TENANCY REFORMS AND LAND GOVERNANCE IN INDIA

6.5 LAND LAWS (REVENUE)

(Project Final Draft)

SUBMITTED BY:

ANKITA PANDEY
UID: UGJ21-03
B.A. L.LB. (Honors in Adjudication and Justicing)
Year: III Semester: VI

SUBMITTED TO:
PROF. KAILASH P. VASAVE
(Assistant professor of Law)

April 2024
MAHARASHTRA NATIONAL LAW UNIVERSITY, NAGPUR
 6.5 LAND LAWS (REVENUE )

I. DECLARATION

I, Ankita Pandey, perusing B.A. L.LB Hons. In adjudication and Justicing from
Maharashtra National Law University, Nagpur do hereby declare that the present Research
Project titled JUDICIAL PERSPECTIVES OF TENANCY OF AGRICULTURAL LAND is
an original research work and has not been submitted wholly or partly anywhere else for any
purpose, academic or otherwise.

Date: 7-04-2024 Ankita

Pandey
Place: Nagpur UID No. UGJ21-
03

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II. ACKNOWLEDGEMENT

This is to acknowledge that I, Ankita Pandey, 3rd year student of Maharashtra

National Law University, Nagpur would like to express my deepest gratitude to the

authorities who provided their guidance and their knowledge and made it possible to

complete the report. I would like to extend my special gratitude to our faculty, Prof. Kailash

P. Vasave, whose contribution and encouragement helped me to conduct this research and

complete this project.

“I would also like to express my thankfulness towards all those who have directly or

indirectly guided me in this research and provided their valuable insights and experiences in

order to make this project a reality.

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III. TABLE OF ABBRIVIATIONS

AIR All India Report

Art. Article

Ed. Edition

v. Versus

s. Section

IV. TABLE OF CASES

Cases Page no.

Kisan Punjaji vs Yashodabai Mahadeo (1968) 12

Vasant Ganpat Padave v. Anant Mahadev Sawant (2018) 13

Indore Development Authority v. Manoharlal (2023) 13

State of Kerala v. Mathew K. Jacob (2019) 12

Olga Tellis v. Bombay Municipal Corporation (1985) 13

Zamindar of Ettayapuram v. Subramanian Chettiar (1914) 13

V. TABLE OF STATUTES

Statute Year

The Transfer of Property Act 1882

The constitution of India 1950

The Agricultural Tenancy Act According to

States

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The Rent Control Act According to

States

The Land Ceiling Act According to

States

Indian Contract Act 1882

Specific Relief Act 1968

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VI. TABLE OF CONTENTS

I. DECLARATION...................................................................................................................

II. ACKNOWLEDGEMENT...................................................................................................

III. TABLE OF ABBRIVIATIONS...........................................................................................

IV. TABLE OF CASES.............................................................................................................

V. TABLE OF STATUTES.....................................................................................................

VI. TABLE OF CONTENTS....................................................................................................

VII. ABSTRACT..........................................................................................................................

VIII. INTRODUCTION................................................................................................................

IX. STATEMENT OF PROBLEM............................................................................................

X. OBJECTIVES OF STUDY..................................................................................................

XI. HYPOTHESIS AND RESEARCH QUESTIONS.............................................................

XII. RESEARCH METHODOLOGY........................................................................................

XIII. SCOPE AND LIMITATION..............................................................................................

XIV. RATIONALE OF STUDY..................................................................................................

XV. REVIEW OF LITERATURE...............................................................................................

XVI. TENANCY REFORMS IN INDIA......................................................................................

ZAMINDARI, RYOTWARI AND MAHALWARI SYSTEM........................................................

TENANCY REFORMS............................................................................................................

AFTER EFFECT OF REFORMS...............................................................................................

CEILINGS ON LANDHOLDINGS..........................................................................................

XVII. LAWS GOVERNING TENANCY IN INDIA...................................................................

THE INDIAN CONTRACT ACT OF 1872.............................................................................

THE TRANSFER OF PROPERTY ACT, 1882.......................................................................

THE SPECIFIC RELIEF ACT, 1963.....................................................................................

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THE RENT CONTROL ACT................................................................................................

XVIII.JUDICIAL PERSPECTIVE...............................................................................................

CASE LAWS........................................................................................................................

JUDICIAL PERSPECTIVES...................................................................................................

XIX. DOCTRINE OF ADVERSE POSSESSION AND IT’S IMPACT ON

AGRICULTURAL LAND................................................................................................

XX. MODEL TENANCY LAWS..............................................................................................

MODEL TENANCY ACT, 2019 BY UNION GOVERNMENT..................................................

MODEL TENANCY ACT 2016 BY NITI AYOG...................................................................

XXI. REGULATORY REFORMS AND POLICY RECOMMENDATIONS...........................

COMPREHENSIVE LAND TENURE REFORM......................................................................

SECURE TENURE FOR TENANT FARMERS........................................................................

DIGITIZATION OF LAND RECORDS...................................................................................

COMMUNITY LAND GOVERNANCE...................................................................................

XXII. CONCLUSION..................................................................................................................

XXIII. BIBLIOGRAPHY..............................................................................................................

