Dekkhan Agriculturists Relief Act, 1879

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THE DEKKHAN AGRICULTURISTS’ RELIEF ACT, 1879 
 
 
 
 
CONTENTS 
CHAPTER I 
 
PRELIMINARY 
1. Short title.  
Commencement 
Local extent 
2.  Construction 
2A. [Repealed.]  
CHAPTER II 
 
OF THE HEARING OF CERTAIN SUITS BY SUBORDINATE JUDGES 
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  [Repealed.]  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  [Repealed.]  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 
 
 
 
 

 
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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-debtor to be investigated 
13. Mode of taking account 
13A.  In certain cases rent may be charged in lieu of profits 
14-15.  [Repealed.]  
15A.  Mortgagor entitled to decree for redemption through 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 
15C.  Power to order payment by instalments in suits for possession of mortgaged property 
15D.  Mortgagor may sue for account 
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 [Repealed]  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 from attachment and sale unless specifically pledged 
22A.  Power of Collector to set aside sale 
23.  Chapter not to apply to Village Munsifs’ Courts 
 
 
 
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CHAPTER IV 
 
OF INSOLVENCY 
24.  Subordinate Judges to have jurisdiction in agriculturists’ 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 Judge’s 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 
 
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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 trail 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 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 
 
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62.  Exemption of instruments to which the Government or any officer of the Government is a 
party 
63.  Power of Provincial Government to make rules 
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 of 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 Judge’s Courts 
74A.  Co-operative Credit Societies 
75.  Additional power to make rules 
76.  Rules to be published 
 
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THE DEKKHAN AGRICULTURISTS’ RELIEF ACT, 1879 
1ACT No. XVII OF 1879 
[29th October, 1879]  
An Act for the relief of Indebted Agriculturists in certain parts of the Dekkhan. 
Preamble. WHEREAS it is expedient to relieve the agricultural classes in certain parts of the 
Dekkhan from indebtedness; It is hereby enacted as follows:___ 
CHAPTER I 
 
PRELIMINARY 
21. Short title. Commencement. This Act may be cited as the 3Dekkhan Agriculturists’ Relief 
Act, 1879: and it shall come into force on the first day of November, 1879.  
Local extent. 4[This section and] sections 11, 56, 60 and 62 extend to 5[the whole of Pakistan]. 
6[The rest of this Act may, from time to time, be extended wholly or in part by the Provincial 
Government of 7[West Pakistan to any part or parts of Sindh], or by the 8[Federal Government] to any 
part or parts of the 9[Karachi Division]].  
10[2. Construction. In construing this Act, unless there is something repugnant in the subject 
or context, the following rules shall be observed, namely:__  
1st.__ “Agriculturist” shall be taken to mean a person who by himself or by h is servants or by 
his tenants earns his livelihood wholly or principally by agriculture carried on within the limits of a 
district or part of a district to which this Act may for the time being extend, or who ordinarily engages 
personally in agricultural labour with in those limits.  
 
 
1For Statement of Objects and Reasons, see Gazette of India, 1879, Pt. V, p.796; for Report of the Select Committee, see ibid., p. 939; for Proceedings in 
Council relating to the Bill it was originally proposed to introduce, see ibid., 1878, Supplement, p. 1028; and for Proceedings relating to the Bill which 
included the provisions of both this Bill and the Bill which the Local Council had introduced see ibid., 1879, Supplement, pp. 595, 833, 873 and 1327.  
This act was rep. in the Province of Bombay by s. 85 of the Bombay Act 28 of 1939 with effect from a date to be notified.  
It has also been extended to the Leased Areas of Balochistan, see the Leased Areas (Laws) Order, 1950 (G.G.O. 3 of 1950); and also applied in the 
Federated Areas of Balochistan, see Gazette of India, 1937, Pt. I, p. 1499.  
Ss. 2, 3 and 11 (ss. 2 and 11 subject to modifications) have been applied to Balochistan under ss. 5 and 5A of the Scheduled Districts Act, 1874 (14 of 
1874), see Gazette of India, 1935, Pt. II-A, p.4.  
This Act has been amended in its application to the Province of Sindh by the Sindh Act No. 17 of 1975, s. 3 and 2nd Sch.  
2Section 1 has been amended in its application to the Province of West Pakistan (except the Capital of the Federatio n) by the West Pakistan Act 16 of 
1957, s. 3 (3) and 3rd Sch. (with effect from the 14th October, 1955).  
3Acts 17 of 1879, 23 of 1881 and 22 of 1882 may be cited collectively as the Dekkhan Agriculturists’ Relief Acts, 1879 to 1882-see s. 1 (1) of the Dekkhan 
Agriculturists’ Relief Act, 1882 (22 of 1882). The Acts of 1879 to 1882 and Act 23 of 1886 may be cited collectively as the D ekkhan Agriculturists’ 
Relief Act 1879 to 1886-see. s.1(1) of the Dekkhan Agriculturists’ Relief Act, 1886 (23 of 1886). The Acts of 1879 to 1886 and Act 6 of 1895 may be 
cited collectively as the Dekkhan Agriculturists’ Relief Acts, 1879 to 1895 -see s.1(1) of the Dekkhan Agriculturists’ Relief Act, 1895 (6 of 1895 ). The 
Acts of 1879 to 1895 and Bom. Act I of 1902 may be cited collectively as the Dekkhan Agriculturists’ Relief Acts, 1876 to1902-see s. 1(1) of the Dekkhan 
Agiculturists’ Relief Act, 1902 (Bom. 1 of 1902).  
4These words were ins. by Dekkhan Agriculturists’ Relief Act, 1881 (23 of 1881), s. 3, and are to be deemed to have always been inserted.  
5Subs. by the Central Laws (Statute Reform) Ordinance, 1960 (21 of 1960), s. 3 and 2nd Sch. (with effect from the 14th  October, 1955), for “all the 
Provinces and the Capital of the Federation” which had been subs. by A.O., 1949 Arts. 3(2) and 4, for “the whole of British India”.  
6Subs. by A.O., 1949, Sch., for the original text as amended by A.O., 1937 the Dekkhan Agricu lturists’ Relief Act, 1886 (23 of 1886), the Dekkhan 
Agriculturists’ Relief Act, 1895 (6 of 1895), and the Devolution Act, 1920 (38 of 1920).  
7Subs. by Ord. 21 of 1960, s. 3 and 2nd Sch., for “Sindh to any part or parts of the province” (with effect from the 14th October,1955).  
8Subs. by F. A.O.,1975, Art. 2 and Table, for “Central Government”.  
9Subs. by A.O., 1964, Art. 2 and Sch., for “Federal Territory of Karachi”, which had been subs. by the Repealing and Amending Ordinance, 1961 (1 of 
1961), s. 3 and 2nd Sch., for “Capital of the Federation.”  
10Subs. by Act 6 of 1895, s. 5, for the original section.  
 
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Explanations.-(a) An agriculturist who, without any intention of changing his status as such, 
temporarily ceases to earn his livelihood by agriculture or to engage personally in agricultural labour 
as aforesaid, or who is prevented from so earning his livelihood or engaging in agriculture by age or 
bodily infirmity or by necessary absence in the military service of 1[Pakistan], does not thereby cease 
to be an agriculturist within this definition.  
(b)  An assignee of Government assessment or a mortgagee is not as such an 
agriculturist within this definition.  
2nd.-In Chapters II, III, IV and VI, and in section 69, the term “agriculturist,” when used with 
reference to any suit or proceeding, shall include a person who, when any part of the liability which 
forms the subject of that suit or proceeding was incurred, was an agriculturist within the meaning of 
that word as then defined by law.  
3rd.- An agriculturist shall be deemed to reside where he earns his livelihood by agriculture or 
personally engages in agricultural labour as aforesaid.  
4th.-“Money” shall be deemed to include agricultural produce, implements and stock.  
5th.-“Lease” shall be deemed to include a counterpart, kabuliyat, and undertaking to cultivate 
or occupy, and an agreement to lease.  
6th.-“Standing crops” shall include crop s of all sorts attached to the soil, and leaves, flowers, 
and fruits upon, and juice in, trees and shrubs.]  
2[7th.-For the purposes of Chapters VIII and VIII-A and instrument or a copy of an instrument 
drawn up on a printed form by or under the superintendence of a village-registrar or of a sub-registrar 
shall be deemed to be an instrument or copy written or made by or under the superintendence of such 
registrar or sub -registrar. In this clause the term ‘printed form’ shall be deemed to include a form 
prepared by any mechanical copying press.]  
32A. [Jagirdars, etc., to be deemed Subordinate Judges. ] Rep. by the Federal Laws (Revision 
and Declaration) Act, 1951 (26 of 1951), s. 3 and II Schedule.  
CHAPTER II 
 
OF THE HEARING OF CERTAIN SUITS BY SUBORDINATE JUDGES 
3. Application of this Chapter. The provisions of this Chapter shall apply to–  
(a)  suits for an account, 4[whatever be the amount or value of the subject -matter 
thereof,] instituted 5* * * by an agriculturist in the Court of a Subordinate Judge 
under the provisions hereinafter contained, and  
(b)  suits of the descriptions next hereinafter mentioned 6* * *___  
 
1Subs. by A.O., 1961, Art. 2 and Sch., for “Her Majesty” (with effect from the 23rd March, 1956).  
2Cl. 7th ins. by the Bombay Repealing and Amending Act, 1910 (Bom.1 of 1910).  
3This section was ins. by the Dekkhan Agriculturists’ Relief Act, 1882 (22 of 1882) s. 4.  
4Ins. ibid., s. 5.  
5The words “on or after the first day of November, 1879,” rep. by the Amending Act, 1895 (16 of 1895), s. 2 and Sch. I.  
6The words “and instituted on or after the same date” rep. ibid. s. 2 and sch. .  
 
