41Right to written lease and procedure to obtain it

(1) The tenant of holding shall be entitled to receive, from his landholder, a written lease, consistent with the provisions of this Act, drawn up in the prescribed form.

(2) If the lease is not issued to the tenant, or it does not contain the particulars required to be stated therein, or contains particulars which the tenant does not accept as correct, he may make an application to the tahsildar and claim the lease in the proper form.

(3) Along with his application the tenant shall file three copies of the draft lease in the prescribed form, stating therein all the particulars in accordance with the terms settled between him and his landholder, and shall verify each copy as a plaint.

(4) The tahsildar shall, on receipt of the application, issue notice accompanied by a copy of the lease to the landholder to file objections, if any, within the period specified therein.

(5) If the landholder appears and admits the correctness of the lease, or, after due service of the notice, does not appear, the tahsildar shall sign and date the lease, put his official seal on it and deliver it to the tenant.

(6) If the landholder files an objection, the tahsildar shall decide it, and, if the tenant is entitled to a lease, deliver the lease in the manner provided by sub-section (5).

(7) If the lease is delivered to the tenant under sub-section (5) or (6), a true copy thereof shall be furnished to the landholder and a copy of such lease shall be placed on the record of the case.

(8) The tahsildar shall submit the record of the case for confirmation of the order passed by him under sub-section (6) to the sub-divisional officer.

(9) A lease so delivered shall be deemed to be registered under the Indian Registration Act, 1908 (XVI of 1908) and the terms thereof, in so far as they are consistent with the provisions of this Act, shall be binding on the parties thereto.