<UP LAND LAW RIGHTS OF BHUMIDHAR WITH NON-TRANSFERABLE RIGHTS>

• The various rights of a bhumidhar with non-transferable rights can be categorised as follows: 1. Right to exclusive possession of land–Section 79 2. Right to use of land for agriculture only –Section 79(2) A bhumidhar with non-transferable rights shall have the right to the exclusive possession of all land of which he is such bhumidhar and to use such land for any purpose connected with agriculture,

• horticulture, social forestry and animal husbandry which includes pisciculture and poultry farming The use of the words “for any purpose connected with agriculture….” occurring in Section 142(2) reveals that a bhumidhar with non-transferable rights may use his holding not only for growing crops, gardening planting trees, husbanding animals, rearing fish or poultry farming, but also for any purpose connected with agriculture, etc. What will be a purpose connected with agriculture etc.

• will depend upon the fact and circumstance of each case. A bhumidhar with non-transferable rights, however, may use his land for tethering of cattle, storing manure, keeping fodder, storing cow dung cakes, keeping khalihan and fixing of kolhu, as these are purposes connected with agriculture or animal husbandry. If such bhumidhar digs a pond in his holding for irrigation purposes, the land must be held to be used for agricultural purpose.

• 3. Right to mortgage without possession-Section 92(a) · Same as in the case of BTR 4. Right to lease in some cases–Sections 95 and 96 · Same as in the case of BTR 5. Right to exchange- Section 101 · Same as in the case of BTR 6. Right to sue for division- Section 116 · Same as in the case of BTR 7. Right to surrender- Section 118 · Same as in the case of BTR 8. Right to abandonment- Section 122 9. Right to claim as bhumidhar with transferable rights- Section 76(2) and 76(3) 10. Right to improvement of land- Section 87 11. Right to get declaration through declaratory suit- Section 144 12. Right to Kisan Bahi- Section 41 13. Right of way and other casements- Section 25

•  Q2. WHAT IS ‘SURRENDER’.

• Surrender occurs when the tenant relinquishes the remainder of his interest in the demised

• premises to the landlord, being the person having the reversionary interest in the premises.

• Surrender must thus occur by mutual agreement between the landlord and the tenant.

• Where there is a joint tenancy, if only one joint tenant agrees to surrender the lease, it will not

• be   effective.    There   may   be  an   express   provision   in   the   lease   that   the   tenancy   can   be

• effectively surrendered by one of the joint tenants. The same principle should apply to the

• landlord’s interest, so that if this is held jointly a valid surrender should be made to all of the

• 

• #co-owners.

• A surrender does not destroy or affect the right of under-tenants or affect liability for breaches

• committed prior to it

•  Surrender occurs when the tenant relinquishes the remainder of his interest in the demised premises to the landlord, being the person having the reversionary interest in the premises. Surrender must thus occur by mutual agreement between the landlord and the tenant.

•  Q3.WHAT IS CALLED BOUNDARY MARKS?

• boundary mark means any erection, whether of earth, stone or other material and also any hedge, unploughed ridge, or strip of ground or other object, whether natural or artificial, set-up, employed or specified by a Survey Officer, or other Revenue Officer, having the authority in that behalf, in order to determine the boundary of any division of means any survey stone, metal pipe or spike, wooden peg or post, concrete post or pillar, or other survey mark used for the purpose of indicating a boundary;

• boundary mark means any mark authorised by law for the purpose of marking boundaries;

• Q4. WHAT IS GAON FUND?

• Gaon Fund #– (1) There shall be a Gaon Fund for each 2 [Gram Panchayat] and the same shall, subject to the provisions of the annual estimate of income and expenditure passed under Section 41, be utilized for carrying out the duties or obligation imposed upon the Gram Sabha or the Gram Panchayat or any committee thereof by this or any other enactment; Provided that such amount up to the total of all sums credited to the Gaon Fund under the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950, minus the amount credited to the Consolidated Gaon Fund under Section 125-A of that Act as may be required by the Bhumi Prabandhak Samiti for being utilized in carrying out its duties or obligations shall be made available out of the Gaon Fund to the Bhumi Prabandhak Samiti every year; Provided further that in the event of any difference between the Bhumi Prabandhak Samiti on the one hand and the Gram Panchayat or Gram Sabha on the other hand about the requirements of funds by the Bhumi Prabandhak Samiti the matter shall be referred by the Pradhan to the prescribed authority whose decision shall be binding. (2) The following shall be credited to the Gaon Fund.

•  (a) The proceeds #of any tax imposed under this Act.

• (b) All sums handed #over by the State Government to the 3 [Gram Panchayat.]

•  (c) The balance, if any, standing to the credit of the village Panchayat previously in existence under the Village Panchayat Act.d All sums ordered by a Court [or required under any law] to be placed to the credit of the Gaon Fund. (e) All sums received under Section 104. (f) The sale proceeds of all dust, dirt, dung or refuse including the dead bodies of animals collected by the servants of the Gram Panchayat. (g) Such portion of the rent or other proceeds of nazul property as the State Government may direct to be placed to the credit of the Gaon Fund. (h) Sums contributed to the Gaon Fund by any 1 [Zila Panchayat] or other local authority. (i)#All sums received by way of loan or gift. (j) Such other sums as may be assigned to the Gaon Fund by any special or general order to the State Government. (k) All sums received by the Gram Panchayat from any individual or corporation or the State Government under Section 24 or any other law. 2 [(l) All sums received by way of grants-in-aid from the consolidated fund of the State.