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VII. ABSTRACT

This research examines the intricacies of tenancy reforms in India within the
broader context of its agrarian landscape. Beginning with a historical overview,
it highlights the feudal agrarian structure inherited post-independence and the
subsequent state-led land reform initiatives aimed at abolishing intermediaries,
regulating tenancy, and imposing land ceiling limits. Through an analysis of the
diverse legal frameworks governing tenancy across states, the research
elucidates the spectrum of regulations from outright bans to conditional leasing.
Judicial perspectives on tenancy, including the doctrine of adverse possession,
add complexity to the legal landscape. Furthermore, the research explores
proposed model tenancy laws designed to legalize and liberalize land leasing,
fostering agricultural efficiency, equity, and rural development. Finally, it offers
regulatory reforms and policy recommendations aimed at addressing the
challenges of tenancy reform, promoting inclusive growth, and unlocking the
potential of the agricultural sector.

Keywords: Tenancy, Agricultural, Rural Development, Sustainable.

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VIII. INTRODUCTION

The agrarian landscape of India, deeply entrenched in a feudal structure at the time of
independence, witnessed significant shifts post-1947. One of the central challenges inherited
was the concentration of land rights in the hands of a few landlords or zamindars, leaving the
actual cultivators or tenants devoid of any right or security of tenure. In response, state
governments embarked on ambitious land reform agendas, aiming to abolish intermediaries,
regulate tenancy, and impose ceilings on landholdings to foster agricultural efficiency and
equity. However, the objectives of these reforms have been only partially achieved, with
restrictive tenancy laws emerging as a stumbling block to agricultural growth and rural
development. This research delves into the multifaceted landscape of tenancy reforms in
India, exploring the historical evolution, legal frameworks, judicial perspectives, and
proposed model tenancy laws. By analyzing the diverse regulatory approaches adopted by
different states, it sheds light on the complexities and challenges inherent in the tenancy
regime. Furthermore, the project examines the impact of the doctrine of adverse possession
on agricultural land tenure and assesses the potential of regulatory reforms and policy
recommendations to address the prevailing inefficiencies and inequities in the agricultural
sector. Through a comprehensive exploration of the tenancy reform discourse, this project
aims to provide insights into the critical issues shaping India's agrarian economy and to offer
actionable recommendations for promoting agricultural efficiency, equity, and rural
development in the country.

IX. STATEMENT OF PROBLEM

The Indian agrarian landscape faces challenges stemming from outdated and restrictive
tenancy laws inherited from colonial times. These laws impede agricultural efficiency, equity,
and rural development by limiting land access, tenure security, and investment opportunities
for tenants, hindering the sector's potential for growth and poverty reduction.

X. OBJECTIVES OF STUDY

Objectives of the research are:

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1. To understand the tenancy reforms in India.

2. To analyze the laws governing Tenancy in India.
3. To understand the judicial perspective pertaining to tenancy of land in India.
4. To understand the Modal Tenancy Acts and their lacunas.
5. To propose policy recommendations and strategies for legal reforms aimed at promoting
equitable land tenure and fostering sustainable agricultural practices.

XI. HYPOTHESIS AND RESEARCH QUESTIONS

Hypothesis: Comprehensive legal reforms, institutional capacity-building, and multi-

stakeholder collaboration will improve rural development, enhance agricultural productivity,
and strengthen the livelihoods of farmers and rural communities by addressing the factors
that contribute to disputes in agricultural land tenancy, such as tenure insecurity, rent
regulation issues, unequal land access, and legal complexities.

Research Questions:

1. What are the tenancy reforms in India?

2. What are the laws governing Tenancy in India?
3. What is the judicial perspective pertaining to tenancy of land in India?
4. How are the Modal Tenancy Acts and their lacunas?
5. What are some policy recommendations and strategies for legal reforms aimed at
promoting equitable land tenure and fostering sustainable agricultural practices?

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XII. RESEARCH METHODOLOGY

For the purpose of this research paper, the researcher has relied on doctrinal methods of
research. All the sources used and relied upon by this project are secondary in nature. Sources
such as books, articles, journals, blogs and other relevant materials which will contribute the
researcher for the research have been explored. No empirical research, in any manner has
been done for the research. The present research methodology places emphasis on conducting
a thorough examination and evaluation of existent legal literature, theoretical frameworks,
and established precedents in order to provide guidance and validation for the research goals.
Utilizing doctrinal research methodologies, the study seeks to provide significant insights and
viewpoints in the selected field of study, guaranteeing a thorough and academic investigation
of the subject matter.

XIII. SCOPE AND LIMITATION

This research focuses at land tenancy concerns related to agriculture, with a particular
emphasis on legal difficulties within a given jurisdiction, land access, rent regulation, and
tenure instability. It examines the socioeconomic effects on rural development and makes
recommendations for legislative changes and public policy. Notwithstanding, limitations can
emerge from the accessibility of data, possible partiality in the viewpoints of stakeholders,
difficulties in executing changes, and contextual variances that could influence the relevance
of conclusions and suggestions.

XIV. RATIONALE OF STUDY

Disputes over agricultural land tenancy have a big impact on rural development, farm
production, and farmers' livelihoods. Promoting fair land tenure arrangements and
encouraging sustainable farming practices require an understanding of and response to these
conflicts. This study intends to inform policy interventions and legislative reforms that can
alleviate conflicts, promote rural prosperity, and support broader development objectives by
looking at the causes that lead to disputes and evaluating their socio-economic implications.

