Keywords : Land, Pay, Rent, Arrear, Tenant, Landlord, Tenancy, Estate Landowner and Holding, Land Revenue, Rate and Cesses, Village-cess, Village Officer, Revenue-officer, Jagirdar, Legal Practitioner, Agricultural Year, Improvement
An Act to amend the Law relating to the Tenancy of Land in the Punjab.
Whereas it is expedient to amend the law relating to the tenancy of land in the Punjab. It is hereby
enacted as follows :-
CHAPTER I.
PRELIMINARY
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THE PUNJAB TENANCY ACT, 1887
- Title, extent and commencement (1) This Act may be called the Punjab Tenancy Act, 1887.
1For Statement of Objects and Reasons, see “Punjab Gazette” Extraordinary, dated 8th April,
1938, Part V, pp. 7-8. For Report of the Select Committee, see ibid, Part V, pp. 43-45; and for
proceedings in the Assembly, see Punjab Legislative Assembly Debates, 1938, Vol. V, pp. 440-
445, and Vol. X. pp. 163-174.
2For Statement of Objects and Reasons, see Punjab Government Gazette (Extraordinary), 1957,
page 689.
3For Statement of Objects and Reasons, see Punjab Government Gazette (Extraordinary), 1962,
page 1588.
4For Statement of Objects and Reasons, see Punjab Government Gazette (Extraordinary), 1969,
page 1,120.
(2) It extends to the whole of the territories 1[* * * * * * * ],
2[* * * * * * * ], administered by the 3[4(State) Government] of 5[Punjab, [ * * 6 * * ]; and
(3) It shall come into force on such date as the 4[State] Government, with the previous
sanction of the 7[Central Government] may by notification appoint in this behalf. - [Power to make rules in anticipation of commencement,] * ** 8 * * * *.
- [Repeal.] * * * 9 * * * *
.. - Definition – In this Act, unless there is something repugnant in the subject or context-
(1) “land” means land which is not occupied as the site of any building in a town or village
and is occupied or has been let for agricultural purposes or for purposes subservient to
agriculture, or for pasture, and includes the sites of buildings and other structures on such land;
(2) “pay” with its grammatical variations and cognate expression, includes, when used with
reference to rent, “deliver” and “render”, with their grammatical variations and cognate
expressions;
(3) “rent” means whatever is payable to a landlord in money, kind or service by a tenant on
account of the use or occupation of land held by him;
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THE PUNJAB TENANCY ACT, 1887
1
The words “including the pergana of Spiti” omitted by Punjab Adaptation of Laws (State and Concurrent Subjects)
Order, 1968.
2
The words “for the time being” were omitted by the Government of India (Adaptation of Indian Laws) Order, 1937.
3
Substituted for the words “Leiutenant-Governor” by Government of India (Adaptation of Indian Laws) Order 1937,
section 4 (1).
4
Substituted for the word “Provincial” by the Adaptation of laws Order, 1950.
5
Substituted for “East Punjab” which had been substituted for “Punjab” by the Indian Independence (Adaptation of
Central Acts and Ordinances) Order 1948] by Adaptation of Laws Order, 1950.
6
The words “except the Haryana District” omitted by the India (Adaptation of Existing Indian Laws) Order, 1947,
section 4 (1).
7
Substituted for the words “Governor-General in Council” by the Government of India (Adaptation of Indian Laws)
Order, 1937.
8
Repealed by the Repealing and Amending Act, 1891 (12 of 1891), section 2(1).
9
Repealed by the Repealing and Amending Act, 1891 (12 of 1891).
(4) “arrears of rent” means rent which remains unpaid after the date on which it becomes
payable;
(5) “tenant” means a person who holds land under another person, and is, or but for a special
contract would be, liable to pay rent for that land to that other person; but it does not include-
(a) an inferior landowner; or
(b) a mortgagee of the rights of a landowner, or
(c) a person to whom a holding has been transferred, or an estate or holding has been let
in farm, under the Punjab Land-revenue Act, 18871, for the recovery of an arrears of
land-revenue or of a sum recoverable as such an arrears ; or
(d) a person who takes from the 2[Government ] a lease of unoccupied land for the
purpose of subletting it;
(6) “landlord” means a person under whom a tenant holds land, and to whom the tenant
is, or but for a special contract would be, liable to pay rent for that land;
(7) “tenant” and “landlord” include the predecessors and successors in interest of a
tenant and landlord, respectively;
(8) “tenancy” means a parcel of land held by a tenant of a landlord under one lease or
one set of conditions;
(9) “estate”, “landowner” and “holding” have the meaning, respectively assigned to
those words in the Punjab Land-revenue Act, 1887;
(10) “land-revenue” means land-revenue assessed under any law for the time being in
force or assessable under the Punjab Land-revenue Act, 18871, and includes-
(a) any rate imposed in respect of the increased value of land due to irrigation, and
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THE PUNJAB TENANCY ACT, 1887
(b) any sum payable in respect of land, by way of quit-rent or of commutation for service,
to the 1[Government] or to a person to whom the 1[Government] has assigned the right to
receive the payment;
1
Printed infra.
2
Substituted for the word “Crown” by the Adaptation of Laws Order, 1950.
(11) “rates and cesses” means rates and cesses which are primarily payable by
landowners, and includes-
(a) * * * 2 * * *.
XX of 1883.
(b) the local rate, if any, payable under the Punjab District Boards Act, 1883, and
any fee leviable under section 33 of that Act from land-owners for the use of, or
benfits derived from, such works as are referred to in section 20, clauses (I) of that
Act;
(c) any annual rate chargeable on owners of lands under section 59 of the Northern
India Canal and Drainage Act, 1873;
(d) the Ziladari and village officers’ cesses; and
(e) sums payable on account of village expenses;
(12) “village-cess” includes any cess, contribution or due which is customarily leviable
within an estate and neither a payment for the use of private property or for personal
service, nor imposed by or under any enactment for the time being in forced;
(13) “village-officer” means a chief headman, headman or patwari;
(14) “Revenue-officer” or “Revenue Court”, in any provision of this Act to Revenue
Court having authority under this Act to discharge the functions of a Revenue-officer or
Revenue Court, as the case may be, under that provision;
1substituted for the word “Crown” by the Adaptation of Laws Order, 1950.
2Repealed by the Amending Act, 1891 (12 of 1891).
(15) “jagirdari” includes any person, other than a village-servant, to whom the landrevenue of any land has been assigned in whole or in part by the 1[Government] or by an
officer of the 1[Government];
(16) “legal practitioner” means any legal practitioner within the meaning of the Legal
Practitioners Act, 18792 except a mukhtar;
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THE PUNJAB TENANCY ACT, 1887
(17) “agricultural year” means the year commencing on the sixteenth day of June, on
such other date as the 2[State] Government may by notification appoint for any local area;
(18) “notification” means a notification published by authority of the 3[State]
Government in the Official Gazette; and
(19) “improvement” means, with reference to as tenancy any work which is suitable to
the tenancy and consistent with the conditions on which it is held by which the value of the
tenancy has been and continues to be increased, and which, if not executed on the tenancy,
is either executed directly for its benefit, or is , after execution made directly beneficial to
it.
Explanation I.- It includes, among other things,-
(a) the construction of wells and other works for the storage or supply of water for
agricultural purposes;
(b) the construction of works for drainage and for protection against floods;
(c) the planting of trees, the reclaiming, enclosing; levelling and terracing of land for
agricultural purposes and other works of a like nature;
(d) the erection of buildings required for the more convenient or profitable cultivation
of a tenancy; and
(e) the renewal or reconstruction of any of the foregoing works, or such alterations
therein, or additions thereto, as are not of nature of mere repairs and as durably increase
their value;
1
subtituted for the word “Crown” by the Adaptation of Laws Order, 1950.
2
Unrepealed, Central Acts, Volume II.
3
Substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.
But it does not include such clearances, embankments, levellings, enclosures temporary wells and
water-channels as are made by tenants in the ordinary course of cultivation and without any
special expenditure, or any other benefit accruing to land from the ordinary operations of
husbandry.
Explanation II.- A work which benefits several tenancies may be deemed to be, with respect to
each of them, and improvement.
Explanation III.- A work executed by a tenant is no an improvement if it substantially
diminishes the value of any other part of his landlords’ property.
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THE PUNJAB TENANCY ACT, 1887
1(20) * * * * * *.
CHAPTER II.
