Section 41:
Right to written lease and procedure to obtain it.
(1) The tenant of holding shall be entitled
to receive, from his landholder, a written lease, consistent with the provisions of this Act, drawn up in the
prescribed form.
(2) If the lease is not issued to the tenant, or it does not contain the particulars required to be stated
therein, or contains particulars which the tenant does not accept as correct, he may make an application to
the tahsildar and claim the lease in the proper form.
(3) Along with his application the tenant shall file three copies of the draft lease in the prescribed
form, stating therein all the particulars in accordance with the terms settled between him and his
landholder, and shall verify each copy as a plaint.
(4) The tahsildar shall, on receipt of the application, issue notice accompanied by a copy of the lease
to the landholder to file objections, if any, within the period specified therein.
(5) If the landholder appears and admits the correctness of the lease, or, after due service of the
notice, does not appear, the tahsildar shall sign and date the lease, put his official seal on it and deliver it
to the tenant.
(6) If the landholder files an objection, the tahsildar shall decide it, and, if the tenant is entitled to a
lease, deliver the lease in the manner provided by sub-section (5).
(7) If the lease is delivered to the tenant under sub-section (5) or (6), a true copy thereof shall be
furnished to the landholder and a copy of such lease shall be placed on the record of the case.
(8) The tahsildar shall submit the record of the case for confirmation of the order passed by him
under sub-section (6) to the sub-divisional officer.
(9) A lease so delivered shall be deemed to be registered under the Indian Registration
Act, 1908 (XVI of 1908) and the terms thereof, in so far as they are consistent with the provisions of this
Act, shall be binding on the parties thereto.