Your Answer : (Not Answered)

Correct Answer : D

Licences are governed by the Indian Easements Act, 1882.

Chapter VI of the Easements Act (Sections 52 to 64) defines a licence as a right to do something on another's immovable property that would otherwise be unlawful and that does not amount to an easement or an interest in the property. It provides for the grant of licences, their transfer (Section 56: a licence cannot be transferred unless otherwise provided), revocation and the licensee's rights.

The Transfer of Property Act deals with leases and other interests in property, not licences. The Specific Relief Act and the Contract Act (printed with the year 1932, which belongs to the Partnership Act; the Contract Act is of 1872) do not govern the grant of licences.

Your Answer : (Not Answered)

Correct Answer : C

The remedy is an appeal under Section 19(6) of the Rajasthan Rent Control Act, 2001.

Section 19(6) provides that from every final order passed by the Rent Tribunal, an appeal shall lie to the Appellate Rent Tribunal within whose local limits the premises is situated, to be filed within sixty days of the final order along with a copy of it.

Because the Act gives its own statutory appeal, the order is not final and unappealable, a first appeal under Section 96 CPC (which lies from decrees of civil courts) is not the route, and a writ petition is not the ordinary remedy where an alternative statutory appeal exists.

Your Answer : (Not Answered)

Correct Answer : C

The provision is Section 8.

Section 8 of the Rajasthan Rent Control Act, 2001 deals with limited period tenancy. A landlord and tenant may jointly apply to the Rent Tribunal for permission to create a tenancy of residential premises for a limited period of up to three years, and the Tribunal grants permission together with a certificate for recovery of possession, which becomes executable when the period expires.

The other sections listed deal with other matters, so the specific procedure for limited period tenancy and the recovery certificate is in Section 8 alone.

Your Answer : (Not Answered)

Correct Answer : A

Kishore is a tenant holding over.

Section 116 of the Transfer of Property Act, 1882 provides that if a lessee or under-lessee remains in possession after the lease has determined, and the lessor accepts rent from him or otherwise assents to his continuing in possession, the lease is renewed, from year to year or month to month according to its purpose.

Kishore is Bharat's under-lessee; after the five years expire he stays on and pays rent to Ashok, the lessor, who accepts it. That assent makes him a tenant holding over, not a trespasser or an unauthorised occupant.

Your Answer : (Not Answered)

Correct Answer : D

The key is premises in the municipal area of Jaipur City let for residential use at a monthly rent of Rs. 8,000.

Section 3 of the Rajasthan Rent Control Act, 2001 lists premises to which Chapters II and III do not apply. Premises let to a citizen of a foreign country or to a foreign mission (A), premises belonging to or vested in a University established by law (B), and premises belonging to a Government company as defined in section 617 of the Companies Act, 1956 (C) are each in that list, so those chapters do not apply to them.

The Jaipur residential premises were exempt only through the old rent-ceiling clauses of section 3, which put the cut-off for Jaipur at Rs. 7,000 a month. Rajasthan Act No. 33 of 2017 (27 September 2017) deleted those clauses, so by the examination date (25 March 2018) the rent no longer took the premises out of the Act, and Chapters II and III apply to them. I read the deletion in a legal database's copy of the Act and a summary of the amendment, and did not see the official gazette text, so the clause-by-clause numbering is not checked.

Your Answer : (Not Answered)

Correct Answer : A

The option belongs to the lessee.

The last paragraph of Section 110 of the Transfer of Property Act, 1882 provides that where the time limited by a lease of immovable property is expressed as terminable before its expiration, and the lease omits to mention at whose option it is so terminable, the lessee, and not the lessor, shall have such option.

The rule construes the silence against the lessor, who framed the grant. The lessor is the transferor under a lease, so 'Lessor' and 'Transferor' describe the same party and are both wrong.

Your Answer : (Not Answered)

Correct Answer : A

For a gift of immovable property, registration is compulsory.

Section 17(1)(a) of the Registration Act, 1908 makes registration compulsory for instruments of gift of immovable property, and Section 123 of the Transfer of Property Act, 1882 says such a gift must be effected by a registered instrument signed by the donor and attested by at least two witnesses. An unregistered deed of gift cannot pass title.

Optional registration under Section 18 applies to other documents, and there is no exemption for gifts of immovable property, so the other options are wrong.

Your Answer : (Not Answered)

Correct Answer : B

The Jharkhand Amendment is deemed to have come into effect from 1st January, 2014.

The central Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 came into force on 1 January 2014. Jharkhand's 2017 amendment, which added exemptions from the social impact assessment for certain public projects, was made to take effect retrospectively from the same date, so that it ran with the principal Act from its commencement.

1 January 2017 is merely the year of the amending Act, and the two 11 January dates match neither event.

Your Answer : (Not Answered)

Correct Answer : A

The answer the paper accepts is 1 month's Rent.

Section 6 of the Jharkhand Buildings (Lease, Rent and Eviction) Control Act, 2011 makes it unlawful to claim or receive, for the grant, renewal or continuance of a tenancy, any salami, fine or like sum in addition to the rent, or any sum exceeding one month's rent as rent in advance. One month's rent is therefore the only payment beyond the rent itself that a landlord may lawfully take.

Two, three and seven months' rent all exceed that limit, so none of them is the ceiling the Act sets.

Your Answer : (Not Answered)

Correct Answer : A

Applications under the S.P.T. Act must be made within 1 year from the date of occurring of the cause of action.

