Section 38 of The Ajmer Tenancy and Land Records Act, 1950
Decision of certain disputes arising out of acquisition proceedings.
- (1)If, in the course of proceedings under section 37, a question of proprietary right arises, the collector shall decide the dispute and submit the record of the case for confirmation of the order passed by him to the Chief Commissioner: Provided that the collector may, if he deems fit, instead of deciding such dispute, grant to any party a certificate declaring that the matter is fit to be determined by a civil court and dismiss the application for acquisition of land.
- (2)The person to whom such certificate is granted may, within three months of the grant thereof, institute a suit to establish his right in a court of competent jurisdiction, and such court may, upon the production of such certificate, entertain such suit.
- (3)Where a party, to whom such certificate has been granted, fails to institute a suit within the time allowed, he shall be deemed to have instituted such suit and lost it.
- (4)The dismissal of an application under the proviso to sub-section (1) shall be no bar to the entertainment of a second application for acquisition filed by the landlord, if--
- (i)in the civil suit, instituted under the provisions of the said proviso, the question of proprietary right is determined in his favour; or
- (ii)in case a certificate to file a suit has been granted to a person other than the landlord, no such suit has been filed within the period allowed under sub-section (2).
Summary
- If a dispute about who owns the land pops up during acquisition, the Collector must handle it.
- The Collector can either decide the ownership dispute themselves or give the party a certificate to take it to a civil court.
- If the Collector grants a certificate for civil court, the original application to take the land is dismissed.
- A person given a certificate must start their court case within three months.
- If the person fails to go to court in time, the law treats it as if they went to court and lost.
- A landlord can apply to take the land a second time if the court rules in their favor or if the other party misses the three month deadline.
Practical examples
FAQ
1. What happens if a property ownership fight starts during land acquisition under Section 38 of the Ajmer Tenancy and Land Records Act, 1950?
The Collector can either rule on the ownership himself or dismiss the acquisition and tell the parties to go to a civil court under Section 38 of the Ajmer Tenancy and Land Records Act, 1950.
2. How long do I have to file a civil suit if the Collector gives me a certificate under Section 38 of the Ajmer Tenancy and Land Records Act, 1950?
You must start your court case within three months of receiving the certificate under Section 38 of the Ajmer Tenancy and Land Records Act, 1950.
3. Can a landlord try to acquire the land again if the first attempt was dismissed due to an ownership dispute under Section 38 of the Ajmer Tenancy and Land Records Act, 1950?
Yes, if the court decides the landlord owns the land or if the other person fails to file a suit within three months, a second application is allowed under Section 38 of the Ajmer Tenancy and Land Records Act, 1950.
Test yourself
Q1.Under Section 38 of The Ajmer Tenancy and Land Records Act, 1950, who must confirm the Collector's decision on a proprietary right dispute?
Q2.Under Section 38 of The Ajmer Tenancy and Land Records Act, 1950, what is the legal consequence of missing the three month deadline to file a civil suit?
Q3.Under Section 38 of The Ajmer Tenancy and Land Records Act, 1950, what choice does a Collector have when a question of proprietary right arises?
Q4.Under Section 38 of The Ajmer Tenancy and Land Records Act, 1950, a second application for land acquisition is permitted if which condition is met?