ArrearsCentral

Section 88 of The Ajmer Tenancy and Land Records Act, 1950

Method of recovering sayar.

(1)A landlord to whom any sum is due on account of sayar may, on an application to the tahsildar, recover the same by attachment and sale of the property of the defaulter with the exception of the following:--
1. (a)the necessary wearing apparel, cooking utensils, beds and bedding of the defaulter, and of his wife and children and such personal ornaments as, in accordance with religious usage, cannot be parted with by any woman;
2. (b)his implements of husbandry and such cattle and seed grain as may, in the opinion of the court, be necessary to enable him to earn his livelihood as an agriculturist; and
3. (c)houses and other buildings belonging to the defaulter and actually occupied by him or used by him as a cattle-shed.
(2)If, in the course of any proceeding under sub-section (1), any claim is preferred to, or any objection is made to the attachment of, any property by any person, whether a party to such proceeding or not, the tahsildar shall decide the dispute and submit the record of the case for confirmation of the order passed by him to the sub-divisional officer.

Summary

A landlord can ask the Tahsildar, a local revenue officer, to help collect unpaid sayar.
Sayar refers to money owed for things like gathering forest produce, fishing, or using water for irrigation.
The Tahsildar can seize and sell the property of the person who owes the money.
This section protects essential items like clothes, cooking tools, and beds from being taken.
Personal ornaments that are required by religion for a woman to wear cannot be seized.
Tools for farming and enough seeds or cattle to earn a living are also exempt from seizure.

Practical examples

1In August 1951, a landlord named Gopal applies to the Tahsildar to recover 50 rupees from a villager named Arjun for gathering wood. The Tahsildar refuses to take Arjun's only plow because it is a protected tool of husbandry.

2A landlord tries to seize the gold wedding necklace of a woman to pay for her husband's water usage debt. The Tahsildar stops this under Section 88 of the Act because the ornament is a religious requirement.

FAQ

1. What property is exempt from seizure under Section 88 of The Ajmer Tenancy and Land Records Act, 1950?

Under Section 88 of The Ajmer Tenancy and Land Records Act, 1950, items like clothes, bedding, cooking utensils, farming tools, and necessary seeds or cattle are protected from being seized to pay for sayar.

2. Who decides disputes about attached property under Section 88 of The Ajmer Tenancy and Land Records Act, 1950?

According to Section 88 of The Ajmer Tenancy and Land Records Act, 1950, the Tahsildar decides any disputes or objections regarding the property that has been attached for sale.

3. Does a landlord need to involve an official to recover sayar under Section 88 of The Ajmer Tenancy and Land Records Act, 1950?

Yes, the landlord must make an application to the Tahsildar to initiate the recovery process through attachment and sale under Section 88 of The Ajmer Tenancy and Land Records Act, 1950.

Test yourself

Q1.Under Section 88 of The Ajmer Tenancy and Land Records Act, 1950, which of these items can be seized to recover sayar?

Q2.To whom must the Tahsildar submit the record for confirmation under Section 88 of The Ajmer Tenancy and Land Records Act, 1950?

Q3.Under Section 88 of The Ajmer Tenancy and Land Records Act, 1950, what is the meaning of sayar?

Q4.If a farmer's cattle are taken to pay sayar, what must be left behind under Section 88 of The Ajmer Tenancy and Land Records Act, 1950?

87PreviousSection 87 Landlord's power to charge irrigation dues.89NextSection 89 Realisation of sayar as arrears of revenue.

←Section 87 Section 89→