RIGHT OF OCCUPANCY
- Tenants having right of occupancy – (1) A tenant-
(a) who at the commencement of this Act has for more than two generations in the male
line of descent through a grandfather or grand-uncle and for a period of not less than twenty
years, been occupying land paying no rent therefore beyond the amount of the land-revenue
thereof and the rates and cesses for the time being chargeable thereon; or
(b) who having owned land, and having ceased to be landowner thereof otherwise than by
forfeiture to the Government or than by any voluntary act, has since ceased to be landowner continuously occupied the land; or
(c) who in a village or estate in which he settled along with or was settled by the founder
thereof as a cultivator therein, occupied land on the twenty-first day of October, 1868, and
has continuously occupied the land since that date; or
1Omitted by the India (Adaptation of Existing Indian Laws) order, 1947, section 4 (1). Provisions about
Mrqarridars had been added by Punjab Alt 11 of 1925.
(d) who being jagirdar of the estate or any part of the estate in which the land occupied by him
is situate, has continuously occupied the land for not less than twenty years, or, having been
such jagirdar, occupied the land while he was jagirdar and has continuously occupied it for not
less than twenty years, has a right of occupancy in the land so occupied unless, in the case of a
tenant belonging to the class specified in the clause (c), the landlord proves that the tenant was
settled on land previously cleared and brought under cultivation by, or at the expense of, the
founder.
(2) If a tenant proves that he has continuously occupied land for thirty years and paid no rent
therefore beyond the amount of the land-revenue thereof and the rates and cesses for the time
being chargeable thereon, it may be presumed that he had fulfilled the conditions of clause (a) of
sub-section (1).
(3) The words in that clause denoting natural relationship denote also relationship by
adoption, including therein the customary appointment of an heir and relationship, by the usage
of a religious community.
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THE PUNJAB TENANCY ACT, 1887 - Right of occupancy of, other tenants recorded as having the right before passing of
Punjab tenancy Act, 1908 – A tenant recorded in a record-of-rights sanctioned by the 1[State]
Government before the twenty-first day of October, 1868, as a tenant having a rights of
occupancy in land which he has continuously occupied from the time of the preparation of that
record, shall be deemed to has a right of occupancy in that lands unless the contrary has been
established by a decree of a competent Court in the suit instituted before the passing of this Act. - Right of occupancy in land taken in exchange – If the tenant has voluntarily exchanged the
land, or any portion of the land, formerly occupied by him for other land belonging to the same
landlord, the land taken in exchange shall be held to be subject to the same right occupancy as
that to which the land given exchange had not taken place.
1Substituted for the word “Crown” by the Adaptation of Laws Order, 1950. - Establishment of right of occupancy on grounds other than those expressly stated in Act
- Nothing in the foregoing sections of this Chapter shall preclude any person from establishing a
right of occupancy on any ground other than the grounds specified in those sections.
- Right of occupancy not to be acquired by mere lapse of time – No tenant shall acquire a
right of occupancy by mere lapse of time. - Right of occupancy not to be acquired by joint owner in land held in joint ownership –
In the absence of a custom to the contrary, no one of several joint owners of land shall acquire a
right of occupancy under this Chapter in land jointly owned by them. - Continuance of existing occupancy rights – Notwithstanding anything in the foregoing
sections of this chapter, a tenant, who immediately before the commencement of this Act has a
right of occupancy in any land under an enactment specified in any line of the first column of the
following table shall when this Act comes into force, be held to have, for all, the purposes of this
Act, a right of occupancy in that under the enactment specified in the same line of the second
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THE PUNJAB TENANCY ACT, 1887
column of the table.
XXVIII of 1868.
PUNJAB TENANCY ACT, 1868 THIS ACT
FIRST COLUMN SECOND COLUMN
Section Clause Section Sub-section Clause
5 (1) 5 (1) (a)
5 (2) 5 (1) (b)
5 (3) 5 (1) ©
5 (4) 5 (1) (d)
6 — 6 — —
8 — 8 — —
CHAPTER III
RENT
Rents Generally - Respective rights to landlord and tenant to produce – (1) the rent for the time being
payable in respect of tenancy shall be the first charge on the produce thereof.
(2) A tenant shall be entitled to tend, cut and harvest the produce of his tenancy in due course of
husbandry without any interference on the part of his landlord.
(3) Except where rent is taken by division of the produce the tenant shall be entitled to the
exclusive possession of the produce.
(4) Where rent is taken by division of the produce-
(a) the tenant shall be entitled to the exclusive possession of the whole produce
until it is divided;
(b) the landlord shall be entitled to be present at, and take part in, the division of
the produce; and
(c) when the produce has been divided, the landlord shall be entitled to the
possession of his share thereof. - Commutation and alteration of rent – (1) Where rent is taken by any of the following
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THE PUNJAB TENANCY ACT, 1887
methods, namely :-
(a) by division of appraisement of the produce,
(b) by rates fixed with reference to the nature of the crops grown;
(c) by a rate on recognized measure of area;
(d) by a rent grows on the tenancy; or
(e) partly by one of the methods specified in clauses (a), (b) and (c) of this sub-section
and partly by another or others of them;
one of those methods shall be not be commuted in whole or in part into another without the
consent of both landlord and tenant.
(2) In the absence of a contract or a decree of order of compete authority to the contrary, a
tenant whose rent is taken by any of the methods specified in clauses (a), (b) and of sub-section
(1) or by the methods specified in clause (d) of that sub-section, shall not be liable to pay for a
tenancy rent at any higher rate, or of a higher amount, as the case may be, than the rate or amount
payable in respect of the tenancy for the preceding agricultural year. - Payments for land occupied without consent of landlord – Any person in possession of
land occupied without the consent of the landlord shall be liable to pay for the use or occupation
of that land at the rate of rent payable in the preceding agricultural year, or if rent was not payable
in that year, at such rate as the Court may determine to be fair and equitable. - Collection of rents of undivided property – When two or more persons are landlord of a
tenant in respect of the same tenancy, the tenant shall not be bound to pay part of the rent of his
tenancy to one of those persons and part to another.
Produce-rents. - Presumption with respect to produce remove before division of appraisement- Where
rent is taken by division or appraisement of the produce; if the tenant removes any portion of the
produce at such a time or in such a manner as to prevent the due division or appraisement thereof
or deals there with in a manners contrary to established usage the produce may be deemed to has
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THE PUNJAB TENANCY ACT, 1887
been as the fullest crop of the same description on similar lands in the neighborhood for that
harvest. - Appointment of referee for division or appraisement If either the landlord or the tenant
neglects to attend, either personally, or by agent, at the proper time for making the division or
appraisement of the produce, or if there is a dispute about the division or appraisement, a
Revenue-officer may, on the application of either party, appoint such person as he thinks fit to be
a referee to divide or appraise the produce. - Appointment of assessors and procedure of referee – (1) When a Revenue-officer appoints
referee under the last forgoing section, he may, in discretion, give him instructions with respect to
the association with himself of an other persons as assessors, the number, qualification and
selection of those assessor, and the procedure to be followed in making the division or
appraisement.
(2) The referee so appointed shall make the division or appraisement in accordance with any
instructions which he may have received from the Revenue-officer under the last foregoing subsection.
(3) Before making the division or appraisement the referee shall give notice to the landlord
and the tenant of the time and place at which the division or appraisement will be made, but of
either the landlord or the tenant fails to attend either personally or by agent, the referee may
proceed ex parte.
(4) For the purpose of making the division or appraisement the referee, with his assessors, if
any building in which the produce is. - Procedure after division or appraisement – (1) The result of the division or appraisement
shall be submitted to the Revenue-officer.
(2) The Revenue-officer shall consider the record, and after such further inquiry, if any, as
he may deem necessary, shall make an order either confirming or varying the division or
appraisement.
(3) The Revenue-officer shall also make such order as to the costs of the reference as he
thinks fit.
(4) The costs may include the remuneration of the referee and of the assessors, if any, and
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THE PUNJAB TENANCY ACT, 1887
may be levied from the applicant before the appointment of the referee subject to adjustment at
the close of the proceedings. - Enhancement of produce-rents of occupancy tenants -Where the rent of a tenant having a
right of occupancy in any land is a share of the produce, or of the appraised value thereof, with or
without an addition in money, or is paid according to rates fixed with reference to the nature of
the crops grown, or is a rent in gross payable in kind, the tenant shall be entitled to occupy the
land at that rent :
Provided that, when the land or any part thereof, previously not irrigated or flooded becomes
irrigated or flooded, the rent payable in respect of the land or part may, subject to the provisions
of this Act, be enhanced to the share or rates, or with reference to the rent in gross, as the case
may be, paid by tenants, having a similar description and with similar advantages. - Reduction of rents refereed to in the last foregoing – When the land, or any part of the
land, held by a tenant having a right of occupancy to whom the last foregoing section applies
ceases to be irrigated or flooded, the rent payable in respect of the land or part may be reduced to
the share or rates, or with reference to the rent in gross, as the case may be, paid by tenants,
having a similar right of occupancy for unirrigated or unflooded land of a similar description and
with similar advantages.
