Chapter X. Miscellaneous Provisions as to Landlord and Tenant Act (CNT Act 1908) Excerpts (B)

Chapter X. Miscellaneous Provisions as to Landlord and Tenant

Tenant not to be ejected except in execution of decree or order:
A tenant can now be ejected from his tenancy, notwithstanding the existence of a contract to the contrary.

Ghatwali and other service tenures and holdings are, exempted from the operation of this. It would appear that a Ghatwal or other service-holder may be ejected otherwise than in execution of a decree or order passed under this Act, provided there is a recognized custom or a contract under which he may be ejected, in any other lawful manner.
Surrender and Abandonment:
(1)     A Raiyat not bound by a lease or other agreement for a fixed period may, at the end of any agricultural year, surrender his holdings.
(2)    But, notwithstanding the surrender, the Raiyat shall be liable to indemnify the landlord against any loss of the rent of the holding for the agricultural year next following the date of the surrender, unless he gives to his landlord, at least 4 months before he surrenders, notice of his intention to surrender.
(3)    The Raiyat may, if he thinks fit, cause the notice to be served through the Court of the Deputy Commissioner within whose jurisdiction the holding or any portion of it is situate.
(4)    When a Raiyat has surrendered his holdings, the landlord may enter on the holding and either let it to another tenant or take it into cultivation himself.
Abandonment of land of Raiyat:
If a Raiyat voluntarily abandons the land held or cultivated by him, without notice to the landlord, and cease either himself or through any other person to cultivate the land and to pay his rent as it fall due, the landlord may, at any time after the expiration of the agricultural year in which the Raiyat so abandons and ceases to cultivate, enter on the holding and let it to another tenant or take it into cultivation himself.
When a Raiyat deserts his holding, and neither cultivates it nor pays rent for it, he has wholly relinquished or abandoned it.
Aboriginal Raiyats in Chota Nagpur frequently desert their holdings in periods of stress, and emigrate in the labour districts, without making any arrangements for the cultivation of the lands comprised within their tenancies, or for the payment of the rent. They sometimes return in a year or two, and not uncommonly assert that they have not abandoned their tenancies.

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