Surrender and Abandonment

Surrender
 Right to surrender the interest in any holding is provided by this

code to the b and asami both sec 118 &119.
 Sec 118 Surrender by bhumidhar.- (1) A bhumidhar may
surrender his interest in any holding or any part thereof by giving
an application in writing to the Tahsildar intimating his intention
to do so and by giving up possession thereof to him whether or
not such holding is let.
 (2) Where only part of a holding has been surrendered, the
Tahsildar shall apportion the land revenue payable by such
bhumidhar.
Rule 111 all co sharer must join .
Rule 112 procedure of surrender: every application in relation to
surrender shall be submitted personally to tahsildar;
Tahsildar shall submit copy immediately to the chairman of Bhumi
Prabhandhak samiti.
Before final decree the Tahsildar may hear lessee and encumbrance
holders if necessary
If only part of holding has been surrendered then Tahsildar shall
apportion the land revenue and direct the correction of the ROR.
A bhumidhar whether with TR OR NTR both can surrender their
interest in any holding. The uniqueness of this provision is that B
may surrender his interest in any holding or part thereof.
 Surrender by asami. - An asami may surrender his interest in any holding (but
not any part thereof) by giving notice in writing to the land holder intimating his
intention to do so, and by giving up possession thereof to him.
 Rule 113 : An Asami desirous of surrendering his holding shall send a notice to his
landholder intimating his intention to do so and by giving to the landholder the
possession of such holding.
 The Asami shall have no right to surrender part of his holding.
 Notice of surrender by Asami may be sent personally or by registered post and
shall contain the particulars of the holding sought to be surrendered.
Sec 119  Sec 120 effect of surrender: Effect of surrender. - (1) A bhumidhar or asami shall
be deemed to have surrendered any land held by him, with effect from the date
when possession over such land is given up in accordance with section 118 or
section 119.
 (2) Where any land is so surrendered : by an asami, his right, title or interest in
such land shall be deemed to have been extinguished from the date of such
surrender;
 by a bhumidhar, the right, title and interest of such bhumidhar and of every other
person claiming through him in such holding or its part shall be deemed to have
been extinguished from the said date
 Surrender in ordinary sense means the giving u of a lease before expiration. When
surrender of land is made by any person then it means he has given up or
resigned the land which is good for nothing. It is voluntary act of the holder.
 Procedure :
 Firstly
 Rule 110 every application for surrender of his holding or any part thereof under
this sec by a B shall be submitted to the tehsildar containing following particulars:
 Name parentage address
 Whether applicant belongs to category clause under sec 74
 detail of holding surrendered
 Land revenue payable
 Whether entire holding sought to be surrendered or part thereof
 Whether applicant is sole B or co sharer
 Whether holding subject to encumbrances
 Reason of surrender
 Secondly, such application for surrender shall be submitted
personally or through registered post to the tahsildar.
 Thirdly the T shall immediately send a copy of the notice to the
chairman of Bhumi Prabhandhak Samiti who shall summon the
applicant and get his signature attested by two witnesses.
 Fourthly the chairman shall obtain delivery of possession of the
land along with the notice.
 Tahsildar after hearing everyone shall pass the final order.
 Where part of holding has been surrender same shall be noted.
 Sec 121: Liability for rent or revenue in case of surrender.-
Notwithstanding the provisions of sections 118 to 120, the
bhumidhar, or asami shall continue to be liable to pay the land
revenue or the rent, as the case may be, for the holding in respect
of the agricultural year next following the date of surrender, unless
the notice of surrender was given before the first day of April.
 Sec 122 Abandonment by bhumidhar. - (1) If a bhumidhar does not pay the land
revenue and does not use the land for agriculture for a continuous period of three
agricultural years and has left the village in which he usually resides and whose
whereabouts are not known, then the Collector may, after such inquiry, as he may
deem necessary, take possession of the land held by such bhumidhar.
 Where the Collector has taken possession of any land under sub-section (1), he may let
it out on behalf of the bhumidhar for a period of one agricultural year at a time in the
manner prescribed.
 If the bhumidhar or any other person lawfully entitled to the land claims it within a
period of three years from the commencement of the agricultural year next following
Abandonment the date on which the Collector took possession thereof, it shall be restored to him on
payment of dues, if any, and on such terms and conditions as the Collector may think
fit.
 Where no claim is preferred under sub-section (3) or if any claim is preferred but is
disallowed, the Collector shall make an order declaring the holding abandoned.