Contents Next
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Cash-rents paid by Tenants having right of Occupancy
Cash-rents paid by Tenants having right of Occupancy. - Enhancement of cash rents of occupancy tenants- (1) Where a tenant having a right of
occupancy pays his rent entirely by a cash-rate on a recognized measure of area or by a cash-rent in
gross on his tenancy, the rent may be enhanced on the ground that after deduction therefrom of landrevenue of, and the rates and cesses chargeable on, the tenancy, it is-
(a) if the tenant belongs to the class specified in clause (a) of sub-section (1) of section 5, less
than two annas per rupee of the amount of the land-revenue;
(b) if he belongs to any of the classes specified in clauses (b) , (c) and (d) of that sub-section
less than six annas, per rupee of the land-revenue ;
(c) if he belongs to the class specified in section 6, or if his right of occupancy is established
under section 8 and his rent is not regulated by contract less than twelve annas per rupee of the
amount of the land-revenue.
(2) In a case to which sub-section (1) applies, the rent may be enhanced to an amount not exceeding
two, six or twelve annas per rupee of the amount of the land-revenue as the case may be , in addition
to the amount of the land-revenue of the tenancy and the rates and cessers chargeable thereon.
(3) * * * * *. - Reduction of rents referred to in last foregoing section -The rent payable buy a tenant to
whom the last foregoing section applies may be reduces on the ground that the productive powers of
his tenancy have been decreased by a cause beyond his control.
General Provisions relating to suits for Enhancement or Reduction of Rent. - Enhancement and reduction of rent by suit- (1) A Revenue Court, on the suit of either
landlord or tenant, may subject to the provisions of this and other sections of this Act, enhance or
reduce the rent of any tenant having a right of occupancy.
(2) Where a decree for the enhancement of the rent of such a tenant has been passed under the
Punjab Tenancy Act, 1868, a suit for a further enhancement of his rent shall not lie till the expiration
of five years from the date of the decree, unless in the meantime the local area in which the land
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Cash-rents paid by Tenants having right of Occupancy
comprised in the decree is situate has been generally reassessed and the revenue payable in respect
of that land has been increased.
(3) Subject to the provision of sub-section (2) a suit instituted for the enhancement of the rent of a
tenant having a right of occupancy shall not be entertained in either of the following cases, namely :-
(a) if within the ten years next preceding its institution his rent has been commuted under
section 13 or enhanced under this section;
(b) if within that period a decree has been passed under this Act dismissing on the merits a
suit for the enhancement of his rent,
unless the land or some part of the land comprised in his tenancy, not having been irrigated, or
flooded at the time of such commutation, enhancement or decree, has become irrigated or flooded.
1
Sub-clause
1
(4) * * * * * * * *. - Discretion as to extent of enhancement or reduction – In enhancing or reducing the rent of
any land, under the foregoing provisions of this chapter, the Court shall within the limits prescribed
by those provisions, enhance or reduce the rent, to such an amount as it considers fair and equitable,
but shall not in any case fix the rent at a sum less than the amount of the land-revenue of the land
and the rates and cesses chargeable thereon. - Time for enhancement or reduction take effect – (1) Unless the court decreeing an
enhancement of rent otherwise directs the enhancement shall take effect from the commencement of
the agricultural year next following the date of the decree.
(2) A Court decreeing a reduction of rent shall specify in the decree the date on from which the
reduction is to take effect.
Adjustment of Rents expressed in terms of the Land-revenue - Adjustment of rents expressed in terms of the land-revenue -(XVII of 1887) -(1) Where the
rent of a tenancy is the whole or a share of the land-revenue thereof, with or without an addition in
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Cash-rents paid by Tenants having right of Occupancy
money, kind or service, and land-revenue of the holding in which the tenancy is situate is altered, a
Revenue-officer having authority under section 56 of the Punjab Land-revenue Act, 1887, to
determine the land-revenue payable in respect of the several holdings comprised in the estate in
which the tenancy is situate shall determine also the amount of the land-revenue of the tenancy or
the proportionate share thereof, payable by the tenant as rent.
(2) Where an addition referred to in sub-section (1) is a percentage fixed with reference to the landrevenue of the tenancy, or the whole or a share of the rates and cesses chargeable thereon, or both
the revenue-officer shall in like manner from time to time alter the amount of the addition in
proportion to any alteration of such land-revenue or rates and cesses.
1
Sub-clause (4) (added by Punjab Act 11 of 1925) was omitted by the Indian Adaptation of Existing Indian Laws) order,
1947, section 4(I).
(3) The sum or sums determined under the foregoing sub-sections, together with any addition
previously payable other than the additions referred to in sub-section (2), shall be the rent payable in
respect of the tenancy until there is again an alteratio9n of the land-revenue thereof or of the rates
and cesses chargeable thereon or until the rent is enhanced by a suit under this Act.
(4) An alteration of rent under this section shall not be deemed an enhanced or reduction of rent
within the meaning of this Act.
1
(5) * * * * *.
2
[Adjustment of rents paid by occupancy tenants in Attock District.]
3
[27-A. * * * * * *].
Alteration of Rent on Alteration of Area. - Alteration of rent on alteration of area – (1) Every tenant shall-
(a) be liable to pay additional rent for all land proved to be in excess of the area for which
rent has been preciously paid by him, unless it is proved that ahe excess is due to the addition
to his tenancy of land which having previously belonged to the tenancy. Was lost by diluvion
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Cash-rents paid by Tenants having right of Occupancy
or otherwise without any reduction of the rent being made; and
(b) be entitled to and abatement of rent in respect of any deficiency proved to exist in the area
of his tenancy as compared with the paid by him, unless it is proved that the deficiency is due
to the loss of land which was added to the area of the tenancy by alluvion or otherwise, and
that an addition has not been made to the rent in respect of the addition to the area.
1
Sub-section (5) added by Punjab Act 11 of 1025 was omitted by the India Adaptation of Existing Indian Laws Order,
1947, section 4(I).
2
Sub-section 27-A together with the heading omitted by the India (Adaptation of Existing Indian Laws) Order, 1947,
section 4(I)
(2) In determining the area for which rent has been previously paid the Court shall have regard to
the following among other matters, namely :-
(a) the origin and conditions of the tenants’ occupancy for instance whether the rent was a rent
in gross for the entire tenancy;
(b) whether the tenant has been allowed to hold additional land in consideration of and addition
to his total rent or otherwise with the knowledge and consent of the landlord; and
(c) the length of time during which there has been no dispute as to rent or area.
(3) In addition to or abating rent under this section, the Court shall add to or abate the rent to such
an amount as it deems to be fair and equitable, and shall and shall specify in its decree the date on
and from which the addition or abatement is to take effect.
(4) An addition to or abatement of rent under this section shall not be deemed an
enhancement or reduction of rent within the meaning of this Act.
Remission - Remission of rent by Courts decreeing arrears -Notwithstanding anything in the foregoing
sections of this Chapter, if it appears to a Court making a decree for and arrear of rent that the area
of a tenancy has been so diminished by diluvion or otherwise, or that the produce thereof has been
so diminished by drought, hail, deposit of sand or other like calamity, that the full amount of rent
payable by the tenant cannot be equitably decreed, the Court may, with the previous sanction of the
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Cash-rents paid by Tenants having right of Occupancy
Collector; allow such remission from the rent payable by the tenant as may appear to it to be just. - Remission and suspension of rent consequent on like treatment of land revenue 1[(1)
Wherever the payment of the whole or any part of the land revenue payable in respect of any land is
remitted or suspended, a Revenue-officer may, if the rent be payable in cash or be rent payable in
kind of which the amount is fixed, by order, remit or suspend, as the case may be, the payment of
the rent of that land to an amount which may bear the same proportion to the whole of the rent
payable in respect of the land ass the land-revenue of which payment has ben remitted or suspended
bears to the whole of the land-revenue payable in respect of the land :
1
Substituted for the old Sub-section by Punjab Act I of 1906, section 3.
Provided that in case of an occupancy-tenant, whose rent is of the nature hereinbefore in this subsection described, the remission or suspension of the land-revenue payable in respect of the land
shall, in the absence of a written order by a Revenue-officer to the contrary carry with it a
proportionate remission or suspension, as the case may be, of his rent.
When the payment of the rent of any kind has been suspended under this clause it shall remain
under suspension until the Collector orders the revenue of that land to be realized.]
(2) An order passed under sub-section (1) shall not be liable to be contested by suit in any Court.
(3) A suit shall not lie for the recovery of any rent of which the payment has been remitted, or
during the period of suspension, of any rent of which the payment has been suspended.
(4) where the payment of rent has been suspended the period during which the suspension has
continued shall be excluded in the computation of the period of limitation prescribed for a suit for
the recovery of the rent.
