Validation of certain transfers and acquisitions.

§120A

Summary

1[120A. Validation of certain transfers and acquisitions.- (1) A transfer or acquisition of any land in contravention of the provisions of section 89 or 91 made before the 21st day of November 1961, shall not be deemed or declared to be invalid merely on the ground that such transfer or acquisition was made in contravention of those provisions if the transferee pays to the State Government a penalty equal to one per cent. of the consideration or one hundred rupees, whichever is less: Provided that, if such transfer is made by the landlord in favour of a tenant in actual possession, the penalty payable in respect thereof shall be one rupee: Provided further that, if any such transfer is made by a landlord in favour of any person other than a tenant in actual possession, and such transfer is made either after the unlawful eviction of such tenant, or results in the eviction of the tenant in actual possession then, such transfer shall not be deemed to be validated, unless such tenant has failed to apply for possession of the land under sub-section (1) of section 36 within three years from the date of his eviction from the land. (2) On payment of the penalty, the Tahsildar shall issue a certificate to the transferee that the transfer or acquisition is not invalid. (3) Where the transferee fails to pay the penalty, within such period as may be prescribed, the transfer or as the case may be, the acquisition shall be declared by the Tahsildar to be invalid, and thereupon the provisions of sub-sections (3) to (5) of section 122 shall apply.]

1[120A. Validation of certain transfers and acquisitions.- (1) A transfer or acquisition of any land in contravention of the provisions of section 89 or 91 made before the 21st day of November 1961, shall not be deemed or declared to be invalid merely on the ground that such transfer or acquisition was made in contravention of those provisions if the transferee pays to the State Government a penalty equal to one per cent. of the consideration or one hundred rupees, whichever is less: Provided that, if such transfer is made by the landlord in favour of a tenant in actual possession, the penalty payable in respect thereof shall be one rupee: Provided further that, if any such transfer is made by a landlord in favour of any person other than a tenant in actual possession, and such transfer is made either after the unlawful eviction of such tenant, or results in the eviction of the tenant in actual possession then, such transfer shall not be deemed to be validated, unless such tenant has failed to apply for possession of the land under sub-section (1) of section 36 within three years from the date of his eviction from the land. (2) On payment of the penalty, the Tahsildar shall issue a certificate to the transferee that the transfer or acquisition is not invalid. (3) Where the transferee fails to pay the penalty, within such period as may be prescribed, the transfer or as the case may be, the acquisition shall be declared by the Tahsildar to be invalid, and thereupon the provisions of sub-sections (3) to (5) of section 122 shall apply.]

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