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The Punjab Tenancy Act, 1887
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THE v/,‘,2c.
PUNJAB TENANCY
ACT, 1887 ,
(Act No. 16 of 1887) gra-07T
c
As aaint /D4
Application to Punjab & Haryana
ALOW-GWITif
THE PUNJAB TENANCY RULES, 1909
THE PUNJAB PETITION WRITERS (REVENUE) RULES, 1982
THE PUNJAB OCCUPANCY TENANTS (VESTING OF PROPRI-
ETARY RIGHTS) ACT, 1952
LATEST CASE LAW
2.00
NOTIFICATIONS
PUNJAB LAW AGENCY
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Phone : 0172-5071706, Mobile 9815652222
THE
PUNJAB TENANCY
ACT, 1887
(Act No. 16 of 1887)
CONTENTS
1.
2.
3.
4.
Sections Page
CHAPTER - I : PRELIMINARY
Nos.
2
2
2
2
Short Title, extent and commencement
Power to make rules in anticipation of commencement
Repeal
Definitions
CHAPTER - II : RIGHT OF OCCUPANCY
5. Tenants having right of occupancy 8
6. Right of occupancy of other tenants recorded as having the
right before passing of Punjab Tenancy Act, 1868 9
7. Right of occupancy in land taken in exchange 10
8. Establishment of right of occupancy on grounds other than
those expressly stated in Act 10
9. Right of occupancy not to be acquired by mere lapse of time. 10
10. Right of occupancy not to be acquired by joint owner in land
held in joint ownership. 10
11. Continuance of existing occupancy-rights 10
CHAPTER - Ill : RENT:- RENTS GENERALLY
12. Respective rights of landlord and tenant to produce 11
13. Commutation and alteration of rent 11
14. Payments for land occupied without consent of landlord 12
15. Collection of rents of undivided properly 13
PRODUCE RENTS •
16. Presumption with respect to produce rents removed before
division or appraisement 13
IV CONTENTS
17. Appointment of referee for division or appraisements 13
18. Appointment of assessors and procedure of referee 13
19. Procedure after division or appraisement. 14
20. Enhancement of produce-rents of occupancy-tenants 14
21. Reduction of rents referred to in the last foregoing sections
[Cash rents paid by Tenants having Rights of Occupancy] 14
22. Enhancement of cash rents of occupancy tenants 15
23. Reduction of rents referred to in the last foregoing sections 15
[General provisions relating to Suits for Enhancement or
Reduction of Rent]
24. Enhancement and reduction of rent by suit 15
25. Discretion as to extent of enhancement or reduction 16
26. Time for enhancement or reduction to take effect 16
27. Adjustment of rents expressed in terms of the land revenue 16
27.-A. Omitted 17
28. Alteration of rent on alteration of area 17
29. Remission of rent by Courts decreeing arrears 18
30. Remission and suspension of rent consequent on like
treatment of land revenue 18
31. Power to Deposit rent in certain cases with revenue officer 19
32. Effect of depositing rent 20
33. Recovery of rent from attached produce 20
Lease for period exceeding term of assenting Land Revenue
34. Treatment of leased for period exceeding or equal to terms
of assessment of land revenue 21
CHAPTER - IV : RELINQUISHMENT, ABANDONMENT AND
EJECTMENT
35. Relinquishment by tenant for a fixed term 21
36.• Relinquishment by any other tenant 22
37. Relinquishment of part only of a tenancy 22
38. Abandonment of tenancy by occupancy tenant 22
LIABILITY TO EJECTMENT
39. Grounds of ejectment of occupancy-tenant 22
40. Grounds of ejectment of tenant for a fixed ferm 23
41. Ejectment of tenant from year to year 24
CONTENTS V
PROCEDURE ON EJECTMENT
