right to occupy and use land under section 5(1) of the Act. However, anything done contrary to the agreement will deprive the cultivator of any protection under the Act. If the owner of the land refuses to hand over the land for cultivation to the tenant cultivator, he can notify the Commissioner for Agrarian Services that he has been evicted from the land. The Commissioner may hold an inquiry and make a determination under section 5 (3). The notification has to be made within one year the eviction. The right of a tenant cultivator who received the land from a lessee for cultivation will not be affected merely for the reason that the owner (lessor) has come into occupation. Likewise even if the lease is terminated, the right of the tenant cultivator will not be affected. However, if a land has been given to the sub-tenant (tenant cultivator) without the written consent of the owner, he cannot seek the protection of law: Section 5(9). Pursuant to Section 15 (1), if a land is not cultivated for two or more successive seasons, the Commissioner7 can appoint another cultivator. In that event, the returning tenant (Original cultivator) has no right to claim to be the cultivator of the said land. An arrears of rent is a cause for termination of the agreement (section 18). However this will not apply to land, which has not been cultivated for a season (section 19). Therefore the same situation can be applied to land, which is occupied by the security forces or cannot be cultivated due to access being denied by the forces or land mines. ii) Unrelated third person in occupation A third person who occupies the land but not appointed by the Commissioner can be evicted by a written order of the Commissioner [Section 15 (2)]. iii) Original tenant cultivator is dead If the original tenant cultivator died during the displaced time and on the return of the spouse and the other family members, they can claim to continue with the cultivation. Under section 7 of the Act, a nominee of the original tenant cultivator can cultivate and such nomination should be registered. The surviving spouse of the original tenant cultivator or his elder son or any other children can claim to be a cultivator of the said land. However, if it is proved that the family of the original tenant cultivator depends on the income of the said land but no family member who qualifies under the chain described in section 8 is in a position to cultivate, our recommendation is that the Act be suitably amended to enable any other member of the same family to succeed to the right to cultivate. 7 Under the Agrarian Services Act 13