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Hidayatullah National Law University, Near Abhanpur, Uperwara Post, Raipur
Volume - 3,
Issue - 1,
Year - 2015
Before Going to the Term Bhumiswami, it’s important for us to understand the term tenant. "Tenant" means a person holding land from a Bhumiswami as an occupancy tenant under Chapter XlV. 1
The definition of the word 'tenant' in this clause is exhaustive. The first condition for a person to be tenant under this clause is that he should hold land from Bhoomiswami. Further, it is provided that the person holding land from a Bhoomiswami , should hold it as an occupancy tenant under Chapter XIV .of this-Code. 2 A tenant is by the definition a person who holds land as an occupancy tenant from a Bhumiswami; but the status of a Bhumiswami is recognized for the first time by the Code and an occupancy tenant from a Bhumiswami would mean only a person belonging to that class who acquires rights of occupancy tenant after the Code comes into force. The position of a tenant prior to the date on which the Code was brought into force does not appear to have been dealt within this definition. The definition which is specially devised for the purpose of the Code throws no light on the nature of the right which invests the holder of land with the status of an occupancy tenant at the commencement of the Code.
Cite this article:
Viplav Baranwal. Reinstatement of Bhumiswami Improperly Dispossessed. Int. J. Rev. & Res. Social Sci. 3(1): Jan. – Mar. 2015; Page 43-45.