1
[(5) If the landlord collects from a tenant any rent of which the payment has been remitted, or is
under suspension, the Revenue-officer may recover from the landlord the amount or value of the
rent so collected, and may also recover by way of penalty a further sum not exceeding such amount
or value, and may cause to be refunded to the tenant the amount or value of the rent so collected
from him.]
(6) The provisions of this section relating to the remission and suspension of the payment of rent
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may be applied, so far as they can be made applicable, to land if which the land-revenue has been
released, compounded for or redeemed in any case in which, if the land-revenue inn respect of the
land had not been released, compounded for or redeemed, the whole or any part of it might in the
opinion or the Revenue-officer, be remitted or suspended under the rules for the time being in force
regulating the remission and suspension of land-revenue.
1
Substituted for the old sup-section by Punjab Act I of 1906 section 4.
1
[(7) Any sum of which the recovery is ordered under sub-section (5) on account of rent or penalty
may be recovered by the Collector as if it were an arrear ofland-revenue.]
Deposits.
- Power to deposit rent in certain cases with Revenue-officer- In either of the following cases,
namely :-
(a) when a landlord refuses to receive, or grant a receipt for, any rent payable in money when
tendered to him by a tenant;
(b) when a tenant is in doubt as to the person entitled to receive rent payable in money;
the tenant may apply to a Revenue-officer for leave to deposit the rent in his office, and the
Revenue-officer shall receive the deposit if, after examining the applicant, he is satisfied that there
is sufficient ground for the application and if the applicant pays the fee, if any, chargeable for the
issue of the notice next hereinafter referred to. - Effect of depositing rent -(1) When a deposit has been so received it shall be deemed to be a
payment made by the tenant to his landlord in respect of rent due.
(2) the revenue-officer receiving the deposit shall give notice of the receipt thereof to every
person who he has reason to believe claims or is entitled to the deposit, and may pay the amount
thereof to any person, appearing to him to be entitled thereto, or may, if he thinks fit, retain the
deposit pending the decision of a competent Court as to the person so entitled.
(3) No suit or other proceeding shall be instituted against the 2[Government[, or against any
officer of the 2[Government] in respect of anything done be a Revenue-officer under this section,
but noting in this sub-section shall prevent any person entitled to receive the amount of any such
deposit from recovering it from a person to who0m it has been paid by a Revenue-officer.
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1
Added by Punjab Act I of 1906, section 5.
2
Substituted for the word “Crown” by the Adaptation of Laws Order, 1950.
Recovery of rent form attached Produce.
- Recovery of rent from attached produce – (1) If an order is made by any Court for the
attachment of the produce of a tenancy or of any part of a tenancy, the landlord may apply to the
Revenue-officer by whom t6he attachment is to be or has been made to sell the produce and pay to
him out of the proceeds of the sale thereof the amount or value of-
(a) any rent which has fallen due to him in respect of the tenancy within the year
immediately preceding the application, and
(b) the rent which will be falling due after the harvesting of the produce and is chargeable
against it.
(2) The Revenue-officer shall give the person at whose instance the attachment was made an
opportunity of showing cause why the application of the landlord should not be granted, and, if he
finds the landlord’s claim to the whole or any part of the rent to be proved he shall cause the
produce or such portion thereof as he may deem necessary to be sold, and shall apply the proceeds
of the sale in the first instance to satisfy the claim.
(3) the finding of the Revenue-officer under sub-section (2) shall have the force, of a decree in a suit
between the landlord and the tenant.
Leases for period exceeding term of Assessment of Land-revenue. - Treatment of leases for period exceeding or equal to term of assessment of land-revenue.
(1) Where a lease has been granted, or an agreement has been entered into, by a landowner in
respect of any land assessed to land-revenue fixing for a period exceeding the term for which the
land-revenue has been assessed the rent or other sum payable in respect of the land under the lease
or agreement, and that term has expired, the lease or agreement shall be voidable-
(a) at the option of the landowner if the land revenue of the land has been enhanced and the
person to whom the lease has been granted or with whom the agreement has been entered into
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refuses to pay such rent or other sum as a Revenue Court, on the suit of the land-owner,
determines to be fair and equitable [* * 1 * ]; and where the relation of landlord and tenant exists between the grantor and grantee of the lease or between the persons who entered into the agreement- (b) at the option of the tenant if the land-revenue of the land has been reduced and the landlord refuses to accept such rent as a Revenue Court, on the suit of the tenant, determines to be fair and equitable [ * * * 1 * * * *].
(2) Any agreement relative to the occupation, rent profits or produce of any land which has been
entered into for the term of the currency of an assessment shall, unless a contrary intention clearly
appears in the agreement or the agreement is terminated by consent of parties or course of law,
continue in force until a revised assessment takes effect.
CHAPTER IV
RELINQUISHMENT, ABANDONMENT AND EJECTMENT
Relinquishment. - Relinquishment by tenant for fixed term A tenant holding for a fixed term under a contract or
a decree or order of competent authority may relinquish his tenancy without notice at the end of that
term. - Relinquishment by any other tenant (1) Any other tenant may relinquish his tenancy by
giving verbally or in writing to his landlord, or to his landlord’s agent, on or before the fifteenth day
of January in any year, notice of his intention to relinquish the tenancy at the end of the agricultural
year then current.
(2) the tenant may, instead of, or in addint6ion to giving the notice in the manner mentioned
in sub-section (1), apply to a Revenue-officer on or before the date aforesaid to cause the notice to
be served on the landlord, and the Revenue-officer on receiving the cost of service from the tenant;
shall cause the notice to be served as soon as may be.
(3) If the tenant does not give notice in the manner prescribed in this section, he shall be
liable to pay the rent of his tenancy for any part of the ensuing agricultural year during which the
tenancy is not let by the landlord to some other person or is not cultivated by the landlord himself. - Relinquishment of part only of tenancy – A tenant cannot, without the consent of his landlord,
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relinquish a part only of his tenancy.
Abandonment - Abandonment of tenancy be occupancy tenant- (1) If a tenant having a right of occupancy
fails for more than one year without sufficient cause to cultivate his tenancy either by himself or
some other person, and to arrange for payment of the rent thereof as it falls due, the right of
occupancy shallo be extinguished from the end of that year.
1
[(2) * * * * * *.
Ejectment
LIABILITY TO EJECTMENT - Grounds of ejectment of occupancy tenant – (1) A tenant having a right of occupancy shall be
liable to be ejected from his tenancy on any of the following grounds, namely :-
(a) that he has used the land comprised in the tenancy in a manner which renders it unfit for
the purposes for which he held it;
(b) where rent is payable in kind, that he has without sufficient cause failed to cultivate that
land in the manner or to the extent customary in the locality in which the land is situate;
1
Sub-clause (2) of section 38 (inserted by Punjab Act XI of 1925), was omitted by the Indian (Adaptation of Existing
Laws) Order 1947.
(c) when a decree for and arrear of rent in respect of his tenancy has been passed against
him and remains unsatisfied.
1
[(2) * * * * * *. - Grounds of ejectment of tenant for a fixed term-A tenant not having a right of occupancy by
holding for a fixed term under a contract or a decree or order of competent authority, shall be liable
to be ejected from his tenancy at the expiration of that term, and, on any of the following grounds,
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before the expiration thereof, namely :-
(a) that he has used the land comprised in the tenancy in a manner which renders it unfit for
the purposes for which he held it ;
(b) where rent is payable in kind, that he has without sufficient cause failed to cultivate that
land in the manner or to the extent customary in the locality in which the land is situate;
(c) on any ground which would justify ejectment under the contract, decree or order. - Ejectment of tenant from year to year -A tenant who has not a right of occupancy and does
not hold for a fixed term under a contract or a decree or order of competent authority, may be
ejected at the end ofany agricultural year.
PROCEDURE ON EJECTMENT - Restriction on ejectment – A tenant shall not be ejected otherwise than in execution of a decree
for ejectment, except in the following cases, namely :-
(a) when a decree for an arrear of rent in respect of his tenancy has been passed against him
and remains unsatisfied;
(b) when a tenant has not a right of occupancy and does not hold for a fixed term under a
contract or a decree or order of competent authority.
1
Omitted by the India (Adaptation of Existing Laws) Order, 1947. - Application to Revenue-officer for ejectment -In any such case as is mentioned in clause (a)
or clause (b) of the last foregoing section the landlord may apply to a Revenue-officer for the
ejectrment of the tenant in the case mentioned in the former clause or for the service on the tenant of
the tenant of a notice of ejectment in the case mentioned in the latter clause. - Ejectment for failure to satisfy decree for arrear of rent- (1) On receiving the application in
any such case as is mentioned in clause (a) of section 42, the Revenue-officer shall, after such
inquiry with respect to the existence of the arrear as he deems necessary, cause a notice to be served
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on the tenant stating the date of the decree and the amount due there under, and informing his that if
he does not pay that amount to the Revenue-officer within fifteen days from receipt of the notice he
will be ejected from the land.
