Section 34 of The Ajmer Tenancy and Land Records Act, 1950 in hindi
- (1)In case of a holding to which the second proviso to sub-section (1) of section 33 applies, the tahsildar may, on the application of a co-tenant, specify the share of such co-tenant in the produce of such holding and depute an officer to divide the produce in accordance with the provisions of sub-sections (2) to (3) of section 77 which shall, mutatis mutandis, apply to such proceedings.
- (2)The order of the tahsildar under sub-section (2) shall not affect the right of a co-tenant to obtain a declaration in respect of his share in such holding under clause (ii) of sub-section (1) of section 43.
Summary
- This provision provides a legal remedy for co-tenants who are blocked from physically splitting their land because of the ten acre minimum rule.
- If a farm cannot be divided into separate plots, a co-tenant can instead ask the tahsildar to formally determine exactly what portion of the crops produced belongs to them.
- Once an application is made, the tahsildar can assign an officer to go to the farm and physically divide the harvested produce among the co-tenants.
- This process of dividing the produce is carried out using the same rules that apply when a landlord and tenant divide crops for rent.
- Using this right to split the harvest does not prevent a co-tenant from going to court to get a formal legal declaration of their total ownership share in the holding.
Practical examples
FAQ
1. What can I do if my farm is too small to legally divide under The Ajmer Tenancy and Land Records Act, 1950, Section 34?
Under Section 34 of the Act, you can apply to the tahsildar to have your share of the produce (the crops) specified and physically divided.
2. Does getting my share of the crops under Section 34 of the Ajmer Tenancy Act prove I own part of the land?
While it helps, Section 34 of the Act specifically states that a tahsildar's order does not affect your right to seek a formal court declaration of your share in the holding.
3. Who actually divides the crops when an application is made under Section 34 of The Ajmer Tenancy and Land Records Act, 1950?
The tahsildar will depute an officer to divide the produce according to the rules set out in the Act for produce rents.
Test yourself
Q1.Under what specific condition does Section 34 of The Ajmer Tenancy and Land Records Act, 1950, allow a co-tenant to claim a division of produce?
Q2.Under Sections 33 and 34 of the Ajmer Act, if a co-tenant's share would be 8 acres after a split, what action can they take?
Q3.Which official is responsible for specifying a co-tenant's share of produce under Section 34 of The Ajmer Tenancy and Land Records Act, 1950?
Q4.Does an order for dividing produce under Section 34 of The Ajmer Tenancy and Land Records Act, 1950, stop a co-tenant from getting a legal declaration of their share?