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Section 54 of The Ajmer Tenancy and Land Records Act, 1950

Right of a tenant paying batai or bighori to plant tree.

A tenant, other than a non-occupancy tenant, who pays rent by batai, or bighori or partly by batai and partly by bighori, may plant any tree with the written consent of his landlord on such terms as may be settled between them: Provided that he shall not plant any tree in such a way as to diminish the value of any land, not included in his holding.

Summary

Tenants who pay rent by sharing their crop or by a set rate per area need written consent to plant trees.
This applies to those paying batai, which is sharing the harvest, or bighori, which is money per bigha.
The landlord and tenant can settle the specific terms of the tree planting in their agreement.
Like other tenants, they must ensure the trees do not lower the value of neighboring land.
This rule does not apply to non occupancy tenants.

Practical examples

1Mohan pays one fifth of his grain to his landlord every harvest as batai rent. In June 1952, he gets a written letter from his landlord allowing him to plant five orange trees if he gives the landlord two baskets of fruit every year.

2Fatima pays a bighori rent of 5 rupees per bigha. She wants to plant a tamarind tree, so she meets with her landlord to sign a consent form that outlines who will own the timber later.

FAQ

1. Do I need permission to plant trees if I pay crop rent under Section 54 of The Ajmer Tenancy and Land Records Act, 1950?

Yes, under Section 54 of The Ajmer Tenancy and Land Records Act, 1950, a tenant paying rent by batai or bighori must have the written consent of the landlord to plant trees.

2. Can a landlord refuse tree planting under Section 54 of the Ajmer Tenancy Act?

Section 54 of the Ajmer Tenancy Act requires written consent and terms to be settled, which implies that the landlord and tenant must agree on the conditions.

3. Does Section 54 of the Ajmer Land Records Act protect neighboring farms?

Yes, Section 54 of the Ajmer Land Records Act includes a proviso that trees must not be planted in a way that diminishes the value of land outside the tenant's holding.

Test yourself

Q1.Under Section 54 of The Ajmer Tenancy and Land Records Act, 1950, what is required before a batai paying tenant can plant a tree?

Q2.How does Section 54 of the Ajmer Tenancy Act differ from Section 53?

Q3.Under Section 54 of The Ajmer Tenancy and Land Records Act, 1950, who settles the terms for planting the tree?

Q4.According to Section 54 of The Ajmer Tenancy and Land Records Act, 1950, which type of rent is NOT mentioned?

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