(2) If the amount is not so paid the Revenue-officer shall, subject to the provisions of this Act with
respect to the payment of compensation, order the ejectment of the tenant unless good cause is
shown to the contrary. - Ejectment of tenant from year to year by notice- (1) On receiving the application of the
landlord in any such case as is mentioned in clause (b) of section 42, the Revenue-officer shall, if
the application is in order and not open to objection on the face of it, cause a notice of ejectment to
be served on the tenant.
(2) A notice under sub-section (1) shall not be served after the fifteenth day of November in
any 1[agricultural] year.
(3) The notice shall specify the name of the landlord on whose application it is issued and
describe the land to which it relates, and shall inform the tenant that he must vacate the land before
the first day of May next following, or that if he intends to contest his liability to ejectment, he must
institute a suit for that purpose in a Revenue Court within two months from the date of the service of
the notice.
(4) The notice shall also inform the tenant that if he does not intend to contest his liability to
be ejected and he has any claim for compensation on ejectment, he should within two months from
the date of the service of the notice prefer his claim to the Revenue-officer having authority under
the next following sub-section to order his ejectment in the circumstances described in that subsection.
1Inserted by the Amending Act, 1891 (XII of 1891).
(5) If within two months from the date of the service of the notice the tenant does not institute a
suit to contest his liability to be ejected a Revenue-officer, on the application of the landlord shall,
subject to the provisions of this Act with respect to the payment of compensation, order the
ejectment of the tenant :
Provided that the Revenue-officer shall not make the order until he is satisfied that the notice was
duly served on the tenant.
(6) If within those two months the tenant institutes a suit to contest his liability to be ejected
and fails in the suit, the Court by which the suit is determined shall by its decree direct the ejectment
of the tenant.
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Cash-rents paid by Tenants having right of Occupancy - Power to make rules – The Financial Commissioner may make rules prescribing-
(a) the form and language of applications and notices under the two last foregoing sections ;
and
(b) the manner in which those applications and notices are to be signed and attested.
GENERAL PROVISIONS RESPECTING EJECTMENT. - Time for ejectment – A decree or order for the ejectment of a tenant shall not be executed at
any other time than between the first day of May and the fifteenth day of June (both days inclusive),
unless the Court making the decree pr, where the order is made under section 44, the officer making
the order, otherwise directs. - Relief against forfeiture – (1) If in a suit for the ejectment of a tenant on either of the grounds
mentioned in clauses (a) and (b) of section 39 or of section 40, it appears to the Court that the injury
caused by the act or omission on which the suit is based is capable of being remedied, of that an
award of compensation will be sufficient satisfaction to the landlord therefor, the Court may, instead
of making a decree for the ejectment of the tenant order him to remedy the injury within a period to
be fixed in the order or order him to pay into Court, within such a period, such compensation as the
Court thinks fit.
(2) The Court may from time to time, for special reasons, extend a period fixed by it under subsection (1)
(3) If within the period, or extended period, as the case may be fixed by the Court under this
section, the injury is remedied or the compensation is paid, a decree for the ejectment of the tenant
shall not be made. - Right of ejected tenant in respect of crops and land prepared for sowing – (1) Where at the
time of the proposed ejectment of a tenant from any land his uncut or ungathered crops are standing
on any part thereof, he shall not be ejected from that part until the crops have ripened and he has
been allowed a reasonable time to harvest them.
(2) The Court or Revenue-officer decreeing or ordering the ejectment of the tenant may on the
application of the landlord, determine, any dispute arising in consequence of the provisions of subsection (1) between the landlord and tenant or between the landlord and any person entitled to
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harvest discretion-
(a) direct that the tenant pay for the longer occupation of the land secured to him under
sub-section (1) such rent as may be fair and equitable ; or
(b) determine the value of the tenant’s uncut and ungathered crops, and, on payment
thereof by the landlord to the Court of Revenue-officer forthwith eject the tenant. (3) When a tenant for whose ejectment proceeding have been taken has comfortably with
local usage prepared for sowing any land comprised in his tenancy but has not sown or planted
crops on that land, he shall be entitled to receive from the landlord before ejectment aq fair
equivalent in money for the labour and capital expended by him in so preparing the land and the
Court or Revenue-officer before which or whom proceedings, are pending shall, on the application
of the tenant, determine the sum payable to the tenant under this sub-section and stay his ejectment
until that sum has been paid to him.
RELIEF FOR WRONGFUL DISPOSSESSION - Relief for wrongful dispossession or ejectment – In either of the following cases, namely-
(a) if a tenant has been dispossessed without his consent of his tenancy or any part thereof
otherwise than in execution of a decree or than in pursuance of an order under section 44or
section 45;
(b) If a tenant who, not having instituted a suit under section 45 has been ejected from his
tenancy or any part thereof in pursuance of an order under that section denies his liability to
be ejected;
The tenant may within one year from the date of his dispossession or ejectment, institute a suit for
recovery of possession or occupancy or for compensation, or for both.
1[50-A. Bar to civil suits No person whose ejectment has been ordered by a Revenue Court under
section 45, sub-section (6) or whose suit has been dismissed under section 50, may institute a suit in
a civil court to contest his liability to ejectment or to recover possession or occupancy rights; or to
recover compensation.] - Bar of relief by under section 9, Act I of 1877 – Possession of a tenancy or of any land
comprised in a tenancy shall not be recoverable under section 9 of the Specific Relief Act, 1877,
2by a tenant dispossessed thereof.
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Power to vary dates prescribed by this Chapter. - Power for 4[State] government to fix date for certain purposes- (1) The 3[State]
Government may, for all or any of the territories under its administration by notification fix for the
purposes of sections 36, 45 and 47 or of any of those sections, any other dates instead of those
specified therein.
1
Inserted by Punjab Act V of 1929, section 2.
2
Unrepealed Central Acts, Volume II.
3
Subnstituted for the word “Provincial” by the Adaptation of Laws order, 1950.
4
Substituted for the word “Provincial” by virtue of change made in the section by the Adaptation of Laws Order, 1950.
(2) A notification under this section shall not take effect till after the expiration of six months from
the date of the publication thereof.
CHAPTER V
ALIENATION OF, AND SUCCESSION TO,
RIGHT OF OCCUPANCY
1[52-A. Alienation * * * * * *. - Private transfer of right of occupancy under section 5 by tenant – (1) A tenant having a right
of occupancy under section 5 may transfer that right by sale gift or mortgage, subject to the
conditions mentioned in this section.
(2) If he intends to transfer the right by sale, gift, mortgage by conditional sale or usufructuary
mortgage, he shall cause notice of his intention to be served on his landlord through a Revenueofficer and shall defer proceeding with the transfer for a period of one month from the date on
which the notice is served.
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(3) Within that period of one month the landlord may claim to purchase the right at such value as a
Revenue-officer may, on application made to him in this behalf, fix.
(4) when the application to the Revenue-officer is to fix the value of a right of occupancy
which is already mortgaged, he shall fix the value of the rights as if it were not mortgaged.
(5) The landlord shall be deemed to have purchased the right if he pays the value to the
Revenue-officer within such time as that officer appoints.
(6) On the value being so paid, the right of occupancy shall be extinct, and the Revenue-officer
shall, on the application of the landlord, put the landlord in possession of the tenancy.
(7) If the right of occupancy was already mortgaged the tenancy shall pass to the landlord
unencumbered by the mortgage but the mortgage-debt shall be a charge on the purchase-money.
1
Section 52-A [added by the Punjab Tenancy (Amendment) Act, 1925 (XI of 1925), section 10,[ omitted by the India
(Adaptation of Existing Laws Order, 1947 section 4 (ii).
(8) If there is no such charge as aforesaid the Revenue-officer shall, subject to any directions
which he may receive from any Court, pay the purchase-money to the tenant.
(9) If there is such a charge the Revenue-officer shall subject as aforesaid either apply in
discharge of the purchase- money as the mortgage-debt so much of the purchase-money as is
required for that purpose and pay the balance, if any to the tenant, or retain the purchase-money
pending the decision of a Civil Court as to the person or persons entitled thereto.
(10) Where there are several landlords of a tenancy any one of them pay be deemed to be the
landlord for the purposes of this section.
(11) No suit or other preceding shall be instituted against the 1[Government], or against any
officer of the 1[Government] in respect of anything done by a Revenue-officer under the two last
foregoing sub-sections, but nothing in this sub-section shall prevent any person entitled to receive
the whole or any part of the purchase-money from recovering it from a person to whom it has been
paid by a Revenue-officer. - Procedure on foreclosure of mortgage of right of occupancy under section 5 – Where a
mortgagee of a right of occupancy under section 5 proposes to foreclose his mortgage, or otherwise
enforce his lien on the land subject to the right, the provisions of the last foregoing section shall, so
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far as they can be made applicable, apply as if the mortgagee were the tenant. - Sale of right of occupancy under section 5 in execution of decree – (1) A right of occupancy
under section 5 may be sold in execution of a decree or order of a Court.