 
 
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 (1) when such suits are heard by Subordinate Judges of the first class and the subject -matter 
thereof does not exceed in amount or value five hundred rupees, or  
(2) when such suits are heard by Subordinate Judges of the second class and the subject matter 
thereof does not exceed in amount or value one hundred rupees, or  
 (3) when such suits are heard by Subordinate Judges of the second class and the subject-matter 
thereof exceeds one hundred rupees, but does not exceed five hundred rupees, in amount or value, and 
the parties to the suits agree that such provisions shall apply thereto.  
The descriptions of suits referred to in clause (b) are the following, namely:–  
(w)  suits for the recovery of money alleged to be due to the plaintiff– 
  on account of money lent or advanced to, or paid for, the defendant, or as the 
price of goods sold, or  
on an account stated between the plaintiff and defendant, or on a written or 
unwritten engagement for the payment of money not hereinbefore provided for  
(x)  suits for recovery of money due on contracts other than the above and suits for 
rent or for moveable property, or for the value of such property, or for damages; 
and  
(y)  suits for foreclosure or for the possession of mortgaged property , or for sale of 
such property, or for foreclosure 1[and] sale, when the defendant, or anyone of 
the defendants, 2* * * is an agriculturist; and  
(z)  suits for the redemption of mortgaged property when the plaintiff, or, where 
there are several plaintiffs, any one of the plaintiffs, is an agriculturist.  
4. Certain suits to be instituted in Courts of first class Subordinate Judges. Where a 
Subordinate Judge of the first class and a Subordinate Judge of the second class have ordinary 
jurisdiction in the same local area, every suit referred to in section 3, clause (b), and instituted in such 
local area, shall, if the amount or value of the subject-matter of such suits exceeds one hundred rupees 
and does not exceed five hundred rupees, be instituted in the Court of the Su bordinate Judge of the 
first class.  
5. Subordinate Judges not to act as Judges of Small Cause Courts . Notwithstanding 
anything contained in the 3[Sindh Civil Courts Act (XIV of 1869)], section 28, no Subordinate Judge 
shall be invested with the jurisdiction of a Judge of a Court of Small Causes 4* * *.  
 
 
 
1Subs. by the Dekkhan Agriculturists’ Relief Act, 1886 (23 of 1886), s. 5 for “or”.  
2The words “not being merely a surety for the principal debtor” rep. by the Dekkhan Agriculturists’ Relief Act, 1881 (23 of 1881), s. 5.  
3 Subs. by the Federal Laws (Revision and Declaration) Act, 1951 (26 of 1951), s. 4 and III Sch., for “ Bombay, Civil Courts Act, 1869” .  
4 The words “and any such jurisdiction heretofore conferred on any Subordinate Judge shall be deemed, except as regards suits instituted before the said 
first day of November, 1879, to have been withdrawn” rep. by the Amending Act, 1895 (16 of 1895), s. 2 and Sch. I.  
 
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6. Jurisdiction of Subordinate Judge and Small Cause Court. The l[Provincial Government] 
may, from time to time, by notification in the 2[official Gazette], direct that any class of suits which a 
Subordinate Judge would be precluded from hearing by section 12 of 3Act XI of 1865 (to consolidate 
and amend the law relating to Courts of Small Causes beyond the local limits of the ordinary original 
civil jurisdiction of the High Courts of Judicature), shall be heard and determine d by him and not 
otherwise, and may, by a like notification, cancel any such direction.  
7. Summons to be for final disposal of suit. In every case in which it seems to the Court 
possible to dispose of a suit at the first hearing, the summons shall be for the final disposal of the suit.  
Court to examine defendant as witness. In every suit the Court shall examine the defendant 
as a witness unless, for reasons to be recorded by it in writing, it deems it 4[clearly] unnecessary so to 
do.  
4[Explanation.___ The compulsory examination of the defendant shall not be dispensed with 
merely by reason of the fact that the defendant has filed a written statement.]  
8. [Written statements.] Rep. by the Dekkhan Agriculturists’ Relief Act, 1895 (VI of 1895), s. 3.  
9. [Record of evidence.] Rep. ibid.  
10. No appeal to lie. No appeal shall lie from any decree or order passed in any suit to which 
this Chapter applies.  
CHAPTER III 
OF SUITS AND OTHER PROCEEDINGS TO WHICH AGRICULTURISTS ARE PARTIES. 
5[10A. Power of Court to determine nature of transactions and to admit evidence of an 
oral agreement or statement. Whenever it is alleged at any stage of any suit or proceeding to which 
an agriculturist is a party that any transaction in issue entered into by such agriculturist or  the person, 
if any, through whom he claims was a transaction of such a nature that the rights and liabilities of the 
parties thereunder are triable wholly or in part under this Chapter, the Court shall, notwithstanding 
anything contained in section 92 of the Evidence Act, 1872 (I of 1872), 6[ or in section 49 of the 
Registration Act, 1908 (XVI of 1908)] or in any other law for the time being in force, have power to 
inquire into and determine the real nature of such transaction and decide such suit or proce eding in 
accordance with such determination and shall be at liberty, notwithstanding anything contained in any 
law as aforesaid, to admit evidence of any oral agreement or statement 7[or unregistered documents] 
with a view to such determination and decision:  
Provided that such agriculturist or the person, if any, through whom he claims was an 
agriculturist at the time of such transaction:  
Provided further that nothing in this section shall be deemed to apply to any suit to which a 
bona fide transferee for value without notice of the real nature of such transaction or his representative 
is a party where such transferee or representative holds under a registered deed executed more than 
twelve years before the institution of such suit.  
1 Subs. by A. O., 1937, for “L.G.”.  
2 Subs. ibid., for “local Gazette”.  
3 See now s. 16 of the Provincial Small Cause Courts Act,1887 (9 of 1887).  
4 Ins. by the Dekkhan Agriculturists’ Relief Act, 1895 (6 of 1895), s. 6.  
5 Ins. by the Dekkhan Agriculturists’ Relief (Amdt.) Act, 1907 (Bom. 2 of 1907), s. 2.  
6 Ins. by the Dekkhan Agriculturists’ Relief (Amdt.) Act, 1935 (Bom. 5 of 1935), s. 2.  
7 Ins. by the Dekkhan Agriculturists’ Relief (Amdt.) Act, 1935 (Bom. 5 of I935),s.2.  
 
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Illustrations  
(a)  A landlord sues for possession of land leased by him to an agriculturist. The 
defendant alleges that he mortgaged the land with possession to the lessor who 
is entitled to its possession only as such mortgagee and not as owner, and asks 
that he may be  allowed to redeem the mortgage without being ejected. The 
Court may admit evidence on this allegation, and, if satisfied that it is correct, 
may decline to eject the defendant as tenant, and allow the suit to be converted 
into one for redemption of the mortgaged property.  
(b)  An agriculturist sues to redeem property alleged to have been mortgaged by a 
deed in the form of a lease. The Court may admit evidence of the intention of 
the parties outside the deed in order to determine whether the transaction was a 
mortgage or a lease, and if satisfied that the transaction was a mortgage may 
enforce the deed as a mortgage-deed.  
(c)  A money-lender sues to enforce a sale-deed entered into by an agriculturist. It 
is alleged that there was a contemporaneous oral agreement that the transaction 
should be deemed to be a mortgage. The Court may admit evidence of such oral 
agreement, and if s atisfied of the existence of the agreement may decline to 
enforce the deed as a sale-deed.  
(d)  An agriculturist sues to redeem property alleged to have been mortgaged by a 
deed in the form of a sale. The Court may admit evidence of the intention of the 
parties outside the deed in order to dertermine whether the transaction was a 
mortgage or a sale, and if satisfied that the transaction was a mortgage may 
enforce the deed as a mortgage-deed.]  
11. Agriculturists to be sued where they reside. Every suit of the description mentioned in 
section 3, clause (w), may, if the defendant, or, when there are several defendants, one only of such 
defendants, is an agriculturist, be instituted and tried in a Court within the local limits of whose 
Jurisdiction such defendant resides, and not elsewhere.  
Every such suit in which there are several defendants who are agriculturists may be instituted 
and tried in a Court within the local limits of whose jurisdiction any one of such defendants resides, 
and not elsewhere.  
Nothing herein contained shall affect sections 22 to 25 (both inclusive) of the 1Code of Civil 
Procedure.  
12. History of transactions with agriculturist -debtor to be investigated. In any suit of the 
description mentioned in section 3, clause (w), in which the defendant or anyone of the defendants 2* 
* * is an agriculturist, and in any suit of the descriptions mentioned in section 3,  clause (y) or clause 
(z).  
 
 
1 See now the Code of Civil Procedure, 1908 (Act 5 1908).  
2 The words “not being merely a surety of the principal debtor” rep. by the Dekkhan Agriculturists’ Relief Act, 1881 (23 of 1881), s. 5.  
 