Section 64 of the Santhal Parganas Tenancy (Supplementary Provisions) Act, 1949, the general rule of limitation, says that all applications under the Act for which no other period is provided shall be made within one year from the date of the accruing of the cause of action. Applications under Section 42 (ejectment of a person in unauthorised possession of agricultural land) have no limitation at all.

Three, five and seven years are not the Act's general limitation period.

Your Answer : (Not Answered)

Correct Answer : C

The period is 5 years.

Section 33 of the Santhal Parganas Tenancy (Supplementary Provisions) Act, 1949 provides that if waste land settled under the Act is not brought under cultivation within five years from the date of settlement, the Deputy Commissioner may, on application by a jamabandi raiyat, the village headman, a mulraiyat or the landlord, set the settlement aside and resettle the land.

The heading of the section itself reads 'Settlement of waste land liable to be set aside if not cultivated within five years', so 3, 7 and 9 years are wrong.

Your Answer : (Not Answered)

Correct Answer : B

The CNT Act was enacted on 11th November, 1908.

The Chotanagpur Tenancy Act, 1908 (Bengal Act VI of 1908) received assent and was passed on 11 November 1908. It was framed after the unrest of the Birsa Ulgulan, to protect tribal and raiyati land and to recognise the Mundari khuntkatti system.

The other three dates share the day of the month but not the month, which is the trap: only November is right.

Your Answer : (Not Answered)

Correct Answer : D

The one that is not a class of tenants is Bhuinhari Khunt Kattidar.

Section 4 of the Chotanagpur Tenancy Act lists the classes of tenants as tenure-holders, raiyats (occupancy-raiyats, non-occupancy-raiyats and raiyats having khunt-katti rights), under-raiyats and Mundari khunt-kattidars.

Tenure holder, raiyat and Mundari khunt-kattidar therefore all appear in the list. Bhuinhari tenures are recognised and recorded separately under the Chota Nagpur Tenures Act, 1869, but 'Bhuinhari khunt kattidar' is not one of the classes of tenants under Section 4.

Your Answer : (Not Answered)

Correct Answer : D

The key's answer is All of these.

The key says that korkar land is also known by all three names given, Babhala Khanwat, Jalsasan and Ariat. None of these names, nor the term korkar land, could be found in any source, so they could not be confirmed.

The answer therefore rests on the Commission's key. Since 'All of these' is itself an option, an answer that picks only one of the other three would be correct only if the key had accepted just that one, and it did not.

Your Answer : (Not Answered)

Correct Answer : D

Under the Chotanagpur Tenancy Act, it is the State Government that may order a survey and the preparation of a record-of-rights.

Section 80 of the Act empowers the State Government to direct that a survey be made and a record-of-rights be prepared for any local area, estate or tenure. The work is then carried out by a Revenue Officer appointed for the purpose.

So the Revenue Officer, the Deputy Commissioner and the Circle Officer act in carrying out or administering the record, but none of them has the power to order the survey in the first place.

Your Answer : (Not Answered)

Correct Answer : B

Apportionment of periodical payments on determination of the interest of the person entitled is the heading of Section 36 of the Transfer of Property Act, 1882: periodical payments such as rent, annuities and dividends are considered to accrue from day to day and are apportionable accordingly.

Section 42 deals with a transfer by a person with authority to revoke a former transfer, Section 38 with a transfer by an unauthorised person who afterwards acquires interest, and Section 40 with the burden of an obligation imposed on immovable property by contract. They are different provisions in the same general part of the Act.

Your Answer : (Not Answered)

Correct Answer : A

The transaction is a mortgage by conditional sale, and B must seek foreclosure through court.

Section 58(c) of the Transfer of Property Act, 1882 describes a mortgage by conditional sale: the mortgagor ostensibly sells the property on condition that the sale becomes absolute on default, or void on payment, or that the buyer retransfers on payment. Its proviso says such a transaction is a mortgage only if the condition is embodied in the same document, which the stem expressly states.

A mortgagee by conditional sale does not become owner automatically on default. His remedy is a suit for foreclosure under Section 67, and the mortgagor keeps his right to redeem until the decree. The transaction is not void for uncertainty, and it is not a lease, since no right to enjoy the property for rent is created.

Your Answer : (Not Answered)

Correct Answer : A

Transfer of property is defined in Section 5 of the Transfer of Property Act, 1882: an act by which a living person conveys property, in present or in future, to one or more other living persons, or to himself and one or more other living persons.

Section 8 deals with the operation of a transfer, Section 11 with restrictions repugnant to the interest created, and Section 25 with the conditional transfer. None of these defines transfer of property.

Your Answer : (Not Answered)

Correct Answer : C

The correct statement is that SIA and Gram Sabha consultation/consent are mandatory for ST land, and acquisition cannot proceed without consent.

Under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, a Social Impact Assessment under Section 4 comes first, and the preliminary notification under Section 11 follows it. For land in Scheduled Areas, Section 41 requires the prior consent of the Gram Sabha, Panchayat or autonomous District Council concerned, and treats acquisition there as a last resort.

So the Gram Sabha's role is not merely advisory, owner consent alone cannot replace it, and the final declaration can never precede the SIA, because the SIA comes before even the preliminary notification.

Your Answer : (Not Answered)

Correct Answer : A

The statement that is not true is All persons interested in the land in question shall appear personally before the Collector.

Under Section 21 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, the Collector's public notice requires persons interested to appear personally or by agent or advocate. Personal appearance is not compulsory, so the statement is wrong.

The other statements reflect the section: the notice must give a time of not less than thirty days and not more than six months for claims and objections, and the Collector must publish the notice on his website as well as at convenient places near the land.