94 Tenures in the North- West Provinces. 



accordance with the provisions of the Rent Act. Nor 

 is the occupancy right transferable, although the 

 actual cultivating occupation of the land for a time 

 as proprietor, and afterwards continuously as a 

 tenant for twelve years, confers such right. No right 

 of occupancy can accrue in sir land (vide notice 

 page 95), in land held in lieu of wages, in land 

 occupied under a written lease, or in waste land held 

 for grazing purposes. The phrase " actual cultivating 

 occupation " has been held by the Board of Revenue 

 to mean that, actual, and not vicarious, which oc- 

 cupation creates, by the lapse of a term of twelve 

 years, a just title to occupancy rights. But it has 

 been held that such rights can be acquired in the 

 following instances. When a tenant occupies or 

 cultivates alluvial land, which may or may not be 

 capable of continuous cultivation, for twelve years ; 

 when lands in which occupancy rights have already 

 accrued have been submerged, and again exposed 

 after a lapse of years, the failure to pay rents during 

 the period of submersion does not debar if the newly 

 formed land be identical in site ; when lands are 

 held under a written lease, but the lease not having 

 been registered is invalid, and cannot bar the tenant 

 from acquiring occupancy rights, even although he 

 may have used the lease as valid. This last excep- 

 tion to the stringent provisions of the Act is worthy 



