Section 11 - Rights of settlement holder other than landholder Assam

ASSAM LAND & REVENUE REGULATION, 1886

According to the provisions of Section 11. "a settlement-holder other-than landholder shall have no rights in the land held by n beyond such as are expressed in his settlement lease.

 

In Jainur Ali V. Mt. Chafina Bibi, AIR 1951 Assam 20. It was held that the correct interpretation of Section 11 and Rule 1(C) framed under the Assam Land and Revenue Regulation is that when an annual patta holder purports to transfer his ownership in such land for consideration, the transferee takes good title to the property subject only to the paramount title of the Government, that is to say, if the Government so chooses it may, at the expiry of the period of the annual patta, refuse to grant an annual patta to the transferee.  

 

That, however is a matter between the Government and the transferee and not a matter between the transferor and the transferee. Justice Labhaya in the said case also observed that both Section 11 and Rules 1 (C) enact no positive prohibition. Such a transfer is not prohibited by law. Person holding annual patta can only transfer his limited right of user. On the date of sale the transferee would acquire only the subsisting title and interest of the transferor and the right thus acquired would, therefore, expire with the expiry of the lease in favour of the transferor. The transferee takes good title to the property subject only to the permanent title of the Government, that is to say, if the Government so choses it may, at the expiry of the period of the annual patta, refuse to grant an annual patta to the transferee. If his land is taken up for a public purpose, compensation is given to him for the loss or cost of removal of any house he may have been expressly or impliedly allowed by Government to build upon it.

The Civil Court has no right to entertain a suit for declaration that renewal was wrongly refused. (Md. Masum Vs State of Assam ALR. Vol I p. 239)

The rights of the settlementholder are those that are expressed in the settlement lease. Under an annual lease both the parties have the right to terminate the annual lease by a non-renewal notice. The Government have no larger powers of non-renewal than the lessee. Kahiram Das v. The State of Assam ILR (1956) 8 Assam 160.

Where land is surveyed, measured and delivered to an allottee, where it is reclaimed and brought under cultivation, where premium has been paid and where execution of the patta is delayed for no fault of the settlement-holder, no unrestricted right to cancel or revoke the settlement without any refund of the money paid by him or payment of compensation for making the land culturable. This can be inferred from S.11 Abdul Gani v. Settlement Officer, Nowgong ILR (1954) 6 Assam 347; AIR 1955 Assam 45, 50.

As regards rights of transfer at, the time of fresh settlement after expiry of previous lease where the previous settlement holder does not come forward and apply for settlement, the Settlement Rules require the settlement to be made with the person in actual possession. To this extent, the Government may be said to have always recognized the transferability of annual holdings. But no right of transfer on the part of the holder has been conferred.

An annual lease can be converted into a periodic lease, when the conditions laid down in Rule 105 of the Assam Land Records Manual are fulfilled, that is to say, when land is fully cleared and cultivated with permanent crop or occupied with permanent residence.