Section 7.
Non-transferability and saving of the rights and liabilities of tenants –
(1) The rights of a tenant in any land held by him as such shall be heritable,
but shall not be transferable.
(2) Save as otherwise provided in this Act –
a. no tenant in lawful cultivation of any land at the commencement of the
Odisha Land Reforms (Amendment) Act, 1973 (President's Act 17 of
1973) or at any time thereafter shall be liable to be evicted from such
land by the landlord;
b. no such tenant shall be bound to pay rent at a rate higher than the rate
specified in Section 13; and
c. the rights, benefits, protection, privileges, obligations or liabilities of
any tenant in lawful cultivation of any land at the commencement of
Odisha Land Reforms (Amendment) Act, 1973 (President's Act 17 of
1973) as were existing immediately prior to such commencement shall
not be liable to be modified or extinguished in any manner whatsoever.
Rights & Liabilities of Tenant
Introduction
A tenant, as defined in the Orissa land laws, is a person who cultivates land
belonging to another person on payment of rent either in cash, kind, or share of
produce. The law provides certain protections and obligations to regulate the
relationship between landlord and tenant.
Rights of a Tenant
1. Right of Cultivation
A tenant has the legal right to cultivate the land in his possession.
This right includes growing crops and enjoying the produce.
In cases like bhag chasi, the tenant has exclusive possession and
carries out agricultural operations independently.
the tenant may grow crops in his own right and deliver a share to the
landlord.
2. Protection from Eviction
The law strongly protects tenants from arbitrary eviction.
A tenant in lawful cultivation cannot be evicted by the landlord,
especially after the commencement of the Orissa Land Reforms
(Amendment) Act, 1973.
This protection ensures security of tenure and prevents exploitation.
Tenants shall not be liable to eviction once protected under the Act.
3. Right to Fair Rent
Tenants are protected against excessive rent demands.
They are not required to pay rent higher than the rate prescribed by law.
This ensures economic fairness and prevents exploitation by landlords.
4. Heritable Rights
The tenancy rights are heritable.
This means that after the death of a tenant, his legal heirs can continue
the tenancy.
However, these rights are not transferable, meaning the tenant cannot
sell or transfer them to another person.
5. Protection of Existing Rights
All rights, privileges, and protections enjoyed by tenants before the
commencement of the Act are preserved.
These rights cannot be modified or extinguished arbitrarily.
This ensures continuity and legal certainty.
6. Right Against Disturbance by Transfer of Land
If the landlord transfers the land to another person:
The new owner cannot evict the tenant simply because of the transfer.
The transferee landlord only gets the landlord’s share of produce.
7. Right to Continue Tenancy Despite Government Actions
Even if land is vested or ownership changes, valid tenancy rights are not
automatically extinguished.
Courts have held that tenancy continues unless legally terminated.
Liabilities of a Tenant
1. Liability to Pay Rent
The primary obligation of a tenant is to pay rent to the landlord.
Rent may be in cash, kind, or share of produce.
Failure to pay rent can affect the tenant’s legal status.
2. Obligation to Cultivate the Land
A tenant must cultivate the land as per the agreement.
“Cultivation” includes ploughing, sowing, weeding, harvesting, and
preparing produce for market.
The tenant is expected to actively use the land for agricultural purposes.
3. Sharing Produce (in Bhag System)
In systems like bhag, sanja, or kata:
The tenant must deliver a fixed share or portion of the produce to the
landlord.
This is a contractual and legal obligation.
4. Compliance with Terms of Tenancy
The tenant must follow the agreed terms between landlord and tenant.
This includes payment conditions, method of cultivation, and duration.
Courts have upheld tenancy only where such terms are satisfied
5. No Right to Transfer Tenancy
A tenant cannot transfer or assign his tenancy rights to another person.
Any such transfer would be invalid under the law.
This restriction ensures stability of land relations.
6. Liability to Lose Rights in Certain Cases
Under specific circumstances, the tenant may lose his right:
If the land is transferred to a privileged raiyat or person under disability,
the tenant may cease to have cultivation rights under certain provisions.