ALIGARH MUSLIM UNIVERSITY

MALAPPURAM CENTRE, KERALA

U.P LAND LAW

END TERM EXAMINATION

Topic- “LEASE’’ “SECTION 125 to 129’’

Submitted to Submitted by

Dr. Shaista Nasreen Saadhvi Singh

Assistant Professor GK793o
Department of law 18BALLB33
Content TS Page No.
TABLE OF

Introduction 03

 What is lease

Elements of valid lease 03

Grant of land by gram 04to05

panchyat

Consequences of allotment 06 to 07

 Cancellation of
allotment and lease

Conclusion 08
Bibliography 09
 INTRODUCTION
When it comes to dealing with land or property, the term “lease” is fairly popular. So, if a person
wants to rent out his or her apartment or property, he or she will choose to lease it. Surprisingly,
individuals overlook minor details in a lease deed, causing a fuss. It is prudent for both a tenant
and a landlord to be aware of their rights and duties in order to prevent stumbling blocks and to
have a smooth transition in which the landlord defends his interests and the tenant enjoys the
property he rented. In simple terms, lease is a kind of encumbrance on a property in the form of a
right to possess and enjoy property owned by another person. The person who transfers the
property (transferor) is known as the lessor. The person to whom the transfer is made(transferee)
is known as the lessee. The price here is known as the premium and the money, share, service or
any other thing so rendered in known as the rent.

WHAT IS LEASE?
When one person, through a contract, conveys or rents his property to another person for a
specific period of time in exchange for a periodic or lump-sum payment, this is known as a lease.
For example, A rents his house to B for 8 months in exchange for a monthly payment of Rs.
10,000. This is the simplest form of a lease.

When a property owner (the offeror) makes an offer to another party (the offeree), the offeree
accepts the offer, a lease is formed. The offer must allow the offeree to hold and utilise the
offeror’s property for a set amount of time without becoming the owner. A lease must also
include consideration, which requires the offeree to provide something of value in exchange for
the lease. Money is the most common kind of consideration, however other valuable items may
be provided to the offeror. Finally, the offeror must deliver the property to the offeree or make
the property available to the offeree. When a lease is formed, the property owner is called the
lessor, and the user of the property is called the lessee.

ELEMENTS OF VALID LEASE: -

For a lease to be valid it has certain prerequisites that are needed to be fulfilled and they are as
follows:
 1. Competency of Lessor and Lessee- For a lease to be valid both the lessor and the
lessee must be competent enough to constitute a contract. For a lessor and lessee to
be competent they must be:

 The lessee must be a major.

 The lessor must hold the title and authority to make the lease.

 Both the lessor and lessee must be of sane mind.

2.Subject matter- The subject matter of the lease must be immovable property like a flat, house
or loft.
3. Consideration- There must be a form of consideration involved in the contract. Without a
consideration it would not be a valid lease rather it would be treated as a gift. The consideration
is usually in the form of premium plus rent but sometimes it can be premium alone or rent alone.

Duration- A lease for an immovable property shall be made for 11 months. In case the duration
exceeds a year i.e. 12 months or more than a lease agreement can only be made by a registered
instrument as per Section 107 of the Transfer of Property Act, 1882.

Delivery and Acceptance- The lessor must deliver the contract and the lessee must accept the
contract without any form of undue influence, coercion. Once the lessee accepts the contract, the
lease becomes valid.

GRANT OF LAND BY GRAM PANCHAYAT: -

The Bhumi Prabandhak Samiti may, with the previous approval of the SubDivisional Officer,
admit any person as-

Bhumidhar with non-transferable rights to any land entrusted or deemed to be entrusted to the
Gram Panchayat under section 59 other than land specified in section 77.

Asami to any land specified in section 77 except in clause (a) or clause (h) or (i) thereof where
such land is entrusted or deemed to be entrusted to the Gram Panchayat under section 59 other
than a tank specified in clause (a) of section 61.

PREFEENCE IN ADMISSION TO LAND BY BHUMI

PRABANDHAK SAMITI: -
According to of U.P Revenue code,200 Section 12(1) In the admission of any person to land as
bhumidhar with non-transferable rights or as asami under section 125, hereinafter in this Chapter
referred to as allotment of land, the Bhumi Prabandhak Samiti shall observe the following order
of preference: -

(A ) landless widow, sons, unmarried daughters or parents residing in the Gram Sabha of a
person who has lost his life while in active service in the Armed Forces of the Union

(B)landless person residing in the Gram Sabha who has become wholly disabled while in active
service in the Armed Forces of the Union.

