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Dekkhan Agriculturists Relief Act, 1879
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Contents
Complete Law
Versions and amendments
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SECTIONS:
CHAPTER I
PRELIMINARY
1.
Short title.
Commencement.
Local extent.
2.
Construction.
2A.
[Repealed.]
CHAPTER II
OF THE HEARING OF CERTAIN SUITS BY SUBORDINATE JUDGE
3.
Application of this Chapter.
4.
Certain suits to be instituted in Courts of first class Subordinate Judges.
5.
Subordinate Judges not to act as Judges of Small Cause Courts.
6.
Jurisdiction of Subordinate Judge and Small Cause Court.
7.
Summons to be for final disposal of suit.
Court to examine defendant as witness.
8.
[Repealed.]
9.
[Repealed.]
10.
No appeal to lie.
CHAPTER III
OF SUITS AND OTHER PROCEEDINGS TO WHICH AGRICULTURISTS ARE PARTIES
10A.
Power of Court to determine nature of transactions and to admit evidence of an oral agreement or statement.
11.
Agriculturists to be sued where they reside.
12.
History of transactions with agriculturist-debtors to be investigated.
13.
Mode of taking account.
13A.
In certain cases rent may be charged in lieu of profits.
14.
[Repealed.]
15.
[Repealed.]
15A.
Mortgagor entitled to decree for redemption though time fixed by mortgage has not arrived or debt has not been paid.
15AA.
Power of Court to name some future date for payment by the mortgagor.
15B.
Power to order payment by instalments in case of decree for redemption, foreclosure or sale.
power to continue the mortgagee in possession.
15C.
Power to order payment by instalments in suits for possession of mortgaged property.
15D.
Mortgagor may sue for accounts.
16.
Agriculturist-debtors may sue for accounts.
Amount of debts in such cases to be determined according to foregoing provisions.
17.
Decree under section 16 may provide for payment by instalments Execution of decrees under this section.
18.
Payment into Court in cases under section 16.
19.
[Repealed.]
20.
Power to fix instalments in execution.
21.
Arrest and imprisonment in execution of decree for money abolished.
22.
Immoveable property exempted form attachment and sale unless specifically pledged.
22A.
Power of collector to set aside sale.
23.
Chapter not to apply to village-munsifs' Courts.
CHAPTER IV
OF INSOLVENCY
24.
Subordinate Judges to have jurisdiction in agriculturist's cases.
25.
Agriculturists may apply for adjudication in cases not provided for by Code.
26.
Modification of section 351 of the Code.
27.
Receiver.
28.
Proof of debts.
29.
Immoveable property not to vest in receiver, but may be managed for benefit of creditors.
30.
Secured debts.
31.
Insolvent incompetent to sell, etc., property dealt with under sections 29 and 30.
32.
Scheduled debts discharged.
33.
Appeals barred.
CHAPTER V
OF VILLAGE-MUNSIFS
34.
Appointment of village-munsifs
35.
Suits triable by them.
Jurisdiction of other Courts excluded.
proviso.
36.
District Judges power of revision.
37.
Power of Provincial Government to make rules.
CHAPTER VI
OF CONCILIATION
38.
Appointment of conciliators.
39.
Matters which may be brought before conciliator.
40.
Procedure thereupon.
Day for attendance may from time to time be postponed.
41.
When all parties appear, conciliator to endeavour to reconcile them.
42.
Conciliator to hear statements of witnesses, etc.
43.
Any agreement arrived at to be reduced to writing.
44.
Procedure when agreement finally disposes of case and in other circumstances.
45.
Procedure where agreement is for reference to arbitration.
46.
Certificate to be given to applicant if conciliation fails.
47.
Suit, or application for execution, not to be entertained by Civil Court unless such certificate is produced.
48.
Allowance to be made in period of limitation.
48A.
[Repealed.]
49.
Provincial Government to make rules.
CHAPTER VII
SUPERINTENDENCE AND REVISION
50.
District Judge to inspect, etc.
51.
District Judge may withdraw case from Conciliator or Subordinate Judge,
or sit with Subordinate Judge as a Bench for trial of any case.
52.
Appointment of Assistant or Subordinate Judges to aid District Judge.
53.
Of revision.
54.
Special Judge.
CHAPTER VIII
REGISTRATION BY VILLAGE-REGISTRARS
55.
Appointment of Village-registrars.
56.
Instruments executed by agriculturist not to be deemed valid unless executed before a Village-registrar.
57.
Such instruments to be written by, or under the superintendence of, a village-registrar and executed in his presence. Attestation of such instruments.
58.
Registration of instruments by Village-registrars
59.
Consideration to be fully stated in every instrument executed before a Village-registrar.
previous instruments to be produced.
production of copy of previous instrument when to be permitted.
60.
Registration under this Act to be deemed equivalent to registration under Indian Registration Act,1877.
61.
Superintendence of Village-registrars and custody and destruction of their records.
62.
Exemption of instruments to which the Government or any officer of the Government is a party.
63.
Power of Provincial Government to make rule.
CHAPTER VIIIA
REGISTRATION OF INSTRUMENTS REFERRED TO IN SECTION 17 OF THE INDIAN REGISTRATION ACT, 1877
63A.
Mode of execution by agriculturists of instruments required to be registered under Act III of 1877.
CHAPTER IX
OF RECEIPTS AND STATEMENTS OF ACCOUNT
64.
Agriculturists entitled to written receipts.
65.
Agriculturists entitled to annual statements of account.
66.
Agriculturists entitled to have account made up from time to time in a pass-book.
67.
Penalty for contravention of sections 64 to 66.
CHAPTER X
LEGAL PRACTITIONERS
68.
Pleaders, etc., excluded in certain cases.
69.
Power of Court to appoint pleader for agriculturist.
CHAPTER XI
MISCELLANEOUS
70.
Mortgages, etc., to be valid only when written.
71.
Bar of application of section 258, Act XIV, 1882.
71A.
Rate of interest allowable on taking an account.
72.
Limitation.
73.
[Repealed.]
73A.
Certain agricultural produce exempted from attachment, etc.
74.
Civil procedure code to apply in Subordinate Judges' Courts.
74A.
Co-operative credit societies.
75.
Additional power to make rules.
76.
Rules to be published.
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