PART II—Payment and recovery of rentCentral

Section 78 of The Ajmer Tenancy and Land Records Act, 1950

Application for kuta.

If, by an agreement between a landholder and his tenant, the batai rent of a holding is payable in cash by kuta, either party may apply in the prescribed form to the tahsildar to depute an officer to make the kuta.

Summary

This section allows a landlord or a tenant to ask for an official crop estimate to calculate rent.
It only applies if both parties have already agreed that the rent, which is normally a share of the crop, will be paid in cash based on an estimate.
The estimate of the standing crop is called a kuta.
Either party can apply to the tahsildar, a local revenue officer, to send an official to perform this estimate.
The application must be submitted in a specific, officially required form.

Practical examples

1In 1951, a tenant named Mohan and his landlord, Devi Singh, agree that instead of sharing the actual grain, Mohan will pay cash based on how much the wheat crop looks like it will produce. Mohan thinks the crop is small this year and applies to the tahsildar under Section 78 of the Act to get an official estimate.

2A landlord named Arjun believes his tenant's crop is much larger than the tenant claims. Since they have an agreement for cash payment based on an estimate, Arjun fills out the required form and asks the tahsildar to send an officer to prevent a loss in rent.

FAQ

1. What is a kuta under Section 78 of the Ajmer Tenancy and Land Records Act, 1950?

Under Section 78 of the Ajmer Tenancy and Land Records Act, 1950, a kuta is an official estimate or appraisement of a standing crop used to determine the cash value of rent.

2. Who can apply for an official crop estimate under Section 78 of the Ajmer Tenancy and Land Records Act, 1950?

Either the landholder or the tenant can apply to the tahsildar for an official estimate under Section 78 of the Ajmer Tenancy and Land Records Act, 1950.

3. Is an agreement necessary to use Section 78 of the Ajmer Tenancy and Land Records Act, 1950?

Yes, Section 78 of the Ajmer Tenancy and Land Records Act, 1950, only applies if there is an existing agreement between the landlord and tenant to pay crop-share rent in cash based on an estimate.

Test yourself

Q1.Under Section 78 of the Ajmer Tenancy and Land Records Act, 1950, what must exist before a party can apply for a kuta?

Q2.Which authority receives the application for a crop estimate under Section 78 of the Ajmer Tenancy and Land Records Act, 1950?

Q3.What does the word kuta mean within the context of Section 78 of the Ajmer Tenancy and Land Records Act, 1950?

Q4.If a tenant wants to apply for a kuta under Section 78 of the Ajmer Tenancy and Land Records Act, 1950, how must they do it?

77PreviousSection 77 Application for officer to make division.79NextSection 79 Procedure on application.

←Section 77 Section 79→