Every order of the Collector under sub-section (4) shall be published in the manner
prescribed and shall, subject to the result of any suit under section 144, be final.
 Nothing in this section shall apply to any holding held by a bhumidhar in whose favour
a declaration has been made under section 80 where such declaration continues to be
in force.
 To abandon is totally to withdraw ourselves from an object to lay
aside all care and concern for it to leave it altogether to itself.
 Where a land is abandoned the underlying idea is that the land is
utterly useless or value less and the abandonment is not being
made in favour of a particular person. But no land is useless or
valueless. Each and every land whether barren or infertile may
have its market value. Therefore no tenue holder abandons his
holding. It is to be noted that no bhumidhari land with TR can be
abandoned. An act of abandonement unlike surrender is not
voluntary act of the bhumidhar but the action of abandonment is
taken by the revenue officers empowered under this code.
 Abandonment by bhumidhar:
 Who may declare land to be abandoned
 Procedure for declaring land abandoned:
 It shall not apply to holding held by a bhumidhar in whose favour a declaration
has been made under sec 80 and such declaration continues to be in force.
 Proceedings after the acts of omission or commission specified under sec 122:
When  1. initiation of proceedings: rule 114 lays down as:
proceeding of  On report of Lekhpal: where a bhumidhar is found to have committed the acts
of omission or commission specified under sec sec 122 (1) the lekhpal shall
abandonment promptly report the matter to the collector through the Tahsildar with
particulars specified in sub rule 1 (a) to e namely :
under sec 122 1. The name address and parentage of the Bhumidhar concerned;
by the 2. The agricultural year for which the Bhumidhar has failed to pay the land
revenue;
collector shall 3. The agricultural years during which he has not used his holding;
4. The details of the plot number to which clause b and c relate;
not apply 5. The last known address of the bhumidhar concerned.
while forwarding the report to the collector the tahsildar shall make necessary
endorsement.
 On receipt of the report of the Lekhpal or on fact otherwise coming to the
knowledge of the collector he shall call for a report from the tahsildar regarding
the acts of commission and omission.
 Proceedings by tahsildar before submitting his report: the tahsildar before
submitting his report to the collector under rule 114(4) shall :
 1. issue a notice to the bhumidhar concerned at his last known address to show
cause why possession of land should not be taken;
 He will also cause an announcement to be made by beat of drum in the village
Collector call where the land is situate calling upon the creditor if any to submit their claim in
respect of any charge or other encumbrances against the land;
for a report  He will also ascertain whether any govt dues are outstanding against the land in
question;
 After examining the objector or the claimaint against any objection or claim the
tahsildar will submit his report to the collector.
 Tahsildar’s report: as per Rule 115 the tahsildar shall indicate whether the
bhumidhar is guilty of the acts of omission and commission of abandonment
under sec 122 (1) of the code and whether his land has been subject to any
charge, mortgage or other encumbrances in accordance with the provision of the
code.
 Rule 116 says that on report of the tahsildar the collector shall decide:
 Whether he should take possession of such land and whether the charge,
mortgage or other encumbrances if any is required to be liquidated and if
so the manner and procedure of such liquidation.
 Lease of land by collector: Rule 117 (1) requires that if collector takes
possession of the bhumidhar’s land he shall let it out in accordance with
the procedure laid down in rule 105.
Order of the  Order of restoration : rule 117 (2) provides that if the bhumidhar or any
person claiming through him who is entitled to take possession appears
collector and claims within 3 years from the commencement of the agricultural
year next following the date on which the collector took possession
thereof, the collector shall restore the land to the claimant subject to such
terms and conditions as the collector may think fit and drop further
proceedings. The collector may also disallow the claim.
 While making the order of restoration the collector shall further direct
that the amount realised from the lease after deducting the expenses of
such lease and the arrears of land revenue shall be refunded to the
claimant.
 Consequence of abandonment.- Where any holding has been
abandoned under section 122, the following consequences shall
ensue, namely-
 the holding shall vest absolutely in the State Government free
Consequences from all encumbrances;
of  the bhumidhar concerned shall cease to have any right, title or
interest in such holding;
Abandonment  the bhumidhar concerned shall continue to be liable for land
sec 123 revenue due in respect of such holding for the agricultural year
during which the order referred to in sub-section (4) of the said
section was made.
 Delivery of possession to Gram Panchayat.- (1) When the
interest of a bhumidhar in any land is extinguished under the
provisions of this Code or any other law for the time being in force,
the Sub-Divisional Officer may, on the application of the Gram
Panchayat concerned evict any person in unauthorized
occupation of such land and deliver possession thereof to the
124 Gram Panchayat in such manner as may be prescribed.
 (2) The provisions of sub-section (1) shall mutatis mutandis apply
to the eviction of an asami holding land from a Gram Panchayat,
or from a bank under sub-section (2) of section 95.
 Abdul Rashid v. Addl commissioner, 1989
 Sec 186 of repealed act. Abdul Rashid was the resident of the
village of sultanpur in the dist Ghaziabad was a landless
agricultural labourer. He was granted patta in respect of the land
in dispute by the Bhumi Prabhandhak samiti in the year 1981. the
allottee Abdul Rashid was put in possession over the land in April
1981 and continued to remain in possession over the land
Cases on obtained in pursuance of the grant of lease in his favour and his
name was also duly recorded in the khatuni.
Abandonment  Peaceful possession
 proceedings were started to cancel the patta.
 Allegations started that about residence.
 Lekhpal submitted report in which it has mentioned that genuine
 Proceedings started at the back of the person

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Surrender

 Right to surrender the interest in any holding is provided by this

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