(1) Notwithstanding anything contained in Section 240, a 'Mundari khunt-kattida' may without the consent of his landlord, transfer the land comprised in his tenancy, or any part thereof, for any reasonable and sufficient purpose having relation to the good of the tenancy or of the tenure or estate in which it is comprised, such as the use of the land for any charitable, religious or educational purpose or for the purposes of manufacture or irrigation, or as building ground for any such purpose, or for access to land used or required for any such purpose:
Provided that the transfer shall be made by registered deed and that before the deed is registered and land transferred, the written consent of the Deputy Commissioner shall be obtained to the terms of the deed, and to the transfer.
(2) Before consenting to any such transfer, the Deputy Commissioner shall satisfy himself that [adequate compensation is tendered to] the landlord and other co-sharers in the tenancy [* * *] for the loss (if any) caused to them by the transfer; and where only part of the land comprised in the tenancy is transferred may, if he thinks fit, apportion between the transferee and the original tenant all dues payable for the tenancy.
(3) Any appeal against any order of a Deputy Commissioner consenting or refusing to consent to any such transfer shall lie as provided in Chapter XVI.
242. Ejectment of persons unlawfully obtaining possession of such tenancies - If any person obtains possession of a 'Mundari-khunt-kattidari tenancy or any portion thereof in contravention of the provision of Section 240, the Deputy Commissioner may eject him therefrom.
and if the tenancy was, before such possession was obtained entered as a 'Mundari khunt-kattidari tenancy in a record-of-rights finally published under the Act or under any law in force before the commencement of this Act, no suit shall be maintainable in any Court in respect of such ejectment; but an appeal shall lie as provided in Chapter XVI.
243. Enhancement of rent - The rent of a 'Mundari khunt-kattidari tenancy may be enhanced only,-
(a) by an order of the Deputy Commissioner, and
(b) if it be shown before the Deputy Commissioner that the tenancy was created within a period of twenty years immediately preceding the presentation of the petition for enhancement.
(2) An order of the Deputy Commissioner under sub-section (1) shall not enhance the rent of any such tenancy to an amount which would exceed one-half of the rent which would by payable for the land if it were held by a Raiyat having a right of occupancy therein.
(3) The provisions of Sections 28 to 30 shall be applicable to proceedings or the enhancement of the rent of a 'Mundari-khunt-katfidari tenancy.
[244. Recovery of arrears of rent under the certificate procedure where there is a record-of-rights. - When an arrear of rent accrues in respect of a 'Mundari-khuntkattidari tenancy for which a record-of-rights has been prepared under this Act or under any law in force before the commencement of this Act, no suit shall be maintainable in any Court for the recovery of the arrears but the landlord may apply in writing to the Deputy Commissioner to sign a certificate authorising the recovery thereof, with simple interest not exceeding twelve-and-a-half per centum per annum or in the case of money recoverable under the Cess Act, 1880 (Bengal Act 9 of 1880) at twelve-and-a-half per centum per annum under the Bihar and Orissa Public Demands Recovery Act, 1914 (B & O Act 4 of 1914).
(2) Every such application shall be signed and verified by the landlord making it, in the manner prescribed by Rule 1 in Schedule II to the said Act, as amended for the time being by rules made under Section 47 thereof, and shall be chargeable with a fee of the amount which would be payable under Court-Fees Act, 1870 (7 of 1870) in respect of a plaint for the recovery of a sum of money equal to that stated in the application as being due.
(3) Upon receiving any such application, the Deputy Commissioner may, after making such inquiry and taking such evidence as he may consider necessary, and if he is satisfied that the arrear is due, sign a certificate, in the prescribed form, stating that the arrear is due; and shall include in the certificate the fee paid under sub-section (2) and shall cause the certificate to be filed in his office.
(4) The person in whose favour any such certificate is signed shall be deemed to be the certificate-holder for the amount mentioned in the certificate, and the person against whom the certificate is signed shall be deemed to be the certificate-debtor for the said amount and all proceedings taken by the Certificate Officer for the recovery of such amount shall be taken at the instance of the first mentioned person, and at his cost and on his responsibility, and not otherwise.
