Section 39 of The Ajmer Tenancy and Land Records Act, 1950
Reinstatement of tenant ejected under section 37.
- (1)When a tenant is ejected under section 57, he shall, on application made to the sub-divisional officer, be entitled to be reinstated in the land acquired on the conditions specified in sub-section (3), if the person for whom the land was acquired--
- (a)does not, within two years from the date of such ejectment, use it for the purpose for which it was acquired; or
- (b)uses it for any other purpose within a period of five years from the date of such ejectment.
- (2)Such application shall be made-- in case of clause (a) of sub-section (1), within six months of the expiry of the period of two years; and in case of clause (b) of sub-section (1), within six months of the land being used for any other purpose.
- (3)The sub-divisional officer, on receiving such application, shall, if the conditions specified in clause (a) or (b) of sub-section (1) are satisfied, reinstate the ejected tenant in the land acquired with the same rights and liabilities and at the same rate of rent as at the date of ejectment on condition that such tenant, before his reinstatement, restores to the person from whom the land was acquired the land or money or both awarded to him by way of compensation under section 37.
- (4)After the decision of the case, the sub-divisional officer shall submit the record for confirmation of the order passed by him to the collector.
Summary
- If a landlord takes land for a specific purpose but fails to use it for that purpose within two years, the tenant can get it back.
- If the landlord uses the land for a totally different purpose within five years, the tenant is also entitled to get it back.
- The tenant must apply to the Sub-Divisional Officer for reinstatement.
- There are strict deadlines: six months after the two year mark, or six months after the land is misused.
- Before getting the land back, the tenant must return the money or land they received as compensation.
- The reinstated tenant keeps their original rights and pays the same rent they did before they were kicked out.
Practical examples
FAQ
1. How long can a landlord leave land idle before I can claim it back under Section 39 of the Ajmer Tenancy and Land Records Act, 1950?
If the landlord does not use the land for its intended purpose within two years, you can apply to get it back under Section 39 of the Ajmer Tenancy and Land Records Act, 1950.
2. What if the landlord uses the land for something else after four years under Section 39 of the Ajmer Tenancy and Land Records Act, 1950?
If the land is used for a different purpose within five years of you being kicked out, you can apply for reinstatement under Section 39 of the Ajmer Tenancy and Land Records Act, 1950.
3. Do I have to pay anything to get my land back under Section 39 of the Ajmer Tenancy and Land Records Act, 1950?
Yes, you must restore the land or money you received as compensation to the landlord before you are reinstated under Section 39 of the Ajmer Tenancy and Land Records Act, 1950.
Test yourself
Q1.Under Section 39 of The Ajmer Tenancy and Land Records Act, 1950, which official handles the application for a tenant to get their land back?
Q2.Under Section 39 of The Ajmer Tenancy and Land Records Act, 1950, what is the application deadline if a landlord uses the land for an unauthorized purpose?
Q3.Under Section 39 of The Ajmer Tenancy and Land Records Act, 1950, what must a tenant return to the landlord before they are reinstated?
Q4.Under Section 39 of The Ajmer Tenancy and Land Records Act, 1950, whose confirmation is required for the Sub-Divisional Officer's order?