Section 62. Definition of "ordinary tenant"

CHAPTER VII. OF ORDINARY TENANTS. 62. Definition of "ordinary tenant". —(1) Every tenant who is not an absolute occupancy-tenant, or an occupancy-tenant, or a village-service-tenant or a sub-tenant, is an ordinary tenant. (2) In any local area in which the Local Government may, by notification in the local official Gazette, declare that the provisions of this sub-section are in force, where a person cultivates land not being sir-land under an agreement made with the proprietor of the land and purporting to be an agreement for the cultivation of the land by such person and such proprietor in partnership, such person is an ordinary tenant of the land so cultivated by him, and, notwithstanding any contract to the contrary, the rent payable by him for the land shall be fixed by a Revenue-officer on application made by him or his landlord. declare that the provisions of this sub-section are in force, where a person cultivates land not being — 63. Landlord's right to recover rents determined at settlement as payable by ordinary tenants. (1) A Settlement-officer shall, unless the Local Government otherwise directs, fix the rents payable by the ordinary tenants of a mahal other than ordinary tenants whose holdings consist entirely of sir-land, and, on and from the date on which the land-revenue assessment takes effect, the landlord shall be entitled to recover only the rents so fixed. (2) The rents fixed under sub-section (1) shall be recorded in the proceedings of the Settlement-officer, and a copy of the record shall be granted free of expense to the landlord. (3) When by reason of the receipt by the land-lord of any consideration, whether in money or otherwise, a tenant is holding at a rent lower than that fixed by the Settlement-officer under sub-section (1), the Settlement-officer may, notwithstanding anything in this Act, declare him to be entitled to hold at such lower rent,— (a) if the term is fixed by contract, for the term so fixed or for any shorter period ; (b) in other cases, for such term as the Settlement-officer, having regard to the circumstances, fixed as fair and equitable ; and the term for which the tenant is declared to be so entitled shall be entered in the record made under sub-section (2) : Provided that in no case shall the tenant be entitled to hold at such lower rent for a period longer than that for which the settlement is being made, and, at the expiry of the settlement, he shall not be entitled to a continuance of the privilege.