Section 27 of The Ajmer Tenancy and Land Records Act, 1950
Right to sub-let.
- (1)Subject to the provisions of section 26 and sub-sections (2) to (4) of this section, a tenant may sub-let the whole or any portion of his holding.
- (2)No occupancy, exproprietary or hereditary tenant shall sub-let the whole or any portion of his holding--
- (a)to a person other than an agriculturist, or
- (b)for a term exceeding three years: Provided that a period of not less than three years shall intervene between the expiry of one sublease and the beginning of the next sub-lease.
- (3)No non-occupancy tenant, other than a sub-tenant, shall sub-let the whole or any portion of his holding for a term exceeding one year.
- (4)The rent payable by a sub-tenant to an occupancy, an exproprietary, a hereditary or a non-occupancy tenant shall be an amount not exceeding one and one-fifth of rent payable by such tenant to his land-holder: Provided that the restrictions imposed by clause (b) of sub-section (2) on sub-letting of a holding or portion thereof shall not apply when the lessor is a female, a minor, a lunatic, an idiot, or a person incpabale of cultivating by reason of blindness, or any physical infirmity, or service in the military, naval or air forces of India, or confinement in prison: Provided further that, in the case of a holding held jointly by more persona than one, the provisions of the first proviso shall not apply unless all such persons belong to one or more of the categories specified therein.
Summary
- This provision gives tenants the legal power to let out their land to others under specific conditions.
- Most tenants can only sub-let their land to people who are agriculturists (farmers).
- Occupancy, exproprietary, and hereditary tenants are limited to a maximum sub-lease term of three years.
- There must be a gap of at least three years before a tenant can sub-let the same land again.
- Non-occupancy tenants are restricted to sub-letting for only one year at a time.
Practical examples
FAQ
1. Can a sub-tenant let the land out to someone else under The Ajmer Tenancy and Land Records Act, 1950?
No, Section 26 of the Act strictly prohibits any sub-tenant from sub-letting the land to another person.
2. Is there a limit on how much rent I can charge my sub-tenant under the Ajmer Tenancy Act?
Yes, under Section 27, you cannot charge a sub-tenant more than one and one-fifth of the rent you pay to your own landholder.
3. Does the three-year limit on sub-letting apply to everyone under Section 27 of the Act?
No, the limit does not apply if the person letting out the land is a minor, a female, someone in the military, or someone with a physical disability.
4. Can I sub-let my land to pay off a personal debt under this Act?
No, Section 26 of the Act forbids sub-letting any part of a holding as a way to settle a debt.
Test yourself
Q1.Under Section 27 of The Ajmer Tenancy and Land Records Act, 1950, what is the maximum time a hereditary tenant can usually sub-let their land?
Q2.How does Section 26 of The Ajmer Tenancy and Land Records Act, 1950, limit the rights granted in Section 27?
Q3.According to Section 27 of The Ajmer Tenancy and Land Records Act, 1950, what is the maximum rent a tenant can charge a sub-tenant?
Q4.Under Section 27 of The Ajmer Tenancy and Land Records Act, 1950, what happens if a tenant wants to sub-let the land again after a three-year lease ends?