42. Restriction on ejectment
24
43. Application to Revenue Officer for ejectment
24
44. Ejectment for failure to satisfy decree for arrear of rent
24
45. Ejectment of tenant from year to year by notice
24
46. Power to make rules
25
GENERAL PROVISIONS RESPECTING EJECTMENT
47. Time for ejectment
26
48. Relief against forfeiture
26
49. Rights of ejected tenants in respect of crops and Land
prepared for showing
26
Relief for Wrongful Dispossession
50. Relief for wrongful dispossession or ejectment 27
50-A. Bar to civil suits 27
51. Bar or relief by suit under Section 9, Act I of 1877 27
Power to vary dates Prescribed by this Chapter
52. Power for (State) Government to fix dates for certain purposes 27
52-A. Omitted
28
CHAPTER - V : ALIENATION OF AND SUCCESSION TO, RIGHT
OF OCCUPANCY
ALIENATION
53. Private transfer of right of occupancy under Section 5
by tenants
28
54. Procedure on foreclosure of mortgage of right of occupancy
under Section 5
29
55. Sale of right of occupancy under Section 5 in execution of
decree
29
56. Transfer of right of occupancy under any other section than
Section 5
29
57. Rights and liabilities of transfer of right occupancy
29
58. Subletting
30
58-A. Transfer of right occupancy under any section of the Act
by exchange
30
59. Succession to right of occupancy
30
60. Irregular transfer or right of occupancy
31
VI
CONTENTS
CHAPTER - VI : IMPROVEMENTS AND COMPENSATION
IMPROVEMENTS BY LANDLORDS
61. Improvements by landlords on tenancies of occupancy tenants
62. Enhancement of rent in consideration of an improvement
made by a landlord on the tenancy of an occupancy tenant.
IMPROVEMENTS BY TENANTS
63. Title of occupancy tenant to make improvements
64. Title of tenants not having right of occupancy to make
improvements
65. Improvements made before commencement of this Act
66. Improvements begun in anticipation of ejectment
67. Tender of lease of twenty years to tenant to be a bar to right
to compensation
68. Liability to pay compensation for improvements to tenants
on ejectment or on enhancement of his rent.
69. Compensation for disturbance of clearing tenants.
70. Determination of compensation by Revenue Courts.
71. Determination of compensation by Revenue officers
72. Matters to be regarded in assessment of compensation
for improevements
73. Form of compensation
74. Relief in case of ejectment before determination of
compensation
CHAPTER - VII : JURISDICTION AND PROCEDURE
JURISDICTION
75. Revenue officers
76.
Applications and proceedings cognizable by Revenue officers
77. Revenue Courts and suits cognizable by them
ADMINISTRATIVE CONTROL
78. Superintendence and control of Revenue Officers and
Revenue :Courts
79. Power to distribute business and withdraw and transfer cases
APPEAL. REVIEW AND REVISION
45
33
34
34
34
35
36
36
38
80. " Appeals
81. Limitation for appeals
CONTENTS VII
89. Power of Revenue Officers of Revenue Courts to summon
persons
33 90. Mode of service of summons
91. Mode of service of notice, order or proclamation or copy
thereof
Additional made of publishing proclamation
33
33
33
33
_ 82. Review by Revenue officers
32
83. Computation of periods limited for appeals and applications
for review
32
84. Power to call for examine and revise proceedings of Revenue
officers and Revenue Courts 48
85. Procedure of Revenue Officers 50
86. Persons by whom appearances may be made before Revenue
officers as such and not as Revenue Courts
87. Costs
92.
