Land Laws And Other Local Laws I

Unit- II
Topic: Classes of Tenure Holder

Content Prepared by:

Lata Yadav

Ph.D(NET) in Law

(2019-20)

Faculty of Law

University of Lucknow

Disclaimer: This content is solely for the purpose of e-learning by students and
any commercial use is not permitted. The author does not claim originality of the
content and it is based on the following references.
 Classes of Tenure Holder

Who is tenure holder- a person who has acquired from an intermediary the right to hold the
lands for the purpose of collecting rents for bringing them under cultivation by establishing
tenants thereon and includes also the successor in interest of person who have acquired such
right.

Historical background of classes of tenure holder

● Before coming into operation of Uttar Pradesh Zamindari abolition and land reform act
1950 there were 14 complicated and bewildering varieties of the existing land tenure
holders. It was considered necessary to substitute the bewildering varieties of the existing
land tenure by a simple and uniform scheme. Accordingly the Uttar Pradesh Zamindari
Abolition and Land Reform Act, the abolition of intermediaries and their estate also
abolished all the old varieties of land tenure and substituted them into 4 classes..

1. Bhumidhar
2. Sirdar
3. Adhivasi
4. Asami

● Aadivasi was a tenure inferior to siddhar but superior to asami .It was a traditional form
of land tenure which was to disappear from the expiry of land loss after 5 years from
commencement of the Act. But before maturity aadivasi were considered favorable and
they were conferred the rights of sirdar by the U.P land reform amendment act 1954.show
all aadivasi became sidharth and there remained only 3 tenure in land law after 30
October 1954 categories of tenure holder the Uttar Pradesh land reform amendment act
1958 added section 133 a in Uttar Pradesh Zamindari abolition and land reform act which
adds one more category wise government lessee.
 ● one of the rights of the sirdar under UP zamindari abolition and land reforms act was to
acquire bhumidhari rights by depositing 10 times of the land revenue but with effect from
the 16th July 1975 the U.P land laws amendment act 1975 prohibited the acquisition of
bhumidhari rights by those who were admitted as sirdar by the land management
committee the Uttar Pradesh land laws amendment act 1977 which came into operation
with effect from 28 January 1977 converted all into bhumidhar.

● The bhumidhar were divided into two classes that are bhumidhar with transferable rights
and bhumidhar with non transferable rights.

● All the existing Sidhar having rights to become women were made bhumidhar with
transferable right ,sirdhar having such right word made bhumidhar with non transferable
rights, asami were left untouched.

● Therefore with effect from 28 January 1977 there are three tenure holder in land laws
they are as following-
1. Bhumidhar with transferable rights
2. Bhumidhar with non transferable rights
3. Asami

● Then the Uttar Pradesh zamindari abolition and land reform act amended in 1986 and
added government lessee under Section 129 clause 4.
1. Bhumidhar with transferable rights
2. Bhumidhar with non transferable rights
3. Asami
4. Government lessee

Classes of tenure holders-

Section 129 of Uttar Pradesh zamindari abolition and land reform act define the four kinds of
tenure holder-
1. Bhumidhar with transferable rights
2. Bhumidhar with non transferable rights
3. Asami
4. Government lessee.

1. Bhumidhar with transferable right-(section 130)-

This act provide full classes of women with transferable rights

● Every person who became women on abolition of zamindari.
● Every person who became Sirdhar on the abolition of zamindari and acquire bhumidhari
right by depositing 10 times of land revenue.
● Every person who was a sirdhar immediately before the commencement of u up land
laws amendment act 1977 and head right to become women by depositing 10 times of
land revenue.
● Every person who is any other manner acquired the right of women with transferable
right under or in accordance with the provisions of this act.

Here in any other manner may include such person who acquires the right of bhumidhar with
transferable right by sale gift or even trespass.

Bhumidhar with transferable right is the highest type of tenure holder his interest is permanent
heritable and transferable he can be said as peasant proprietor in all the respects.

All the old having transferable right in their lands were broadly speaking branded as bhumidhar
under the up zamindari abolition and land reform act 1950.sach bhumidhar have now been called
bhumidhar with transferable right with effect from 28 January 1977 all sirdar having rights to
become bhumidhar were also made with transferable rights.

