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Repealed or not in force

The Oudh Rent Act 1868, 19 of 1868, (Rep., Act 22 of 1886)

119 sections · As amended up to 2026-08

Sections

  1. 0Section 0
  2. IX — .
  3. 1ACT No. XIX OF 1868. 151
  4. 2Section 17 is excepted, and the term recognized agent is defined as follows, viz., a permanent serva
  5. 3Court after decree may grant lease or counterpart in case of defendant's refusal
  6. 4Section 172
  7. 5Sale of under-proprietary right in execution of decree for arrears of rent
  8. 6Dismissal of suit for lease or counterpart, in absence of written evidence of agreement
  9. VII — .
  10. 7Transfer of suits from subordinate Courts to Commissioner's or Collector's Court. Withdrawal or reference of appeals
  11. 8Financial Commissioner may transfer suits and appeals from one subordinate Court to another
  12. III — .
  13. 9Chief Commissioner may extend section 28, and declare officers to hear and decide cases thereunder
  14. II — .
  15. 10Every landlord who grants a lease is entitled to receive from the tenant a counterpart executed by him
  16. 11Section 11
  17. 12Any instalment of revenue or rent which is not paid on or before the day when the same becomes due,
  18. 13Receipts for rent
  19. 14Power to pay into Court, without suit brought, amount of revenue or rent due
  20. 15The Court shall receive such deposit on the written application of the Co-sharer, under-proprietor o
  21. 16Whenever a deposit has been made under the provisions of this Act, no suit shall be brought against
  22. 17Compensation for non-acceptance of revenue or rent
  23. 18Compensation to under-proprietor or tenant for illegal enforcement of payment
  24. 19Suits for abatement of rent by under-proprietor or tenant
  25. 20Notwithstanding anything contained in sections 19, 35 and 36, the Court, in making a decree for an a
  26. 21Relinquishment of land by tenant
  27. 22If any tenant, or the person from whom he has inherited, make any such improvements on the land in h
  28. 23The word "improvements," as used in section 22, means works by "Improvements" defined. which the ann
  29. 24Such compensation may, at the option of the landlord or his representative, be made
  30. 25In case of difference as to the amount or value of the compensation
  31. 26Tender of lease for twenty years to bar right to compensation for improvements
  32. 27Section 27
  33. III — .
  34. 28In any district in which a settlement of revenue is in progress, it shall be in the discretion of an
  35. 29Chief Commissioner may extend section 28, and declare officers to hear and decide cases thereunder
  36. 30Wherever rent is taken by division of the produce in kind, or by estimate or appraisement of the sta
  37. 31On receiving such application, the Court shall issue a written notice to the other party to attend o
  38. IV — .
  39. 32No tenant having a right of occupancy in any land shall, in case of dispute as to the rent to be pai
  40. 33After a decision has been passed in accordance with section 32, no suit shall lie for re-enhancement
  41. 34On such re-assessment, if the rent of such tenant cannot be enhanced under section 32 by reason of t
  42. 35The Court shall in no case enquire into the propriety of the rate of rent payable by a tenant not having a right of occupancy
  43. 36If in any suit between a landlord and a tenant not having a right of occupancy, the amount of rent p
  44. V — .
  45. 37A tenant may contest his liability to be ejected from the land which he holds on any of the following grounds:
  46. 38No tenant, except a sub-lessor, shall in any case, whether in execution of a decree or otherwise, be
  47. 39A sub-lessor liable to be ejected under the provisions of this Act may be ejected at any time during his tenancy
  48. 40Any tenant, other than a sub-lessor, from whom an arrear of rent remains due on the fifteenth day of
  49. 41Section 41
  50. 42A tenant not having a right of occupancy and not holding under an unexpired lease or an agreement, o
  51. 43The notice mentioned in section 42 shall be written in Hindi and in Urdu: it shall specify the land
  52. 44If the tenant on whom such notice of ejectment has been served fails to institute a suit to contest
  53. 45If no such suit be brought, and the landlord require the assistance of the Court to eject any person
  54. 46Any tenant ejected in accordance with the provisions of this Act, shall be entitled to receive from
  55. VI — .
  56. 47Recovery of arrears of rent by distress
  57. 48Distress shall not be made for any arrear which has been due for a longer period than one year; nor
  58. 49The power of distress, vested by section 47 in landlords, may be exercised by managers under the Cou
  59. 50Any person empowered to distrain property under section 47 or 49, may employ a servant or other pers
  60. 51Standing crops and other ungathered products of the earth, and crops or other products when reaped o
  61. 52Before or at the time when any distress is made under this Act, the distrainer shall cause the defau
  62. 53Unless the amount of the demand is immediately paid or tendered, the distrainer may distrain propert
  63. 54Standing crops and other ungathered products of the earth may, notwithstanding the distress, be reap
  64. 55If a distrainer is opposed or apprehends resistance, and desires to obtain the assistance of a publi
  65. 56If at any time after property has been distrained as aforesaid, and before the sale thereof as herei
  66. 57Within five days from the time of storing any distrained crops or products, or if such crops or prod
