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Report No. 249

15. Rent Recovery Act, Act 6 of 1853

Category: Administration of Justice

Recommendation: Repeal in consultation with relevant State(s)

The Act regulated the procedure to be followed in summary suits for arrears of rent, to sales of 'Putnee Talooks', and other saleable tenures, and to sales of land in satisfaction of summary decrees of rent. The Act vested jurisdiction in the Collector to conduct the sale, or to hear and decide the suit with respect to land which is the subject of such sale. Most States have now enacted their own rent recovery laws.

Hence, the purpose of this Act has been subsumed by other laws. However, since the competent legislature for the subject of procedure in rent courts is that of the State, (See Item 3, List II, Seventh Schedule, Constitution of India), based on Article 372(1) of the Constitution, the repeal of this Act can only be done by the relevant States where it is still in operation. This Act has also been recommended for repeal by the PC Jain Commission Report (Appendix A-1).


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