(2) But notice of an intended sale of any such right shall be given by the Court to the landlord, and if
at any time before the close of the day on which the sale takes place the landlord pays to the Court
or to the officer conducting the sake a deposit of twenty –five per centum on the highest bid made at
the sale he shall be declared to be the purchaser instead of the person who made that bid.
1
Substituted for the word “Crown” by the Adaptation of Laws Order, 1950. - Transfer of right of occupancy under any other section than section 5 – A right of
occupancy under any other section than section 5 shall not be attached or sold in execution of a
decree or order of any Court or, without the previous consent in writing of the landlord, be
transferred by private contract. - Rights and liabilities of transferee of right of occupancy – When a right of occupancy has
been transferred by sale, gift or usufructuary mortgage to a person other than the landlord, that
person shall in respect of the land in which the right subsists, have the same rights and be subject to
the same liabilities as the tenant to whom before the transfer the right had belonged and was subject
to. - Subletting -(1) A tenant having a right of occupancy in land may, subject to the provisions of
this Act and to the conditions of any written contract between him and his landlord, sublet the land
or any part thereof for any term not exceeding seven years.
(2) A person to whom land is sublet by a tenant having a right of occupancy therein shall, in respect
of that land, so far as regards the landlord be jointly with the tenant, subject to all the liabilities of
the tenant under this Act.
1[58-A Transfer of right of occupancy under any section of the Act by exchange -(1) Any tenant
with a right of occupancy may, with the consent of his landlord, transfer his land to all the members
of a Co-operative Society for the Consolidation of Holding of which both he and his landlord are
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members and obtain from them any other land in exchange.
Succession - Succession to right of occupancy – (1) When a tenant having a right of occupancy in any
land dies, the right shall devolve-
(a) on his male lineal descendants, if any, in the male line of descent; and
1
Added by Punjab Act 2 of 1927 section 2. (this amendment was made effective from the 1st day of April, 1920).
(b) failing such descendants, on his widow if any until she dies or remarries or
abandons the land or is under the provisions of this Act ejected therefrom; and
1[(c) failing such descendants and widow, or widowed mother, if any, until she dies
or remarries or abandons the land or is under the provisions of this Act ejected
therefrom].
2[(d) failing such descendants and widow, or widowed mother or, if the deceased
tenant left a widow or widowed mother then when her interest terminates under clause
(b) or (c) of this sub-section, on his male collateral relatives in the male line of descent
from the common ancestor of the deceased tenant and those relatives].
Provided with respect to clause 3(d) of this sub-section, that the common ancestor occupied the land
4[Explanation.- For the purpose of clause 5(d) land obtained in exchange by the deceased tenant or
any of his predecessors-in-interest in pursuance of the provisions of sub-section (1) of section 58-A
shall be deemed to have been occupied by the common ancestor if the land given for it in exchange
was occupied by him].
(2) As among descendants and collateral relatives claiming under sub-section (1) the right shall,
subject to the provisions of that sub-section devolve as if it were land left by the deceased in the
village in which the land subject to the right is situate.
(3) When the widow of a deceased tenant succeeds to a right of occupancy she shall not transfer the
right by sale, gift or mortgage or by sub-lease for a term exceeding one year.
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1
Substitutede for the old clause by Punjab Act 9 of 1939, section 2(I).
2
Inserted by Punjab Act 9 of 1939, section 2(ii).
3
Substituted for the letter “c” in brackets by Punjab Act 9 of 1939, section 2(iii).
4
Added by Punjab Act 2 of 1927, section 3. (This amendment was made effective from the 1st day of April, 1920)
5
Substituted for the letter “c” in brackets by Punjab Act 9 of 1939, section 2(iv).
(4) If the deceased tenant has left no such persons as are mentioned in sub-section (1) on whom hiss
right of occupancy may devolve under that sub-section, the right shall be extinguished.
Irregular Transfers. - Irregular transfer of right of occupancy – Transfer made of a right of occupancy in
contravention of the foregoing provisions of this Chapter shall be avoidable at the instance of the
landlord.
Contents Next
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CHAPTER VI
CHAPTER VI.
IMPROVEMENTS AND COMPENSATION.
Improvement by Landlords. - Improvements by landlords on tenancies of occupancy tenants – (1) Without the previous
permission of the Collector, a landlord shall not improvement on the tenancy of a tenant having a
right of occupancy.
(2) If a landlord desires to make such an improvement he may apply to the Collector for
permission to make it and the Collector shall before making an order on the application, hear the
objection, if any, of the tenant.
(3) In making an order on an application under sub-section (2) the Collector shall be
guided by such rules if any as the 1[State] Government may, * * 2 * * * *, make in this
behalf. - Enhancement of rent in consideration of an improvement made by a landlord on the
tenancy of an occupancy tenant – (1) When a landlord has with the permission mentioned in the
last foregoing section, made an improvement on the tenancy of a tenant having a right of
occupancy he may apply to the Collector fir an enhancement of the rent of the tenant.
(2) If the tenant is a tenant to whom section 20 applies the Collector shall enhance his rent to the
share or rates or with reference to the rent in gross as the case may be paid by tenants having a
similar right of occupancy for land of a similar description and with similar advantages.
1
Substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.
2
The words “with the previous sanction of the Governor-General in Council” were repealed by the Decentralization
Act, 1914 (4 of 1914).
(3) If the tenant is a tenant to whom section 22 applies the Collector shall enhance his rent to
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CHAPTER VI
assessed.
(4) When the improvement ceases to exist, the Collector may, on the application of the
tenant, reduce the tenant’s rent,-
(a) in the case of a tenant to whom sub-section (2) applies to share or rates, or with
reference to the rent in gross as the case may be paid by tenants having a similar right of
occupancy for land of a similar description and with similar advantages; and
(b) in the case of a tenant to whom sub-section (3) applies to such an amount as the
tenant would be liable to pay if the land revenue were re-assessed.
(5) Section 25 and 26 shall be construed as applying to an application under this section and a
suit shall not lie in any Court for any purpose for which an application might be made under this
section.
Improvements by Tenants. - Title of occupancy tenant to make improvements – A tenant having a right of occupancy is
entitled to make improvements on his tenancy. - Title of tenants not having right of occupancy to make improvements – (1) A tenant not
having a right of occupancy may make improvements on his tenancy with the assent of his
landlord.
(2) If at any time the question arises whether or not the landlord assented to the making of an
improvement by a tenant not having a right of occupancy the assent may be inferred from
circumstances. - Improvements made before commencement of this Act – Improvement made by a tenant
before the commencement of this Act shall be deemed to have been made in accordance with this
Act, unless in the case of a tenant not having a right of occupancy it is shown that the
improvement was made in contravention of a written agreement between him and his landlord. - Improvements begun in anticipation of ejectment – A tenant ejected in execution of a
decree or in pursuance of a notice of a notice of ejectment shall not be entitled to compensation for
any improvement begun by him, after the institution of the suit or service of the notice which
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resulted in his ejectment. - Tender of lease for twenty years to tenant to be a bar to right to compensation – If a
landlord tenders to a tenant a lease of his tenancy for a term of not less than twenty years from the
date of the tender at the rent then paid by the tenant or at such other rent as may be agreed on the
tender if accepted by the tenant shall bar any claim by him to compensation in respect of
improvements previously made on the tenancy. - Liability to pay compensation for improvements to tenants on ejectment or on
enhancement of his rent – Subject to the foregoing provisions of this Chapter a tenant who has
made an improvement on his tenancy in accordance with this Act shall not be ejected, and the rent
payable by him shall not be enhanced, until he has received compensation for the improvement.
Compensation for Disturbance of Clearing - Compensation for disturbance of clearing tenants – (1) A tenant who has cleared and
brought under cultivation waste-land in which he has not a right of occupancy shall if ejected from
that land be entitled to receive from the landlord as compensation for disturbance in addition to
any compensation for improvements a sum to be determined by a Revenue Court or Revenueofficer in accordance with the merits of the case but not exceeding five year’s rent of the land :
Provided that a tenant who is a joint owner of land to which this section applies shall not be
entitled to compensation for disturbance on ejectment from the land or any part thereof.
(2) If rent has been paid for the land by division or appraisement of the produce or by rates fixed
with reference to the nature of the crops grown, or if not rent, or no rent other than the landrevenue of the land and the rates and cesses chargeable thereon, has been paid therefor, the
compensation may be computed as if double the amount of the land-revenue of the land were the
annual rent thereof.