88. Procedure of Revenue Courts
52
52
51
51
51
48
45
54
54
54
55
56
56
57
57
57
58
53
53
93. Joinder of tenants as parties to proceedings relating to rent 53
94. Exception of suits under this Act from operation of certain
enactments
35 95. Payment into Court of money admitted to be due to a third
persons
96. Execution of decrees for arrears of rent
35 97. Prohibition of imprisonment of tenants in execution of decrees
for arrears of rent 54
98. Power to refer party to Civil Court 55
99. Power to refer to High Court questions as to jurisdiction 55
100. Power of High Court of validate proceedings held under
mistakes as to jurisdiction
Miscellaneous -
101. Place of sitting
43
102. Holidays
44
106. Power for Financial Commissioner to make rules
43
103. Discharge of duties of Collector dying or being disabled
104. Retention of powers by Revenue officers on transfer
105. Conferment of powers of Revenue Officer or Revenue Court
VIII CONTENTS
106A. Licensing of petition writers in Revenue Courts and
Revenue Offices
59
11Punjab Amendment'
108. Powers exercisable by Financial Commissioner from time
107. Rules to be made after previous publication 59
to time
59
CHAPTER - VIII : EFFECT OF THIS ACT ON RECORDS OF RIGHTS
AND AGREEMENT
THE
PUNJAB TENANCY
RULES, 1909
CONTENTS
109. Nullity of certain entries in record-of-rights 59
(i) Limitation of powers of Naib-Tahsildars 62
110. Nullity of certain agreements contrary to the Act 60
(ii) Limitation of powers of other Assistant Collectors of 2nd
111. Saving of other agreements when in writing 6C
grade 62
112. Effect of certain entries made in records-of-rights before
November, 1871
61
2. (i) Statements and pleadings to be brief
(ii) Verification of applications
62
62
The Schedule—Enactment repealed 61 3. Proceeding not to abate on death or marriage of party 63
4. In fixing dates etc., Revenue Officer to follow procedure of
Revenue Court Commission 63
5. Repealed 63
6. Expenses of Witnesses 63
7. Record of other proceedings under Tenancy Act 63
8. Contents of orders 63
9. Appointment and recovery of costs 63
10. Execution of order of ejectment, etc. 64
11. Arbitration 64
ONGUAGE OF REVENUE OFFICES AND COURTS
12. Language of Revenue Courts and Offices 64
13. Repealed 64
14. Processes of arrest not to be issued between certain dates 64
15. Contents of application for issue of notices of ejectment etc. 65
16. Appearances of Pleaders and Mukhtars in proceedings
before the Financial Commissioner 65
17. Contents of applications for revision 66
18. Repealed 66
THE
PUNJAB PETITION
WRITERS (REVENUE)
RULES; 1982-
CONTENTS
Sections Page No.
1. Short title and commencement 67
2. Definitions 67
3. Prohibition to Practice as Petition writer without licence 68
4. Prohibition to receive petitions 68
5. Number of petition writers 68
6. Licensing Authority 68
7. Eligibility for grant of licence 68
8. Application for licence 69
9. Fees 69
10. Grant of refusal of a licence 69
11. Period of validity of licence 69
12. Renewal of licence 69
13. Licence lost or damaged 70
14. Conditions on which licence remains in force 70
15. Shifting of place of business by the licensee 70
16. Manner of writing petition by a licensed petition-writer 70
17. Seal 71
18. Registers of petition-writers to be kept 71
19. Declaration to be made on the petition 71
20. Petition-writer to sign and seal the petition and make certain
endorsements 71
21. Employment of other persons to write petitions 71
22. Not to act as recognised agent 71
23. Not to engage in trade or business 71.
CONTENTS XI
24. Production of licence for inspection 71
25. Fee charges for writing petitions 72
26. Suspension or cancellation of licence 72
27. Surrender of licence 72
28. Rules for practice 72
29. Order to re-write a petition 73
30. Striking off the name from register 73
31. Name of the petition-writer whose licence has been
suspended to be posted at a conspicuous place 73
32. Order prohibiting practice 73
33. Cognizance 74
34. Appeal 74
35. Review 71
FORMS & SCHEDULE 74-79
THE
PUNJAB OCCUPANCY
TENANTS (Vesting of
Proprietary Rights)
Act, 1952
(Punjab Act No. 8 of 1953)
CONTENTS
Sections Page No.
