Chapter VIII. Leases and Transfers of Holdings and Tenures
Restrictions on transfer and sale of Bhuinhari Tenures Ben. Act II of 1869:
Where any land in a village, other than land known as Manjhihas or Bethkheta, is entered in any register prepared and confirmed under the Chota Nagpur Tenures Act, 1869 then-
(a) these shall apply also to all members of any Bhuinhari family holding land in such village, and to the land so held, as if they were Raiyats and holdings, respectively, with the substitution of “the 1st October 1908” for “the 1st January, 1903”: and
The restrictions on transfer are now made applicable to Bhuinhari tenures, as if they were Raiyati holdings. The rights of the landlord to transfer his Manjhihas or Bethkheta lands are not affected. Bhuinhari tenures which are not of a service character were by custom transferable by sale, without the consent of the landlord. A temporary transfer of his right by a Bhuinhar would, therefore, appear to be binding on immediate landlord. As a matter of custom the official service tenures held by the Pahan, the Mahato and other village officials cannot be transferred by lease or mortgage even for short period, though this custom is being broken down, and these tenures have been, in some cases, sold by the court, in execution of decrees for debts due by the village officials, and have thus been lost permanently to the village community.
(b) if any member of any such family transfers the land so held, or any part thereof, by lease, the lessee shall not acquire a right of occupancy therein.
Occupancy rights cannot now be acquired by a lessee of Bhuinhari lands. In the case of the Bhunihari service tenures, such as Pahnai, Dalikatari, Mundai, Mahatoi and Panbhara, apart from the provisions of the statutory law contained in this clause, Raiyats cannot under any circumstances acquire occupancy rights to them. They are specifically set aside for the due performance of certain religious services. The Pahan cannot lawfully alienate them, nor do occupancy rights accrue in them by local usage or customs. It is being an incident of these tenancies that no permanent interests accrue to tenants who may from time to time cultivate them or portion of them, whether under the Pahan or his lessee.