58 PROPOSED TENANCY REFORMS 



existing tenancy acts in the Provinces of Agra and Oudh both 

 provide for compensation for improvements when the tenant 

 has obtained the landlord's consent; but it is said that this 

 is almost a dead, letter because landlords are so unwilling to 

 grant permission. Their objection to granting permission 

 appears to be based mainly upon the fact that by granting 

 permission they would be creating for themselves a contin- 

 gent liability, which might have to be met almost any year. 

 The landlord prefers to keep himself free from such liabilities, 

 and to make improvements with his own capital when avail- 

 able, and when he considers them really necessary. His 

 view of what is " necessary" does not, of course, usually 

 correspond with the tenant's desire. Another objection 

 which is raised by landlords is that if they grant such per- 

 mission to make improvements the tenants become more in- 

 dependent. If one has permission, others must have it ; and 

 they know that the landlord will not be in a position finan- 

 cially to pay them all out at the same time. 



On the other hand, it is impossible to give the tenants 

 the right to make permanent improvements without the land- 

 lord's consent and the right to claim compensation, except to 

 a very limited extent ; especially if, as in the English law, 

 the tenant may claim such compensation if he himself quits 

 the holding of his own free will after one year's notice. The 

 provision that the, tenant may make a permanent improvement 

 after obtaining an order of the Court without consent of the 

 landlord exists in both the Tenancy Acts ; but not much use is 

 made of it, as the tenant is afraid that he would be making an 

 enemy of his landlord and his agents. Yet the provision 

 that improvements may be made by order of the Court, or of 

 some Government officer, should stand. As regards the pay- 

 ment of compensation when the tenant himself gives notice, I 

 would suggest that it would not be an unfair arrangement if 