1. Short title, extent and commencement 81
2. Definitions 82
3. Vesting of proprietary rights in occupancy tenants and
extinguishments of corresponding rights of landlords 83
4. Determination of compensation payable to landlord 84
5. Principles of compensation 85
6. Payment of Compensation 86
7. Appeal, review and revision 86
8. Certain mortgages and charges not enforceable against
land held by occupancy tenants 87
9. Act not to apply to evacuee property 88
10. Bar of jurisdiction 88
11. Bar to legal proceedings 89
12. Power to make rules 89
13. Repeal and saving 90
li
THE .`k?P'41
PUNJAB TENANCY
ACT, 1887 fv:ft
1173aTZST
41-4 MTN &f)2 qb,7
Chapter - I : Preliminary agrat
Case Law
Punjab Land Revenue Act, 1887—Occupancy rights—Exparte proceedings—
Mutations—Summons sent to a wrong address supplied by the respondents
tenants—Impugned order—Assistant Collector had withdrawn its Exparte order—
The very basis of mutation enteries became non est—Order regarding entries of—
Mutations cannot be maintained. ; Kanwar Bhan v. Rashid : 2008(3) ALL INDIA
LAND LAWS REPORTER (FC) 546
Civil Procedure Code, 1908, Order 23, Rule 1—Punjab Security of Land Tenures
Act, 1953—Civil Court has no jurisdiction to entertain the suit for possession of the
agricultural land as the suit for eviction of a lessee/tenant can be filed only before
the Revenue Court under the provisions of the Punjab Tenancy Law read with Punjab
Security of Land Tenure Act, 1953—The provisions of the those Acts are applicable
only in case the landlord wants to eject the tenant from the agricultural land—
There is no evidence that the defendants are tenants on the suit land—Once it has
been found that they are not the lessee of the suit land, it cannot be said that the present
suit is not maintainable in view of the provisions of the Punjab Tenancy Law read with
Punjab Security of Land Tenure Act, 1953. ; Gurdeep Singh and others v. Dera
Gossian and another: 2008(3) ALL INDIA LAND LAWS REPORTER (P&H) 727
With the enforcement of 1953 Act, plaintiffs, occupancy tenants, claim ownership
rights as per provisions of S. 3 of the Act—Jurisdiction—Lower Court decided civil
Court decided civil Court had the jurisdiction to try the suit—Plaintiffs prayer is
based on the nature of tenancy—Whether plaintiffs were occupancy tenants on
the relevant date is the question—Which could be decided only under the Punjab
Tenancy Act, 1877—Section 77(3)(d)—Such a decision, if in the affirmative would
entitle the plaintiffs to enlargement of their occupancy tenants rights into proprietary
rights—And it is the revenue Court alone which can go into the question—Civil
Court has no jurisdiction—Trial Court directed to return the plaint to plaintiffs for
presentation to the Revenue Court Punjab Tenancy Act, 1887, Section 77(3)(d)—
Punjab Occupancy Tenants (Vesting of Proprietary Rights) Act, 1953—Section
10—Occupancy Tenants (Vesting of Proprietary Rights) Act, 1953—Section 10—
Occupancy Tenants; Omkar Singh v. Nirmal : 2001(1) ALL INDIA LAND LAWS
REPORTER (Pb. & Hry.) 208.
Govt. Land in illegal cultivating possession—No rent paid—Trespasser sought to
be ejected under Land Tenures Act, 1953—Commissioner found under Section 21
[Act No. 16 of 18871
2
THE PUNJAB TENANCY ACT, 1887
Sections:- 1 - 4
of the 1953 Act, State could not eject a tenant—Further observed that State was
competent to eject its tenant under Punjab Tenancy Act, 1887—Made a reference
of F.C.—Recommendations of the Commissioner accepted—Punjab Security of
Land TenuresAct, 1953—Sections 9 and 24—Haryana Public Premises and Lands
(Rent Recovery and Eviction) Act, 1972—Sections 4 and 5.; Amar Nath v. State
of Haryana; 1999(3) ALL INDIA LAND LAWS REPORTER (F.C., Hry.) 283.
1. Short title, extent and commencement.--(1) This Act may be
loalled the Punjab Tenancy Act, 1887.
(2) It extents to the whole of the territories [—] (The words "including
the pargana of "Spiti" omitted by the Government of India (Adaptation of
Indian Laws) Order, 1937) [—] (The words "for the time being" were omit-
ted by the Government of India (Adaptation of Indian Laws) Order, 1937)
administer by the [(Subs. for the word "Lieutenant Governor" by the Gov-
ernment of India (Adaptation of Indian Laws) Order, 1937, Section 4(1))
[State] (Sub. for the word "Provincial" by the Adaptation of Laws Order,
1950) Government of] [Punjab] (Subs. for "East Punjab" (which had been
subs. for "Punjab" by the Indian Independence (Adaptation of Central Acts
and Ordinance) Order, 1948) by the Adaptation of Laws Order, 1950) [—
] (The word "except the Hazara District" omitted by the Indian (Adaptation
of Existing Indian Laws) Order, 1947) and
(3) It shall come into force on such day as the [State] (Sub. for the
word "Provincial" by the Adaptation of Laws Order, 1950) Government with
the previous sanction of the [Central Government] (Subs. for the words
"Governor-General in Council by the Government of India (Adaptation of
Indian Laws) Order, 1937) may be notification appoint in this behalf.
