Act 10 of 1859

The Bengal Rent Act, 1859

An Act to amend the law relating to the recovery of Rent in the Presidency of Fort Willian in Bengal.

  • Ministry of Home Affairs
  • Department of States
  • Enacted 1859-04-29
  • 168 sections
SectionTitle
1 Laws repealed and modified.Read
2 Ryot entitled to a pottah.Read
3 Ryots holding land at fixed rates to receive pottahs.Read
4 If rent of land be not changed for 20 years.Read
5 Ryots having right of occupancy but not holding at fixed rates, to receive pottahs.Read
6 Right of occupancy of ryot cultivating or holding land for 12 years.Read
7 Saving of terms of written contracts.Read
8 Pottahs to which ryots not having rights of occupancy are entitled.Read
9 Person granting pottah entitled to a counterpart engagement.Read
10 Exactions in excess of rent or receipt withheld.Read
11 Landholder not to compel the attendance of tenant for adjustment of rent or for any other purpose.Read
12 Damages for extorting payment of rent by duress.Read
13 Enhancement of rent of ryot holding without, or after expiry &c. of written engagement.Read
14 Mode of contesting enhancement of rent.Read
15 Dependent talookdar &c. holding land at fixed rent without change since permanent settlement not liable to enhancement of rent.Read
16 Rent of talookdar &c. not changed for twenty years to be prima facie evidence of occupancy at that rent since permanent settlement.Read
17 Grounds on which ryot having right of occupancy is liable to enhanced rent.Read
18 When ryot may claim abatement of rent.Read
19 Relinquishment of land by ryot after notice given.Read
20 What to be deemed an arear of rent under this Act.Read
21 Lialility of ryot to be ejected for arrear due.Read
22 Liability of farmer to have his lease cancelled for arrear adjudged due.Read
23 Cognizance of suits under this Act.Read
24 Suits by Zemindars against their agents for money or accounts.Read
25 Ejectment of cultivators, farmer, &c. by Zemindars.Read
26 Measurement of lands.Read
27 Registry of transfers of talooks, &c.Read
28 Applications to dispossess grantees of land exempt from revenue.Read
29 Suits by or against Surburakars or Tuhseeldars of estates held khas.Read
30 Time for commencement of suits generally.Read
31 Time for commencement of suits for grant of pottahs, &c.Read
32 Time for the commencement of suits for arrears of rent.Read
33 Time for the commencement of suits against agents for money, papers, or accounts.Read
34 Mode of instituting suits. Form of plaint or statement of claim.Read
35 Statement by whom to be presented.Read
36 Verification of statement.Read
37 Statement of claim to be written on stamped paper.Read
38 Documentary evidence to be produced by plaintiff.Read
39 If plaintiff require production of document from defendant.Read
40 Form of plaint in suits for arrears of rent.Read
41 Form of plaint in suits for ejectment of ryot &c., or for recovery of occupancy or possession of land, &c.Read
42 Statement may be returned or allowed to be amended.Read
43 Issue of summons; personal attendance of defendant may be required.Read
44 The day to be specified in the summons how to be fixed. Defendant to be ordered to produce necessary documents, and to bring witnesses willing to attend without process.Read
45 Summons how to be served.Read
46 Endorsement by Nazir if summons has been personally served or not.Read
47 Execution of process in another District.Read
48 Cost of serving summons or warrant to be deposited in Court.Read
49 Warrant of arrest in what cases to be issued.Read
50 Procedure after arrest of defendant.Read
51 Procedure when defendant is brought before the Collector under warrant.Read
52 Procedure if warrant of arrest cannot be served upon the defendant.Read
53 Compensation for arrest applied for without reasonable cause.Read
54 Consequence of neither party appearing on the day trail.Read
55 If defendant only appear to dispute the demand, Collector shall pass judgment by default; but if defendant admit the claim, Collector shall decree upon such admission. Proviso.Read
56 If plaintiff only appear, Collector may proceed ex parte.Read
57 If defendant appear on day to which the case is postponed, Collector may allow him to be heard in answer to the suitRead
58 Revival, reversal, and alteration of decrees ex parte or by default.Read
59 On appearance of parties the parties to be examined by the Collector and may cross examine each other.Read
60 Examination of parties, &c.Read
61 Witnesses to be examined.Read
62 Documentary evidence to be produced by defendant.Read
63 After examination, Collector may make his decree it no further evidence is required.Read
64 Consequence of inability of agent to answer.Read
65 If necessary, Collector to record issue and to fix a day for hearing further evidence.Read
66 Parties shall produce their witnesses on the day of trial; or Collector, on application of either party, shall issue summons for the affordance of witness.Read
67 Rules regarding attendance examination &c., of witness.Read
68 Consequence of parties not appearing on the day fixed for the trial of any issue.Read
69 Suits instituted or defended by Naibs, Gomastahs, &c.Read
70 Personal attendance of plaintiff or defendant not required in certain cases.Read
71 Employment of authorized agents or mookhtars.Read
72 Collector may grant time or adjourn hearing.Read
73 Collector may cause local enquiry to be made.Read
74 Defendant may pay money into Court in satisfaction of the demand.Read
75 No interest on deposits.Read
76 If on trial of suit for delivery of pottah, parties do not agree as to the time for which the pottah is granted, Collector to fix the time.Read
77 If in actions for rent a third person appear as claimant, he is to be made a party to the suit.Read
78 Suits for ejectment or cancelment of lease.Read
79 Judgment how to be pronounced.Read
80 If person required by the decree refuse to gant pottah, Collector may do so.Read
81 Refusal of person to execute kubooliyet as required by the decree.Read
82 Mode of executing decree for ejectment or re-instatement of ryot.Read
83 Mode of executing decree for cancelment of a lease or for ejectment or re-instatement of a farmer or tenantRead
84 In what case a judgment-debtor may be detained or imprisoned without issue of process of execution.Read