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l[the Court, if the amount of the creditor’s claim is disputed, shall examine both the plaintiff 
and the defendant as witnesses, unless, for reasons to be r ecorded by it in writing, it deems it 
unnecessary so to do, and shall inquire] into the history and merits of the case, from the commencement 
of the transactions between the parties and the persons (if any) through whom they claim, out of which 
the suit ha s arisen, first, with a view to ascertaining whether there is any defence to the suit on the 
ground of fraud, mistake, accident, undue influence or otherwise, and, secondly, with a view to taking 
an account between such parties in manner hereinafter provided.  
When the amount of the claim is admitted and the Court for reasons to be recorded by it in 
writing believes that such admission is true and is made by the debtor with a full knowledge of his 
legal rights as against the creditor, the Court shall not be bound so to inquire, but may do so if it thinks 
fit.  
In other cases in which the amount of the claim is admitted, the Court shall be bound to inquire 
as aforesaid.  
Section 9, clause first, of Bombay Regulation V of 1827 is repealed so far as regards any  suit 
to which this section applies.  
Nothing herein contained shall affect the right of the parties to require that any matter in 
difference between them be referred to arbitration.  
13. Mode of taking account. When the Court inquires into the history and  merits of a case 
under section 12, it shall___  
notwithstanding any agreement between the parties or the persons (if any) through whom they 
claim, as to allowing compound interest or setting -off the profits of mortgaged property without an 
account in lieu of interest, or otherwise determining the manner of taking the account,  
and notwithstanding any statement or settlement of account, or any contract purporting to close 
previous dealings and create a new obligation,  
open the account between the parties from the commencement of the transactions and take that 
account according to the following rules (that is to say):___  
(a)  separate accounts of principal and interest shall be taken:  
(b)  in the account of principal there shall be debited to the debtor such money as 
may from time to time have been actually received by him or on his account 
from the creditor, and the price of goods, if any, sold to him by the creditor, as 
part of the transactions:  
2[(c)  in the account of principal there shall not be debited to the debtor any sum in 
excess of a sum due or to accrue due under a decree which the debtor may have 
agreed directly or indirectly to pay in pursuance of any agreement relating to 
the satisfaction of the said decree:]  
 
1Subs. by the Dekkhan Agriculturists’ Relief Act, 1886 (23 of 1886), s. 6, “the Court shall, if the amount of the creditor’s claim is disputed, inquire”.  
2Subs. by the Dekkhan Agriculturists’ Relief (Amdt.) Act, 1932 (Bom. 14 of 1932). s. 2, for original cl. (c).  
 
 
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 (d)  in the account of principal there shall not be debited to the debtor any 
accumulated interest which has been converted into principal at any statement 
or settl ement of account or by any contract made in the course of the 
transactions, unless the Court, for, reasons to be recorded by it in writing, deems 
such debit to be reasonable:  
(e)  in the account of interest there shall be debited to the debtor, monthly, s imple 
interest on the balance of principal for the time being outstanding, at the rate 
allowed by the Court as hereinafter provided:  
(f)  all money paid by or on account of the debtor to the creditor or on his account, 
and all profits, service or other advantages of every description, received by the 
creditor in the course of the transactions (estimated, if necessary, at such money-
value as the Court in its discretion, or with the aid of arbitrators appointed by it, 
may determine), shall be credited first in the account of interest; and when any 
payment is more than sufficient to discharge the balance of interest due at the 
time it is made, the residue of such payment shall be credited to the debtor in 
the account of principal:  
(g)  the accounts of principal and interest shall be made up to the date of instituting 
the suit, and the aggregate of the balances (if any) appearing due on both such 
accounts against the debtor on that date shall be deemed to be the amount due 
at that date, except when the balance appearing due on the interest -account 
exceed that appearing due on the principal -account, in which case double the 
latter balance shall be deemed to be the amount then due.  
1[13A. In certain cases rent may be charged in lieu of profits. Where the mortgaged property 
is in the possession of the mortgagee or his tenants other than the mortgagor, and the Court is unable 
to determine what profits have been actually received, it may fix a fair rent for such property and 
charge to the mortgagee such rent as profits for the purpose of section 13 :  
Provided that, if it be proved that in any year there was an entire or serious failure of the crops, 
an abatement of the whole or part of such rent may be allowed for the year.]  
14. [Interest to be allowed.] Rep. by the Dekkhan Agriculturists’ Relief Act, 1895 (VI of 1895), 
s. 3.  
15. [Reference to arbitration in certain cases.] Rep., ibid.  
2[15A. Mortgagor entitled to decree for redemption through time fixed by mortgage has 
not arrived or debt has not been paid. In a suit of the description mentioned in section 3, clause (z), 
the Court shall not refuse to pass a decree for redemption merely on the ground that the time fixed for 
the payment of the principal of the mortgage -money has not arrived, or on the ground th at the 
mortgage-debt has not been completely discharged, or on both.]  
 
 
1 Section 13A was ins. by the Dekkhan Agriculturists’ Relief Act, 1895 (6 of 1895), s. 7.  
2Ss. 15A and 15B ins. by the Dekkhan Agriculturists’ Relief Act, 1882 (22 of 1882), s. 6.  
 
 
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1[15AA. Power of Court to name some future date for payment by the mortgagor. So far 
as it may be consistent with the provisions of this Act every decree for redemption or foreclosure of 
any mortgage, and every decree or order for the sale of any mortgaged property made at the instance 
of a mortgagee thereof, shall name such future day, not being less than six months after the date of 
such decree, as the Court may think reasonable for the payment by the mortgagor of the money payable 
under the decree, and no such foreclosure shall be made absolute nor shall any such sale take place 
before the day so named.]  
2[15B. Power to order payment by instalments in case of decree for redemption, 
foreclosure or sa le.–(1) The Court may in its discretion, in passing a decree for redemption, 
foreclosure or sale in any suit of the descriptions mentioned in section 3, clause (y) or clause (z), or in 
the course of any proceedings under a decree for redemption, foreclosur e of sale passed in any such 
suit, whether before or after this Act comes into force, direct that any amount payable by the mortgagor 
under that decree shall be payable in such instalments, on such dates and on such terms as to the 
payment of interest, and, where the mortgagee is in possession, as to the appropriation of the profits 
and accounting therefor, as it thinks fit.  
(2) If a sum payable under any such direction is not paid when due, the Court shall, except for 
reasons to be recorded by it in writi ng, instead of making an order for the sale of the entire property 
mortgaged or for foreclosure, order the sale of such portion only of the property as it may think 
necessary for the realisation of that sum.]  
3[(3) Power to continue the mortagagee in possession. In passing a decree for redemption or 
foreclosure in any such suit as aforesaid, the Court may direct that the amount payable by the 
mortgagor shall be discharged by continuing the mortgagee in possession for such further period as 
will enable him to recover his principal with reasonable interest, and that on the expiry of such period 
the property mortgaged shall be restored to the mortgagor.  
(4) When the amount payable to a mortgagee in possession has been determined in any such 
suit as aforesaid, the Court may in its discretion, instead of making an order for payment thereof, direct 
that the mortgagee be continued in possession for such period (to be specified by the Court) as will, in 
the opinion of the Court, be sufficient to enable him to recover from the profits the amount payable by 
the mortgagor together with reasonable interest, and that on the expiry of such period the property 
mortgaged shall be restored to the mortgagor.]  
4[15C. Power to order payment by instalments in suits for possession of mo rtgaged 
property.–(l) The Court may, if it thinks fit, in any suit for the possession of mortgaged property under 
section 3, clause (y), instead of passing a decree for possession of that property, pass a decree directing 
that the amount payable by the mor tgagor shall be payable in such instalments, on such dates and on 
such terms as to the payment of interest, and as to the appropriation of the profits and accounting 
therefor, as it thinks fit.  
(2) If a sum payable under any such direction is not paid when due, the Court may, if it thinks 
fit, instead of making any other order which it is empowered to make for the realisation of that sum 
make an order directing that the mortgagee be put in possession of the whole or any portion of the 
property mortgaged.  
 
1 Section 15AA, ins. by the Dekkhan Agriculturists’ Relief Act, 1895 (6 of 1895), s. 8.  
2 Ss. 15A and 15B ins. by the Dekkhan Agriculturists’ Relief Act, 1882 (22 of 1882), s. 6.  
3 Sub-sections (3) and (4) of section 15B, ins. ibid., s. 9.  
4 Ss.15C and 15D, ins. by the Dekkhan Agriculturists’ Relief Act, 1882 (22 of 1882), s. 6.  
 
 
Page 14 of 30 
 
15D. Mortgagor may sue for account. –(1) Any agriculturist whose property is mortgaged 
may sue for an account of the amount of principal and interest remaining unpaid on the mortgage and 
for a decree declaring that amount.  
(2) When any such suit is brought, the amount (if any) remaining unpaid shal l be determined 
under the same rules as would be applicable under this Act if the mortgagee had sued for the recovery 
of the debt.  
(3) At any time before the decree in the suit is signed, the plaintiff may apply to the Court to 
pass a decree for the redemption of the mortgage, or the mortgagee, if he would then have been entitled 
to sue for foreclosure or sale, may apply to the Court to pass a decree for foreclosure or sale (as the 
case may be), instead of a decree merely declaring the amount remaining unpaid, and the Court may, 
if it thinks fit, grant the application.  
(4) The provisions of section 15B shall apply to any decree passed under sub-section (3).]  
16. Agriculturist-debtors may sue for accounts. Any agriculturist may sue for an account of 
money lent or advanced to or paid for him by a creditor, or due by him to the creditor as the price of 
goods sold, or on a written or unwritten engagement for the payment of money, and of money paid by 
him to the creditor, and for a decree declaring the amount, if any, still payable by him to the creditor.  
Amount of debts in such cases to be determined according to foregoing provisions. When 
any such suit is brought, the amount (if any) payable by the plaintiff shall be determined under the 
same rules as would be applicable under this Act if the creditor had sued him for recovery of the debt.  
17. Decree under section 16 may provide for paym ent by instalments. Execution of 
decrees under this section. A decree passed under section 16 may, besides declaring the amount due, 
direct that such amount shall be paid by installments, with or without interest; and, when any such 
decree so directs, the plaintiff may pay the amount of such decree, or the amount of each installment 
fixed by such decree, as it falls due, into Court, in default whereof execution of the decree may be 
enforced by the defendant in the same manner as if he had obtained a decree,  in a suit to recover the 
debt.  
18. Payment into Court in cases under section 16. The plaintiff in any suit instituted under 
section 16 may at any stage of such suit deposit in Court such sum of money as he considers a 
satisfaction in full of the defendant’s claim against him.  
Notice of the deposit shall be given by the Court to the defendant, and the amount of the deposit 
shall (unless the Court otherwise directs) be paid to the defendant on his application.  
No interest shall be allowed to the defendant  on any sum so deposited from the date of the 
receipt of such notice, whether the sum deposited be in full of the claim or fall short thereof.  
19.[Power to discharge judgement -debtor. Power to direct institution of insolvency 
proceedings.] Rep. by the Dekkhan Agriculturists Relief Act, 1895 (VI of 1895), s. 3.  
20. Power to fix instalments in execution. The Court may at any time direct that the amount 
of any decree passed, whether before or after this Act comes into force, against an agriculturist, or the 
portion of the same which it directs under section 19 to be paid, shall be paid by instalments with or 
without interest.  
 