2. Power to make rules in anticipation of commencement.—(Re-
pealed) (Repealed by the Repealing and Amendment Act, 1891 (XII of 1891),
Section 2(1)).
3. Repeal.—[Repealed] [Repealed by the Repealing and Amendment
Act, 1891 (XII of 1891)]
4. Definitions.—In this Act, unless there in 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 pur-
poses of for purposes sub-survient to agriculture, or for pasture, and in-
cludes the sites of buildings and other structures on such land.
(2) "pay" with its grammatical variations and cognate expression, in-
cludes, when used with reference to rent, "deliver", and "render", with their
grammatical variations and cognate expre;:sions;
THE PUNJAB TENANCY ACT, 1887
3
Sections:- 1 - 4
(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;
(4) "arrear of rent" means rent which remains unpaid from 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, 1887 (XVII of 1887), for the recovery of an arrear of land rev-
enue or of a sum recoverable as such an arrear, or
(d) a person who takes from the [Government] [Subs. for the work
"Crown" by the adaptation of Laws Order, 19501 a lease of unoccu-
pied 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 successor in
terest 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" "landlord" and "holding" have the meanings, 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,
1887 (XVII of 1887), and includes—
(a) any rate imposed in respect of the increased value of land due
to irrigation, and
(b) any sum payable in respect of land, by way of quit-rent or of
commutation of service, to the [Government] (Subs. for the word
"Crown" by the Adaptation of Laws Order, 19501 or to a person to
whom the [Government] (Subs. for the word "Crown" by the Ad-
eptation of Laws Order, 19501 has assigned the right to receive
the payment:
4 THE PUNJAB TENANCY ACT, 1887
Sections:- 1 - 4
(11) "rates and cesses" means rates and cesses which are primarily
payable by landowners, and includes, —
(a) [--] [Repealed by Repealing and Amendment Act, 1891 (XI of
1891)]
(b) the local rate, if any payable under the Punjab District Boards
Act, 1883 (XX of 1883), and any fee leviable under Section 33 of
that Act from landowners for the use of, or benefits derived from,
such works as are referred to in Section 20, clauses (i) and (j) of
that Act;
(c) any annual rate chargeable on owners of lands under Section
59 of the Northern India Canal and Drainage Act, 1873 (VIII of 1873)
(d) the zaildari and village officer's cesses; and
(e) sums payable on account of village expenses;
(12) "village-cess" includes any cess, contribution or due which is cus-
tomarily leviable within an estate and if neither a payment for the use of
private property or for personal service, nor imposed by or under any en-
actment for the time being in force:
(13) "village officer" means a chief headman, headman or patwari.
(14) "Revenue Officer" or "Revenue Court" in any provisions of this Act
means a Revenue Ofi•:Icer or Revenue Court having authority under this
Act to discharge the function of a Revenue Officer or Revenue Court as
the case may be under that provisions:
(15) "jagirdar" includes any person, other than a village servant, to whom
the land revenue of any land has been assigned in whole or in part by the
[Government] [Subs. for the word "Crown" by the Adaptation of Laws Or-
der, 19501 or by an officer of the [Government] [Subs. for the word "Crown"
by the Adaptation of Laws Order, 19501:
(16) "legal practitioner means any legal practitioner within the meaning
of the Legal PractitionerAct, 1879 (XVIII of 1879) except a mukhtar:
(17) "agriculture year" means the year commencing on the sixteenth
day of June, or on such other date as the [State] [Subs. for the word "Pro-
vincial" by the Adaptation of Laws Order, 19501Government may by notifi-
cation appoint for any local area:
(18) "notification" means a notification published by authority of the [State]
[Subs. for the word "Provincial" by the Adaptation of Laws Order, 19501
Government in the Official Gazette: and
THE PUNJAB TENANCY ACT, 1887 5
Sections:- 1 - 4
(19) "imprisonment" means, with reference to a 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 in-
creased, 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 1. – 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 of construction of any of the foregoing works, or
such alternations therein, or additions thereto, as are not of the
nature of mere repairs and as durably increase their value;
But it does not include such clearances, embankments, levellings
enclosures, temporary well 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 ordinary operations of
husbandry.
