(i) Where the order is for delivery of any land possession thereof shall be delivered to the party to whom it has been adjudged fudged, or to such person as he may appoint to receive delivery on his behalf, and if necessary, by removing any person who refuses or vacate the land.
(ii) Where the order is for the joint possession of land, such possession shall be delivered by affixing a copy of the warrant in some conspicuous place on the property and proclaiming by beat of drum or other customer mode at some convenient place the substance of the order.
(iii) Where possession of any building or enclosure is to be delivered and the person in possession, being bound by the order, does not afford free access, the competent authority through its officer may, after giving reasonable warning and facility to any woman not appearing in public according to local custom to withdraw, remove or open any lock or bolt or break open any door or do any other act necessary for delivering possession.
(iv) Where the order is for the delivery of land in the occupation of a tenant to other person entitled to occupy the same and not bound by the order to relinquish such occupancy, delivery shall be made by affixing a copy of the warrant in some conspicuous place on the property, and proclaiming to the occupant by beat of drum or other customary mode at some convenient place, the substance of the order in regard to the property.
117. (1) If resistance or obstruction to the delivery of possession is made by any person, the person in whose favour the order has been issued make an application to the court complaining of such resistance or obstruction. (2) The court shall fix a day for investigating the matter and shall summon the party against whom the application is made to appear and answer the same.
28 Use of force against person putting restraint Dismissal of application for possession Transfer by judgment debtor Application by person wrongly dispossessed
118. Where the court is satisfied that the resistance or obstruction was occasioned without any just cause by the person against whom the order has been issued or some other person at his instigation, it shall direct that the applicant be put into possession of the property, by use of such force as may be necessary.
119. Where the court is satisfied that the resistance or obstruction was occasioned by any person (other than the person against whom the order has been issued) claiming in good faith to be in possession of the party on his own account or an account of some person other than the judgment debtor, the court shall make an order dismissing the application.
120. Nothing in the last preceding rule shall apply to resistance or obstruction in execution of an order for delivery of possession of land or directing eviction by a person to whom the judgment debtor has transferred the property during the pendency, of the proceeding.
121. (1) where any person other than the person against whom an order has been issued for delivery of possession is disposed of immovable property, he may make an application to the court complaining of such dispossession.
(2) The court shall fix a day for investigating the matter and shall summon the party against the application is made to appear and answer the same.
Order for re-delivery of possession A person other than a judgment debtor may institute a suit Procedure of revenue court and officers Extent of applicability of CPC
122. Where the court is satisfied that the applicant was in possession of the property on his own account of some person other than the person against whom the order for delivery of possession has been passed, it shall direct that the applicant be put into possession of the property.
123. Any person not being a judgment debtor against whom an order is made under rule 118 or rule 119 may institute a suit to establish the fight which he claims to the present possession of the land; but subject to the result of such suit (if any), the order shall be conclusive.
124. (1) The procedure for revenue courts and of proceeding before revenue officer shall be governed by Schedule III.
(2) subject to the other previsions of these rules, any enquiry by a revenue court, not specifically required to be held in the manner provided for summary enquiry in Schedule III.
125. Subject to the provisions of the Act and these rules the Code of Civil Procedure 1908 shall, as far may be, apply to all or any of the proceeding taken by any revenue court under the Act.
“125A. (1) The 1[Administrator] may either on its own motion or on the application of any party at any stage transfer any revision case arising under the Act and pending before him or authority competent to dispose of the same. The Administrator may, however, recall any revision case at any stage from the officers to whom it has been so transferred and hear it himself or retransfer the same.
1. Inserted by the Tripura Land Revenue & Land Reform (5th amendment) rules 1970.
29
(2) Where any such case has been transferred under sub-rule (1) the officer who thereafter hears it may subject to any special direction in the order of transfer either re-hear it or proceed from the point at which it was transferred”.
Reservation of land for personal cultivation
CHAPTER IX Rights of Raiyats in Land.
126. (1) An application by a raiyat under section 100 shall be main From 35 to the competent authority. The raiyat shall submit with the original application as many copies of the application as there are under raiyats holding land under him whose land he requires to the reserved for his personal cultivation and two more copies to be sent for purpose of the verification and report.
(2) The competent authority shall, from the entries in the record of rights, ascertain, by such enquiry as may appear necessary the number of under raiyats holding land under the said raiyat.
(3) A copy of the application shall be sent to the sub-registrar for verification and to the tehsilder for report in form 36.
Notice of under raiyat Reply of under raiyat Disposal of the application
127. The notice under sub-section (1) of section 101 shall be in Form 38.
128. The details of lands to be furnished under sub-section (2) of section 101 shall be in form 38.
129. (1) Before disposing of the application for resumption the competent authority shall examine the location, nature and quality of the lands held by the raiyat and the under raiyat.
