PART II—Payment and recovery of rentCentral
Section 71 of The Ajmer Tenancy and Land Records Act, 1950
- (1)A payment of a money rent may be made by a tenant to his landholder, either direct or by money order: Provided that the acceptance by a landholder of a sum paid by money-order shall not, by itself or by virtue of anything written on the money-order form, be deemed to constitute an admission by him as to the amount of rent payable or due on account of any particular year, instalment or holding, or an admission that the payer is a tenant.
- (2)When such rent is sent by money order, in the case of acceptance, the payee's receipt and in the case of refusal, the endorsement of such refusal on the money-order form, duly stamped by the post office, shall be admissible in evidence without formal proof and shall, until the contrary is proved, be presumed to be a correct record of such acceptance or refusal.
Summary
- Tenants are allowed to pay their money rent either directly to the landholder or by sending a money order.
- If a landlord accepts a money order, it does not mean they agree that the amount is correct or that the person is officially a tenant.
- Post office receipts or refusal marks on a money order form are valid evidence in court.
- These records are assumed to be correct unless someone can prove otherwise.
Practical examples
1Rahul uses a money order to send his rent to his landlord. The landlord accepts the money but later claims Rahul still owes more. The landlord is allowed to dispute the total because accepting the money order was not an admission that the debt was fully paid.
2A tenant named Peter sends his rent via money order, but the landlord refuses to take it. The post office returns the form to Peter with a "refused" stamp. Peter can use this stamped form in court as proof that he attempted to pay his rent on time.
FAQ
1. Can rent be paid by money order under the Ajmer Tenancy and Land Records Act, 1950?
Yes, Section 71 of the Act explicitly allows money rent to be paid either directly or by money order.
2. Does accepting a money order prove someone is a tenant under the Ajmer Tenancy and Land Records Act, 1950?
No, Section 71 states that accepting a money order does not constitute an admission that the payer is a tenant.
3. How are money order records used in court under the Ajmer Tenancy and Land Records Act, 1950?
Under Section 71, post office receipts and refusal endorsements are admissible as evidence without formal proof and are presumed to be correct.
Test yourself
Q1.Under Section 71 of the Ajmer Tenancy and Land Records Act, 1950, what does a landlord's acceptance of a money order signify?
Q2.What is the legal status of a post office refusal mark under Section 71 of the Ajmer Tenancy and Land Records Act, 1950?