Explanation II. –A work which benefits several tenancies may be deemed
to be with respect to each of them, an improvement.
Explanation Ill. –A work executed by a tenant is not improvement if it
substantially diminishes the value of any other part of his landlord's
property.
(20) [—] [Omitted by the Indian (Adaptation of Existing Indian Laws) Or-
der, 1947 Section 4(1)1
Case Law
S. 4—Landlord and Tenant—Relationship of—Can come into existence as a result
of agreement—Agreement may be express or implied—Implied relationship may
be inferred from the conduct of the parties—Payment of rent is one of the factors;
1990(1)ALL INDIA LAND LAWS REPORTER 61.
Section 4(1)—Land Revenue Assessment Rules, 1929, Rule 2(2)—Punjab
Security of Land Tenures Act, 1953, Section 27(e)—Surplus area—VairMumkin'
as well as Saranr Land computed towards total holding of the landowner for
6 THE PUNJAB TENANCY ACT, 1887
Sections:- 1 - 4
assessing the surplus area—The Sarani' Land if falls within the ambit of Banjar
Jadid' or 'Banjar Kadim' has to be excluded from surplus area—Matter remitted
to the Collector to ascertain the extent of Gair Mumkin land, Banjar Kadim and
Banjar Jadid at the relevant date and recompute the permissible area and decide
the case afresh. ; Wing Commander Paramprit Singh v. State of Punjab : 2009(1)
ALL INDIA LAND LAWS REPORTER (P&H) 135
Sections 4(1) & 5— Grant of ownership rights in lieu of occupancy rights—Lands
involved are described as Banjar Qadim— Not a land within the meaning of Section
4(1) of the 1887 Act—No occupancy rights can be claimed by the Tenants—And
such occupancy rights cannot further ripen into ownership rights.; Dharam Singh
(deceased) L.Rs. and others v. Bhagwan Singh and others : 2005(3) ALL
INDIA LAND LAWS REPORTER (Pb. & Hry.) 172
Section 4(1) & 5— Tenants rights to be declared occupancy Tenants—Where a
tenancy has last forever 50 years on a nominal rent inspite of inflation in agricultural
prices, and no demand for enhancement of rent was made, and there was an
implied promise not to eject long and uninterrupted possession by tenants would
entitle them to grant of occupancy rights as also ownership rights.; Dharam Singh
(deceased) L.Rs. and others v. Bhagwan Singh and others : 2005(3) ALL INDIA
LAND LAWS REPORTER (Pb. & Hry.) 172
Section 4(1)—Plaintiff seeks partition of suit property as he is the Co-sharer to the
extent of 'A share in property—Defendants have encroached upon his share—
Defendants written statement is (i) suit not maintainable (ii) suit bad for non joinder
of necessary parties (iii) plaintiff has abandoned his right, title interest and
defendants have become owners of land—Trial Court dismissed the suit of plaintiffs—
Lower appellate whereas upheld the contention of plaintiff further held that land
described as Gair Mumkin Khad or Gair Mumkin Kalar does not come within the
definition of land as provided under Section 4 of Punjab Tenancy Act, 1887, Civil
Court had jurisdiction to try the suit—Once upon a time the suit bearing and is a
nature of plots—For all intents and purposes, the suit land which once was
agricultural stands converted into residential now—Revenue officer have no
jurisdiction to effect partition of non-agricultural land—This was upheld and appeal
by defendants was dismissed—Civil Procedure Code, 1908—Section 9—Punjab
land Revenue Act, 1887—Section 110.; Challu etc. v. Khushi Ram : 2001(1) ALL
INDIA LAND LAWS REPORTER (P&H) 381
Section 4(3) & (4)—Rent—Arrears of Rent—According to the definition, 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 and arrears of rent means rent
which remains unpaid from the date on which it became payable—Words and. Pharas.; Sardar Singh v. State of Punjab : 2000(3) ALL INDIA LAND LAWS
REPORTER (P&H) 28
Section 4(5)—Status of tenant—Petitioner and Respondent are brothers who
inherited land from their father and there was family settlement—Redemption of
land by respondent does not confer status of a tenant on petitioner—To confer
status of tenant rent should be recorded in revenue record—No entry of petitioner
THE PUNJAB TENANCY ACT, 1887 7
Sections:- 1 - 4