Certificate Notice to issue when land left uncultivated
(2) In passing an order sub-section (3) of section 101, the competent authority shall also determine the following:--
(i) what land, if any, the raiyat may reserve for personal cultivation;
(ii) the location and extend of land to be left with the under raiyats; and
(iii) the right of the under raiyats to the use of source of irrigation in respect of the land left with them.
130. After determining the land to be reserved for personal cultivation of the riayat and the land which each of the under raiyats may be allowed to retain, the competent authority shall issue—
131. (1) Subject to the provision of sub-rule (2) where a raiyat has allowed his land to remain uncultivated for a period of not less than 1[one year] the collector may, by notice in Form 41 call upon the raiyat of any such land to use the land for purposes of agriculture by himself or through under raiyats.
1. Substituted by the Tripura Land Revenue & Land Reforms (6th Amendment) rules 1974.
30 The Collector shall not issue notice under sub-rule (1):-
(a) in respect of land rendered unfit for cultivation through natural calamities, or
(b) the cultivation of which has been prohibited by an order a competent court, or
(c) the land which, under any law or custom or usage for the time being in force is reserved in the year immediately preceding the date on which a notice would otherwise issue for any of the following:--
(i) threshing ground
(ii) irrigation tank
(iii) any public purpose;
(iv) any purpose for which permission has been obtained under section 20 of the Act;
(v) religious purpose;
Service of notice Compliance of notice
(3) Where the holder of any land satisfies the Collector within fourteen days from the date of the service of a notice under sub-rule (1) that either his case is covered by sub-rule (2) or he is already making full and efficient use of land for cultivation, the Collector shall cancel the notice.
132. The notice may be served on the holder by delivering or tendering to him a copy thereof.
Provided that where the holder of such land is not readily traceable or refuses to accept a copy of such notice, the notice may be served by affixing a coy thereof on the last known place of residence of such holder of land or on a conspicuous part of the land to which it relates.
133. The notice under sub-rule (1) of rule 131 shall, subject to the provisions of sub-rule (3) of the said rule, be complied with within a period of three months from the date of the service of such notice or such extended period as the Collector may, on sufficient cause being shown, from time to time allow.
Lease by Collector 134. Where the raiyat of any such land has failed to comply with the notice, the Collector may subject to the provision of the Act, grant a lease of the land to such person as he may deem fit on such terms as may appear reasonable.
Registration of leases 135. A lese of the land by a raiyat shall be registered by the Circle Officer on an application made in this behalf.
Notice of relinquishment
136. (1) The notice for relinquishment of a holding under sub-section
(1) of section 107 shall be made in Form 42 and shall be endorsed by two witnesses.
(2) The notice shall contain particulars of each plot which the raiyat wishes to relinguish and of the land revenue payable therefore.
(3) It shall also bear a certificate denoting that the holding or any part thereof is not subject to any encumbrance or charge.
31
CHAPTER—IXA Service of Notice for transfer Certain restriction on the rights of transfer for the protection of the interests of the scheduled tribes.
**[136A. (1) A notice by a person not belonging to the scheduled Tribe under section 107D shall be in Form 66 to the competent authority. The original notice shall be accompanied by as many copies of the notice as there are co-sharers of the land intended to be transferred and the members of the Scheduled Tribe owing land adjoining such land along with two more copies to be affixed on such land and in the office of the competent authority.
(2) The notice shall clearly describe the property to be sold, the price to be charged, the encumbrances to the land, if any, the name address of the cosharers and the name address of the members of the Scheduled Tribe owing land adjoining to the land to be sold.
(3) In an application under sub-section (3) of section 107 D the cosharer and the member of the Scheduled Tribe shall indicate as to whether he is ready to purchase the land at a price demanded by the intending transferor.
(4) If more than one co-sharers or members of the Scheduled Tribe apply under sub-section (3) of section 107D to purchase the land to be sold, the competent authority shall select a person entitled to purchase such land in accordance with the provisions of sub-section (4) of section 107D and shall communicate to the person selected to purchase the land and to the intending transferor.
(5) If no application is received under sub-section (3) of section 107D within the time specified, the competent authority shall invite applications by a notice in Form 67 from the intending purchaser belonging to the landless Scheduled Tribe residing in the village or Tehsil, as the case may be, where the land is situated.
(6) Notice in Form 67 under sub-rule (5) shall be served by affixing a copy thereof in a conspicuous place of the village where the land is situated, in the Tehsil office and in the office of the competent authority.
(7) On receipt of the applications under sub-rule (6) the competent authority shall after examining the applications and after hearing the applicants and such other person or persons as he may to be heard, select a landless member of the Scheduled Tribe entitled to purchase the land to be sold and shall communicate the same to the person selected and to the intending transferor.
(8) If there is any dispute about the market value payable for the land to be sold as referred to in sub-sections (6) and (8) of section 107D the competent authority shall determine the market value of the land after examining the relevant documents and after hearing such person or persons as he may like to be heard. The value of the land used for agricultural and * The new chapter and new rule 136A inserted by the Tripura Land.
** Revenue and Land Reforms Act (Amendment) Rules, 1975.
32 Application for p