2. Bhumidhar with non transferable rights (section 131 and 131A)-

These two section provide following person as bhumidhar with non transferable rights-

● Every person admitted as sirdhar of any land under section 195 before the date of
commencement of Uttar Pradesh zamindari land laws amendment act 1977 or as a
bhumidhar with non transferable right under the said section on or after the said date.

● Every person who is or has been allotted any land under the provision of Uttar Pradesh
bhoodan yojna act 1952.

● With Effect from 1st July 1981 every person with whom surplus land is or has been
settled under section 26a or section 27 clause 3 of Uttar Pradesh imposition of ceiling on
land holding act 1960.

● Every person who is in any other manner acquires the right of such bhumidhar under law
in accordance with the provisions of this act.

● In the portion of district sonbhadra ,south of kaimur range every person in cultivator
position of any land wasted in a gaon Sabha or belonging to the state government before
30 June 1978 provided-
(I) It is not land notified under section 20 of Indian forest act 1927.
(II) It is not land mentioned under section 132 or section 133A
(III) It does not exceed the maximum ceiling area determined under Uttar Pradesh
imposition of ceiling on land holding act 1960.

● The Uttar Pradesh zamindari abolition and land reform amendment act 1995 inserted
section 131B , which says that "every bhumidhar with non transferable right who has
already completed 10 year or more than date of allotment of land the person will
obtain transferable right in the land and rest other person who have got the position
of land. Later on shall acquire the bhumidhar and transferable right after the
completion of 10 year period"
 ● But the person who has acquired the bhumidhari transferable right in land in pursuance of
aforesaid amendment in the act and subsequently transferring the land by way of sale
shall be further in eligible for the grant of lease of land vested in gram sabha or land
declared as surplus in Uttar Pradesh imposition of ceiling on land holding act 1960.

● The right of BNTR is not transferable but permanent and heritable right.

3. Asami - (Section 133)

Asami is minor form of land tenure. it applies but too small number of persons who were non
occupancy tenant under the prior law. Neither it is permanent not transferable. When a
bhumidhar lets his holding in accordance with the provisions of the act the lessee is called an
asami. His status is analogous to that of sub tenant or shikmi kashtkar. There are certain lands
enumerated under section 132 in which bhumidhar rights cannot be given. If such land is allotted
to a person by the land management committee or other body his shall be asami thereof. Thus an
asami shall bhumidhar asami or bhumidhar or of gaon Sabha.

And asami is not 18 and at sweet will and mercy of gaon Sabha or the land holder. he is not
holding position on behalf of the gaon Sabha or landholder but he has a wastage of title to it and
holes on his own behalf and can set up his position against the landholder till formality
prescribed by law is undertaken by the land holder and he is evicted by the process of law. if he
is left at the sweet will or mercy of landholder he can be thrown out just after he puts in all his
labor and the crop is already for harvesting. Tenant under a lease of land used for agriculture
purpose would be in title to notice expiring with the end of agriculture year so that he may not be
evicted after the crop is ready for harvesting and may not be exposed to unfair treatment at the
hands of land holder.

The act provides for classes of person as asami-

● Every person who has consequences of abolition of zamindari system becomes asami.
 ● Every person who is admitted by the land management committee or by bhumidhar as
lessee of land.

● Every person who is admitted by land management committee or the person entitled as a
lessee of land described in section 132.

● Every person who is in any other manner acquires the right of asami under this act or any
other law.

4. Government lessee-
The government lessee was introduced in act by U.P land reforms amendment act 1958 and after
section 133 new sections 133A was added and seem was popularized as government lessee. The
government lessee means to which land has been let out by the state government in contrary to
the existing law of the act, such person shall be entitled to have the position of land in according
to terms and condition of the lease.

In other word every person to whom land has been let out by the state government shall be called
government lessee in the suspect of such land and shall notwithstanding anything to the contrary
contains in this act be entitled to hold the same in accordance with the term and condition of the
lease related thereto.

It is clarified that lessee cannot be ejected from the land according to the rules and the law of the
app except to this that lessee does an act in violation of the terms and condition of the lease.