PART II—Payment and recovery of rentCentral

Section 66 of The Ajmer Tenancy and Land Records Act, 1950

Hypothecation of produce towards payment of rent.

The produce of every holding, whether sub-let or not, shall be deemed to be hypothecated of the landlord for the rent payable in respect of such holding and, until the demand for such rent has been satisfied, no other claim on such produce shall be enforced by sale in execution of a decree of a civil or revenue court, or otherwise.

Summary

This section establishes that all crops grown on a holding are legally pledged, or hypothecated, to the landlord to cover unpaid rent.
The landlord's claim for rent must be satisfied before any other person or debt can be paid using that crop.
It prevents other creditors from selling the tenant's crops through court orders until the landlord has received the rent due.
This legal pledge applies even if the tenant has sub-let the land to someone else.

Practical examples

1Rahul grows wheat on his land but owes money to a local grain merchant for seeds. Under the law, Rahul's landlord has the first right to the wheat harvest to cover the rent before the merchant can take any wheat for the debt.

2A court orders that a tenant's harvest be sold to pay off a personal loan. The landlord intervenes, and the law ensures that the unpaid rent is taken out of the sale money before the loan is paid.

FAQ

1. What does hypothecation mean in Section 66 of The Ajmer Tenancy and Land Records Act, 1950?

In Section 66 of The Ajmer Tenancy and Land Records Act, 1950, it means the crops are legally held as security for the rent, giving the landlord first priority.

2. Does the landlord's right to the crop apply if the tenant has a sub-tenant under Section 66 of the Ajmer Tenancy law?

Yes, Section 66 of The Ajmer Tenancy and Land Records Act, 1950 states the produce of every holding, whether sub-let or not, is hypothecated to the landlord.

3. Can a civil court sell a tenant's crops for other debts before rent is paid under Section 66 of The Ajmer Tenancy and Land Records Act, 1950?

No, under Section 66 of The Ajmer Tenancy and Land Records Act, 1950, no other claim can be enforced by sale until the rent demand is satisfied.

Test yourself

Q1.Under Section 66 of The Ajmer Tenancy and Land Records Act, 1950, the produce of a holding is deemed to be what to the landlord?

Q2.According to Section 66 of The Ajmer Tenancy and Land Records Act, 1950, when can other claims be enforced against the produce by sale?

Q3.Does Section 66 of The Ajmer Tenancy and Land Records Act, 1950 apply if a tenant has sub-let the holding?

Q4.Under Section 66 of The Ajmer Tenancy and Land Records Act, 1950, what type of court is specifically mentioned as being restricted from enforcing other claims by sale?

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