Bare ActsThe Assam (Temporarily Settled Districts) Tenancy Act, 1935

Section 122

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(1) Where an app lication is made u nder s Ale when section 121 or where such application is made and dis -'o become allowed, the Court shall make an order confirming the a b so lu ,c . o r sale and thereupon the sale shall become absolute. 'j' ” l ^.’’urn of putchase money in certain cases* (2) Where such application is made and allowed, and where in the case of an application under sub­ section ll) of section 121, the deposit required by that sub-seetion is made within ihirty days from the d ate of sale, the Court shall make an order setting aside the sale : Provided that no order shall be made unless notice of the application with a copy thereof has been given to all persons affected thereby. (3) Where a sale is set aside under this section, the purchaser shall be entitled to an ord er against any person to whom the purchase money has keen paid for its repayment with or without interest as the Court may direct. (4) No suit to set aside an ord er made under tliis section shall be brought by any person against whom such order is made. 62 CH AP TE R XIII Contract and Custom Restrictions 123.(L) Nothing in any contract between a land- on exclusion | o r c j a n j a tenant made before or after the passing of of Act by . . . A t _ r £> agreement. t t l l S A c t (a) shall prevent a raiyat from acquiring the status of a privileged raiyat in respect of land or acquiring an occupancy right in land in accordance with the provisions of this Act, {b) shall take away the status of a privileged raiyat or an occupancy right in existence at the date of the contract, (c) shall take away or limit the rights of privileged raiyats or occupancy raiyats in trees on their holdings as provided in section 7 or 15, or [(d) shall increase the rate of interest payable on arrears of rent as laid down in section 59 ,]1 (<) shall entitle the landlord to eject a ten ant otherwise than in accordance with the provisions of this Act, or ( / ) shall take away or limit the rig ht of a tenant as provided by this Act to make improvements and claim compensation for them , or (g) shall entitle a landlord, where the rent is payable in produce, to recover as rent, produce in excess of [one-fourth]2 of the gross produce of the land for the year for which the rent is claimed. (2) Nothing in any contract made between a landlord and a tenant after the passing of this Act shall— <«) take away or limit the righ t of a privileged raiyat and an occupancy raiyat to use land as provided by sections 7 and 14 respectively, A. Substituted by Assam Act X XVII of 1953 for clause (<Z). j . Substituted by ibid for “ half (or in the case of jute, one- third)” I 63 (i) take awa) the right of raiyat to surrender his holding in accordance with section 72, or (e) take away the right o f a ten ant to apply for reduction of rent under sections 47, 48 and 49.

Section 122 – The Assam (Temporarily Settled Districts) Tenancy Act, 1935 | DailyLaw.ai