  67. 58The application shall be in writing: it shall contain a list or description of the property distrain
  68. 59Immediately on receipt of the application, the proper officer shall send a copy of it to the Court,
  69. 60If a suit is instituted in pursuance of the aforesaid notice, the Court shall send to the proper off
  70. 61Section 61
  71. 62The person whose property has been distrained may, at the time of instituting any such suit as afore
  72. 63Proceeding with sale, if, on expiration of time fixed, no suit is instituted
  73. 64The sale shall be held at the place where the distrained property is deposited, or at the nearest ga
  74. 65If on the property being put up for sale, a price which the officer holding the sale shall think fai
  75. 66The price of every lot shall be paid in ready money at the time of sale, or as soon thereafter as th
  76. 68Officers holding sales of property under this Act, and all persons employed by, or subordinate to, s
  77. 69The officer mentioned in section 57 shall bring to the notice of the Court any illegal act which sha
  78. 70When such officer has gone to any place for the purpose of holding a sale, and no sale takes place,
  79. 71When a suit has been instituted to contest a distrainer's demand, and the property has not been rele
  80. 72In all suits instituted to contest a distrainer's demand, the defendant must prove the arrear in the
  81. 73If the distress is adjudged to be vexatious or groundless, the Court,besides directing the release o
  82. 74If any person claims, as his own, property which has been distrained for arrears of rent alleged to
  83. 75Release on giving security
  84. 76Landlord's prior claim to distrainable produce in possession of defaulting tenant
  85. 77Stranger claiming to be landlord and to have right of distress to be made a party
  86. 78Any person whose property has been distrained for the recovery of a demand not justly due, or of a d
  87. 79If any person empowered to distrain property, or employed for the purpose under a written authority
  88. 80If any person not empowered by this Act to distrain or sell, nor duly authorized for that purpose by
  89. 81If any person resists a distress of property duly made under this Act, or forcibly or clandestinely
  90. 82If such resistance or removal of property be proved, the Court may order the offender to pay a fine
  91. VII — .
  92. 83The Courts of Revenue in Oudh shall take cognizance of the following descriptions of suits, and such
  93. 85Chief Commissioner may declare grade of Tahsildár or Assistant Commissioner
  94. 86The
  95. 87Settlement officers may be invested with powers of Collector, &c., under this Act
  96. 88The Court of the Assistant Collector of the second class shall have power to try and determine suits
  97. 89The Court of the Assistant Collector of the first class shall have power to try and determine suits
  98. 91The Court of the Collector shall have power to try and determine suits of every description and of a
  99. 92The Court of the Commissioner shall have power to hear and determine appeals from decisions in suits
  100. 93The Court of the Financial Commissioner shall have power to hear and determine appeals from the deci
  101. 94The memorandum of appeal, prepared in the form and containing the particulars mentioned in the Code
  102. 95No appeal, except in certain cases, from Collector's decree for money below one hundred rupees
  103. 96Deputy Commissioner may distribute business in subordinate Courts
  104. 97Transfer of suits from subordinate Courts to Commissioner's or Collector's Court. Withdrawal or reference of appeals
  105. 98Financial Commissioner may transfer suits and appeals from one subordinate Court to another
  106. 99In the performance of their duties under this Act, the Collectors General subordination of Courts sh
  107. 100Suits by or against managing agents or tahsildárs of khám estates
  108. 101No sharer in a joint estate, under-proprietary or other tenure, in which a division of land has not
  109. 102If any landlord, under-proprietor, or tenant has, without his consent, been dispossessed of any land
  110. IX — .
  111. 110Section 110
  112. 111When in any suit between a landlord and an under-proprietor or tenant, the right to receive the rent
  113. 112In all suits under this Act, the summons to the defendant shall be for the final disposal of the suit
  114. 113Section 113
  115. 114In any suit under this Act involving a claim to money, the defendant may, at any stage of the suit,
  116. 115Section 115
  117. 116Dismissal of suit for lease or counterpart, in absence of written evidence of agreement
  118. 117The local enquiry described in section 180 of the Code of Civil Procedure may also, if he think fit,
  119. 118No process of execution shall be issued on a decree under this Act after the lapse of three years from the date of such decree
  120. 119When a decree for money is made in any suit under this Act, the Court may, on the oral application o
  121. 120Section 120
  122. 121If the decree be for the delivery of papers or accounts, it may be enforced by the imprisonment in t
  123. 122Section 122
  124. 123Court after decree may grant lease or counterpart in case of defendant's refusal
  125. 124If the decree be for money, no process in execution shall issue against the immoveable property of t
  126. 125Sale of under-proprietary right in execution of decree for arrears of rent
  127. 126No beneficial lease or other incumbrance hereafter created on his tenure by any under-proprietor sha
  128. 127When an under-proprietor creates any such incumbrance, and fails to pay to the proprietor all or any
  129. 128Right of pre-emption at execution-sales