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XV. REVIEW OF LITERATURE

1. P. K. Sarkar, Law of Acquisition of Land in India, Including Requisition & Acquisition

of Immovable Property, Eastern Law House, 2012: A distinguished publication
addressing land acquisition comprehensively covers all aspects of the subject, including
inquiries, objections, declaration of intended acquisition, notices to interested parties,
taking possession, court references, compensation apportionment and payment, temporary
land occupation, acquisition for corporate entities, acquisition procedures, public purpose,
requisition, solatium, and expedited acquisition. Through updated case studies, the
discussion serves the urgent requirements of legal practitioners, judges, and individuals
interested in the topic.
2. Jairam Ramesh and Muhammad Khan, Legislating for Justice: Making of 2013 Land
Acquisition Law, 2015: This book provides invaluable insights into the transformation of
land acquisition laws in India from 2012 to 2014. It delves into the motivations and
reasoning behind each provision, as explained by the Minister and his Principal Aide who
were instrumental in drafting the law. By offering a firsthand account of the challenges
and considerations involved, the book offers a unique perspective that aids in
understanding the complex landscape of land ownership in India. It serves as a valuable
resource for researchers, providing a comprehensive understanding of the evolving legal
framework governing land acquisition.
3. M.L. Upadhyaya, Law, Poverty and Development, Taxmann Allied Publishers Pvt. Ltd,
2000: This textbook provides a comprehensive exploration of the intersection between
law, poverty, and development, drawing from the author's lectures at the University of
Mumbai. It contrasts ancient Indian land systems with those imposed by British colonial
rulers, highlighting the challenges in abolishing intermediary tenures amidst constitutional
protections for property rights. The text examines the evolution of agrarian reforms,
analyzing legislative amendments, case law, and the impact on rural socio-economic
dynamics. By offering a nuanced perspective on the journey of agrarian reform and its
implications for poverty alleviation and rural development, the book serves as a valuable
resource for researchers navigating these complex issues.

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XVI. TENANCY REFORMS IN INDIA

Agricultural productivity hinges on a combination of technological advancements and

institutional changes. Technological factors encompass a range of inputs and methods such as
improved seeds, fertilizers, machinery like ploughs and tractors, and irrigation systems.
These advancements can significantly enhance productivity even in the absence of land
reforms. Conversely, institutional reforms revolve around restructuring land ownership to
benefit cultivating classes, ensuring their participation in rural life, and providing security of
tenure. These reforms may include redistributing land ownership, improving farm sizes, and
regulating rent to create a conducive environment for agricultural growth. 1 Historically, two
schools of thought emerged regarding the drivers of agricultural productivity. The socialist
school attributed rural backwardness to feudal or semi-feudal relations, advocating for
institutional reforms. Conversely, another school believed that technological advancements
alone could drive agricultural development. 2 However, contemporary perspectives
acknowledge the complementary nature of land reforms and technological advancements in
fostering agricultural progress. Both are seen as crucial components of agricultural
development.

The purpose of land reforms, including tenancy reforms, is dual-pronged. Firstly, it aims to
optimize land utilization by rationalizing land holdings, imposing ceilings and floors on land
ownership, and minimizing waste of labor and capital. Simultaneously, land reforms aim to
redistribute land ownership to less privileged classes, improving terms and conditions for
land cultivation to end exploitation.3 The scope of land reforms encompasses various aspects,
including the abolition of intermediaries, regulation of rents, and ensuring security of tenure
for tenants. Additionally, it focuses on land ceiling regulations, agrarian reorganization
through consolidation of land holdings, and prevention of sub-division and fragmentation.
Moreover, the organization of cooperative farms is also within the purview of land reforms.
At independence, India had three types of proprietary land tenures, each with its own terms
and conditions. Overall, land reforms aim to create a fairer and more efficient agricultural
system by addressing both social justice concerns and optimizing land utilization.

1
P.K. Sarkar, law of acquisition of land in India, including requisition & acquisition of immovable property,
eastern law house, 2012.
2
Id.
3
(1850). Practical tenancy of land, the law magazine: or quarterly review of jurisprudence, 12(1), 44-59.

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ZAMINDARI, RYOTWARI AND MAHALWARI SYSTEM

Aspect Zamindari System Ryotwari System Mahalwari System

Introduction Introduced by Lord Originated in 1792 in Introduced by William

Cornwallis in 1793 in Madras by Caption Read Bentinck in Agra and
West Bengal, later and Thomas Menro, Oudh, later extended to
adopted in other states. extended to other states. Madhya Pradesh and
Punjab.

Land Land held by landlords Cultivators directly Village communities

Ownership who were responsible responsible for paying collectively held
for paying land revenue land revenue to the village lands and were
to the government. government. responsible for land
revenue payment.

Intermediary Intermediary landlord No intermediary between No intermediary

between the state and the cultivator and the between the village
cultivator. state. communities and the
state.

Tenant Rights Tenants rented land Cultivators had full rights Villagers collectively
from landlords, subject over land use and managed land, ensuring
to exploitation and transfer, couldn't be equal responsibility and
exorbitant rents. evicted if land revenue ownership.
paid.

