ImprovementsCentral

Section 44 of The Ajmer Tenancy and Land Records Act, 1950

Right of certain tenants to make improvements.

An occupancy, an exproprietary or a hereditary tenant may make any improvement, but he shall not construct a tank unless he has obtained the written consent of the landholder.

Summary

Certain long-term tenants have a broad right to make improvements on their holdings.
This right applies to occupancy, exproprietary, and hereditary tenants.
For most types of work that increase land value, these tenants do not need permission.
There is one major exception for building water storage structures.
A tenant must get written consent from the landholder before constructing a tank.

Practical examples

1Salim is a hereditary tenant and decides to build a small shed for his tools. Under the 1950 Act, he can go ahead and build this improvement without asking his landlord for permission.

2An occupancy tenant named Fatima wants to build a large stone tank to store rainwater for her crops. She must write to her landlord and receive his written approval before she starts digging.

FAQ

1. Do hereditary tenants need permission for all improvements under Section 44 of The Ajmer Tenancy and Land Records Act, 1950?

No, under Section 44 of The Ajmer Tenancy and Land Records Act, 1950, hereditary tenants can make improvements freely, except for constructing a tank.

2. Is written consent required for a tank under Section 44 of The Ajmer Tenancy and Land Records Act, 1950?

Yes, Section 44 of The Ajmer Tenancy and Land Records Act, 1950 requires the tenant to obtain the written consent of the landholder to construct a tank.

3. Which tenants are covered by the rights in Section 44 of The Ajmer Tenancy and Land Records Act, 1950?

Section 44 of The Ajmer Tenancy and Land Records Act, 1950 covers occupancy tenants, exproprietary tenants, and hereditary tenants.

4. Can an occupancy tenant build a cattle shed without consent under Section 44 of The Ajmer Tenancy and Land Records Act, 1950?

Yes, Section 44 of The Ajmer Tenancy and Land Records Act, 1950 allows such improvements, as only a tank specifically requires written consent from the landholder.

Test yourself

Q1.Under Section 44 of The Ajmer Tenancy and Land Records Act, 1950, which of these tenants has the right to make improvements?

Q2.According to Section 44 of The Ajmer Tenancy and Land Records Act, 1950, what specific construction requires written consent?

Q3.Under Section 44 of The Ajmer Tenancy and Land Records Act, 1950, how must the consent for a tank be given?

Q4.Comparing Section 44 and Section 45 of The Ajmer Tenancy and Land Records Act, 1950, how do rights differ?

43PreviousSection 43 Declaration of rights in certain cases.45NextSection 45 Right of non-occupancy tenants to make improvements.

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ImprovementsCentral

Section 44 of The Ajmer Tenancy and Land Records Act, 1950

Right of certain tenants to make improvements.

An occupancy, an exproprietary or a hereditary tenant may make any improvement, but he shall not construct a tank unless he has obtained the written consent of the landholder.

Summary

Certain long-term tenants have a broad right to make improvements on their holdings.
This right applies to occupancy, exproprietary, and hereditary tenants.
For most types of work that increase land value, these tenants do not need permission.
There is one major exception for building water storage structures.
A tenant must get written consent from the landholder before constructing a tank.