Section 43 of The Ajmer Tenancy and Land Records Act, 1950
Declaration of rights in certain cases.
- (1)In case of doubt or dispute, the landholder or the tenant may apply for a declaration as to any of the following matters:--
- (i)the rent payable or any other particulars prescribed for the lease;
- (ii)the right of a person claiming to be a tenant or a joint tenant of a holding, or the specification of his share in such holding;
- (iii)question of status of a tenant;
- (iv)whether a particular plot is--
- (a)niji jot, or
- (b)stable or unstable land.
- (2)Such application shall be filed in the court of the sub-divisional officer who shall decide the dispute in accordance with the provisions of this Act, and submit the record of the case for confirmation of the order passed by him to the collector.
Summary
- Tenants or landholders can apply for a formal legal statement to resolve doubts about their rights.
- This process can determine the exact amount of rent that is legally due.
- It can clarify whether a person is a tenant or a joint tenant and what their share is.
- The law can officially declare the specific legal status of a tenant.
- It can decide if a plot is niji jot, which is land a landlord cultivates personally.
- The sub-divisional officer makes the decision, but the collector must confirm it.
Practical examples
FAQ
1. What can be clarified through a declaration under Section 43 of The Ajmer Tenancy and Land Records Act, 1950?
Under Section 43 of The Ajmer Tenancy and Land Records Act, 1950, parties can seek a declaration on rent, tenant status, shares in a holding, or the category of the land.
2. Who has the authority to decide a declaration application under Section 43 of The Ajmer Tenancy and Land Records Act, 1950?
The sub-divisional officer decides the application, and Section 43 of The Ajmer Tenancy and Land Records Act, 1950 requires the collector to confirm the final order.
3. Can a landlord use Section 43 of The Ajmer Tenancy and Land Records Act, 1950 to check land types?
Yes, Section 43 of The Ajmer Tenancy and Land Records Act, 1950 allows a landholder to apply for a declaration on whether a plot is niji jot, stable land, or unstable land.
4. Does Section 43 of The Ajmer Tenancy and Land Records Act, 1950 help with joint tenant disputes?
Yes, Section 43 of The Ajmer Tenancy and Land Records Act, 1950 allows for a declaration regarding the right of a person claiming to be a joint tenant and the size of their share.
Test yourself
Q1.Under Section 43 of The Ajmer Tenancy and Land Records Act, 1950, which official must confirm the order passed by the sub-divisional officer?
Q2.Which of the following can be the subject of a declaration under Section 43 of The Ajmer Tenancy and Land Records Act, 1950?
Q3.Under Section 43 of The Ajmer Tenancy and Land Records Act, 1950, a declaration can be sought to determine if a plot is:
Q4.Who is eligible to apply for a declaration under Section 43 of The Ajmer Tenancy and Land Records Act, 1950?