Revenue Land revenue may be Settlement of land Joint responsibility of

Settlement fixed permanently or revenue done village communities to
revised periodically, periodically, every 20, pay land revenue,
depending on the 30, or 40 years. settlement periodic.
settlement.

Extent of Covered about 57% of Implemented in various Implemented in Agra,

Coverage the country's land area. states, mainly in the Oudh, Madhya
southern regions. Pradesh, and Punjab
regions.

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TENANCY REFORMS

The land reforms in India were all about fixing problems with how land was owned and used.
Before independence, there were issues like insecure rights to land and landlords charging
high rents. The goal was to make things fairer, giving security to those who farmed the land
and improving agriculture.4 Tenancy farming was common, where people rented land from
landlords. There were three main types of tenants.

1. Occupancy tenants had permanent rights to the land that could be passed down to their
heirs. They felt secure about staying on the land and could ask for compensation from the
landlord if they made any improvements.
2. Tenants at will didn’t have secure rights to the land and could be kicked out by the
landlord whenever they wanted. They didn't feel safe about staying on the land and often
had to pay very high rents.
3. Sub-tenants were chosen by occupancy tenants. These tenants had permanent,
inheritable rights and could receive compensation for any land improvements. They felt
secure on the land, almost like owners. However, unlike peasant proprietors who paid
land revenue to the state, they paid rent to the landlord. 5 Tenants at will and sub-tenants
were vulnerable to exploitation, facing high rents, frequent evictions, and unfair
treatment. This exploitation was rampant in a land-scarce country like India, where
demand exceeded supply. Often, tenants had to give up a significant portion of their
produce as rent, perpetuating their vulnerability and poverty.

Tenancy cultivation faces three main issues: insecurity of tenure, high rents, and lack of
incentives for cultivators. 6Around 90% of agricultural land was under tenancy in 1953-54.
While efforts were made to address these issues, hidden tenancy, comprising 35-40% of
cultivated land, persists. This informal arrangement allows landlords to exploit tenants for
higher rents, undermining land reform efforts and perpetuating feudal land system

4
Supra note 1.
5
N.K. Acharya, commentary on the right to fair compensation and transparency in land acquisition,
rehabilitation and resettlement act,2013, asia law house, 2014.
6
P. S. Appu. (1975). Tenancy reform in india. Economic and political weekly, 10(33/35), 1339–1375.
Http://www.jstor.org/stable/4537334

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AFTER EFFECT OF REFORMS

1. After the Zamindari Abolition Acts, the focus shifted to regulating tenancy, which was
prevalent and often exploitative. Before independence, tenants faced exorbitant rents,
ranging from 35% to 75% of the gross produce across India. To address these issues,
tenancy reforms were introduced, aiming to regulate rent, provide security of tenure, and
confer ownership to tenants.
2. Legislation enacted in the early 1950s aimed to regulate rents, setting fair rates at 20% to
25% of the gross produce in most states, except for Punjab, Haryana, Jammu and
Kashmir, Tamil Nadu, and some parts of Andhra Pradesh. These reforms sought to either
outlaw tenancy or regulate rents to provide tenants with some security.
3. In West Bengal and Kerala, radical agrarian restructuring occurred, granting land rights
to tenants. This restructuring aimed to empower tenants and reduce exploitation by
landlords.
4. However, implementation of these reforms faced challenges in many states. Despite
emphasis in plan documents, some states struggled to pass legislation granting
ownership rights to tenants effectively. This lack of implementation hindered the
intended benefits of the reforms.
5. Across India, approaches to tenancy reform varied. Some states completely abolished
tenancy, while others provided clear rights to recognized tenants and sharecroppers.
These differences in approach reflected varying socio-economic and political contexts.
6. While the reforms succeeded in reducing the areas under tenancy, they often fell short of
ensuring a significant percentage of tenants acquired ownership rights. This gap between
the intended outcomes and actual results highlighted the complexities and challenges of
implementing tenancy reforms effectively.

CEILINGS ON LANDHOLDINGS

The Land Ceiling Acts constituted the third major category of land reform laws, aiming to
restrict the size of landholdings held by individual farmers or farm households. 7 These acts
legally set the maximum limit beyond which no farmer could own land, with the goal of
preventing the concentration of land in the hands of a few.

7
Supra note 5.

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Year Development

1942 The Kumarappan Committee recommends a maximum landholding size of three

times the economic holding necessary for a family.
1961-62 All state governments pass their own Land Ceiling Acts, with varying limits on
maximum landholdings.
1971 A new land ceiling policy is formulated to achieve uniformity across states.
1972 National guidelines are issued, establishing ceiling limits based on land
productivity and type.
Ceilings range from 10-18 acres for the best land to 27-54 acres for less
productive land, with slightly higher limits in certain areas.
The goal is to identify surplus land exceeding the ceiling limit and redistribute it
to landless families, particularly SCs and STs.
Present Despite the intentions behind the land ceiling policy, its effective implementation
faces significant challenges in the present day. Many landowners employ
loopholes and strategies to circumvent the regulations, allowing them to retain
control over surplus land. This exploitation of loopholes undermines the
redistribution efforts envisioned by the policy, perpetuating land ownership
disparities and hindering socio-economic progress, especially for marginalized
communities.

