45: Private transfer of tight of occupancy under section 3 by tenant

(1) A tenant having a right of occupancy under section 3 may transfer that right by sale, gift, or mortgage, subject to the condition mentioned in this section. (2) If he intends to transfer the right by sale, gift, mortgage, by conditional sale or usufructuary mortgage, he shall cause notice of his intention to be served on his landlord through a Revenue Officer and shall defer proceeding with the transfer for a period of one month from the date on which the notice is served. (3) Within the period of one month the landlord may claim to purchase the right at such value as a Revenue Officer may, on application made to him in this behalf, fix. (4) When the application to the Revenue Officer is to fix the value of a right of occupancy which is already mortgaged, he shall fix the value of the right as if it were not mortgaged. (5) The landlord shall be deemed to have purchased the right if he pays the value to the Revenue Officer within such time as that Officer appoints. (6) On the value being so paid, the right of occupancy shall be extinct, and the Revenue Officer shall, on the application of the landlord, put the landlord in possession of the tenancy. (7) If the right of occupancy was already mortgaged, the tenancy shall pass to the landlord unincumbered by the mortgaged but the mortgaged debt shall be a charge on the purchase-money. (8) If there is no such charge as aforesaid, the Revenue Officer shall, subject to any direction which he may receive from any Court, pay purchase-money to the tenant. (9) If there is such a charge, the Revenue Officer shall, subject as aforesaid, either apply in discharge of the mortgaged so much of the purchase-money as is required for that purpose and pay the balance, if any, to the tenant, or retain the purchase-money pending the decision of a Civil Court as to the person or persons entitled thereto. (10) Where there are several landlords of a tenancy, anyone of them may be deemed to be the landlord for the purpose of this section. (11) No suit or other proceeding shall be instituted against the Government or against any officer of the Government in respect of anything done by a Revenue Officer under the two last foregoing sub sections, but nothing in this sub section shall prevent any person entitled to receive the whole or any part of the purchase-money from recovering it from a person to whom it has been paid by a Revenue Officer.

Effective date: 1978-12-27

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