Page 15 of 30 
 
21. Arrest and imprisonment in execution of decree for money abolished. No agriculturist 
shall be arrested or imprisoned in execution of a decree for money l[passed whether before or after this 
Act comes into force].  
22. Immoveable property exempted from attachment and sale unless specifically pledged. 
2[Immoveable property belonging to an agriculturist 3* * *shall not be attached or so ld] in execution 
of any decree or order 4[passsed whether before or after this Act comes into force], unless it has been 
specifically mortgaged for the repayment of the debt to which such decree or order relates, and the 
security still subsists. 5[For the purposes of any such attachment or sale as aforesaid, standing crops 
shall be deemed to be moveable property].  
But the Court, 4[on application or of its own motion], may, when passing a decree against an 
agriculturist or 6[in the course of any proceedings  under a decree against an agriculturist passed 
whether before or after this Act comes into force], direct the Collector to take possession, for any 
period not exceeding seven years, of any such property of the judgment -debtor to the possession of 
which he is entitled, and which, in the opinion of the Collector, is not required for his support and the 
support of the members of his family dependent on him, and the Collector shall thereupon take 
possession of such property and deal with the same for the benef it of the decree -holder in manner 
provided by section 29.  
The provisions of section 31 shall, mutatis mutandis, apply to any property so dealt with.  
7[22A. Power of Collector to set aside sale. –(1) When any immoveable property belonging 
to an agriculturist has been sold by public auction under the provisions of section 325 of the 8Code of 
Civil Procedure (XIV of 1882), the sale may within thirty days from the date of the auction be set aside 
by the Collector, if he considers the price bid by the purchaser to be inadequate.  
(2) When the sale is so set aside the purchaser shall be entitled to receive back his deposit or 
his purchase-money, as the case may be, and the Collector may re -sell the property by public auction 
or private contract, as he thinks fit. Every such re-sale shall be deemed to be a sale under the provisions 
of section 325 of the 8Code of Civil Procedure (XIV of 1882).]  
23. Chapter not to apply to Village Munsifs’ Courts. No provision of this Chapter shall 
apply to the proce edings in the Courts of Village munsifs unless such provision has been specially 
extended thereto under the power hereinafter conferred.  
9CHAPTER IV 
 
OF INSOLVENCY 
24. Subordinate Judges to have jurisdiction in agriculturists’ cases. Every Subordinate 
Judge shall have the powers conferred by sections 344 to 359 (both inclusive) of the Code of Civil 
Procedure, as modified by the provisions next hereinafter contained, for the purpose of dealing with 
applications under the 10Code of Civil Procedure (X of 1877) or under this Act to have agriculturists 
1 Ins. by the Dekkhan Agriculturists’ Relief Act, 1882 (22 of 1882),s. 8.  
2 Subs. by the Dekkhan Agriculturists’ Relief Act, 1886 (23 of 1886), s. 7, for “No Agriculturist’s immoveable property shall be attached or sold”.  
3 The words “other than his standing crops” rep. by the Dekkhan Agriculturists’ Relief Act, 1895 (6 of 1895), s. 10.  
4 Ins. by Act 22 of 1882, s. 9.  
5 Ins. by Act 6 of 1895, s.10.  
6 Subs. by Act 22 of 1882, s. 9, for “or at any subsequent time”.  
7S. 22A ins. by the Dekkhan Agriculturists’ Relief (Amdt.) Act, 1907 (Bom. 2 of 1907), s. 3.  
8See now the Code of Civil Procedure, 1908 (5 of 1908), Sch.III.  
9The Provincial Insolvency Act, 1920 (5 of 1920), does not apply to cases to which this Chapter is applicable; see section 82 of that Act.  
10-Rep. by the Code of Civil Procedure (14 of 1882). For corresponding provisions, see Act 5 of 1920.  
 
 
 
Page 16 of 30 
 
residing within the local limits of his ordinary jurisdiction declared insolvent and proceedings, taken 
under orders passed under the second clause of section 19; and, except as provided in Chapter VII of 
this Act, no such application or proceeding shall be dealt with by any other Court.  
25. Agriculturists may apply for adjudication in cases not provided for by Code. Any 
agriculturist whose debts (if any) amount to fifty rupees or upwards may apply to any Subordinate 
Judge within th e local limits of whose ordinary jurisdiction he resides to be declared an insolvent, 
though he has not been arrested or imprisoned, and though no order of attachment has issued against 
his property, in execution of a decree.  
26. Modification of section 351 of the Code. Notwithstanding anything contained in section 
351 of the 1Code of Civil Procedure (X of 1877), the Court shall declare an agriculturist an insolvent 
if it is satisfied that he is in insolvent circumstances, and that the application to have him declared an 
insolvent has been properly made under section 344 of the said lCode or section 25 of this Act.  
27. Receiver. No person other than the nazir of the Court shall be appointed as receiver, and 
no receiver shall be entitled to commission.  
28. Proof of debts. In determining under section 352 of the said lCode the amount of any claim 
of the nature referred to in sectio n 12 of this Act due by an insolvent agriculturist, the Court shall 
proceed in the manner prescribed by sections 12 to 15 of this Act, both inclusive.  
29. Immoveable property not to vest in receiver, but may be managed for benefit of 
creditors. No immovea ble property of the insolvent shall vest in the receiver; but the Court, 2[on 
application or of its own motion,] may direct the Collector to take into his possession, for any period 
not exceeding seven years from the date on which the receiver has been app ointed, any immoveable 
property to the possession of which the insolvent is entitled, and which, in the opinion of the Collector, 
is not required for the support of the insolvent and the members of his family dependent on him, and, 
subject to any rules the 3[Provincial Government] may from time to time make in this behalf, to manage 
the same for the benefit of the creditors by letting it on lease or otherwise:  
Provided that, if the insolvent or his representative in interest at any time pays into Court the  
balance of the scheduled debts then unpaid, he shall, subject to any rights created in favour of other 
persons by the Collector, be entitled to recover possession of such property.  
A Collector managing property under this section shall during the managem ent have all the 
powers which the owner might as such have legally exercised, and shall receive and recover all rents 
and profits of such property, and for the purpose of recovering such rents and profits shall have, in 
addition to any powers possessed by an owner, all powers possessed by a Collector for securing and 
recovering the land-revenue due to Government except the powers mentioned in the Bombay Land -
revenue Code, 1879 (Bomb. V of 1879), section 150, clauses (b), (d) and (e).  
Nothing in this sectio n shall authorise the Court to direct the Collector to take into his 
possession any houses or other buildings belonging to and occupied by an agriculturist.  
 
 
1Rep. by the Code of Civil Procedure (14 of 1882). For corresponding provisions, see the Provincial Insolvency Act, 1920 (5 of 1920).  
2Ins. by the Dekkhan Agriculturists’ Relief Act 1882 (22 of 1882), s. 10.  
3Subs. by A. O., 1937, for “L. G.”.  
 
Page 17 of 30 
 
30. Secured debts. When any scheduled debt is secured by a mortgage of any portion of the 
insolvent’s immoveable property, the Court, l[on application or of its own motion], may direct the 
Collector, if he can obtain a premium equal to the amount of such debt by let ting such property for a 
term not exceeding twenty years, to let such property, and if he cannot so obtain such premium, to sell 
such property under section 325 of the 2Code of Civil Procedure (X of 1877).  
Where property is let under this section the premium shall be applied to the payment of the 
debt, and the rent, if any, shall for a period of seven years from the date of such letting be paid to the 
receiver and thereafter to the insolvent or his representative in interest.  
When property is sold under this section, the sale -proceeds shall be applied, first, to the 
payment of the debt, and the balance, if any, shall be paid to the receiver.  
31. Insolvent incompetent to sell etc., property dealt with under sections 29 and 30. So 
long as any management under section 29 or letting under section 30 continues, the insolvent and his 
representative in interest shall be incompetent to mortgage, charge, lease or alienate the property 
managed or let, or any part thereof.  
32. Scheduled debts discharged. When the balance available for distribution among the 
scheduled creditors under 3section 356 of the said Code has been distributed, the claims of such 
creditors shall be deemed to have been discharged, except as regards the right to share in the profits of 
any property managed by the Collector under section 29, or let by him under section 30.  
33. Appeals barred. No appeal shall lie from any order passed under this Chapter except orders 
passed in exercise of the power conferred by section 359 of the 4Code of Civil Procedure (X of 1877).  
CHAPTER V 
 
OF VILLAGE-MUNSIFS 
34. Appointment of Village-munsifs. The 5[Provincial Government] may, from time to time, 
appoint any patel of a village or any other person possessing local influence in a village to be a Village-
munsif for such village or for such village and for any other villages the sites of which are situate in 
the same district not more than two miles from the site of such village, and may cancel any such 
appointment.  
35. Suits triable by them. Every Village-munsif so appointed shall take cognizance of suits of 
the description mentioned in section 3, 6[clauses (w) and  
(x)],  when the subject -matter thereof does not exceed 7[twenty-five] rupees in amount or 
value, and a ll the defendants at the time of the commencement of the suit actually and voluntarily 
reside or carry on business or personally work for gain within the local area for which such Village -
munsif is appointed.  
 