85 Liability of surety on failure to deliver judgment-debtor into custody.Read
86 Issue of process of execution.Read
87 Application for execution against moveable property.Read
88 How long warrant shall continue in force.Read
89 Second and successive warrants.Read
90 After one year execution not to issue without notice.Read
91 Execution not to issue against heir or representative of a deceased party without notice.Read
92 No process of execution to he issued three years after date of judgment.Read
93 Warrant against the person.Read
94 No person to be imprisoned a second time under same judgment.Read
95 Diet-money to be deposited at the time of issue of warrant.Read
96 Payment of diet-money in advance during imprisonment.Read
97 Diet-money to be costs in suit.Read
98 List of property to be prepared and proclamation of sale to be published, &c.Read
99 Custody and sale of moveable property taken in execution.Read
100 Collector may stay sale of moveable property seized if a third party claim any interest therein.Read
101 Collector to adjudicate such claims.Read
102 Claimant failing to establish his right liable to pay compensation to judgment creditor.Read
103 No appeal from order of Collector under the two last preceding Section.Read
104 Sale not vitiated by irregularity in publishing or conducting the same.Read
105 Sale of transferable tenures in execution of decrees for arrears of rent.Read
106 If third party claim to be the lawful possessor of such under-tenure, Collector to stay the sale and to enquire into and adjudicate upon the claimRead
107 Mode of adjudicating such claims.Read
108 Executing of decrees given in favor of shares in undivided estates or tenures.Read
109 In all cases of decrees for money, if judgment cannot be satisfied by sale of debtor’s moveable property, execution may be had against his immoveable propertyRead
110 Mode of executing process if immoveable property be a house or other building.Read
111 Consequence of objection being offered before the sale of any immoveable property.Read
112 Produce of the land to be held hypothecated for the rent.Read
113 No distraint in certain cases.Read
114 Power of distraint to be exercised by managers under the Court of Wards, &c.Read
115 Standing crops and crops gathered but not stored liable to distraint.Read
116 Defaulter to be served with a written demand &c., before or at the time of distraint.Read
117 Distress to be proportionate to the arrear if not paid or tendered.Read
118 Standing crops &c., when attached, to be reaped and stored by the cultivator, or, if he neglect to do so, by the distrainerRead
119 Distrainer may apply for aid to the Collector upon occasion of resistance made or apprehend.Read
120 Persons empowered to distrain may give written authority to their servants to do so.Read
121 Distress to be withdrawn if defaulter tender payment of arrear and expenses of attachment prior to the day of saleRead
122 Application for sale.Read
123 Form of application.Read
124 Procedure by Civil Court Ameen &c. on receipt of application.Read
125 Ameea to suspend sale on receipt of Collector's certificate of the institution of a suit.Read
126 Suit to contest distrainer's demand before issue of notice of sale.Read
127 Distress to be withdrawn on receipt of Collector's certificate that the owner has executed a bond with security to pay amount of decree with interest and costs.Read
128 . On expiration of period fixed in the proclamation of sale, if institution of suit to contest distrainer’s demand have not been certified, sale may be proceeded with.Read
129 Place and manner of sale of distrained property.Read
130 If fair price he not offered, sale may be postponed to another day, and shall be then completed at whatever price may be offered.Read
131 Payment of purchase money.Read
132 Proceeds of sale.Read
133 Officers holding sales prohibited from purchasing.Read
134 All irregularities to be reported to the Collector.Read
135 Recovery of expenses if Ameen proceeds to place of sale and no sale takes place.Read
136 Proceedings of Civil Court Ameens &c. subject to revision and orders of Collectors.Read
137 Second proclamation of sale.Read
138 Procedure after institution of suit to contest distrainer's demand.Read
139 Any person, whose property has been distrained for arrear of rent alleged to be due from another, may institute a suit against the distrainer, &c.Read
140 Procedure if distrainer's right to distrain be disputed.Read
141 Persons prevented from suing in time to save their property from sale, may sue for damages.Read
142 Also persons aggrieved by any illegal act of distrainer.Read
143 Unlawful distraint.Read
144 Time for commencing suits for damages.Read
145 Resistance of distraint.Read
146 Service of process.Read
147 Resistance of process.Read
148 Collector competent to hold a Court in any part of his jurisdiction.Read
149 Agents or mookhtars.Read
150 Powers of Deputy Collectors.Read
151 Collectors and Deputy Collectors to be subject to direction and control of the Commissioners and the Boards of Revenue.Read
152 Time for presenting appeals from others.Read
153 No appeal from any decree of Collector for money below 100 Rupees unless the decision involve some question of right to enhance rents or some question relating to a title to land.Read
154 In suits not open to appeal, Collector may grant a re-hearing upon the discovery of new evidence, &c.Read
155 Appeal from decision of Deputy Collector.Read
156 Petition of appeal to be on stamp paper, &c.Read
157 Procedure in appeal.Read
158 Re-admission of appeal.Read
159 Judgment in appeal.Read
160 In what suits appeal to lie to Zillah Judge and in what to Sudden Court.Read
161 Rules regarding presentation and hearing of appeals.Read
162 Suits to be preferred in the Revenue Office of the District or Sub-division in which the greater part of the lands is situateRead
163 Except as above, Collector not to exercise jurisdiction in respect to land situate beyond his DistrictRead
164 Deputy Collector entrusted with Police functions, not to exercise judicial powers under this Act.Read
165 What powers to be exercised by Assistants to Collectors.Read
166 Saving of rights of proprietors in respect of Putnee Talooks &c. under Regulation VIII. 1819.Read
167 Commencement of Act.Read
168 Interpretation.Read
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