(1) A ten an t shall not , when his lan dlo rd’s t r Jbi"3"1 tn ° inte rest is validly transferred, be l iable to the transferee transferee of for ren t which be ta r e due afte r the tran sfer and landlo rd’s wss paid to the land lord whose inte rest was so tra n- *n tc re s.t sferred, unless the transferee has, before the pay ment re n * pai>d L° given notice of the transfer to the ten ant. io r u with out no tice of the transfer .
(2) When a priv ileged raiyat or an occupancy raiyat valid ly transfers his hold ing, the tsansferor and the transferee shall be jointly and severally liable to the land lord for arre ars of rent d ue before the tr ans fer .
M erger
62. Wh en the landlord of an occupanc y or priv i- Effect of leged raiyat's holding is a pro prieto r, lan dhold er or set- acq uis itio n tlem ent-holder and the en tire interes ts of the landlo rd and the raiyat in the hold ing become uni ted in the "occupancy same person by t ransfer, succession or otherwise , such raiyat’s r igh person shall have no righ t to hold the land as a raiyat b y landlord bu t shall hold it as a proprie tor, landhold er or settle ment-holder , as the case may be ; bu t no thing in this sub-section shall prejudic ially affect the r ights of any thi rd person.
Irregular Transfers of H oldings
63. If any hold ing or part of a hold ing be tran- Transfer in sferred in contravention of the provisions of this Act, tio n^ l^t he such transfer shall be voidable at the option of the Act to be 34 Voidable and land lord and the offending tena nt ’s e nti re interests in offc n d̂ ln ^l e h id in g shall be liable to be forfei ted ; and the tenant’s in land lord may within 3 years of the transfer br ing a terests. suit for recovery o f possession of the entire interests of such ten an t in the hold ing and shall be entitl ed to a decree for ejectm ent of such ten an t or his trans feree and any person claim ing under either of them:
Provided that when the Cou rt is satisfied that the transfer f* * *J1 was m ade in good fai th, the Cou rt s may, in lieu of ejec tment, gran t su ch other relie f as may w ith d ue regard to the landlo rd’s interests to i t seem s uita ble .
I llegal C esses, et c. * Pena lty for 64. Every tena nt from whom , except under any exaction of specia l enact me nt for t he time being in force, any sum s u m in 0 | money or any por tion of the p rod uce of his l and is excess of tHe exac ted by or on behal f of his landlord in excess of the p*yable.U ? r c n t o r >n t e r e s t lawfully payable and every ten ant whose hold ing is assessed at maxim um rates of ren t and from whom service is exacted by or on beha lf of his landlo rd in excess o f the rent or interest lawfully payable may, with in six months from the da te of the exac tion, ins titu te a suit to recover from the landlo rd, in add itio n to the amount or value of wha t is so exac ted, such sum by w ay of pena lty , as the Court thinks fit, not exceeding Rs. 100.
CH AP TER V II I Mis cel laneou s prov isions as io landlords and tenants Eject men t Ejectment in execution ef a decree.
65. No ten an t shall be ejected from his hold ing except in execution of a decree.
1. The words “ of a priviledged raiya t’s rig ht’’ omitted by Assam Act XX VII of 1953.
9 35 £ Improvements