1
[Provided that in any estate of which the assessment has been confirmed on or after the twentysecond day of February, 1929, the compensation may be computed as if four times the amount of
the land were the annual rent thereof].
Procedure in determining Compensation
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CHAPTER VI - Determination of compensation by Revenue Courts – (1) In every suit by a tenant to contest
his liability to ejectment or by a landlord to eject a tenant or to enhance his rent the Court shall
direct the tenant to file a statement of his claim, if any, to compensation for improvements or for
disturbance and of the grounds thereof.
(2) If the Court decrees the ejectment of the tenant or the enhancement of his rent it shall
determine the amount of compensation if any, due to the tenant and shall stay execution of the
decree until the landlord pays into Court that amount less any arrears of rent or costs proved to the
satisfaction f the Court to be due to him from the tenant. - Determination of compensation by Revenue officers – In either of the following cases,
namely-
(a) when a notice has been served on a tenant under section 44;
(b) when a notice of ejectment has been served on a tenant under section 45 and the tenant
has not instituted a suit to contest his liability to be ejected, the tenant may apply to the
Revenue-officer having authority to order his ejectment under section 44 or section 45, as
the case may be, to determine the amount of compensation due to him for improvements or
for disturbance of for both and the Revenue-officer shall determine the amount if any,
accordingly and stay the ejectment of the tenant until the landlord pays to the Revenueofficer then amount so determined less any arrears of rent or costs proved to the satisfaction
of the Revenue-officer to be due to the landlord from the tenant.
1
Added by Punjab Act 4 of 1933 section 2.
- Matters to be regarded in assessment of compensation for improvements – In estimating
the compensation to be awarded under this Chapter to a tenant for an improvement, the Court or
Revenue-officer shall have regard to-
(a) the amount by which the value or the produce of the tenancy, or the value of that
produce is increased by the improvement;
(b) the condition of the improvement and the probable duration of its effects;
(c) the labour and capital required for the making of such an improvement;
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(d) any reduction or remission of rent or other advantage allowed to the tenant by the
landlord in consideration of the improvement; and
(e) in the case of a reclamation or of the conversion of unirrigated into irrigated land the
length of time during which the tenant has had the benefit of the improvement. - Form of compensation – (1) the compensation shall be made by payment in money, unless the
parties agree that it be made in whole or in part by the grant of a beneficial lease of land or in
some other way.
(2) If the parties so agree, the Court or Revenue-officer shall, make an order accordingly.
Relief in case of ejectment before the Determination of Compensation. - Relief in case of ejectment before determination of compensation -(1) If from any
cause the amount of compensation payable to a tenant-
(a) under this Chapter for improvements or disturbance, or
(b) under section 49 for the value of uncut or ungathered crops or the preparation of land
for sowing, has not been determined before the tenant is ejected, the ejectment shall not
be invalidated by reason of the omission, but the Court or Revenue-officer which decreed
or who ordered the ejectment may, on application made by the tenant within one year
from the date of the ejectment, correct the omission by making in favour of the tenant an
order for the payment to him by the landlord of such compensation as the Court or officer
may determine the tenant to be entitled to.
(2) An order made under sub-section (1) may be executed in the same manner as a decree for
money may be executed by a Revenue Court.
CHAPTER VII
JUROSDICTION AND PROCEDURE.
Jurisdiction - Revenue-officer – XVII of 1887 – (1) There shall be the same classes of Revenue-officer
under this Act as under then 1Punjab Land-revenue Act, 1887, and in the absence of any order of
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the 2[State] Government to the contrary, a Revenue-officer of any class having jurisdiction within
any local limits under that Act shall be a Revenue-officer of the same class having jurisdiction
within the same local limits under this Act.
(2) the expressions “Collector” and “Financial Commissioner” have the same meaning in this Act
as in the Punjab Land-Revenue Act, 1887. - Applications and proceedings cognizable by Revenue-officer – (1) the following
applications and proceedings shall be disposed of by Revenue-officers as such and no Court shall
take cognizance of any dispute or matter with respect to which any such application or proceeding
might be made or had :
FIRST GROUP
(a) proceedings under section 27 for the adjustment of rents expressed in terms of the
land-revenue;
(aa) * * * 3 * * *.
1
Infra.
2
Substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.
3
Clause (aa) inserted by section 11 of Punjab Act 11 of 1925 has been omitted by the India (Adaptation of existing
Indian Laws) Order, 1947, section 4(1).
(b) proceedings relating to the remission and suspension of rent under section 30;
(c) applications under section 43 for the ejectment of a tenant against whom a decree for an
arrear of rent in respect of his tenancy has been passed and remains unsatisfied;
(d) applications under section 45, sub-section (5) for the ejectment of a tenant on whom a
notice of ejectment has been served and who has not instituted a suit to contest his liability
to be ejected but has claimed compensation under section 71;
(e) applications under section 53 or section 54 for the fixing of the value of a right of
occupancy;
(f) applications under section 53 or section 54 by landlords for possession of land, the right
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of occupancy in which has become extinct;
(g) proceedings under Chapter VI with respect to the award of compensation for
improvements or disturbance;
SECOND GROUP
(h) application under section 17 with respect to the division or appraisement of produce;
(i) applications under section 45, sub-section (5), for the ejectment of a tenant on whom a
notice of ejectment has been served and notice of ejetment of a tenant has been served and
who has not instituted a suit to contest his liability to be ejected and has not claimed
compensation under section 71;
(j) applications for the determination-
(i) under section 49 of the rent payable for land occupied by crops uncut or
ungathered at the time of an order being made for the ejectment of a tenant; or
(ii) under section 49 or section 74 of then value of such crops or of the sum
payable to the tenant for labour and capital expended by him in preparing land for
sowing.
THIRD GROUP
(k) applications under section 31 by tenants to deposit rent;
(l) applications under section 36 for service of notice of relinquishment;
(m) applications under section 43 for service of notice of ejectment;
(n) applications under section 35 or section 54 for service of notice of intended transfer or
of intended foreclosure or other enforcement of lien;
(2) Except as otherwise provided by any rule made by the Financial Commissioner in this behalf,-
(a) a Collector or an Assistant Collector of the first grade may dispose of any of the
applications and proceedings mentioned in sub-section (1);
(b) an Assistant Collector of the second grade, not being a Naib-Tehsildar, may dispose of
any of the applications mentioned in the second and third group of that sub-section; and
(c) a Naib-Tehsildar, when invested with the powers of an Assistant Collector of the
second grade, may dispose of any of the applications mentioned in the third group of that
sub-section.
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77 Revenue Courts and suits cognizable by them – (1) When a Revenue-officer is exercising
jurisdiction with respect to any such suit as is described in sub-section (3); or with respect to an
appeal or other proceeding arising out of any such suit, he shall be called a Revenue Court.
(2) There shall be the same classes of Revenue Courts as of Revenue-officers under this Act, and,
in the absence of any order of the 1[State] Government to the contrary a Revenue-officer of any
class having jurisdiction within any local limits under this Act shall be a Revenue Court of the
same class having jurisdiction within the same local limits.
1
Substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.
(3) The following suits shall be instituted in, and heard and determined by Revenue Courts and not
other Court shall take cognizance of any dispute or matter with respect to which any such suit
might be instituted :
Procedure where revenue matter is raised in a Civil Court.
1[Provided that-
(1) where in a suit cognizable by and instituted in a Civil Court it becomes necessary to decide
any matter which can under this sub-section be heard and determined only by a Revenue Court,
the Civil Court shall endorse upon the plaint the nature of the matter for decision and the
particulars required by Order VII, rule 10, Civil Procedure Code2 and return the plaint for
presentation to the Collector;
(2) on the plaint being presented to the Collector, the Collector shall proceed to hear and
determine the suit where the value thereof exceeds Rs. 1, 000 or the matter involved is of the
nature mentioned in section 77(3). First Group of the Punjab Tenancy Act, 1887, and in other
cases may send the suit to an Assistant Collector of the first grade for decision.]
FIRST GROUP
(a) suits between landlord and tenant for enhancement or reduction of rent under section 24;
(b) suits between landlord and tenant for addition, to or abatement of rent under section 28 or
for commutation of rent;
(c) suits under section 34 for the determination of rent or other sum on the expiration of the
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term of an assessment of land-revenue 3[and suits relating to the rent to be paid under a
mortgage made in accordance with form (c) as prescribed by section 6 of the 4Punjab
Alienation of Land Act, 1900];
1
Added by the Punjab Tenancy (Amendment) Act, 1912 (Punjab Act III of 1912) section 2.
2
India Code Volume II
3
Added by the Punjab Alienation of Land Act, 1900 (13 of 1900), section 22. Act 13 of 1900 now stands repealed by
Adaptation of Laws (Third Amendment ) Order, 1951.