being tenant in jamabandi—Column of rent also empty—Entry of petitioner in
revenue record as a co-sharer gair maurisi does not ispo facts convey the status of
a tenant.; Bhoora Ram v. Mukh Ram : 2002(1) ALL INDIA LAND LAWS
REPORTER (FC, Hry) 327
Section 4(5)—Haryana Utilisation of Surplus and other Areas Scheme, 1976—
Tenant permissible area—Suit for recovery of rent—Tenant denied relationship of
tenant and landlord—Land having been declared surplus, was tenants permissible
area, have vested in the State—No where in this record, land had been recorded as
T.P.A.—Jamabandi record shows plaintiffs as owners and defendants as cultivators—
Plaintiffs suit was decreed by A.C. and confirmed upto F.C.—Appeal—Tenant has
to apply for T.P.A. and T.P.A. has to be specifically declared by competent
authority—Land in dispute was never declared T.P.A.—Till then tenant has to
continue to payment—Writ petition fails—Haryana Ceiling on Land Holdings Act,
1972. ; Lal Chand v. The Sub Divisional Officer (Civil)-cum-Assistant Collector
: 2002(1) ALL INDIA LAND LAWS REPORTER (P&H) 627
Sections 4(5) and 4(8)—Tenancy—Is constituted by the factum of cultivation plus
• payment of rent—In present case, respondent claimed to be tenants but no receipts
of payment of rent have been produced—Claim vitiated.; Orakurdwara Nityanand
Mandir Khudan v. Dharmpal ; 2003(1) ALL INDIA LAND LAWS REPORTER
(F.C. Hry.) 226
Ss. 4(5) and (6)—Landlord and tenant—Relationship of—Plea that relationship of
landlordand tenant come to an end as ejectment order passed for non-payment of
rent for Rabi 1983—Such order and plea would not govern the relationship earlier to
Rabi 1983; 1990(1) ALL INDIA LAND LAWS REPORTER 391.
S. 4(5)—Appellant claims possession as a tenant—The question of fact has been
decided against.the appellant by the lower appellate Court—And mere mention of
word "chair Marusi" does not clothe him with that status; 1995(2) ALL INDIA
LAND LAWS REPORTER 10. •
Sections 4(6) and 14— Landlord: is a person under whom the tenant holds the
land and to whom tenant is liable to pay rent— But the term in Section 14 is not
used in relation to a tenant as the land may not been occupied with consent—And
inspite of tenant having given up possession of the land, landlord is liable for arrears
are made recoverable under Section 77(3) (n) of the Punjab TenancyAct— Strictly
speaking inspite of the tenant having gone out of the land, the owner remains a
landlord till the arrears are paid/recovered.; Vijay Singh v. The Financial
Commissioner, Haryana and others : 2003(3) ALL INDIA LAND LAWS
REPORTER (Pb. & Hry.) 515
Sections 4(6), 14 & 77—Whether a mortgagee in possession can successfully
maintain a suit for recovery of rent from landlord/mortgagor is the question to be
decided—In this case the petitioner is the mortgagee with possession and the
respondents 5 to 9 are the mortgagees now as tenants inducted by the plaintiff
himself—Version of the plaintiff that dependents 5 to 9. are in possession of the
land, possession parted with by petitioner by an oral agreement as parties had
good relations— Even if the defendants had occupied the land forcibly, they would
8 0-HE PUNJAB TENANCYACT, 1887 THE PUNJAB TENANCY ACT, 1887 9
Section:- 6
4, & 4(3)—Vesting of Rights in Panchayats and non proprietors—Appellants had
not accorded a status similar to occupancy tenants by custom or otherwise (though
not recorded as occupancy tenants in the revenue record), such as Dholidars,
Bhomidars, Butimars, Basikhuophaus, Saunjidars and Muciararidars- Appellants
were not mortgagees in favour of whom, the land was mortgaged with possession—
The Panchayat had vested right in the land in dispute. Held, Section 4(3) will be
attracted only if the following 3 conditions are satisfied :-
i) the person must be cultivating land which is part of Shamlat deh of village
ii) he should be cultivating such land for a period of 12 years immediately preceeding
the commencement of the Act; and
iii) he should be cultivating such land without payment of charges in excess of the
land revenue ancrcess. ; Puran & Ors. y. Gram Panchayat, Faridabad : 2006(2) .
