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Section 88

The Assam (Temporarily Settled Districts) Tenancy Act, 1935State Act of Assam · Act 3 of 1935

(1) Except where otherwise expresslv piov id- Ma tte rs exed in this Act or in rules issued the reunde r no Civil empted from Court shall exercise jurisd iction in any of the following ma tter s :— Cou rt.

(a) Claims to com mutation of ren t by pri ­ vileged raiyats.

(Z») Claims to reduct ion , enhancement or a lte ra­ tion of rents of holdings.

(c) Claims to comp ensa tion for with hold ing of pro per rece ipt or damages to land lord unde r section 52.

(</) Claim s to deposit rent .

(«) Claim s to register improvements.

( / ) App lica tion s for acquisition of holdings by landlords.

(») App licat ions for perm ission or orde r in rega rd to measuremen t of lan d or for correct measu rem ent .

46 (/») Format ion of record-o f-rig hts under Chapt er IX o r the pre paratio n, signing or altera tion of any doc ument contained the rein .

(i) Ma inte nan ce of re cord -of-r ights referred to in section 85.

(j ) App lica tion for enhancement of ren t under Section 116.

(2) In all the above ma tte rs, jur isd ict ion shall, except as prov ided in sub-section (1), res t with the revenue auth orit ies only.

fr°m 89. An orde r of a R even ue Cou rt fixing o r a lter ing fixing ° r or r e n t a hold ing under this Act shal l take effect alter ing ren t from such date as the Court may fix as being takes effect- equ itab le.

Jur isdiction 90. Except as p rovided in section 88, the Civil of Civil Court shall have juris dic tion in all su its betw een land- Cou rt. lo rd a n ( j te nant as such.

Power to modify Civil Procedure Code in its application to landlord and ten ant suits.

91. (/) Th e [Sta te Government ]1 2 may, from time to time, * * * * ’ * * * * £ make rules consistent with this Act decla ring that any por tion of the Civil Procedure Code, 1908, shall no t app ly to suits between land lord and ten ants as such or to any specified classes of such suits or app ly to them subject to modifications specified in the rules.

Act V

1908.

of (») Sub ject to any rules made under the fore­ going section and to the oth er provisions of this Act, Act V of the Code ol Civil Proc edure, 1908, shall app ly to all 1908.

such suits.

Procedure 92. In suits between landlord and ten an t as such in ren t suits, the pla int sh all, in add itio n to matter s mentioned in rules 1, 2, 4, 5 an d 6 and sub-rule (2) of rule 9 of A c t v of- Order V II in the first Schedule to Code of Civil Pro- ig08 cedu re, 1908, specify the a rea o f the land to which the su it rela tes and where fields are num ber ed in the vil­ lage pap ers, the n um ber and area of each fields and , in suits for ar rea rs, the am ount of the yearly rent a nd the instalments in which it is payable. Where the land to which the sui t relate s does no t form one or more fields numbered in the village papers the plaint shall con tain a sufficient descript ion of the la nd a nd its boundaries .

O

1. Subs tituted by the A. O- 1930 for “ Provincial Gov ernmen t” .

2. The words “with the approva l o f the Governor-General in Council” omitted by t he A. O. 1937.

* 47

93. No set-o ff shall be allowed in any suit for Set-off in arre ars o f ren t unless the amount claimed as a set-off ’^ ^ rs *°f has been determ ined by a d ecree or order of a com- r e n t peten t Court.

Where this provision sits

ActThe Assam (Temporarily Settled Districts) Tenancy Act, 1935
Section88
JurisdictionState of Assam
StatusIn force as published by the source

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