4
Repealled by the Adaptation of Laws (Third Amendment) Order, 1951.
(d) suits by a tenant to establish a claim to a right of occupancy or by a landlord to prove that a
tenant has not such a right;
(e) suits by a landlord to eject a tenant;
(f) suits by a tenant under section 45 to contest liability to ejectment when notice of ejectment
has been served;
(g) suits by a tenant under section 50 for recovery of possession or occupancy or for
compensation or for both;
(h) suits by a landlord to set aside a transfer made of a right of occupancy or to dispossess a
person to whom such a transfer has been made or for both purposes;
(i) any other suit between landlord and tenant arising out of the lease or conditions on which a
tenancy is held;
(j) suits for sums payable on account of village-cesses or village expenses;
(k) suits by a co-sharer in an estate or holding settlement of accounts;
(l) suits for the recovery of over-payments of rent or land-revenue or of any other demand for
which a suit lies in a Revenue Court under this sub-section;
(m)suits relating to the emoluments of Kanungo, Ziladars, inamdars or village officers;
THIRD GROUP
(n) suits by a landlord for arrears of rent or the money-equivalent of rent or for sums
recoverable under section 14 1[or suits for the recovery of such arrears or sums by any other
person to whom a right to recover the same has been sold or otherwise transferred;];
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(o) suits by a landowner to recover moneys claimed as due for the enjoyment of rights in or
over land or in water, including rights or irrigation, rights of irrigation rights over fisheries,
rights of pasturage and forest-rights;
1
Added at the end by Punjab Act 18 of 1063, section 2.
(p) suits for sums payable on account of land revenue or of any other demand recoverable as
and arrear of land-revenue under any enactment for the time being in force, and by a superior
landowner for other sums due to him as such.
(3) Except as otherwise provided by any rule made by the Financial Commissioner in this
behalf,-
(a) a Collector may hear and determine any of the suits mentioned in sub-section (3);
(b) an Assistant Collector of the first grade may hear and determine any of the suits mentioned
in the second and third groups of that sub-section and if he has by name been specially
empowered in this behalf by the 1[State]Government, any of the suits mentioned in the first
group; and
(c) an Assistant Collector of the second grade may hear and determine any of the suits
mentioned in the third group.
Administrative Control. - Superintendence and control of Revenue-officers and Revenue Courts – (1) The
general superintendence and control over all other Revenue-officers and Revenue Courts shall be
vested in, and all such officers and Courts shall be subordinate to the Financial Commissioner.
(2) Subject to the general superintendence and control of the Financial Commissioner, a
Commissioner shall control all other Revenue-officers and Revenue Courts in his division.
(3) Subject as aforesaid and to the control of the Commissioner a Collector shall control all
other Revenue-officers and Revenue Courts in his district. - Power to distribute business and withdraw and transfer cases (1) The Financial
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officer or Revenue Courts under his control.
1
Substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.
(2) the Financial Commissioner or a Commissioner or Collector may withdraw any case
pending before any Revenue-officer or Revenue Court under his control, and either dispose of it
himself or by written order refer it for disposal to any other Revenue-officer or Revenue Court
under his control.
(3) An order under sub-section (1) or sub-section (2), shall bot empower any Revenue-officer
or Revenue Court to exercise any powers or deal with any business which he or it would not be
competent to exercise or deal with within the local limits of his or its own jurisdiction.
Appeal, Review and Revision. - Appeals – Subject to the provisions of this Act and the rules thereunder an appeal shall lie
from an original or appellate order or decree made under this Act by a Revenue-officer or Revenue
Courts; as follows, namely :-
(a) to the Collector when the order or decree is made by an Assistant Collector of either
grade;
(b) to the Commissioner when the order or decree is made by a Collector;
(c) to the Financial Commissioner when the order or decree is made by a Commissioner;
Provider that-
(i) an appeal from an order or decree made by an Assistant Collector of the first grade
specially empowered by name in that behalf by the 1[State] Government in a suit mentioned
in the group of sub-section (3) of section 77 shall lie to the Commissioner and not to the
Collector;
(ii) when an original, order or decree is confirmed on first appeal, a further appeal shall
not lie;
(iii) when any such order or decree is modified or reversed on appeal by the Collector
the order or decree made by the Commissioner on further appeal, if any, to him shall be final.
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1
Substituted for the word “Provincial” by the Adaptation of Laws Order, 1950. - Limitation for appeals – the period of limitation for an appeal under the last foregoing
section shall run from the date of the order pr decree appealed against and shall be as follows that
is to say :-
(a) when the appeal lies to the Collector –thirty days;
(b) when the appeal lies to the Commissioner –sixty days;
(c) when the appeal lies to the Financial Commissioner-ninety days; - Review by Revenue-officers – (1) A Revenue-officer as such may either of his own motion
or on the application of any party interested review and on so reviewing modify reverse or confirm
any order passed by himself or by any of his predecessors in office.
Provided as follows :-
(a) when a Commissioner or Collector thinks it necessary to review any order which he has
not himself passed and when a Revenue-officer of a class below that of Collector proposes to
review any order whether passed by himself or by any of his predecessors in officer he shall
first obtain the sanction of the Revenue-officer to whose control he is immediately subject;
(b) an application for review of an order shall not be entertained unless it is made within
ninety days from the passing of the order or unless the applicant satisfies the Revenue-officer
that he had sufficient cause for not making the application within that period;
(c) an order shall not be modified or reversed unless reasonable notice has been given to the
parties affected there by to appear and be heard in support of the order;
(d) an order against which an appeal has been preferred shall not be reviewed.
(2) For the purposes of this section the Collector shall be deemed to be the successor in office of
any Revenue-officer of a lower class who has left the district or has ceased to exercise powers as a
Revenue-officer and to whom there is no successor in office. - Computation of periods limited for appeals and applications for review – In the
computation of the period for an appeal from or an application for the review of an order under
this Act, the limitation therefor shall be governed by the Indian Limitation Act, 1877.
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CHAPTER VI - Power to call for examine and revise proceedings of Revenue-officers or Revenue Courts
- (1) The Financial Commissioner may at any time call for the record of any case pending before
or disposed of by any Revenue-officer or Revenue Courts subordinate to him.
(2) A Commissioner or Collector may call for the record of any case pending before or
disposed of by any Revenue-officer or Revenue Court under his control.
(3) If in any case in which a Commissioner or Collector has called for a record he is of
opinion that the proceedings taken or the order or decree made should be modified or reversed he
shall submit the record with his opinion on the case for the orders of the Financial Commissioner.
(4) If after examining a record called for by himself under sub-section (1) or submitted to him
under sub-section (3) the Financial Commissioner is of opinion that it is inexpedient to interfere
with the proceedings or the order or decree he shall pass an order accordingly.
(5) If after examining the record the Financial Commissioner is of opinion that it is expedient
to interfere with the proceedings or the order or decree on any ground on which the 2[High Court]
in the exercise of its revisional jurisdiction may under the law fir the time being in force interfere
with the proceedings or an order or decree of a Civil Court he shall fix a day for hearing the case
and may on that or any subsequent day to which he may adjourn the hearing on which he may
appoint in this behalf pass such order as he thinks fit in the case.
1
See now the Indian Limitation Act, 1908 (9 of 1903), Unrepealed Central Acts Volume V.
2
Substituted for the words “Chief Court” by Act 18 of 1919.
(6) Except when the Financial Commissioner fixes under sub-section (5) a day for hearing the
case no party has any right to be heard before the Financial Commissioner when exercising his
powers under this section. - * * * * * * *.
Procedure.
- Procedure of Revenue-officers – (1) The 1[State] Government may make rules2 consistent
with this Act for regulating the procedure of Revenue-officers under this Act in cases in which a
procedure is not prescribed by this Act.
(2) The rules may provide among other matters for the mode of enforcing orders of ejectment
from and delivery of possession of immoveable property and rules providing for those matters
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may confer on a Revenue-officer all or any of the powers in referred to contempts resistance and
the like which a Civil Court may exercise in the execution of a decree whereby it has adjudged
ejectment from or delivery of possession of such property.
(3) The rules may also provide for the mode of executing orders as to costs and may adapt to
proceedings under this Act all of any of the provisions of the 3Punjab Land-Revenue Act, 1887,
with respect to arbitration.
(4) Subject to the rules under this section a Revenue-officer may refer any case which he is
empowered to dispose of under this Act to another Revenue-officer for investigation and report
and may decide the case upon the report. - Persons by whom appearance may be made before Revenue-officers as such and not as
Revenue Courts – (1) Appearances before a Revenue-officer as such and application to and acts
to be done before him under this Act may be made of done-
(a) by the parties themselves, or
(b) by their recognized agents or a legal practitioner :