An occupancy-Raiyat shall not be ejected by his landlord from his holding, except in execution of a decree for ejectment passed on the ground,-
(a) that he has used the land comprised in his holding in a manner which is not authorised by Section 21 [or 21-A];
(b) that he has broken a condition, consistent with the provisions of this Act, on breach of which he is, under the terms of a contract between himself and his landlord, liable to be ejected.
23. Devolution of occupancy right on death - If a Raiyat dies intestate in respect of a right of occupancy, it shall, subject to any local custom to the contrary, descend in the same manner as other immovable property :
Provided that in any case in which, under the law of inheritance to which the Raiyat is subject, his other property goes to the [Government], his right of occupancy shall be extinguished.
[23A. Registration of certain transfers of occupancy holdings. - (1) When an occupancy-holding or any portion thereof is transferred [by sale, gift, will or exchange in accordance with the provisions of this Act], the transferee or his successor in title may cause the transfer to be registered in the office of the landlord to whom the rent of the holding or portion thereof as the case may be, is payable.
[(2) The landlord shall allow the registration of all such transfers and shall not be entitled, except in the case of a transfer by sale or gift, to levy any registration fee. In the case of a transfer by sale or gift, the landlord shall be entitled to levy a registration fee of the following amount, namely:-]
(i) when rent is payable in respect of the holding or portion, a fee of [five percentum] on the annual rent thereof:
[Provided that, such fee shall not be less than rupees two and fifty paise or more than rupees two hundred and fifty; and]
(ii) when rent is not payable in respect of the holding or portion, a fee of [rupees two and fifty paise.]
[(3) A registering officer shall not register-any instrument purporting or operating to transfer an occupancy holding or portion of an occupancy holding by sale or gift unless there is paid to him in addition to any fee payable under the Act for the time being in force for the registration of documents, a process fee of the prescribed amount and the registration fee payable under sub-section-(2), together with the costs necessary for the transmission of the registration fee to the landlord:
Provided that a gift to the husband or wife of the donor or to a son adopted under the Hindu Law or to a relation by consanguinity within three degrees of such donor shall not require any registration fee to be paid to the landlord as provided in sub-section (2).]
(4) When the registration of any such instrument is complete, the registering officer shall send to the Deputy Commissioner the registration fee and the costs necessary for the transmission of the same to the landlord ana notice of the transfer and registration in the prescribed form, and the Deputy Commissioner shall cause the fee to be transmitted to and the notice to be served on the landlord named in the notice in the prescribed manner.
[(5) If any landlord refuses to allow the registration of any such transfer as is mentioned in sub-section (1), the transferee or his successor-in-title may make an application to the Deputy Commissioner, and the Deputy Commissioner shall thereupon, after causing notice to be served on the landlord, make such inquiry as he considers necessary, and [shall if he is satisfied that the transfer is not contrary to the provisions of this Act], pass an order declaring that the transfer shall be deemed to be registered, and may also pass such order as he thinks fit in respect of the costs of any such inquiry.]
24. Obligation of occupancy-Raiyat to pay rent - An occupancy-Raiyat shall pay rent for his holding at a fair and equitable rate.
[24A. Division of holding by partition and distribution of rent thereof. - (1) When an occupancy holding has been the subject of partition by an order of a Court otherwise,-
(a) the division of the said holding made in accordance with such partition shall be binding on the landlord;
(b) if notice in writing of the partition and the distribution of the rent has been served on the landlord in the prescribed form and in the prescribed manner, such distribution of the rent shall be binding on the landlord :
Provided that the landlord may, if he objects to such distribution by an order of a Court or otherwise, if the parties to the distribution of the rent of the holding.
(2) When an occupancy holding has been the subject of partition by an order of a Court or otherwise, if the parties to the partition are unable to distribute the rent of the holding by agreement, any of them may apply to the Deputy Commissioner to distribute the rent of the holding.
(3) (a) On receipt of an application under the proviso to clause (b) of subsection (1) or under sub-section (2), the Deputy Commissioner shall serve on the parties interested, other than the applicant, a notice of the date on which he intends to hear the application.
Explanation. - For the purpose of this clause, the landlord shall be deemed to be a party interested in an application under sub-section (2).
(b) After serving the notice required by clause (a) and hearing the parties and holding such inquiry as he thinks fit, the Deputy Commissioner shall distribute the rent of the holding in such manner as he considers fair and equitable and his decision shall be final.
(4) The order of the Deputy Commissioner under sub-section (3) shall take effect on an application under the proviso to clause (b) of sub-section (1) from the date of the partition and, on an application under sub-section (2) from such date as the Deputy Commissioner may specify in his order.
(5) The Deputy Commissioner shall have power to award costs to any party to any proceeding under this Section, and any sum ordered to be paid as costs shall be recoverable from the party by whom it is payable as a public demand payable to the Deputy Commissioner.
(6) The Deputy Commissioner shall pay any sum recovered as costs by him under subsection (5) to the party to whom such costs are payable.]
Enhancement of Rent