XVII. LAWS GOVERNING TENANCY IN INDIA

The legal framework surrounding tenancy rights in India comprises various laws that aim to
protect tenants from arbitrary eviction and ensure fair treatment. Here's an overview of some
key provisions:

THE INDIAN CONTRACT ACT OF 1872

This Act serves as the foundation for tenancy agreements in India and protects tenants from
arbitrary or unfair eviction. Key provisions include:

 Section 106: Specifies that a lease agreement can only be terminated after the
expiration of the notice period issued to the tenant or the landlord. This ensures that
both parties have sufficient time to make necessary arrangements.

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 Essential terms in writing: The Act emphasizes the importance of certain essential
parts of the tenancy agreement being documented in writing. This includes details such
as the duration of the lease, rent amount, and obligations of both parties. Having these
terms in writing helps to avoid misunderstandings and protects the rights of the tenant.

THE TRANSFER OF PROPERTY ACT, 1882

 Compensation for violations: Tenants are entitled to compensation if property owners

breach rental regulations. For instance, if a landlord fails to maintain the rented
property in a habitable condition, the tenant may demand a reduction in rent or
compensation for any expenses incurred due to the landlord's negligence.
 Sub-leasing guidelines: The Act lays down rules and guidelines for sub-leasing of
properties by tenants to third parties. While tenants have the right to sub-lease the
property under certain conditions, such as obtaining consent from the landlord and
adhering to the terms of the original lease, they also have the responsibility to ensure
that the sub-lease arrangement is fair and legal.

THE SPECIFIC RELIEF ACT, 1963

 Protection Against Unlawful Possession: The Specific Relief Act of 1963 provides
tenants with legal recourse against the unlawful possession of properties by their
landlords. Section 6(1)(b) of the Act specifically states that if a person has been
wrongfully dispossessed of immovable property, they have the right to file a suit in the
appropriate court to recover possession. This provision empowers tenants to reclaim
possession of their rented premises if they have been unlawfully evicted by their
landlords, even if they do not have any other claims for compensation or damages.

THE RENT CONTROL ACT:

 Regulation of Rent: The Rent Control Act of each state in India plays a crucial role in
regulating the rent charged by landlords to tenants. These Acts aim to prevent
exploitation of tenants by landlords through exorbitant rent increases. They typically
prescribe maximum limits on the rent that landlords can charge for residential or
commercial properties, depending on various factors such as location, size, amenities,
and prevailing market conditions.

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 Protection Against Arbitrary Rent Increases: Rent Control Acts also protect tenants
against arbitrary rent hikes by landlords. Landlords are usually required to provide
valid reasons and obtain approval from the appropriate authority before increasing the
rent beyond the permissible limits prescribed by the Rent Control Act. This helps to
ensure that tenants are not subjected to unjustified rent escalations, thus promoting
housing affordability and stability.
 Grievance Redressal Mechanisms: Additionally, Rent Control Acts provide
mechanisms for tenants to file grievances with their landlords or the relevant
authorities in situations where a landlord has failed to comply with the provisions of
the law. Tenants can seek redressal for issues such as illegal eviction, inadequate
maintenance of the rented premises, or any other violations of their rights as prescribed
by the Rent Control Act. These grievance redressal mechanisms help to safeguard the
interests of tenants and ensure that landlords adhere to the legal obligations outlined in
the Rent Control Act.

XVIII. JUDICIAL PERSPECTIVE

CASE LAWS

Kisan Punjaji vs Yashodabai Mahadeo (1968)8 Kisan, the petitioner, claims to be a tenant of
a certain piece of land, but all the Revenue Courts have ruled against him, stating that he is
not a tenant. The dispute arises from the fact that Kisan's predecessor leased the land from its
owner, but the lease expired in 1950. Kisan argues that he continued to possess the land
lawfully after the lease ended, either with the landlord's consent or by holding over. However,
the courts found no evidence of such consent or renewal of the lease. Kisan's lawyer argued
that even if Kisan wasn't directly granted a lease after the original one expired, his continued
possession should grant him rights as a tenant under certain laws. However, the courts
disagreed, stating that Kisan's possession wasn't lawful in a way that would grant him tenant
rights. They concluded that Kisan couldn't be considered a tenant, and thus, his petition was
dismissed.

Vasant Ganpat Padave v. Anant Mahadev Sawant (2018) 9 The judgment revolves around
the interpretation of Section 32-F of the Maharashtra Tenancy and Agricultural Lands Act,
8
Kisan Punjaji vs Yashodabai Mahadeo, (1968)70BOMLR765.
9
Vasant Ganpat Padave v. Anant Mahadev Sawant, CIVIL APPEAL NO.11774 OF 2018.

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1948, particularly concerning the rights of tenants to purchase land from landlords who are
widows or suffering from disabilities. The Division Bench emphasized the importance of
considering the legislative intent behind the 1969 amendment to Section 32-F, suggesting a
broader interpretation to ensure tenants' rights are not unfairly curtailed. The key issues
include whether the legislative intent applies to tenants of landlords who were widows or
suffering from disabilities and whether successors-in-interest of widows are obligated to
notify tenants of changes in the landlord's status. Shri Aniruddha Joshi argued for a broader
interpretation, considering the tenant's knowledge, while Shri Ajit S. Bhasme advocated for a
literal interpretation, recognizing different classes of landlords for protection. Overall, the
judgment highlights the need for a balanced interpretation of the law to avoid absurd
outcomes and uphold the rights of cultivating tenants.