 
1Ins. by the Dekkhan Agriculturists’ Relief Act, 1882 (22 of 1882), s. 10.  
2See now the Code of Civil Procedure, 1908 (5 of 1908), Sch. III, para. 9.  
3See now the Provincial Insolvency Act, 1920 (5 of 1920), s. 61(5).  
4Rep. by the Code of Civil Procedure (14 of 1882).  
5Subs. by A.O., 1937, for “ L.G.”.  
6Subs. by the Dekkhan Agriculturists’ Relief (Amdt.) Act, 1927 (Bom. 7 of 1927), s. 2, for “clause (w)”. 
7Subs. by the Dekkhan Agriculturists’ Relief (Amdt.) Act, 1927 (Bom. 7 of 1927) s. 2, for “ten”.  
  
 
Page 18 of 30 
 
Jurisdiction of other Courts excluded. Notwithstanding anything hereinbefore contained, a 
suit cognizable by a Village-munsif shall not be heard by any other Court:  
Proviso. Provided that the District Judge may, from ti me to time, transfer any suit instituted 
before a Village-munsif to his own Court or any other Civil Court in the district for trial:  
Provided also that no Village -munsif shall try any suit to or in which he is a party or is 
personally interested, or shal l adjudicate upon any proceeding connected with or arising out of such 
suit.  
36. District Judge’s power of revision. The District Judge may, on a petition being presented 
within thirty days from the date of any decree or order of a Village -munsif by any p arty deeming 
himself aggrieved by such decree or order, set aside such decree or order on the ground of corruption, 
gross partiality or misconduct of the Village -munsif 1[or on the ground that the Village -munsif has 
exercised a jurisdiction not vested in him by law] and pass such other decree or order as he thinks fit.  
Except as provided in this Act and in section 622 of the 2Code of Civil Procedure (X of 1877), 
every decree and order of a Village-munsif shall be final.  
37. Power of Provincial Government to make rules. The 3[Provincial Government] may, 
from time to time, by notification in the official Gazette, make rules consistent with this Act for 
regulating the procedure of Village -munsifs and for conferring on them or any of them all or any of 
the powers for the trial of suits or the execution of decrees exercised by a Civil Court under the 3Code 
of Civil Procedure (X of 1877) or any other enactment for the time being in force.  
CHAPTER VI 
 
OF CONCILIATION 
38. Appointment of Conciliators. The 3[Provincial Govemment] may, from time to time, 
appoint any person other than an officer of Police to be a Conciliator and may cancel any such 
appointment.  
Every Conciliator appointed under this section shall be appointed only for a term not exceeding 
three years, but may, on the expiration of the period for which he has been appointed, be again 
appointed for a further term not exceeding three years.  
Every Conciliator so appointed shall exercise his functions under this Act in respect of matters 
affecting agriculturists residing within such local area as the 3[Provincial Government] may, from time 
to time, prescribe.  
[The expression “officer of Police” in this section shall not be deemed to include a Police patel 
appointed under Bombay Act No. VIII of 1867 (for the Regulation of the Village -police in the 
Presidency of Bombay).]  
 
 
 
1Ins. by the Dekkhan Agriculturists’ Relief Act, 1895 (6 of 1895), s. 11.  
2See now the Code of Civil Procedure, 1908 (Act 5 of 1908), s. 115.  
3Subs. by A. O., 1937, for “L. G.”.  
 
Page 19 of 30 
 
39. Matters which may be brought before Conciliator. When any dispute arises as to, or 
there is a prospect of litigation regarding, any matter within the cognizance of a Civil Court between 
two or more parties one of whom is an agriculturist residing within any local area for which a 
Conciliator has been appointed, or when application for execution of any decree in any suit to which 
any such agriculturist is a party, and which was passed before the date on which this Act comes into 
force, is contemplated, any of the parties may apply to such Conciliator to effect an amicable settlement 
between them.  
40. Procedure thereupon. If the application be made by one of the parties only, the Conciliator 
shall take down, or cause to be taken down, in writing a concise statement of the applicant’s case, and 
shall thereupon, by summons or by such other means as he deems fit, invite the person against whom 
such application is made to attend before him at a time and place to be fixed for this purpose, and shall 
direct the applicant also to be present at such time and place.  
Day for attendance may from time to time be postponed. If such person fails to appear at 
the time first fixed, the Conciliator may, if he thinks fit, from time to time extend the period for his 
appearance.  
2[A Conciliator empowered by the 1[Provincial Government] in this behalf may, instead of 
inviting, direct the person against whom the application is made to attend at the time and place either 
first or subsequently fixed.  
If an applicant, or a person against whom an application is made, fails to be pre sent or attend 
at the time and place specified in a direction proceeding from a Conciliator under this section, he shall 
be deemed to have committed an offence under section 174 of the Pakistan Penal Code (XLV of 
1860).]  
41. When all parties appear, Conciliator to endeavour to reconcile them. Whenever all the 
parties are present, the Conciliator shall call upon each in turn to explain his case regarding the matter 
in question, and shall use his best endeavours to induce them to agree to an amicable settlem ent or to 
submit such matter to arbitration.  
42. Conciliator to hear statements of witnesses etc. The Conciliator shall hear but shall not 
record the statement of any witness, and shall peruse any book of account or other document produced 
by the parties, or so much thereof as may be necessary, and if any party or witness consents in writing 
to affirm any statement upon oath in any form not repugnant to justice or decency and not purporting 
to affect any third person, shall provide for such oath being duly taken in the presence of all the parties.  
43. Any agreement arrived at to be reduced to writing. If on the day on which the case is 
first heard by the Conciliator, or any subsequent day to which he may adjourn the hearing, the parties 
come to any agreeme nt, either finally disposing of the matter or for referring it to arbitration, such 
agreement shall be forthwith reduced to writing, and shall be read and explained to the parties, and 
shall be signed or otherwise authenticated by the Conciliator and the parties respectively.  
Explanation.-A Conciliator may be appointed arbitrator under this section.  
 
 
1Subs. by A.O., 1937, for “L.G.”.  
2Ins. by the Dekkhan Agriculturists’ Relief Act, 1881 (23 of 1881), s. 7  
 
Page 20 of 30 
 
1[44. Procedure when agreement finally disposes of case and in other circumstances.–(1) 
When the agreement is one finally disposing of the matter, the Conciliator shall forward the same in 
original to the Court of the Subordinate Judge of lowest grade having jurisdiction in the place where 
the agriculturist who is a party thereto resides, and shall at the same time deliver to each of the parties 
a written notice to show cause before such Judge, within one month from the date of such delivery, 
why such agreement ought not to be filed in such Court.  
(2) The Court which receives the agreement shall in all cases scrutinise the same, and if it thinks 
that the agreement is a legal and equitable one finally disposing of the matter, and that it has not been 
made in fraud of the stamp or registration laws, it shall, after the expiry of the said period of one month, 
unless cause has been shown as aforesaid, order such agreement to be filed; and it shall then take effect 
as if it were a decree of the said Court passed on the day on which it is ordered to be  filed and from 
which no appeal lies.  
(3) If the said Court thinks that the agreement is not a legal or equitable one, or that it does not 
finally dispose of the matter, or that it has been made in fraud of the stamp or registration laws, it shall 
of its own motion issue process for the attendance of the parties, and if after such inquiry as may be 
deemed necessary the Court finds that such agreement is a legal and equitable one finally disposing of 
the matter, and that it has not been made in fraud of the  stamp or registration laws, it shall order such 
agreement to be filed, and it shall then take effect as if it were a decree of the said Court passed on the 
day on which it is ordered to be filed, and from which no appeal lies.  
(4) If on the other hand, t he said Court finds that the agreement does not constitute a legal or 
equitable agreement, or that it does not finally dispose of the matter, or that it has been made in fraud 
of the stamp or registration laws, it shall return the said agreement to the Con ciliator, and such 
Conciliator shall thereupon be bound to furnish on demand to the parties or any one of them a 
certificate under section 46.  
(5) The Court may in any case, for reasons to be recorded by it in writing, from time to time 
extend the period of one month allowed for showing cause under this section.]  
45. Procedure where agreement is for reference to arbitration. When the agreement is one 
for referring the matter to arbitration, the Conciliator shall forward it to the Court having jurisdiction  
in the matter, and such Court shall cause it to be filed and proceed thereon in manner provided by 
sections 523 and 524 of the 2of Civil Procedure (X of 1877).  
46. Certificate to be given to applicant if conciliation fails. If the person against whom any 
application is made before a Conciliator cannot after reasonable search be found or if he refuses or 
neglects after a reasonable period has been allowed for his appearance, to appear before the 
Conciliator, or if he appears but the endeavour to induce the parties to agree to an amicable settlement 
or to submit the matter in question to arbitration fails, the Conciliator shall, on demand, give to the 
applicant, or when there are several applicants to each applicant, a certificate under his hand to that 
effect.  
 
