrument required for conferring a permanent right of occupancy upon the tenant in respect of the land and such execution shall have the same effect as an execution by the landholder.
(5)Notwithstanding anything contained in section 151 or in any other provisions of this Act, where the tenant -
(a)fails within a period of one year from the date of the declaration referred to in sub-section (1) to make an application and tender to the landholder under the first paragraph of sub-section (2), or
(b)in the case of a dispute as to the amount payable as compensation, fails to tender the amount fixed as compensation by the Collector under the proviso to sub-section (2) within a period of one year from the date of such determination, the tenant shall, on the application of the landholder to the Collector, be liable to be ejected:
Provided that in the event of an appeal to the District Collector regarding the amount of compensation, the period of one year referred to in clause (b) shall be computed from the date of the disposal of the appeal.]