Section 58 of The Ajmer Tenancy and Land Records Act, 1950
Abandonment.
- (1)Subject to the provisions of sub-sections (2) and (3) a tenant who ceases to cultivate his holding and leaves the neighbourhood, shall not lose his interest in such holding, if he leaves in charge thereof a person responsible for payment of the rent as it falls due and gives written notice to the landholder of such arrangement.
- (2)If the person so left in charge is a person--
- (a)on whom, in the event of the tenant's death, the tenant's interest would devolve, or
- (b)who is to manage the holding for the benefit of the person on whom in the event of the tenants death, the tenants interest would devolve, the tenant shall, on the expiry of a period of seven years, lose his interest in his holding unless he, within such period, resumes cultivation thereof, and such interest shall devolve on the person on whom the interest of the tenant would devolve in the event of his death.
- (3)If the person so left in charge is not a person mentioned in sub-section (2), the tenant shall, on the expiry of a period of three years, be deemed to have abandoned his holding, unless within such period he resumes cultivation thereof.
- (4)A tenant who ceases to cultivate and leaves the neighbourhood, otherwise than in accordance with the provisions of sub-section (2), shall be deemed to have abandoned his holding.
Summary
- A tenant is considered to have abandoned their land if they stop farming it and move away from the local area.
- To avoid losing their rights while away, a tenant must leave someone in charge who is responsible for paying the rent.
- The tenant must also give the landholder a written notice explaining who is looking after the farm.
- If the person left in charge is an heir, the tenant has a seven-year limit to return and resume farming before they lose their interest.
- If the person in charge is not an heir, the tenant is deemed to have abandoned the land if they do not return within three years.
- Any tenant who leaves and stops farming without following these notice and representative rules is immediately deemed to have abandoned the land.
Practical examples
FAQ
1. How does the Ajmer Tenancy and Land Records Act, 1950 define abandonment?
Under Section 58 of the Act, abandonment occurs when a tenant stops cultivating their holding and leaves the neighborhood without following specific rules for leaving a representative in charge.
2. How much time does a tenant have to return to their land if an heir is managing it under the 1950 Act?
According to Section 58 of the Act, if a tenant leaves an heir or someone managing it for an heir in charge, they have seven years to resume cultivation before losing their interest.
3. What happens if a tenant leaves the area without giving written notice to the landlord?
Under Section 58 of the Act, a tenant who leaves the neighborhood and stops farming without following the notice rules is immediately deemed to have abandoned their land.
Test yourself
Q1.Under Section 58 of The Ajmer Tenancy and Land Records Act, 1950, a tenant who leaves a non-heir in charge of their farm is deemed to have abandoned it after how many years?
Q2.Comparing the two rules, how does Section 58 of the Ajmer land law differ from Section 57 regarding the end of a tenancy?
Q3.Under Section 58 of the 1950 Act, what must a tenant do to maintain their interest in a holding while they are away?
Q4.If a tenant dies while away, but had followed Section 58 of the Ajmer Tenancy and Land Records Act, 1950, who does the interest devolve to after the seven-year limit?