PART III.—Commutation, abatement, enhancement, and determination of rentCentral

Section 161 of The Ajmer Tenancy and Land Records Act, 1950

Period for which rent is not liable to modification.

Save as provided in section 163, when the rent of an occupancy, an exproprietary or a hereditary tenant has been commuted, abated or enhanced in accordance with the provisions of this Act, it shall not be liable to be commuted, abated or enhanced unless--

(i)in case of abatement or enhancement of rent--

(a)the revenue payable by the landlord has been revised; or
(b)there has occurred a decrease or increase in the productive power or the area of the land held by the tenant, as provided in clauses (b) and (c) of sections 153 and 154; or
(c)the sanctioned rates have been altered; and
1. (ii)in case of commutation of rent, a period of three years, or such longer period as may have been extended under section 83, has elapsed since the date of the last commutation order.

Summary

Section 161 establishes that once rent has been changed or set, it generally cannot be modified again for a set period.
Rent that has been commuted, changed from crops to cash, or adjusted up or down is protected from further changes.
One exception is if the government revises the revenue, which is the tax the landlord pays to the state.
A third exception occurs if the official sanctioned rates for the area are altered by the government.
For rent that was changed from crops to cash, at least three years must usually pass before another change can be made.

Practical examples

1Vikram's rent was changed from crop-sharing to cash in 1951. In 1952, the landlord wants to raise the cash amount. Under this law, the landlord must wait until 1954 unless a specific exception like a productivity change occurs.

2Fatima's rent was settled by the court last year. This year, the government officially changes the sanctioned rates for her entire district. Because of this, her rent can be modified again despite the usual time limit.

FAQ

1. How long is rent fixed after it is changed under Section 161 of the Ajmer Tenancy Act?

Under Section 161 of the Ajmer Tenancy and Land Records Act, 1950, once rent is changed, it is generally not liable to modification for three years if it was commuted, unless specific exceptions apply.

2. Can rent be changed if the government raises the landlord's taxes under Section 161 of the Ajmer Tenancy Act?

Yes, Section 161 of the Ajmer Tenancy and Land Records Act, 1950, allows rent modification if the revenue, which is the tax the landlord pays, has been revised.

3. Does Section 161 of the Ajmer Tenancy Act allow rent changes if land is washed away?

Yes, Section 161 of the Ajmer Tenancy and Land Records Act, 1950, allows for changes if there is a decrease or increase in the area of land as provided in the rules for diluvion and alluvion.

4. What happens if the government changes the official sanctioned rates under Section 161 of the Ajmer Tenancy Act?

Under Section 161 of the Ajmer Tenancy and Land Records Act, 1950, a change in the officially sanctioned rates is a valid reason to modify a tenant's rent before the usual time limit expires.

Test yourself

Q1.According to Section 161 of The Ajmer Tenancy and Land Records Act, 1950, what is the standard waiting period for modifying rent that was changed from crops to cash?

Q2.Which of these is a valid reason to modify rent early under Section 161 of The Ajmer Tenancy and Land Records Act, 1950?

Q3.Under Section 161 of The Ajmer Tenancy and Land Records Act, 1950, rent can be modified if there is a change in land area as described in which other section?

Q4.Does Section 161 of The Ajmer Tenancy and Land Records Act, 1950, apply to occupancy tenants?

160PreviousSection 160 Basis of variation of rent in certain cases.162NextSection 162 Applications for variation of rent, by whom to be entertained.

←Section 160 Section 162→