(1) Every person who, for a period of twelve years, whether wholly or partly before or after the commencement of this Act, has continuously held as a 'Raiyat' land situate in any village, whether under a lease or otherwise, shall be deemed to have become on the expiration of that period a settled 'Raiyat' of that village.
(2) A person shall be deemed, for the purposes of this Section, to have continuously held land in a village, notwithstanding that the particular land held by him has been different at different times.
(3) A person shall be deemed, for the purposes of this Section, to have held as a 'Raiyat' any land held as a 'Raiyat' by a person whose heir he is.
(4) Land held by two or more co-sharers as a 'Raiyati' holding shall be deemed, for the purposes of this Section, to have been held as a 'Raiyat' by each such co-sharer.
(5) A person shall continue to be a settled 'Raiyat' of village as long as he holds any land as a 'Raiyat' in that village and for three years thereafter.
(6) If a Raiyat recovers possession of land under Section 71, or by suit, he shall be deemed to have continued to be a settled 'Raiyat', notwithstanding his having been out of possession for more than three years.
(7) If, in any suit or proceeding, it is proved or admitted that a person holds any land as a 'Raiyat', it shall, as between him and the landlord under whom he holds the land, be presumed, for the purpose of this Section, until the contrary is proved or admitted, that he has twelve years continuously held that land or some part of it as a 'Raiyat'.
18. Bhuinhars and Mundari khunt-kattidars to be settled Raiyats in certain cases - The following classes of persons shall be deemed to be settled 'Raiyats' for the purposes of this Act, in regard to the land in their villages which they cultivate as 'Raiyats' (other than their own 'bhuinhari' or 'Mundari khunti-kattidari' land, and other than landlords privileged lands as defined in Section 18 and the provisions of subsections (3) to (6) of Section 17 shall apply to such persons as if they were 'Raiyats', namely :-
(a) where any land in a village, other than land known as 'manjhihas' or 'bethkheta', is entered in any register prepared and confirmed under the Chota Nagpur Tenures Act, 1869 (Ben. Act 2 of 1969)-all members of any 'Bhuinhari' family, who hold and have for twelve years continuously held, land in such village, and
(b) where any village contains lands not forming part of Mundari khunti-kattidari tenancy and an entry of Mundari khunt-kattidari or of Mundari khunt-kattidars in such village has been made in any record-of-rights as finally published under this Act or under any law in force before the commencement of this Act-all male members of any Mundari khuntkattidar family who hold, and have for twelve years continuously held land in such village.
19. Settled Raiyats to have occupancy-rights - Every person who is a settled Raiyat of a village within the meaning of Section 17 or Section 18 shall [subject to the provisions of Section 43] have a right of occupancy in all [* * *] for the time being held by him as a Raiyat in that village.
[20. Effect of acquisition of occupancy-rights by landlord. - (1) When the immediate landlord of an occupancy holding is a proprietor or a permanent tenure-holder and the entire interests of the landlords and the Raiyat in the holding become united in the same person by transfer, succession, or otherwise, such a person, shall hold the land as a proprietor or permanent tenure-holder, as the case may be, and shall not hold it by any subordinate right whatsoever; but nothing in this subsection shall prejudicially affect the rights of any third person.
(2) If the occupancy-right in land is transferred to a person jointly interested in the land as proprietor or permanent tenure-holder; such person shall hold the land as proprietor or permanent tenure-holder, as the case may be, and shall not hold it by - any subordinate right whatsoever. Such transferee shall pay to his co-sharers a fair and equitable sum for the use and occupation of the land, and if he sub-lets the land to a third person, such third person shall be deemed to be a tenure-holder or a Raiyat, as the case may be, in respect thereof.
Illustration. - A, a co-sharer landlord, purchases the occupation holding of a Raiyat X.A sublets the land to Y who takes it for the purpose of establishing tenants on it: Y becomes a tenure-holder in respect of the land. Or A sub-lets it to Z who takes it for the purpose of cultivating it himself: Z becomes a Raiyat in respect of the land.
In determining from time to time what is a fair and equitable sum under this sub-section, regard shall be had to the rent payable by the occupancy-raiyat at the time of the transfer, and to the principles of this Act regulating the enhancement or reduction of the rent of occupancy-raiyats.
(3) A person interested in any estate, tenure, village or land, whether solely or jointly with others, as a temporary tenure-holder, Ijaradar, or farmer of rents, or as a mortgagee in possession, shall not during the period of his lease or mortgage, acquire by purchase or otherwise a right to hold any land comprised in his lease or mortgage in any other capacity than as such lessee or mortgagee and every interest acquired by him in such land during the period of his lease or mortgage, shall upon the termination of such lease or mortgage, cease to exist; provided that if he has settled the land with third person as a tenure-holder or a Raiyat, not being prohibited from so doing by the terms of his lease or mortgage, the rights of such third person shall not be affected by the mere termination of the lease, but such third person shall be deemed to be a tenureholder or a Raiyat, as the case may be, in respect of the land.
(4) This Section does not prohibit and shall be deemed never to have prohibited the acquisition of a right of occupancy in a parcel of land-
(a) by a village headman if by local custom or usage he has a right to acquire a right of occupancy in land of the class to which that parcel belongs, or
(b) by a temporary tenure-holder who, before becoming such, was himself a resident cultivator of the village, in such parcel has been converted by him into Korkar or has been acquired by him by succession or inheritance.]
Explanation. - A person having a right of occupancy in land does not lose it by subsequently becoming jointly interested in the land as a proprietor or permanent tenure-holder or by subsequently holding the land in ijara or farm or as a temporary tenure-holder or mortgagee.
Incident of Occupancy Right