Section 25
Circumstances Where Tenancy Right Is Acquired
(1) A person who as a tenant has been cultivating a land that belongs to any landowner until the date of the commencement of this Section shall acquire the tenancy right as referred to in this Chapter in respect of the land.
(2)45 Notwithstanding anything contained in Sub-section (1), except where the tenancy right is acquired pursuant to Sub-section (1) of Section 26, no person who cultivates/tills a land belonging to any landowner on any terms and conditions shall acquire the tenancy right over that land.
Provided that:
(1) Where a person has tilled a land belonging to any landowner on terms of tenancy prior to the commencement of this Sub-section, a certified copy of a written bond concluded in duplicate between the landowner and the tenant has been furnished with the Village Development Committee or Municipality where the land is situated and the tenant of the land makes an application to have the tenancy right established over the land no later than Six months after the date of commencement of this Sub-section, the prescribed authority may, after examining the written bond concluded in duplicate as well as other necessary evidences, establish the tenancy right of the applicant over such land. (2) This Sub-section shall not be deemed to bar the settling of a case on tenant, which has been filed in any committee, office or court prior to the commencement
of this Sub-section and yet to be settled, in accordance with then prevailing provisions contained in this Act.
(3)46 If a creditor who has obtained any land except the land subject to tenancy from any other landowner in the prescribed area has tilled that land on his/her own, the creditor shall obtain the tenancy right over such land, subject to Section 8. The debtor him/herself shall be entitled to the tenancy right beyond the upper ceiling prescribed in Section 8.
(4)47 Notwithstanding anything contained in Sub-sections (1), (2) and (3): (a) Where a person who has obtained a land from a landowner to till it does not till the land by his/her or his/her family’s labor but lets any one else till the land, all the rights of the intermediary between the real tiller in respect of that land shall lapse. (b) The tenancy right acquired by a tenant has to be got registered in the prescribed registration book.
(5)48 Notwithstanding anything contained in Sub-sections (1), (2) (3) and (4), the following person shall not be entitled to acquire the tenancy right: (a) One who tills the land of house and premises, or (b) One who is a non Nepalese citizen, or (c) One who tills the land owned by Government of Nepal, or
(d) One who tills the land prescribed by Government of Nepal for industrial business.
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(2)45 Notwithstanding anything contained in Sub-section (1), except where the tenancy right is acquired pursuant to Sub-section (1) of Section 26, no person who cultivates/tills a land belonging to any landowner on any terms and conditions shall acquire the tenancy right over that land.
Provided that:
(1) Where a person has tilled a land belonging to any landowner on terms of tenancy prior to the commencement of this Sub-section, a certified copy of a written bond concluded in duplicate between the landowner and the tenant has been furnished with the Village Development Committee or Municipality where the land is situated and the tenant of the land makes an application to have the tenancy right established over the land no later than Six months after the date of commencement of this Sub-section, the prescribed authority may, after examining the written bond concluded in duplicate as well as other necessary evidences, establish the tenancy right of the applicant over such land. (2) This Sub-section shall not be deemed to bar the settling of a case on tenant, which has been filed in any committee, office or court prior to the commencement
of this Sub-section and yet to be settled, in accordance with then prevailing provisions contained in this Act.
(3)46 If a creditor who has obtained any land except the land subject to tenancy from any other landowner in the prescribed area has tilled that land on his/her own, the creditor shall obtain the tenancy right over such land, subject to Section 8. The debtor him/herself shall be entitled to the tenancy right beyond the upper ceiling prescribed in Section 8.
(4)47 Notwithstanding anything contained in Sub-sections (1), (2) and (3): (a) Where a person who has obtained a land from a landowner to till it does not till the land by his/her or his/her family’s labor but lets any one else till the land, all the rights of the intermediary between the real tiller in respect of that land shall lapse. (b) The tenancy right acquired by a tenant has to be got registered in the prescribed registration book.
(5)48 Notwithstanding anything contained in Sub-sections (1), (2) (3) and (4), the following person shall not be entitled to acquire the tenancy right: (a) One who tills the land of house and premises, or (b) One who is a non Nepalese citizen, or (c) One who tills the land owned by Government of Nepal, or
(d) One who tills the land prescribed by Government of Nepal for industrial business.
25A.49 ………….