If any landlord refuses to allow the registration of any such transfer as is mentioned in Section 11, the transferee or his successor-in-title may make application to the Deputy Commissioner and the Deputy Commissioner shall thereupon, after issuing notice to be served on the landlord, make such inquiry as Tie considers necessary; and if, no sufficient grounds are shown for the refusal, shall pass an order declaring that the transfer shall be deemed to be registered.
[13. Division of Tenure and distribution of rent. - (1) A division of any tenure or portion thereof or a distribution of the rent payable in respect of any tenure or portion thereof shall be binding on the landlord if the transferor sends to the landlord by registered post a notice of such division or distribution containing the prescribed particulars:
Provided that the landlord may, if he objects to the said division or distribution of the rent, make an application to the Deputy Commissioner for fair division or distribution of rent within the prescribed period from the date of the service of notice.
(2) On the receipt of an application under the proviso to sub-section (1), the Deputy Commissioner shall in the prescribed manner serve on the parties including the landlord a notice of the date on which he intends to hear the application after hearing the parties and holding such inquiry as he thinks proper, the Deputy Commissioner shall divide or distribute the rent of the tenure in such manner as he deems fair and equitable.
(3) The order of the Deputy Commissioner under sub-section (2) shall take effect from such date as may be specified in the order.]
14. Annulment of encumbrances on resumption of resumable tenure - (1) Upon the resumption of a resumable tenure, every lien, sub-tenancy, easement or other right or interest created, without the consent or permission of the grantor or his successor-ininterest by the grantee or any of his successors, on the tenure, or in limitation of his own interest therein, shall be deemed to be annulled, except the following, namely:-
(a) any lease of land whereupon a dwelling house, manufactory or other permanent building, has been erected or a permanent garden, plantation, tank, canal, [bandh, ahar other work of irrigation] place of worship, or burning or burying ground has been made, or wherein a mine has been sunk under lawful authority;
[(aa) any right of [the Government] in any land within a cantonment;]
(b) any right of a Raiyat or cultivator in his holding or land, as conferred by this Act or by any local custom or usage;
(c) any right to hold land occupied by sacred grove;
(d) any Mundari khunt-kattidaritenancy;
[(dd) any Bhuinhari tenure, as defined in the Chota Nagpur Tenure Act, 1869 (Bengal Act 2 of 1869)]; [* * *]
(e) any right of a [village-headman] in his office or land; [and] [(f) any easement of necessity],
(2) Nothing in clause (a) of sub-section (1) shall confer on any grantee of a resumable tenure or any of his successors any right over mineral which he does not otherwise possess.
15. Saving of rights of landlord - The mere registration of a transfer under Section 11, or the mere receipt of a registration fee thereunder, or the passing of an order by the Deputy Commissioner under Section 12, shall not be deemed to imply a consent to, or permission to make, the transfer, within the meaning of Section 14; and the landlord shall not be bound by the terms or conditions of any such transfer.
Chapter IV Occupancy-raiyat General
16. Continuance of existing occupancy rights - [(1) Every 'Raiyat', who immediately before the commencement of this Act, has by the operation of any enactment or by local custom or usage or otherwise, a right of occupancy in any land, shall when this Act comes into force, have right of occupancy in that land, notwithstanding the fact that he may not have cultivated or held the land for a period of twelve years.]
[(2)] The exclusion from the operation of this Act by a notification under subsection (2) of Section 1 of any area or part of an area, which is constituted a Municipality under the provisions of [the Jharkhand Municipal Act, 2002 (B&O Act 7 of 1922) or which is within cantonment, shall not affect any right, obligation or liability previously acquired, incurred or accrued in reference to such area.]