 
 
1Subs. by the Dekkhan Agriculturists’ Relief Act, 1895 (6 of 1895), s. 12, for the original section.  
2See now the Code of Civil Procedure, 1908 (Act 5 of 1908), Sch. II, rules 17 and 19.  
 
Page 21 of 30 
 
47. Suit, or application for execution, not to be entertain ed by Civil Court unless such 
certificate is produced. No suit, and no application for execution of a decree passed before the date 
on which this Act comes into force, to which any agriculturist residing within any local area for which 
a Conciliator has been appointed is a party, shall be entertained by any Civil Court unless the plaintiff 
produces 1[a certificate in reference thereto obtained by him under section 46 within the year 
immediately preceding.]  
2[Explanation.___ The expression “Civil Court” in this section does not include a Mamlatdar’s 
Court under Bombay Act No. III of 1876 3(to consolidate and amend the law relating to the powers 
and procedure of Mamlatdar’s Courts).]  
4[48. Allowance to be made in period of limitation. In computing the period of limitation 
prescribed for any such suit or application the time intervening between the appl ication made by the 
plaintiff under section 39 and the grant of the certificate under section 46 shall be excluded.  
5*  *  *  *  *  *  *  
648A. [Repealed.]  
49. Provincial Government to make rules. The 7[Provincial Government] may from time to 
time make rules–  
(a)  regulating the procedure before Conciliators in matters not provided for by this 
Act;  
(b)  fixing the charges to be made by Conciliators for anything done by them under 
this Chapter ; and  
(c)  determining what record and accounts shall be kept by Conciliators, and what 
returns shall be framed and furnished by them.  
CHAPTER VII 
 
SUPERINTENDENCE AND REVISION 
50. District Judge to inspect, etc. The District Judge shall inspect, supervise and contr ol the 
proceedings, under 8[Chapter II, Chapter IV and Chapter VI] of this Act, of all Subordinate Judges and 
the proceedings of all Village munsifs and Conciliators.  
9[51. District Judge may withdraw case from Conciliator or Subordinate Judge. The 
District Judge may__  
 
 
1Subs. by the Dekkhan Agriculturists’ Relief Act, 1882 (22 of 1882), s. 13, for “such certificate as aforesaid in reference thereto”.  
2Ins. by the Dekkhan Agriculturists’ Relief Act, 1881 (23 of 1881), s. 9.  
3See now the Mamlatdars Courts Act, 1906 (Bom. 2 of 1906).  
4Subs. by Act 23 of 1881, s. 10, for the original section.  
5The second paragraph was rep. by the Amending Act, 1891 (12 of 1891).  
6S. 48A, which was ins. by the Bombay Repealing and Amending Act, 1910 (Bom.1 of 1910), was rep. by the Dekkhan Agriculturists ’ Relief (Amdt) 
Act, 1912 (Bom. 1 of 1912), s. 3.  
7Subs. by A.O., 1937, for “L. G”.  
8Subs. by the Dekkhan Agriculturists’ Relief Act, 1882 (22 of 1882), s. 14, for “Chapter II and Chapter IV”.  
9Subs. by the Dekkhan Agriculturists’ Relief Act, 1881 (23 of 1881), s. 11, for the original section.  
 
 
Page 22 of 30 
 
 (a)  transfer any application pending before a Conciliator to the file of any other 
Conciliator;  
(b)  1[transfer from the Court of one Subordinate Judge to another any suit or any 
agreement pending before a Subordinate Judge under section 44 of this Act; or] 
transfer to his own file any suit or other matter pending before the Court of any 
Subordinate Judge under 2[Chapter II, Chapter IV or Chapter VI] of this Act, 
and may dispose of the same as if he were a Subordinate Judge; or  
(c)  or sit with Subordinate Judge as a Bench for trial of any case. stay the 
proceedings in any such suit or matter, and sit together with such Judge as a 
Bench to dispose of such suit or matter in accordance with the provisions of this 
Act.  
If the members of any Bench sitting under this section differ in opinion the opinion of the 
District Judge shall prevail.]  
3[52. Appointment of Assistant or Subordinate Judges to aid District Judge. –(1) The 
4[Provincial Government] may appoint an Assistant or Subordinate Judge to inspect and supervise, 
subject to the control of the District Judge, the proceedings of all Subordinate Judges under Chapter 
II, Chapter IV and Chapter VI of this Act , and of all Village munsifs and Conciliators in any district 
or part of a district to which this Act applies:  
Provided that, if the 4[Provincial Government] thinks fit, the same Assistant or Subordinate 
Judge may be so appointed for two or more such districts or parts of districts or districts and parts of 
districts.  
(2) The District Judge may, by order, confer upon any Assistant or Subordinate Judge appointed 
under this section as regards any district or part of a district for which he is so appointed, all or any of 
the powers specified in the order which vest in the District Judge under section 51.]  
53. of revision. The District Judge may, for the purpose of satisfying himself of the legality or 
propriety of any decree or order passed by a Subordinate Judge in any suit or other matter under 
5[Chapter II, Chapter IV or Chapter VI] of this Act, and as to the regularity of the proceedings therein, 
call for and examine the record of such suit or matter, and pass such decree or order thereon as he 
thinks fit;  
and any Assistant Judge or Subordinate Judge appointed by the 4[Provincial Government] 
under section 52 may similarly, in any district for which he is appoi nted, call for and examine the 
record of any such suit or matter, and if he see cause therefor, may refer the same, with his remarks 
thereon, to the District Judge, and the District Judge may pass such decree or ord er on the case as he 
thinks fit:  
Provided that no decree or order shall be reversed or altered for any error or defect or otherwise, 
unless a failure of justice appears to have taken place.  
 
1Ins. by the Dekkhan Aglriculturists’ Relief Act, 1895 (6 of 1895), s. 13.  
2Subs. by Act 22 of 1882, s.14 for “Chapter II or Chapter IV”.  
3Subs. by Act 6 of 1895, s. 14, for the original section.  
4Subs. by A.O., 1937, for “L.G.”  
5Subs. by the Dekkhan Agriculturists’ Relief Act, 1882 (22 of 1882), s. 14, for Chapter II or Chapter IV”.  
 
 
Page 23 of 30 
 
54. Special Judge. The 1[Provincial Government] from time to time may 2* * * appoint an 
officer, as Special Judge, to discharge in the place of the District Judge all the functions of the District 
Judge under this Act in respect of the proceedings of all Subordinate Judges, Village munsifs and 
Conciliators, and may cancel any such appointment.  
Such Special Judge shall not, without the previous sanction of the 3[Provincial Government], 
discharge any public function except those which he is empowered by this Act to discharge.  
If any conflict of authority arises between the Special Judge and the District Judge, the High 
Court shall pass such order thereon consistent with this Act as it thinks fit.  
No appeal shall lie from any decree or order passed by the District Judge under this Chapter, 
or by the Special Judge, or by an Assistant or Subordinate Judge appointed under section 52, or by a 
Bench, in any suit or proceeding under this Act.  
4[But the District Judge or Special Judge, or any Assistant or Subordinate Judge or Bench, may 
refer to the High Court, under 5section 617 of the Code of Civil Procedure (XIV of 1882), any question 
of law, or usage having the force of law, or the construction of a document, arising in any case pending 
before him or it under this Chapter as if that case were a suit or an appeal pen ding before him or it ; 
and, in respect of every reference so made, 2sections 618 to 621 of the said Code, both inclusive, shall 
apply:  
Provided that no reference shall be made under this section by any Assistant or Subordinate 
Judge, or by any Bench of w hich the District Judge or Special Judge is not a member, without the 
previous sanction of the District Judge or Special Judge, as the case may be.]  
CHAPTER VIII 
 
REGISTRATION BY VILLAGE-REGISTRARS 
55. Appointment of Village registrars. The 6[Provincial G overnment] may from time to 
time,–  
(a)  appoint such persons as it thinks fit, whether public officers or not, to be Village 
registrars for such local areas as it may, from time to time, prescribe;  
(b)  direct the Village -registrar for any local area to discharge the functions of a 
Village-registrar for any other local area s concurrently with the Village 
registrars of such other local areas; and  
(c)  delegate to any person, by name or in virtue of his office the powers conferred 
on it by this section;  and may cancel any such appointment, direction or 
delegation.  
 
 
1Subs. by A.O.,1937, for “L.G” .  
2The words “and if the G. of I so direct shall” rep. by the Devolution Act, 1920 (38 of 1920), s. 2 and Sch. I.  
3Subs. by A. O.,1937, for “L. G.”., which had been subs. by Act 38 of 1920, s.2 and Sch., I, for “G. of I.”.  
4Ins. by the Dekkhan Agriculturists’ Relief Act, 1882 (22 of 1882) s. 15.  
5See now the Code of Civil Procedure, 1908 (5 of 1908 ), s. 113 and Order 46, rules 1 to 5.  
6Subs. by A. O., 1937, for” L. G.”.  
 
