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Section 6 – The Delhi Land Reforms Act, 1954

The Delhi Land Reforms Act, 1954

 

6. Asami. –

 

 Every person belonging to any of the following classes shall be an Asami and shall have all the rights and be subject to all the liabilities conferred or imposed upon an Asami by or under this Act, namely – 

 

(a) Every person who, in the agricultural year immediately before the commencement of this Act, occupied or held land—

 

(i) As a non- occupancy tenant of proprietor’s grove;

 

(ii) As a sub-tenant of tenant ‘s grove;

 

(iii) As a non-occupancy tenant of pasture land, or of land covered by water and used for the purpose of growing singhara and other produce or land in the bed of a river and used for casual or occasional cultivation;

 

(b) Every person who, in accordance with the provisions of [(Note: Substituted by Act 38 of 1965) section 36, or section 64A], becomes a lessee of land comprised in the tenure of a Bhumidhar referred to in that section;

 

(c) Every person who is admitted as a lessee of land referred to in sub-clause (iii) of clause (a) by the Gaon Sabha or a person authorised to do so under the provisions of this Act;

 

(d) Every person who is a tenant of Sir or a sub-tenant of an occupancy tenant under section 5 of the Punjab Tenancy Act, 1887, or of a Pattadar Dawami or Istamrari, with right of transfer by sale, who belongs to any of the categories of persons referred to in sub section (2) of section 10, and every person who is a sub-tenant of tenants referred to in clauses (a) , (b) and (c) of sub-section (1) of section 12 to whom the provision of sub-section (2) of section 10 applies; and

 

(e) Every person who acquires the rights of an Asami under any other provisions of this Act.

 

COMMENTS

 

Sections 6,11,13 and 154 of the Act read together, show that after the Act came into force, proprietors of agricultural land as such ceased to exit.

 

Then, (i) If any land was a part of a holding of a Proprietor, he became a Bhumidar of it. (ii) If it was part of holding of some other, such as a tenant or a sub-tenant etc. he became either a Bhumidhar or an Asami, whereupon the rights of the proprietor in that land ceased. (iii) Lands, which were not holding of either the proprietor or any other person vested in Gaon Sabha. (iv) In other case, were the proprietors under the definition were Sir or Khudkasht at the commencement of the Act, their rights were retained with respect to those lands. Thus, if it was not Sir or Khudkasht of a proprietor, it would not be his holding and, consequently this land would vest in Gaon Sabha under section 154 of the Act, Hatti v. Sunder Singh AIR 1971 SC 2320.

 

 

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The Delhi Land Reforms Act, 1954

 

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