State of Kerala v. Mathew K. Jacob (2019) 10 This case addressed the issue of tenancy rights
in the context of land reforms in Kerala. The Supreme Court upheld the validity of the Kerala
Land Reforms (Amendment) Act, which sought to regulate the transfer of land and protect
the rights of tenants. The judgment reaffirmed the state’s authority to enact laws for agrarian
reform and promote social justice in land distribution.

Indore Development Authority v. Manoharlal (2023)11 This case dealt with the acquisition
of agricultural land for urban development projects in Madhya Pradesh. The High Court ruled
that the acquisition of agricultural land for non-agricultural purposes must be justified by a
genuine public purpose and comply with legal procedures, including compensation and
rehabilitation of affected persons. The judgment emphasized the need for transparency and
accountability in land acquisition processes to protect the rights of landowners and tenants.

Olga Tellis v. Bombay Municipal Corporation (1985)12 In this case, the Supreme Court
upheld the right to livelihood as a fundamental right under Article 21 of the Constitution. The
judgment prevented the eviction of pavement dwellers without providing alternative housing,
emphasizing the state's obligation to protect the socio-economic rights of vulnerable
populations.

Zamindar of Ettayapuram v. Subramanian Chettiar (1914) 13 In this landmark case, the

Privy Council held that a permanent lease granted by a zamindar (landlord) to a tenant

10
State of Kerala v. Mathew K. Jacob, 2019 SCC Online SC 1673.
11
Indore Development Authority v. Manoharlal, CIVIL APPEAL NOS.09-011 OF 2023.
12
Olga Tellis v. Bombay Municipal Corporation, 1985 SCC (3) 545.
13
Zamindar of Ettayapuram v. Subramanian Chettiar, 1954 SCR 761.

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conferred hereditary rights on the tenant, even if the lease was silent on the issue. This
judgment significantly influenced the development of landlord-tenant laws in India.

JUDICIAL PERSPECTIVES

The judicial perspective on land tenancy in the contemporary world reflects a dynamic
interplay between legal principles, socio-economic realities, and global challenges. Courts
serve as arbiters of justice, ensuring that land tenure systems promote equity, sustainability,
and human rights in a rapidly changing global landscape.

1. Globalization and Land Rights: With increasing globalization and commercialization of

land, courts grapple with complex issues related to land acquisitions, foreign investments,
and land grabbing. Judicial decisions seek to balance the interests of local communities,
indigenous peoples, and multinational corporations, ensuring that land rights are protected
while promoting sustainable development and economic growth.
2. Climate Change and Land Use: In the face of climate change, courts play a critical role
in addressing land use practices that contribute to environmental degradation,
deforestation, and loss of biodiversity. Judges may issue rulings to regulate land use,
protect fragile ecosystems, and mitigate the impacts of climate change on agricultural
land, water resources, and vulnerable communities.
3. Urbanization and Housing Rights: Rapid urbanization poses challenges related to
housing rights, land tenure security, and eviction of informal settlements. Courts
adjudicate disputes over land ownership, slum redevelopment, and urban planning,
ensuring that marginalized urban populations have access to adequate housing, basic
services, and tenure security.
4. Technology and Land Governance: Advancements in technology, such as geographic
information systems (GIS), blockchain, and satellite imagery, are transforming land
governance and property rights management. 14 Courts may incorporate technology-based
evidence in land disputes, verify land titles, and improve transparency and accountability
in land transactions and cadastral systems.
5. Indigenous Land Rights and Environmental Justice: Judicial perspectives on land
tenancy intersect with indigenous land rights struggles and environmental justice
movements. Courts recognize the collective land rights of indigenous peoples, uphold
their customary land tenure systems, and protect their lands from encroachments,

14
Supra note 9.

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extractive industries, and infrastructure projects that threaten their livelihoods and cultural
heritage.
6. Legal Innovation and Land Reform: In response to persistent land inequalities and
agrarian challenges, courts innovate legal remedies and advocate for progressive land
reform measures. Judicial decisions may compel governments to enact land redistribution
policies, strengthen tenant protections, and address historical injustices in land ownership
and access.
7. International Law and Land Governance: Judicial perspectives on land tenancy are
influenced by international human rights standards, environmental treaties, and customary
international law.15 Courts may interpret and apply international legal norms to protect
land rights, uphold indigenous peoples’ rights, and hold states accountable for violations
of land-related rights and obligations.

XIX. DOCTRINE OF ADVERSE POSSESSION AND IT’S IMPACT ON

AGRICULTURAL LAND

The doctrine of adverse possession is a legal principle that allows a person to claim
ownership of land they do not legally own, typically by occupying and using the land openly,
continuously, and without the permission of the true owner for a specified period of time.

Element Description
Actual Possession Physically occupying and using the land as if the adverse possessor
were the rightful owner.
Open and Notorious The possession must be visible and obvious to anyone who might
Possession have an interest in the land.
Continuous The adverse possessor must occupy the land continuously for the
Possession required statutory period without interruption.
Hostile Possession The possession must be against the interests of the true owner,
asserting ownership rights inconsistent with theirs.
Exclusive Possession The adverse possessor must possess the land to the exclusion of the
true owner and others, exercising control over it.