(C) A landless agricultural labourer residing in the Gram Sabha and belonging to a scheduled
caste or scheduled tribe, other backward class or a person of general category living below
poverty line as determined by the State Government

Any other landless agricultural labourer residing in the Gram Sabha

(E)A landless person residing in the Gram Sabha who has retired or been released or discharged
from service in the Armed Forces of the Union, otherwise than as an officer

(f) A landless freedom fighter residing in the Gram Sabha, who has not been granted political
Pension

g) Any bhumidhar or asami residing in the Gram Sabha and holding land less than 1.26 hectares

(h) Any other landless agricultural labourer belonging to a scheduled caste or scheduled tribe,
other backward class or a person of general category living below poverty line as determined by
the State Government not residing in the Gram Sabha but residing in the Nyaya Panchayat circle
referred to in section 42 of Uttar Pradesh Panchayat Raj Act, 1947.

CONSEQUENCES OF ALLOTMENT (SECTION127): -

Section 127 of the U.P. Revenue code,200 provide consequences of the allotment of land under
lease.
Where any land is allotted to a person in accordance with sections 125 and 126 and any tree or
other improvement exists on such land, then unless the contrary intention appears, such tree or
improvement shall also be deemed to be allotted to the person concerned along with the land.
The allottee shall hold the land so allotted on such terms and conditions as may be prescribed:
Provided that if the allottee is a married man and his wife is alive, she shall be co-allottee of
equal share in the land so allotted.

CANCELLATION OF ALLOTMENT AND LEASE (Section 128):

The Collector may, of his own motion and shall on the application of any person aggrieved,
inquire in the manner prescribed into any allotment and if he is satisfied that the allotment

Is in contravention of the provisions of this Code or any of the enactments repealed by this Code
or the rules made there under, he may cancel the allotment and the lease, if any.

(1-A) Any application under sub-section (1) may be moved in the case of an allotment of land
made before the commencement of this Code, within five years from the date of such
commencement and in the case of an allotment of land made on or after the date of such
commencement, within five years from the date of such allotment or lease.

Where the allotment or lease of any land is cancelled under sub-section

(1), the following consequences shall ensue, namely-
The right, title and interest of the allottee or lessee or any other person claiming through him in
such land and in every tree or other improvement existing thereon shall cease, and the same shall
revert to the Gram Panchayat;
The Collector may direct delivery of possession over such land, tree or improvement forthwith to
the Gram Panchayat after ejectment of every person holding or retaining possession thereof and
may for that purpose use or cause to be used such force as may be necessary.
Where in proceedings for cancellation of allotment or lease referred to in clause (b) of sub-
section (1) the Collector is satisfied that any land referred to in section 77 excepting clause (a) or
clause (h) or (i) thereof has been allotted to any person as bhumidhar with nontransferable rights,
he may instead of cancelling the allotment, or lease, direct that the allottee or lessee shall be
treated as an asami under clause (b) of section 125.
Every order made by the Collector under this section shall, subject to the provisions of section
210, be final.

Section 129 Restoration of possession to allottee or the Government lessee.- (1)

Where any person is admitted to any land in accordance with section 125, or where
Any land is let out to any person by the State Government, and any person, other
Than the allottee or lessee, is in occupation of such land in contravention of the
Provisions of this Code, the Assistant Collector may, of his own motion, and shall,
On the application of the allottee or the lessee, as the case may be, put him in
Possession of such land, and may for that purpose use or cause to be used such
Force as he considers necessary.
(2) The provisions of sub-section (2) to (8) of section 65 shall mutatis mutandis
Apply in relation to reoccupation of any land or part thereof after possession has
Been delivered under sub-section (1).
 CONCLUSION: -
During the post-independence period, the major agenda of the government on land reforms, next
to the “abolition of zamindari system,” was tenancy reforms. All states had adopted legislation
concerning agricultural tenancy in the 1960s or 1970s. Most of those tenancy laws were
amended by states from time to time, partially in response to policy suggestions emerging
through various five-year plans.

The provisions of tenancy laws adopted by various state governments had covered defining
tenants, regulation of rent, security of tenure, landlords’ right to resume personal cultivation on
leased land, conferment of ownership rights to tenants, surrender of tenancy rights with mutual
consent, prohibition of future tenancies, tenants’ rights of pre-emptive purchase, correcting the
tenancy records, abolishing oral tenancies, etc.

Although tenancy laws differed from state to state, they were generally found to be very
restrictive in the sense that they had almost prohibited agricultural tenancy. The tenancy
arrangements, as it existed, were primarily informal in nature, leaving tenants insecure and thus
rendering the system inefficient, while reducing the operational mobility of landowners. The
expert committee was therefore of the view that restrictive tenancy laws of states had adversely
affected agricultural efficiency, equity, occupational diversification, and rapid rural
transformation.
 Bibliography

BOOKS

 R.R. Maurya uttar pradesh land laws Central

law publication
 The code of up land revenue 2006

WEBSITE

 https:// indiankanoon .org