Page 24 of 30 
 
56. Instruments executed by agriculturist not to be deemed valid unless executed before 
a Village-registrar. No instrument which purports to create, modify, transfer, evidence or extinguish 
an obligation for the payment of money or a charge upon any property, or to be a conveyance or lease, 
and which is executed after this Act comes into force by an agriculturist residing in any local area for 
which a Village -registrar has been appointed, shall be admitted in evidence for any purpose by any 
person having by law or consent of parties authority to receive evidence, or shall be acted upon by any 
such person or by any public officer, unless such instrument is written by, or under the superintendence 
of, and is attested by, a Village-registrar:  
Provided that nothing herein contained shall prevent the admission of any instrument in 
evidence in any criminal proceeding, 1[or apply to any instrument which is executed by an agriculturist 
merely as a surety,] 2[or to any instrument required by section 17 of the 3lndian Registration Act, 1877 
(III of 1877), to be registered under that Act].  
4[57. Such instruments to written by, or under the superintendence of, a Village-registrar 
and executed in his presence. When any persons intend to execute any instrument to which section 
56 applies, all such persons shall appear before the Village -registrar appointed for the area in which 
the agriculturist, or, when there are several agriculturists intending to execute the instrument, anyone 
of such agriculturists, resides, and such registrar, after satisfying himself in such manner as he deems 
fit as to the  identity of the intending executants and receiving the fee (if any) prescribed by the 
5[Provincial Government] in this behalf, and the stamp (if any) which may be required by law, shall 
write the instrument, or cause the same to be written under his superintendence; and, after reading the 
same aloud, or causing it to be so read, in the hearing of the intending executants, shall require them 
to execute it in his presence.  
Attestation of such instruments. Every instrument so written and executed shall at th e time 
of execution be attested by the Village-registrar, and also, if any of the executants thereof is unable to 
read such instrument, by two respectable witnesses.  
For the purposes of this section every executant of any such instrument shall appear in p erson 
before the Village-registrar; but every other party thereto may appear either in person or by any agent, 
being his relative, servant or dependent, whom he has duly furnished with a power -of-attorney, 
6[executed and authenticated in such manner as the 5[Provincial Government] may, from time to time, 
by rule prescribe,] authorizing him to appear and act on his behalf.]  
58. Registration of instruments by Village -registrars. Every Village-registrar shall keep a 
register of instruments executed before him in such form as shall, from time to time, be prescribed by 
the Inspector-General of Registration.  
As soon as all the 7[intending executants have executed any instrument] before a Village -
registrar, he shall make a copy of it or cause a copy of it to be m ade in his register, and shall deliver 
the original instrument to the party entitled to the custody of the same 8* * *.  
 
1Ins. by the Dekkhan Agriculturists’ Relief Act, 1881 (23 of 1881), s. 12.  
2Ins. by the Dekkhan Agriculturists’ Relief Act. 1886 (23 of 1886), s.9.  
3See now the Registration Act, 1908 (16 of 1908).  
4Subs. by Dekkhan Agriculturists’ Relief Act, 1881 (23 of 1881), for the original section.  
5Subs. by A.O., 1937, for “L.G.”.  
6Ins. by the Dekkhan Agriculturists’ Relief Act, 1882 (22 of 1882), s. 16.  
7Subs. by Act 23 of 1881, s.14, for “parties to any instrument have executed it”.  
8The words “and a certified copy thereof to the other party, or to each of the other parties if there be more than one” rep. by the Dekkhan Agriculturists’ 
Relief Act, 1886 (23 of 1886), s. 10 (1).  
 
 
Page 25 of 30 
 
Previous to delivery, the original instrument 1* * *shall  be endorsed under the Village -
registrar’s signature, with the date of registration, the name and residence of the Village-registrar, and 
the volume and page of the register in which the instrument has been registered.  
2[A certified copy of any entry in t he register shall be granted by the Village -registrar, free of 
charge, on the application of any party to the instrument to which the entry relates, or of his agent or 
representative, and the copy shall be admissible as evidence of the contents of the instrument.] 
59. Consideration to be fully stated in every instrument executed before a Village -
registrar. In every instrument written by, or under the superintendence of, the Village -registrar, the 
amount and nature of the consideration, if any, shall be fully stated.  
The Village-registrar shall also endorse upon the instrument a note under his hand, recording 
whether or not the transfer of the consideration stated therein, or of any part thereof, took place in his 
presence.  
Previous instruments to be produc ed. If the instrument modifies, or wholly or partly 
supersedes, a previous instrument, such previous instrument shall be produced before the Village -
registrar and shall be fully described in the instrument to be executed, and shall be marked by the 
Village-registrar under his hand for identification:  
Production of copy of previous instrument when to be permitted. 3[Provided that, if it is 
alleged that any such previous instrument is on the record or otherwise in the custody of a Court, or is 
lost, or has been destroyed, the Village-registrar, after ascertaining that such previous instrument was 
duly registered, may permit a certified copy thereof to be produced in lieu of the original; and in every 
such case the following procedure shall be observed, that is to say:  
(a)  the contents of the certified copy shall be fully described in the modifying or 
superseding instrument, and the said copy shall be marked by the Village -
registrar under his hand for identification, and shall then be delivered to the 
person who produced it ;  
(b)  if the previous instrument is lost, or has been destroyed, and the registered entry 
thereof is in his custody, the Village-registrar shall endorse on such entry a note 
under his hand as to the modification or supersession of the said instrument;  
(c)  if the previous instrument is in the custody of a Court, or if it is lost, or has been 
destroyed, and the registered entry thereof is in the custody of another officer, 
the Village-registrar shall forward a certified copy of the entry i n his register 
relating to the modifying or superseding instrument to such Court or Officer, 
with a report explaining the circumstances, and such Court or officer shall on 
receipt thereof endorse on such previous instrument or registe red entry a note 
as to the modification or supersession of the said instrument.]  
 
 
 
1The words “and each such copy” rep. ibid., s. 10 (2).  
2Ins. ibid., s. 10 (3).  
3Provisions by the Dekkhan Agriculturist’s Relief Act, 1902 (Bom. 1 of 1902), section 3.  
 
 
Page 26 of 30 
 
60. Registration under this Act to be deemed equivalent to registration under Indian 
Registration Act, 1877. Every instrument executed and registered in accordance with the foregoing 
provisions shall be deemed to have been duly registered under the provisi ons of the 1lndian 
Registration Act, 1877(III of 1877) ; and no Instrument which ought to have been executed before a 
Village-registrar but has been otherwise executed shall be registered by any officer acting under the 
said Act, or in any public office, or shall be authenticated by any public officer.  
2[61. Superintendence of Village-registrars and custody and destruction of their records.–
(1) The 3[Provincial Government] may appoint one or more officers to exercise by themselves or their 
subordinates a ge neral superintendence over all Village -registrars, and may either make rules, or 
empower such officer or officers to make rules, from time to time, consistent with this Act, for 
regulating the proceedings of the Village-registrars and for providing for the custody of their records.  
(2) The 3[Provincial Government] may, by order to be published in the 4[official Gazette], 
declare that any documents other than wills remaining unclaimed in any registration office in any 
district or part of a district to which this Act applies, for a period exceeding two years, may be 
destroyed.]  
62. Exemption of instruments to which the Government or any officer of the Government 
is a party. Nothing in this Act shall be deemed to require any instrument, to which 5[the Government] 
or any officer 6[of the Government] in his official capacity is a party, to be executed before a Village-
registrar 7* * *.  
63. Power of Provincial Government to make rules. The 3[Provincial Government] may, 
from time to time, make rules regulating the appointment, suspension, dismissal and remuneration of 
Village-registrars, and prescribing the fees to be levied by them.  
8[CHAPTER VIIIA 
 
REGISTRATION OF INSTRUMENTS REFERRED TO IN SECTION 17 OF 
 
THE 9INDIAN REGISTRATION ACT, 1877 
63A. Mode of execution by agriculturists of instruments required to be registered under 
Act III of 1877. –(1) When an agr iculturist intends to execute any instrument required by section 17 
of the 8Indian Registration Act, 1877 (III of 1877), to be registered under that Act, he shall appear 
before the Sub-registrar within whose sub-district the whole or some portion of the property to which 
the instrument is to relate is situate, and the Sub -registrar shall write the instrument, or cause it to be 
written, and require it to be executed, and attest it and, if the executant is unable to read the instrument, 
cause it to be further  attested, and otherwise act in accordance with the procedure prescribed for a 
Village-registrar by sections 57 and 59 of this Act, and shall then register the instrument in accordance 
with the provisions of the 8Indian Registration Act, 1877 (III of 1877).  
 
1See now the Registration Act, 1908 (16 of 1908).  
2 Subs. by the Dekkhan Agriculturists’ Relief Act, 1895 (6 of 1895) s. 15, for original s. 61.  
3Subs. by A. O., 1937 , for “L. G”.  
4Subs. ibid., for “Govt. Gazette”.  
5The original words “the Govemment” were first subs. by A.O., 1937 and then amended by A.O., 1961, Art. 2 (with effect from the 23rd March, 1956), 
to read as above.  
6The original words “of Government” were first subs. by A.O.1937 and then amended by A.O., 1961, Art. 2 (with effect from the 23rd March, 1956), to 
read as above.  
7The words “or any Society registered under the Co-operative Credit Societies Act, 1904.” which were ins. by the Bombay Repealing and Amending Act, 
1910 (Bom. 1 of 1910), were rep. by the Dekkhan Agriculturists’ Relief (Amdt.) Act, 1912 (Bom. 1 of 1912), s. 3.  
8Ch. VIII/ins. by the Dekkhan Agriculturists’ Relief Act, 1886 (23 of 1886), section 11.  
9See now the Registration Act, 1908 (16 of 1908).  
 
