ArrearsCentral

Section 85 of The Ajmer Tenancy and Land Records Act, 1950

(1)If rent, which is payable by batai or bighori, is in arrears, or if the tenant has, without sufficient cause, failed to cultivate his holding, the landholder may, within two years of the date on which rent became payable, apply to the tahsildar for the recovery of arrears of rent.
(2)An application for the recovery of fixed money-rent shall be made to the tahsildar within two years of the date on which such rent became payable.
(3)For purposes of the assessment of the rent recoverable under sub-section (1)--
1. (i)in case of batai, the provisions of sub-section (4) of section 76 shall apply, and
2. (ii)in case of batai or bighori, the entire area of the holding of the defendant shall, in the absence of evidence to the contrary, be deemed to have been actually cultivated during the period to which the claim relates.
(4)The tahsildar shall decide the case and submit the record for confirmation of the decree passed by him to the sub-divisional officer.

Summary

Landlords must apply to the Tahsildar to recover unpaid rent, which are called arrears.
The time limit to file a claim for any type of rent is two years from the date it was due.
For crop sharing rent, the court assumes the tenant farmed the entire land unless there is proof otherwise.
If a tenant fails to farm the land without a good reason, the landlord can still claim the rent they would have received.
The Tahsildar decides the case and must send the record to the sub-divisional officer for final confirmation.

Practical examples

1Arjun missed his rent payment in May 1950. His landlord has until May 1952 to ask the Tahsildar for help getting the money.

2A tenant leaves half his field empty without telling anyone why. When the landlord sues for rent, the Tahsildar calculates the rent as if the whole field had been full of crops.

FAQ

1. What is the limitation period for claiming rent arrears under Section 85 of the Ajmer Tenancy law?

Under Section 85 of the 1950 Act, a claim for arrears of rent must be made within two years of the date the rent became payable.

2. Which officer handles applications for rent recovery under Section 85 of the Ajmer Tenancy Act?

Applications for recovery of rent arrears under Section 85 are made to the Tahsildar.

3. How is rent calculated if a tenant fails to cultivate land under Section 85 of the 1950 Act?

Under Section 85, if a tenant fails to cultivate without cause, the entire area of the holding is deemed to have been cultivated for the purpose of the rent claim.

Test yourself

Q1.Under Section 85 of The Ajmer Tenancy and Land Records Act, 1950, how long does a landlord have to apply for recovery of arrears?

Q2.If a tenant does not farm their land without a sufficient cause, how is rent assessed under Section 85 of The Ajmer Tenancy and Land Records Act, 1950?

Q3.Who must confirm the decree passed by a Tahsildar in a rent claim case under Section 85 of The Ajmer Tenancy and Land Records Act, 1950?

Q4.Under Section 85 of The Ajmer Tenancy and Land Records Act, 1950, what happens if rent is payable by batai but the tenant fails to cultivate?

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