19 Bill No. XX of 1937 to abolish the Khoti System 17th September 1937 - Page 117

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98 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES

( v ) The Officer shall lodge his decision with the Collector and shall communicate in writing his decision regarding claims, to a right to occupancy in the land or claims to a right to the compensation to the persons making such claims.

( vi ) If the Officer is unable to satisfy himself as to which of the different claimants was entitled to compensation he may suspend payment of compensation until a competent Civil Court has determined the rights of the persons who have claimed the compensation.

  1. Reference by inferior holders whose claim to occupancy has been rejected. —( i ) Any person who is aggrieved by reason of the fact that his claim for being registered as an occupant is rejected by an order passed by an Officer specially deputed by the Government in his behalf shall by a written application to the Collector require that the question of his claim be referred by the Collector for the determination of the District Court within whose local jurisdiction the whole of part of the land is situated or a Tribunal appointed by Government in this behalf.

( ii ) The application shall state the grounds of his objections to the decision of the Officer and shall be submitted within 90 days from the date of the service of the order rejecting his claim.

( iii ) The Collector shall refer the application to the District Court or the Tribunal as the case may be. The application shall be numbered and registered as a suit between the applicant as plaintiff and the person or persons who have been declared by the Officer to be entitled to occupancy as defendant.

( iv ) On such application being registered the Court or the Tribunal shall direct notice thereof to be given to the defendant or defendants to appear and answer the claim on a date to be therein specified.

( v ) The application shall be set down for hearing as a suit instituted in the ordinary manner under the provisions of the Code of Civil Procedure,

1908, shall apply to such suits so far as the same are applicable.

( vi ) No appeal shall lie from any decision given or order passed in any such suit by the Court or by the Tribunal.

  1. Statements to be filed by Khots. —(1) Within three months from the passing of this Act the Collector shall by notice in writing require every Khot to lodge with him on or before a day named by him in the notice (which day shall not be later than three months from the date of the notice) a statement signed by the Khot showing : —

( i ) The survey numbers of all lands of which he is a superior holder as a Khot or otherwise ;

( ii ) the persons who have been in occupation of each survey number for each year commencing from the year 1920 to the date of the passing of this Act; and

( iii ) the title and the nature of the interest claimed by the Khot in each such survey numbers.