Rajasthan Tenancy Act, 1955
[Chapter – III C]
Section 31 to 37 deals with Primary Rights of Tenants –
Section 31. Right to Residential House
A tenant is entitled to possess a site for a residential house in the abadi of the village where he holds his land. However, if he holds lands in more than one village, he must select only one village in which he wishes to enjoy this concessional right. An agriculturist or artisan is also entitled as per conditions laid down therein.
Further, such person shall have to make an application to the Tehsildar, if he has no residential house, for allotment of a suitable site for the purpose. He has to prove that he has no residential site in the village.
Section 32. Right to Written Lease and Counterparts
- Every tenant shall be entitled to receive from his landholder a written lease consistent with the provisions of this Act.
- Upon delivering or tendering to a tenant such a lease, the landholder shall be entitled to receive from the tenant a counterpart thereof.
- If a lease or counterpart is not received by a person entitled to receive it, he may bring a suit for obtaining such lease or counterpart, as the case may be.
Section 33. Attestation of Lease in Lieu of Registration
The tenant is entitled to have a written lease and to keep it with him as a document of his tenancy. The landholder is also entitled to receive a counterpart of the lease (patta) from the tenant. If such lease or counterpart are not received, a suit can be filed. Such lease or counterpart may not be got registered under the Registration Act, but in lieu of registration, it may be got attested in the following manner:
- The application for attestation of such lease shall be presented to the prescribed officer. Every revenue court and revenue officer, not below the rank of an Inspector of Land Records, may attest the lease.
- It must be presented within 4 months of execution.
Section 34. Prohibition of Premium or Forced Labour
No landholder shall accept a premium for the grant of a lease or make a tenant liable to render any service to the landholder, whether for wages or otherwise, and such condition shall be void, notwithstanding any law or custom to the contrary.
Section 35. Prohibition of Payment Other Than Rent
Notwithstanding any custom or contract to the contrary, no payment by whatever name called or known shall, in addition to the rent of holding or any other charge imposed by the State Government, be levied on or recovered from a tenant.
Section 36. Use of Materials
Tenants shall have the right to remove or utilize for any work in connection with their holding or residential house, stones or other material lying on or under the surface of their holding or obtained by digging during the course of making an improvement.
Section 37. Bar to Seizure, Attachment, and Sale by Process of Court
The right of a tenant in a holding shall not be liable to seizure, attachment, or sale by process of any civil court. The rights of tenants can neither be attached nor sold, but the produce of such land can be attached or sold.
