Section 57 of The Ajmer Tenancy and Land Records Act, 1950
Surrender by tenant.
Subject to the provisions of section 29, a tenant, not bound by a lease or other agreement to continue to occupy any holding in the following year, may--
- (i)by means of a registered letter, sent to his landholder before the first day of March in any year, notify his intention to surrender his holding at the end of the agricultural year, whether such holding, is or is not held by a sub-tenant; and
- (ii)surrender his holding by giving up possession thereof accordingly: Provided that an exproprietary tenant shall not surrender his holding of any part thereof except to his own landholder, and unless (a) a period of two years has elapsed from the date of accrual of the exproprietary rights, and (b) such tenant has obtained the previous sanction of the collector: Provided further that nothing in this section shall affect any arrangement by which a tenant, other than an exproprietary tenant, and the landholder may agree to the surrender of the whole or any portion of the holding.
Summary
- A tenant who is not bound by a specific lease or agreement can choose to give up their land at the end of the year.
- The tenant must send a registered letter, which is a letter tracked by the post office, to the landholder before the first day of March.
- This surrender officially takes effect at the end of the agricultural year, which runs from June to May.
- Tenants who previously owned the land, known as exproprietary tenants, cannot give it up until they have held these rights for at least two years.
- These specific exproprietary tenants also need to get official permission from the Collector, a high level district officer, before they can surrender.
- Aside from these rules, any tenant and landholder can simply agree between themselves to give up part or all of a holding.
Practical examples
FAQ
1. What is the deadline to notify a landlord about surrendering land under the Ajmer Tenancy and Land Records Act, 1950?
Under Section 57 of the Ajmer Tenancy and Land Records Act, 1950, the tenant must send a registered letter to the landholder before the first day of March to end the tenancy by the close of that agricultural year.
2. Can an exproprietary tenant surrender their land to anyone under the 1950 Act?
No, according to Section 57 of the Act, an exproprietary tenant is only allowed to surrender their holding to their own specific landholder.
3. Is a registered letter always required to give up land under the Ajmer land law?
While Section 57 of the Act requires a registered letter for a formal surrender by the tenant, it also allows for any mutual arrangement where the landlord and tenant agree to the surrender of the land.
Test yourself
Q1.Under Section 57 of The Ajmer Tenancy and Land Records Act, 1950, what is the latest date a tenant can send a notification letter to surrender their land for the current year?
Q2.According to Section 57 of the Ajmer land law, which official must give sanction before an exproprietary tenant can surrender their land?
Q3.Under Section 57 of The Ajmer Tenancy and Land Records Act, 1950, how long must an exproprietary tenant hold their rights before they are allowed to surrender?
Q4.Under Section 57 of the 1950 Act, when does a formal surrender of a holding officially take effect?