Section 20 of The Ajmer Tenancy and Land Records Act, 1950
Acquisition of exproprietary rights.
- (1)If the whole of the interest of a sole proprietor of a village or of a specific area thereof is transferred, either by foreclosure or sale in execution of a decree or order of a civil or revenue court, or by voluntary alienation, otherwise than (a) by gift or (b) by exchange of specific areas between co-sharers of the village, he shall become an exproprietary tenant of the whole of his khudkasht in such village or area which he has cultivated continuously for three years or more at the date of such transfer, and shall be entitled to hold the same at a rate payable by an exproprietary tenant under sections 63 and 64.
- (2)If a part only of the interest of a sole proprietor of a village or of a specific area thereof is so transferred, or where there are two or more co-sharers in the proprietary interest of a village or of specific area thereof, and such transfer relates to the whole or part of the proprietary interest of some of them, exproprietary rights shall accrue in so much of khudkasht so cultivated as appertains or corresponds to the part of the interest so transferred and, unless by mutual agreement the transferor and the transferee have demarcated the area in which exproprietary rights have accrued, and fixed the rent, not higher than the rent specified in sections 63 and 64, the sub-divisional officer shall, in the course of mutation proceedings or, if more convenient, in a separate proceeding, started on his own motion, or on the application of the exproprietary tenant or the landlord, or on the report of the patwari, demarcate such area and declare the rent in accordance with the provisions of sub-section (1).
- (3)A mortgage shall be deemed to be a voluntary alienation within the meaning of sub-section (1), if it has the effect of transferring proprietary possession of the land mortgaged from the mortgagor to the mortgagee but not otherwise.
- (4)Notwithstanding anything in sub-section (1), (2) or (3), exproprietary rights shall not accrue in grove-land, or in land transferred for any purpose inconsistent with the existence of a right of cultivation therein.
- (5)After disposing of the case for demarcation of the exproprietary area and declaration of rent thereon under sub-section (2), the sub-divisional officer shall submit the record of the case for confirmation of the order passed by him to the collector.
Summary
- This provision explains how a landlord who loses their ownership rights can stay on the land as a tenant.
- A person becomes an exproprietary tenant if their full or partial interest in a village is transferred through a court decree or a voluntary sale.
- This right only applies to land the owner cultivated personally for at least three continuous years before the transfer.
- Exproprietary tenants are required to pay rent at a specific rate which is one eighth of the produce of the land.
- Rights do not apply to grove land or land sold for purposes that do not allow farming.
- Mortgages that give possession of the land to the lender are treated as voluntary sales that trigger these rights.
Practical examples
FAQ
1. What happens if a landlord sells their land under The Ajmer Tenancy and Land Records Act, 1950?
Under Section 20, the landlord becomes an exproprietary tenant of the land they personally farmed for three or more years.
2. Does a mortgage count as a sale under Section 20 of the Act?
Yes, a mortgage is considered a voluntary sale if it results in the lender taking over the actual possession of the land.
3. What is the rent rate for someone who acquires rights under Section 20 of the Ajmer Tenancy and Land Records Act?
According to the scales mentioned in Section 20, which refer to Sections 63 and 64, the rent is one eighth of the produce.
4. Can someone get these rights on a fruit orchard under the Ajmer Act?
No, Section 20 explicitly states that these rights do not accrue in grove land.
Test yourself
Q1.Under Section 20 of The Ajmer Tenancy and Land Records Act, 1950, how long must a proprietor have cultivated land to gain exproprietary rights?
Q2.According to Section 20 of The Ajmer Tenancy and Land Records Act, 1950, which type of transfer does NOT create exproprietary rights?
Q3.Under Section 20 of The Ajmer Tenancy and Land Records Act, 1950, what is the rent liability for an exproprietary tenant based on Section 64?
Q4.Under Section 20 of The Ajmer Tenancy and Land Records Act, 1950, who demarcates the area and declares the rent if only part of an interest is transferred?