15
Supra note 4.

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XX. MODEL TENANCY LAWS

MODEL TENANCY ACT, 2019 BY UNION GOVERNMENT

The Model Tenancy Act (MTA) introduces significant changes in the landlord-tenant
relationship, aiming to create a more structured and transparent rental housing market. 16
Here's a summary of its key provisions and implications:

1. Tenancy Agreement Requirement: The MTA mandates both landlords and tenants to
enter into a formal tenancy agreement and inform the Rent Authority within a specified
timeframe. Failure to comply may result in separate notifications.
2. Rent Regulation: The Act allows landlords and tenants to mutually agree on rent terms,
but landlords cannot revise rent without the tenant's approval. It also limits the security
deposit to a maximum of two months' rent for residential premises and six months' rent
for non-residential premises.
3. Rights and Duties: Both landlords and tenants have rights and duties outlined by the Act,
including obligations related to maintenance, payment of rent, and premises inspection.
4. Eviction Grounds: Landlords can file for eviction based on specific grounds, such as
non-payment of rent, unauthorized possession, property misuse, or structural changes
without permission.
5. Dispute Resolution: The Act establishes a three-tier dispute resolution mechanism
consisting of Rent Authority, Rent Courts, and Rent Tribunals to address tenancy-related
disputes efficiently.
6. Role of Property Managers: The Act defines the roles and responsibilities of property
managers and holds them accountable for managing rental properties.

MODEL TENANCY ACT 2016 BY NITI AYOG

Recognizing the need for reform, the NITI Aayog has set up an Expert Committee to review
existing agricultural tenancy laws and propose amendments to legalize and liberalize land
leasing. The objective is to enhance agricultural efficiency, equity, occupational
diversification, and rural transformation.17 The case for legalization and liberalization of land
leasing is supported by evidence suggesting that it promotes agricultural efficiency by
16
Tenancy in Agriculture. (1937). Monthly labor review, 44(5), 1177–1181.
Http://www.jstor.org/stable/41815135.
17
Final Report of the expert committee and model law on agricultural land leasing, niti aayog, government of
india, new delhi, 2016.

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providing security of land ownership and access to credit and support services for tenants. It
also enhances equity by benefiting landless and marginal farmers and facilitates occupational
diversification and rural transformation by encouraging investment in non-farm enterprises.
The proposed Model Agricultural Land Leasing Act aims to legalize land leasing in all
areas, ensure security of land ownership rights for landowners, and facilitate mutual
determination of lease terms between landowners and tenants. It also seeks to incentivize
investment in land improvement by tenants and provide access to credit and insurance.
Overall, legalizing and liberalizing land leasing is seen as essential for promoting agricultural
efficiency, equity, and rural development in India.

XXI. REGULATORY REFORMS AND POLICY RECOMMENDATIONS

COMPREHENSIVE LAND TENURE REFORM

Initiate a comprehensive review and reform of existing land tenure laws to ensure clarity,
consistency, and fairness in land ownership, leasing, and transfer processes. This reform
should prioritize equitable distribution of land, protection of land rights for smallholder
farmers and marginalized communities, and gender-sensitive land policies.

SECURE TENURE FOR TENANT FARMERS

Introduce legal mechanisms to provide secure tenure for tenant farmers, sharecroppers, and
agricultural laborers. This could include formalization of tenancy agreements, issuance of
written leases, and protection against arbitrary eviction, ensuring stability and investment
incentives for tenant farmers.

DIGITIZATION OF LAND RECORDS

Accelerate the digitization of land records and cadastral mapping processes to improve
transparency, efficiency, and accessibility of land information. This could involve investment
in technology infrastructure, capacity building for land administration agencies, and public
dissemination of land data.18

18
Santos, G. S. (1962). Agricultural tenancy reforms; an appraisal of major policies and their implementation.
Philippine law journal, 37, 377-403.

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COMMUNITY LAND GOVERNANCE

Promote community-based land governance models that empower local communities,

indigenous peoples, and traditional authorities to manage and govern their land resources
sustainably. This could involve recognizing customary land tenure systems, devolving
decision-making powers, and supporting community land management initiatives.19

XXII. CONCLUSION

The issue of tenancy reforms in India is multifaceted, with implications for agricultural
efficiency, equity, and rural development. Laws governing tenancy vary across states, from
outright prohibition to conditional leasing based on specific criteria. However, restrictive
tenancy laws have led to informal leasing arrangements, insecurity for tenants, and
inefficiency in land use. Judicial perspectives on tenancy highlight the complexities of land
ownership and leasing, often requiring courts to balance the rights of landowners and tenants.
The doctrine of adverse possession further complicates matters, impacting agricultural land
use and tenure security. To address these challenges, model tenancy laws have been proposed
to legalize and liberalize land leasing, promoting agricultural efficiency and equity.
Regulatory reforms and policy recommendations aim to facilitate mutual determination of
lease terms, incentivize investment in land improvement, and provide access to credit and
insurance for tenants. Tenancy reforms are crucial for enhancing agricultural productivity,
empowering small and marginal farmers, and facilitating rural transformation. By
implementing model tenancy laws and enacting regulatory reforms, India can unlock the
potential of its agricultural sector and promote inclusive growth and development.

