Section 37 of The Bengal Land Revenue Sales Act, 1859
The purchaser .of an entire estate in the permanently settled Districts of Bengal, Behar, and Orissa, sold under this Act for the recovery of arrears due on account of the same, shall acquire the estate free from all encumbrances which may have been imposed upon it after the time of settlement; and shall be entitled to avoid and annul all under-tenures and forthwith to eject all undertenants, with the following exceptions: First. Istemraree or mokurreree tenures which have been held at a fixed rent from the time of the permanent settlement. Secondly. Tenures existing at the time of settlement, which have not been held at a fixed rent. Provided always that the rents of such tenures shall be liable to enhancement under any law for the time being in force for the enhancement of the rent of such tenures. Thirdly. Talookdaree and other similar tenures created since the time of settlement and held immediately of the proprietors of estates, and farms for terms of years so held, when such tenures and farms have been duly registered under the provisions of this Act. Fourthly. Leases of lands whereon dwelling houses, manufactories, or other permanent buildings have been erected, or whereon gardens, plantations, tanks, wells, canals, places of worship, or burning or burying grounds have been made, or wherein mines have been sunk. And such a purchaser as is aforesaid shall be entitled to proceed in the manner prescribed by any law for the time being in force for the enhancement of the rent of any land coming within the fourth class of exceptions above made, if he can prove the same to have been held at what was originally an unfair rent, and if the same shall not have been held at a fixed rent, equal to the rent of good arable land, for a term exceeding twelve years; but not otherwise. Proviso.---Provided always that nothing in this Section contained shall be construed to entitle any such purchaser as aforesaid to eject any ryot having a right of occupancy at a fixed rent or at a rent assessable according to fixed rules under the laws in force, or to enhance the rent of any such ryot otherwise than in the manner prescribed by such laws, or otherwise than the former proprietor, irrespectively of all engagements made since the time of settlement, may have been entitled to do.
Summary
- The purchaser of an estate sold for its own revenue arrears acquires the property free from all agreements and debts added after the original land settlement.
- The new owner has the right to cancel under-tenures and evict under-tenants immediately upon purchase.
- Tenures held at a fixed rent from the time of the permanent settlement are protected and cannot be cancelled.
- Tenures created after the settlement, such as talookdaree tenures and farms leased for a specific number of years, are protected only if they have been officially registered under this law.
- Leases for land where permanent structures like houses, factories, gardens, wells, or temples have been built are shielded from cancellation.
- The new owner cannot evict an occupancy peasant (ryot) who pays a fixed rent or a rent assessable under current laws, nor raise their rent unlawfully.
Practical examples
FAQ
1. Can a new purchaser cancel all leases made by the previous owner?
The purchaser can cancel most leases and tenures created after the time of the permanent settlement, with a few specific exceptions.
2. Are people who built houses on the land protected from eviction?
Yes, leases for lands where dwelling houses, factories, or other permanent buildings have been erected are protected from being cancelled.
3. Can the new purchaser raise the rent on protected factory land?
The purchaser can enhance the rent of such land only if the original rent was unfair, and it has not been held at a fair fixed rent for more than twelve years.
Test yourself
Q1.Under Section 37 of The Bengal Land Revenue Sales Act, 1859, what generally happens to under-tenures created after the permanent settlement when an estate is sold for its own revenue arrears?
Q2.Under Section 37 of The Bengal Land Revenue Sales Act, 1859, which of the following physical improvements legally protects a lease from being annulled by the new purchaser?
Q3.Under Section 37 of The Bengal Land Revenue Sales Act, 1859, under what condition can a new purchaser enhance the rent of a protected lease where a permanent building has been erected?
Q4.How does Section 37 of The Bengal Land Revenue Sales Act, 1859 rely on the rules later described in Section 38 regarding talookdaree tenures?