Realization of Revenue from Malguzars.Central

Section 106 of The Central Provinces Land-Revenue Act, 1881

Effect of annulment of settlement.

No leases, liens or other incumbrances created by the defaulters, or by any person through or under whom they claim, of, or upon any land managed or let in farm under this Act, shall, during such management or farm, be binding upon the Deputy Commissioner or Settlement-officer, his agent or lessee.

Summary

This provision wipes out private leases and debts on a property while it is being managed or farmed out by the government.
Any contracts or debts created by the person who defaulted on their revenue will not be recognized during this time.
This rule also ignores contracts made by people who claim their rights through the defaulter.
The protection specifically covers the Deputy Commissioner, the Settlement officer, their agents, and their lessees.
This ensures the government can manage the land smoothly without being dragged down by the previous owner's private financial mess.

Practical examples

1Anil leases a portion of his estate to Brij for ten years. Anil later fails to pay his revenue, and the government takes over management of the estate. During the government's management, Brij's lease is not legally binding on the government officials.

2A farmer takes out a private loan and puts a lien on his land. When the state takes over farming the land due to unpaid taxes, the state manager is not responsible for paying back that private lien.

FAQ

1. Are old leases valid if a settlement is annulled under Section 106 of the 1881 Act?

No, under Section 106 of the 1881 Act, leases created by the defaulter are not binding on the government officials managing the land.

2. Does Section 106 of the Central Provinces Land-Revenue Act protect the Deputy Commissioner from past debts on the land?

Yes, Section 106 of the Central Provinces Land-Revenue Act ensures that past liens or incumbrances do not bind the Deputy Commissioner during government management.

3. Under Section 106 of the 1881 property law, can my family member's lease survive if I default?

No, under Section 106 of the 1881 property law, leases made by anyone claiming through the defaulter are also ignored by the government manager.

Test yourself

Q1.Under Section 106 of the 1881 Land-Revenue Act, whose previous leases are ignored when the government manages a property?

Q2.Under Section 106 of the Central Provinces Land-Revenue Act, who is specifically protected from being bound by the old debts of a defaulter?

Q3.When do the rules of Section 106 of the 1881 property law apply to a piece of land?

Q4.Under Section 106 of the Central Provinces Act, what happens to a lien created by someone claiming rights through the original defaulter?

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