19
Nepomuceno, Ricardo G. Jr. (1955). Tenancy act to tenancy relations in public agricultural lands. Ateneo law
journal, 5(1), 41-55.

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XXIII. BIBLIOGRAPHY

I. PRINTED SOURCES
A. BOOKS
 P. K. SARKAR, LAW OF ACQUISITION OF LAND IN INDIA, INCLUDING
REQUISITION & ACQUISITION OF IMMOVABLE PROPERTY, EASTERN LAW
HOUSE, 2012.
 OM PRAKASH AGGARWALA, (2008), COMMENTARY ON LAND ACQUISITION
ACT, UNIVERSAL LAW PUBLISHING CO. P. LTD, NEW DELHI.
 MANOJ KUMAR SRIVASTAVA , AGRICULTURAL LABOUR AND THE LAW: SOCIO-
ECONOMIC PROBLEMS AND LEGAL PROTECTION: (DEEP & DEEP PUBLICATIONS,
1993).
 U. P. DEVPUJARI’S, LAND ACQUISITION LAWS IN MAHARASHTRA WITH RIGHT
TO FAIR COMPENSATION & TRANSPARENCY IN LAND ACQUISITION ,
REHABILITATION AND RESETTLEMENTS ACT, 2013, NAGPUR LAW HOUSE.
 M.L. UPADHYAYA , LAW, POVERTY AND DEVELOPMENT, TAXMANN ALLIED
PUBLISHERS PVT. LTD, 2000.
 N.K. ACHARYA, COMMENTARY ON THE RIGHT TO FAIR COMPENSATION AND

TRANSPARENCY IN LAND ACQUISITION , REHABILITATION AND RESETTLEMENT

ACT,2013, ASIA LAW HOUSE, 2014.
B. REPORTS
 TENTH REPORT OF LAW COMMISSION OF INDIA, “LAW OF ACQUISITION AND

REQUISITIONING LAND”, 1958.

 FINAL REPORT OF THE EXPERT COMMITTEE AND MODEL LAW ON AGRICULTURAL

LAND LEASING, NITI AAYOG, GOVERNMENT OF INDIA, NEW DELHI, 2016.

C. ARTICLES
 BARDHAN, P. K. (1979). A GRICULTURAL DEVELOPMENT AND LAND TENANCY
IN A PEASANT ECONOMY: A THEORETICAL AND EMPIRICAL ANALYSIS.
AMERICAN JOURNAL OF AGRICULTURAL ECONOMICS, 61(1), 48–57.
HTTPS ://DOI.ORG/10.2307/1239499.

 DATTA, S. K., & NUGENT, J. B. (1985). AGRICULTURAL DEVELOPMENT AND LAND

TENANCY IN A PEASANT ECONOMY: COMMENT. AMERICAN JOURNAL OF

AGRICULTURAL ECONOMICS, 67(3), 688–690. HTTPS://DOI.ORG/10.2307/1241098.

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 (1850). PRACTICAL TENANCY OF LAND, THE LAW MAGAZINE: OR QUARTERLY

REVIEW OF JURISPRUDENCE, 12(1), 44-59.
 NEPOMUCENO, RICARDO G. JR. (1955). TENANCY ACT TO TENANCY RELATIONS IN

PUBLIC AGRICULTURAL LANDS. ATENEO LAW JOURNAL, 5(1), 41-55.

 TENANCY IN AGRICULTURE. (1937). MONTHLY LABOR REVIEW, 44(5), 1177–
1181. HTTP://WWW.JSTOR.ORG/STABLE/41815135
 SANTOS, G. S. (1962). AGRICULTURAL TENANCY REFORMS; AN APPRAISAL OF

MAJOR POLICIES AND THEIR IMPLEMENTATION. PHILIPPINE LAW JOURNAL, 37, 377-
403.
D. JOURNALS
 HANSTAD, T., HAQUE, T., & NIELSEN, R. (2008). IMPROVING LAND ACCESS FOR

INDIA’S RURAL POOR. ECONOMIC AND POLITICAL WEEKLY, 43(10), 49–56.

HTTP://WWW.JSTOR.ORG/STABLE/40277230.

 (1955). AGRICULTURAL TENANCY ACT. ATENEO LAW JOURNAL, 4(3), 285-308.

 BOSTON, T. D. (1982). CAPITALIST DEVELOPMENT AND AFROAMERICAN LAND
TENANCY. SCIENCE & SOCIETY, 46(4), 445–460.
HTTP://WWW.JSTOR.ORG/STABLE/40402541.

 P. S. APPU. (1975). TENANCY REFORM IN INDIA. ECONOMIC AND POLITICAL

WEEKLY, 10(33/35), 1339–1375. HTTP://WWW.JSTOR.ORG/STABLE/4537334
II. ONLINE SOURCES
 WWW .LEXISNEXIS .COM

 WWW .LIIOFINDIA .ORG.

 WWW .MANUPATRAFAST .IN

 WWW .SCCONLINE .COM

 WWW .SUPREMECOURTOFINDIA .NIC .IN

 WWW .WESTLAWINDIA .COM

 www.jstor.com
 WWW .HEINONLINE .ORG

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