Chapter XVI. Judicial Procedure in Matters Cognizable by the Deputy Commissioner (CNT Act 1908) Excerpts (A)

Chapter XVI. Judicial Procedure in Matters Cognizable
by the Deputy Commissioner

Jamabandis, or rent rolls and Jama Wasil Bakis or collection books are usually filed in all suits for arrears of rent, when the suit is contested.

Jamabandi papers can be used merely as corrorative evidence. Jamabandi papers prepared by a Patwari are valueless without his personal testimony.
A Raiyat is entitled to receive from his landlord a lease containing amongst other matters a statement of the yearly rent payable for his tenancy. Very few landlords, however, grant such leases, though they frequently take written engagements from the Raiyats. 
A registered agreement or Kabulyat embodying a specific agreement as to rent is, of course, prime facie binding on the Raiyat; but where the landlord has failed to comply with the provisions of law, by refusing or neglecting to give the counterpart to the Raiyat, the validity of the agreement is sometimes open to doubt. As a matter of fact, it is frequently found that such documents are executed for ulterior motives, such as the creation of evidence of the existence of higher rates of rent than those actually prevailing in the village.
Aboriginal and other illiterate Raiyats, who are induced to execute them, frequently do not understand or are not aware of their terms.
Sale of tenure or holding in execution of decree for arrears of rent: (A)
Under the provisions of this section all tenures and holdings are liable to sale in execution of a decree for arrears of rent. The purchaser acquires the tenure or holding free of all encumbrances created by the tenant, unless the right to encumber was expressly granted to the latter underwritten authority; but, the rights of Khudkast Raiyats or of resident and hereditary cultivators are saved, unless it is proved in a regular suit that a higher rent would have been demanded at the time of engagements were contracted. Thus, in the case of the sale of a Rayati holding, the rights of under-Raiyats, who cultivate, are not cancelled.
·        A notice for the sale of the said under-tenure on some fixed date not less than20 days from the hanging up of the said notice in the Court in which the decree is in course of execution.
·        The said notice shall specify, in the words under in plaint in the suit in which the decree was made, the name of the village, estate and pargana, or other local division, in which the land comprised in the said under-tenure is situated, the yearly rent payable under the said under-tenure, and the gross amount recoverable under the said decree.
·        If the sum due under the decree, together with interest to date of payment and all costs of process, be paid into Courts at any time before the sale commences, whether by the defaulting holder of the under-tenure or any one on his behalf, or anyone interested in the protection of the under-tenure such sale shall not take place; and the provisions  for the recovery of the sums paid by other than the defaulting holder of the under-tenure to stay the sale of the under tenure-shall be applicable to all similar payments made under this section.
·        The under-tenure shall be sold to the highest bidder in open Court.


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