(5)The Bihar and Orissa Public Demands Recovery Act, 1914 (B & O Act 4 of 1914) and Sections 181 to 207 of this Act, with such restriction and modifications (if any) as may be prescribed, shall apply to the execution, and to all proceedings arising out of the execution of certificate filed under sub-section (3):
Provided as follows :-
(a) subject to the provisions of Section 248, a certificate signed under this Section may be enforced only by the attachment and sale of the movable property of the person against whom the certificate is made, or by the attachment realisation of rent or other debts due to him or by execution against his person in the manner provided by Chapter XVI, or by any two or more of these processes; and
(b) no objection by any third person to the attachment or sale of crops shall be entertained, except,-
(i) an objection by a mortgagee holding under a 'bhugut bandhal mortgage', that the judgement-debtor has other movable property or assets, from which the sum due can be realised; or
(ii) an objection by a lessee holding under a 'Mukarrari lease' described in Section 240, clause (a), that the land in respect of which the arrear accrued is included in his lease and that the judgement-debtor has other movable property or assets from which the sum due can be realised; or
(iii) an objection, by a cultivator, that he is in possession of the land in respect of which the arrear accrued, that the land is recorded in the record-of-rights as being in the possession of himself or of some person from whom he has lawfully acquired such possession, and that the judgement-debtor has other movable property or assets from which the sum due can be realised; or
(iv) an objection, by such third person, that the land on which such crops were or are standing is entered in the record-of-rights as being in the possession of himself or of some person from whom he has lawfully acquired possession, and that such land does not form part of the tenancy in respect of which the certificate was signed.
(6) Notwithstanding anything hereinbefore contained the Deputy Commissioner may, in any case by written order setting forth the reasons therefor, refuse to sign a certificate as aforesaid, or stay for any specified period the execution of any certificate which has been signed.
(7) An appeal from any order made under sub-section (6) shall lie as provided in Chapter XVI.]
245. Reference of question of title to Civil Court - If, in the course of any proceedings under Section 244, any question of title is raised which could in the opinion of the Deputy Commissioner more properly be determined by a Civil Court, the Deputy Commissioner shall refer such question to the principal Civil Court in the district for determination.
246. Recovery of arrear of rent by suit where there is no record-of-rights - (1) When an arrear of rent accrues in respect of a 'Mundari-khunt-kattidari' tenancy for which no record-of-rights has been prepared the landlord may institute a suit for the recovery of the arrear.
(2) Subject to the provision of Section 248, a decree or order made in any such suit may be enforced only by the attachment and sale of the movable property of the defendant, or by the attachment or realisation of rent or other debts due to him, or by execution against his person in the manner provided by Chapter XVI, or by any two or more of these processes.
247. Joinder of parties in proceedings under Section 244 or 246 - Where a 'Mundari-khunt-kattidari' tenancy is held jointly by a group of Khunt-kattidar's, and an objection to the making of a certificate under Section 244, or to the execution thereof, or to the maintenance of a suit under Section 246, is made on the ground that all the Khunt-kattidars have not been made parties to the proceedings, the objection shall not be entertained if it be shown that other Khunt-kattidars could not be made parties without undue delay or expense.
248. Recovery of money due to the Government or rent due to a landlord - Where a decree or a certificate under [the Bihar and Orissa Public Demands Recovery Act, 1914 (B & O Act 4 of 1914)] has been made against a 'Mundari-khunt-kattidar' for any money due to the [Government] or for rent to a landlord, the Deputy Commissioner may attach the land occupied by him [whether it be in his immediate occupation or in possession of a mortgagee or of any other person except a Raiyat or a lessee holding under a Mukarrari lease as described in Section 240 [clause (4)(a)], and make such arrangements as the Deputy Commissioner may consider suitable for liquidating the debt [and in particular he may realise and devote to such liquidation all rents due to such mortgage or other person shall not recover from a person rents so realised.]
249. Recovery of contributions from co-sharer tenants - When a 'Mundari-khuntkattidari has paid the rent of his tenancy, including portions thereof due from his cosharers or any of them the said portions may, if the proportions due by such co-sharers are definitely stated in a record-of-rights prepared under this Act or under any law in force before the commencement of this Act, be recovered by him, with interest, under procedure provided by Section 244, as if they were an arrear of rent due to a landlord.