Section 81 of The Ajmer Tenancy and Land Records Act, 1950
Assessment of bighori by court.
- (1)In case of bighori--
- (a)if the landholder or the tenant neglects to measure the area sown at the proper time, or
- (b)if there is a dispute about the extent of the area sown, the length of the measuring chain, or the manner of measurement of such area, either party may make an application to the tahsildar, requesting that a measurer be appointed to measure such area. With the application, the applicant shall deposit such fee as may be prescribed.
- (2)The provisions of sub-sections (1) to (3) of section 79 shall apply to an application made under this section, as if for the words "kuta" and "officer", wherever they occur in such sub-sections, the words "measurement" and "measurer" respectively were substituted.
- (3)On receipt of the measurer's award, the tahsildar shall issue notice to the parties to file objections, if any, within fifteen days of the date of service of such notice and, after hearing such objections, pass a decree for the arrears of rent found due, and submit the record of the case for confirmation of the decree passed by him to the sub-divisional officer.
Summary
- This section applies when rent is paid by bighori, which is a money rent based on the size of the area planted.
- If a party fails to measure the planted area on time, or if there is a dispute about the measurement, they can apply for help.
- The dispute can be about the area size, the length of the measuring chain, or the method used to measure.
- Either party can apply to the tahsildar to appoint an official measurer.
- The applicant must pay a fee to get a measurer appointed.
- This process follows the same rules for helpers and awards as a crop estimate.
Practical examples
FAQ
1. What is bighori under the Ajmer Tenancy and Land Records Act, 1950?
Under the Ajmer Tenancy and Land Records Act, 1950, bighori is defined as money rent paid per bigha of land.
2. Can I dispute the length of the measuring chain under Section 81 of the Ajmer Tenancy and Land Records Act, 1950?
Yes, Section 81 of the Ajmer Tenancy and Land Records Act, 1950, specifically allows for disputes regarding the length of the measuring chain or the manner of measurement.
3. Which official is sent to the field under Section 81 of the Ajmer Tenancy and Land Records Act, 1950?
Under Section 81 of the Ajmer Tenancy and Land Records Act, 1950, the tahsildar appoints a person called a measurer to resolve the dispute.
4. How long do I have to object to the measurer's findings under Section 81 of the Ajmer Tenancy and Land Records Act, 1950?
Under Section 81 of the Ajmer Tenancy and Land Records Act, 1950, you have fifteen days from the date the notice is served to file objections to the measurer's award.
Test yourself
Q1.Under Section 81 of the Ajmer Tenancy and Land Records Act, 1950, which procedure is used for measurement disputes?
Q2.What type of rent is specifically associated with Section 81 of the Ajmer Tenancy and Land Records Act, 1950?
Q3.Under Section 81 of the Ajmer Tenancy and Land Records Act, 1950, a dispute can be raised about which of the following?
Q4.Who confirms the decree for rent following a measurement under Section 81 of the Ajmer Tenancy and Land Records Act, 1950?