Page 27 of 30 
 
(2) An instrument to which sub -section (1) applies shall not be effectual for any purpose 
referred to in section 49 of the Act last-mentioned unless it has been written, executed and attested in 
the manner provided in that sub-section.] 1* * *.  
CHAPTER IX 
 
OF RECEIPTS AND STATEMENTS OF ACCOUNT 
64. Agriculturists entitled to written receipts. The person to whom any agriculturist makes 
any payment of money in liquidation of a debt shall, at the time of such payment, tender to such 
agriculturist, whether he demand the same or not, a written receipt for the amount of such payment.  
If such payment is made under any instrument executed before a Village -registrar, the receipt 
shall, if the agriculturist so require, be endorsed on the copy of the instrument furnished to him under 
section 58.  
65. Agriculturists entitled to annual statements of account. Any agriculturist by whom any 
money is due under any instrument shall, on such date in each year as the 2[Provincial Government], 
having regard to local custom, may from time to time, by notification in the official Gazette, fix, be 
entitled to receive on demand, from the person claiming under such instrument, a statement up to that 
date of his account under such instrument.  
66. Agriculturists entitled to have account made up from time to time in a pass-book. Any 
agriculturist in whose name an account is kept by any trader or money-lender shall be entitled to receive 
from such trader or money-lender, on demand, a pass-book; and to require, from time to time, that his 
account up-to-date be written therein and authenticated by the signature or mark of the said trader or a 
money-lender.  
An entry so made in any such pass -book of any payment made to the trader or money -lender 
shall be deemed to be equivalent, for the purposes of section 64, to the grant of a receipt for the amount 
so entered.  
No person whose account has been written in a pass -book as required by this section shall be 
entitled also to demand an account under section 65.  
67. Penalty for contravention of sections 64 to 66. Any person who, in contravention of 
section 64, 65 or 66, refuses or negl ects to tender a receipt or a statement of account or a pass -book, 
or to write, or cause to be written, any account or any part of an account in a pass-book, or to attest the 
same when so written, shall be punished for each such offence with fine which may  extend to one 
hundred rupees.  
CHAPTER X 
 
LEGAL PRACTITIONERS 
3[68. Pleaders, etc., excluded in certain cases. No pleader, vakil or mukhtar, and no advocate 
or attorney of a High Court, shall be permitted to appear on behalf of any party to any case befor e a 
Conciliator or a Village-munsif 4* * *:  
1The words “sub-section (1) shall not apply to any instrument to which any Society registered under the Co -operative Credit Societies Act, 1904, is a 
party”, which were ins. by the Bombay Repealing and Amending Act, 1910 (Bom. 1 of 1910), have been rep. by the Dekkhan Agriculturists’ Relief 
(Amdt.) Act, 1912 (Bom. 1 of 1912), s.3.  
2Subs. by A. O., 1937, for “L.G.”.  
3Subs. by the Dekkhan Agriculturists’ Relief Act, 1881 (23 of 1881), s. 15, for the original section 68.  
4The words “the subject-matter whereof does not exceed in amount or value one hundred rupees” rep. by the Dekkhan Agriculturists’ Relief Act, 1882 
(22 of 1882),s.17.  
 
 
Page 28 of 30 
 
Provided that any party to any such case may be permitted, on reasonable cause being shown 
to the satisfaction of the Conciliator or Village -munsif, to employ any relative, servant or dependent 
who is not, and has not previously been, a pleader, vakil or mukh tar, or an advocate or attorney of a 
High Court, to appear either conjointly with, or in lieu of, such party.  
When a relative, servant or dependent appears in lieu of a party, he shall be furnished by him 
with a power-or-attorney defining the extent to which he is empowered to act.]  
69. Power of Court to appoint pleader for agriculturist. When in any suit or proceeding 
before a Subordinate Judge under this Act to which an agriculturist is a party, any pleader, vakil or 
mukhtar, or any advocate or attorney of a High Court, appears on behalf of any party opposed to such 
agriculturist, the Subordinate Judge, if he is of opinion that such agriculturist has not the means of 
obtaining proper professional assistance, may, with the consent of such agriculturist, d irect the 
Government pleader or any other fit person (who is willing so to do) to appear on his behalf.  
CHAPTER XI 
 
MISCELLANEOUS 
70. Mortgages, etc., to be valid only when written. No mortgage, lien or charge of or upon 
any immoveable property belonging to an agriculturist shall be valid unless it is created by an 
instrument in writing under the hand of the person creating such mortgage, lien or charge.  
Nothing in this section shall apply to any mortgage, lien or charge created by mere operation 
of law, or in favour of the Government or of any officer of the Government in his official capacity.  
1[71. Bar of application of section 258, Act XIV of 1882. The last clause of section 258 of 
the 2Code of Civil Procedure (XIV of 1882) shall not apply to payments out of Court made in any 
proceeding under this Act, in any case where an acknowledgement by the  judgment creditor for the 
same is produced, or when the payment is either admitted by him or proved.]  
3[71A. Rate of interest allowable on taking an a ccount. In taking an account under section 
13 or any suit under this Act, where interest is chargeable, such interest shall be awarded at the 
following rates:-  
(a)  the rate, if any, agreed upon between the parties or the persons (if any) through 
whom they claim, unless such rate is deemed by the Court to be unreasonable; 
or  
(b)  if such rate is deemed by the Court unreasonable, or if no rate was agreed upon, 
or, when any agreement between the parties or the persons (if any) through 
whom they claim, to set off profits against interest and assessment and similar 
charges without an account has been set aside by the Court, such rate as the 
Court may deem reasonable.]  
 
 
1S.71 was ins. by the Dekkhan Agriculturists’ Relief Act, 1895 (6 of 1895), s. 16. The ori ginal s. 71 (which was rep. by Act 23 of 1881) related to 
registration of mortgages executed before the passing of the Act.  
2See now the Code of Civil Procedure 1908 (5 of 1908), Order 21, rule 2.  
3S. 71A ins. by the Dekkhan Agriculturists’ Relief Act, 1895 (6 of 1895), s.17.  
 
 
Page 29 of 30 
 
1[72. Limitation. In any suit 2[of the description mentioned in section 3, clause (w),] for the 
recovery of money from a person 3* * * who at the time when the cause of action arose was an 
agriculturist 4[in any of the districts of Poona, Satara, Sholapur and Ahmednagar], the following 
periods of limitation shall be deemed to be substituted for those prescrib ed in the second column of 
the Second Schedule annexed to the 5Indian Limitation Act, 1877 (XV of 1877) (that is to say):-  
(a)  when such suit is founded on a written instrument registered under this Act or 
any law in force at the date of the execution of such instrument,-twelve years;  
(b)  in any other case,-six years:  
6[Provided that nothing in this section shall–  
(i)  apply to a suit for the recovery of money from a person who is a surety 
merely of the principal debtor if the principal debtor was not, at the time 
when the cause of action arose, an agriculturist 7[in any of the districts 
aforesaid], or  
(ii)  revive the right to bring any suit which would have been barred by 
limitation if it had been instituted immediately before this Act comes 
into force.]]  
73.___[Decision as to whether person is an agriculturist, final. ] Rep. by the Dekkhan 
Agriculturists’ Relief Act, 1895 (VI of 1895), s .3.  
8[73A. Certain agricultural produce exempted from attachment, etc. When the Collector 
has taken any immoveable property of a judgment-debtor or insolvent into his possession under section 
22 or section 29, he may, by an order in writing, direct that any other such property not so taken shall 
be deemed to be reserved for the support of the judgment -debtor or insolvent and the members of his 
family dependent on him, and may rescind that order.  
While any such order continu es in force in respect of any immoveable property, agricultural 
produce grown on that property shall not be attached or sold in execution of a decree passed whether 
before or after this Act comes into force, and shall not vest in the receiver appointed in any insolvency-
proceedings].  
74. Civil procedure Code to apply in Subordinate Judge’s Courts. Except in so far as it is 
inconsistent with this Act, the 9Code of Civil Procedure (X of 1877) shall apply in all suits and 
proceedings before Subordinate Judges under this Act.  
10[74A. Co-operative Credit Societies. Except section 2 and section 21, the provisions of this 
Act shall not apply to any matter to or in which any society registered under the 11Co-operative Credit 
Societies Act, 1904 (X of 1904), is a party.]  
1Subs. by the Dekkhan Agriculturists’ Relief Act, 1881 (23 of 1881), s. 17, for original section 72.  
2Subs. by the Dekkhan Agriculturists’ Relief Act, 1886 (23 of 1886), s. 12 (i) for “under this Act”.  
3The words “not being merely a surety for the principal debtor” rep. ibid. 12 (2).  
4Ins. by Act 6 of 1895, s. 18.  
5Rep. by the Limitation Act, 1908 (9 of 1908).  
6Subs. by Act 23 of 1886, s. 12 (3), for the original proviso.  
7Ins. by Act 6 of 1895, s.18.  
8S. 73A ins. by the Dekkhan Agriculturists’ Relief Act, 1882 (22 of 1882), s. 18.  
9See now the Code of Civil Procedure, 1908 (5 of 1908).  
10S. 74A ins. by the Dekkhan Agriculturists’ Relief (Amdt.) Act, 1912 (Bom. 1 of 1912), s. 1.  
11See now the Co-operative Societies Act, 1912 (2 of 1912).  
 
 
Page 30 of 30 
 
75. Additional power to make rules. The 1[Provincial Government] may, from time to time, 
make all such rules as it may deem necessary for carrying out the provisions herein contained.  
76. Rules to be published. All rules made by the 1[Provincial Government] under this Act 
shall be published in the official Gazette, and shall thereupon, in so far as they are consistent with this 
Act, have the force of law.  
 
_______________ 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Date: 16-09-2024 
1Subs. by A.O., 1937, for “L.G.”.