Section 41 of The Ajmer Tenancy and Land Records Act, 1950
- (1)The tenant of holding shall be entitled to receive, from his landholder, a written lease, consistent with the provisions of this Act, drawn up in the prescribed form.
- (2)If the lease is not issued to the tenant, or it does not contain the particulars required to be stated therein, or contains particulars which the tenant does not accept as correct, he may make an application to the tahsildar and claim the lease in the proper form.
- (3)Along with his application the tenant shall file three copies of the draft lease in the prescribed form, stating therein all the particulars in accordance with the terms settled between him and his landholder, and shall verify each copy as a plaint.
- (4)The tahsildar shall, on receipt of the application, issue notice accompanied by a copy of the lease to the landholder to file objections, if any, within the period specified therein.
- (5)If the landholder appears and admits the correctness of the lease, or, after due service of the notice, does not appear, the tahsildar shall sign and date the lease, put his official seal on it and deliver it to the tenant.
- (6)If the landholder files an objection, the tahsildar shall decide it, and, if the tenant is entitled to a lease, deliver the lease in the manner provided by sub-section (5).
- (7)If the lease is delivered to the tenant under sub-section (5) or (6), a true copy thereof shall be furnished to the landholder and a copy of such lease shall be placed on the record of the case.
- (8)The tahsildar shall submit the record of the case for confirmation of the order passed by him under sub-section (6) to the sub-divisional officer.
- (9)A lease so delivered shall be deemed to be registered under the Indian Registration Act, 1908 (XVI of 1908) and the terms thereof, in so far as they are consistent with the provisions of this Act, shall be binding on the parties thereto.
Summary
- Every tenant has a legal right to get a written lease from their landlord.
- If a landlord refuses to give a lease or provides one with incorrect details, the tenant can apply to the Tahsildar.
- The tenant must provide three copies of their own draft lease to the Tahsildar.
- If the landlord doesn't show up to object, the Tahsildar will sign and seal the lease for the tenant.
- A lease signed and delivered by the Tahsildar is legally the same as if it were officially registered.
- The final decision of the Tahsildar on a lease must be confirmed by the Sub-Divisional Officer.
Practical examples
FAQ
1. What can I do if my landlord won't give me a written lease under Section 41 of the Ajmer Tenancy and Land Records Act, 1950?
You can apply to the Tahsildar to obtain a written lease in the proper form under Section 41 of the Ajmer Tenancy and Land Records Act, 1950.
2. Is a lease provided by the Tahsildar as valid as a registered one under Section 41 of the Ajmer Tenancy and Land Records Act, 1950?
Yes, a lease delivered by the Tahsildar is considered legally registered under the Indian Registration Act, 1908, according to Section 41 of the Ajmer Tenancy and Land Records Act, 1950.
3. Who oversees the Tahsildar's decisions regarding leases under Section 41 of the Ajmer Tenancy and Land Records Act, 1950?
The Tahsildar must submit the record of the case to the Sub-Divisional Officer for confirmation under Section 41 of the Ajmer Tenancy and Land Records Act, 1950.
Test yourself
Q1.Under Section 41 of The Ajmer Tenancy and Land Records Act, 1950, how must a tenant treat the copies of the draft lease they file?
Q2.Under Section 41 of The Ajmer Tenancy and Land Records Act, 1950, what happens if the landlord admits the lease is correct?
Q3.Under Section 41 of The Ajmer Tenancy and Land Records Act, 1950, which specific law is a Tahsildar-delivered lease deemed to be registered under?
Q4.Under Section 41 of The Ajmer Tenancy and Land Records Act, 1950, how many copies of the draft lease must be filed with the application?