ALL INDIA LAND LAWS REPORTER-(Supreme Court) 319
Sections 5 and 8, Right of Occupancy—Such is based on title— Title is not made
out—Appellants could not establish that they took the suit land from Gram panchayat
in the year 1966 and held the land under the Gram Panchayat as lessee and
occupied it consciously for thirty years in the manner described in sub Section (2)
of Section 5—They are precluded from establishing a right of occupancy. ; Puran
& Ors. v. Gram Panchayat, Faridabad : 2006(2) ALL INDIA LAND LAWS
REPORTER (Supreme Court) 319
Sections 5, 8 and 84—Occupancy rights—Grant of—Cultivation of land proved for
being more than 30 years—Crucial Jamabandi on the record for relevant year is
tampered copy—Photocopy of the duly attested jamabandi is at variance with
copy of Jamabandi on record—Collector directed to decide afresh after summoning
original revenue record and giving full opportunity to the parties.; Het Ram v. Badlu
: 2002(3) ALL INDIA LAND LAWS REPORTER (FC, Hry.) 87
—S. 5(2)—Occupancy tenant—Tenant—Tenant in continuous possession of a price
of land for more than 30 years and paying no rent beyond the amount of land
revenue—Presumption is that such a tenant fulfills the conditions of clause (a) for
Section 5(1)—Entitled to claim apportionment of compensation under the Land
Acquisition Acti1990(1) ALL INDIA CAND LAWS REPORTER 53.
Section 5(3) & 82—Application is for review of order recorded by the previous
F.C.—Finding recorded are that hone of tenants, petitioners, have qualified the
condition of holding the tenancy for over 30 years—Not entitled to get benefit under
Section 5 of the Tenancy Act—Held—•This finding of fact cannot be challenged in
review—No merit in review application—Disallowed.; Harbans Singh v. State of
Punjab ;1998(1) ALL INDIA LAND LAWS REPORTER (P.C., Pb.) 490
6. Right of occupancy of other tenants recorded as having the
Iright before passing. of puniab tenancy act, 1868.—A tenant recorded
in a record-of-rights sanctioned by the [State] [Subs. for the words "Provin-
cial" by the Adaptation of Laws Order, 19501Government before the twenty-
first day of OCtober, 1868, as a tenant having aright of occupancy in land
Section:- 5
be entitled to pay rent to the petitioner—Suit as ordered by Asstt. Collector 1st
Grade in favour of plaintiff/petitioner is decreed.; Vijay Singh v. The Financial
Commissioner, Haryana and others : 2003(3) ALL INDIA LAND LAWS
REPORTER (Pb. & Hry.) 515
Chapter - II : Right of Occupancy
5. Tenants having right of occupancy.—(1) A tenant —
(a) who at the commencement of this Act has, for more than two gen-
erations in the male line of descent through a grant-father or grand-uncle
and fora period of not less than twenty years, been occupying land paying
no rent therefor 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 he ceased to be landowner continu-
ously occupied the land, or
(c) who, in a village or estate in which he is settled along with or
was settled by, the founder thereof as a cultivator therein, occu-
pied land on the twenty-first day of October, 1868, and has continu-
ously occupied the land since that date, or
(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 oc-
cupied 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 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 thereof beyond the amount of the land revenue
thereof and the rates and cesses for time being chargeable thereon it
may be presumed that he has fulfilled the conditions of clause (a) of sub-
section (1).
(3) The words in that clause denoting natural relationship denotes
also relationship by adoption, including therein the customary appointment
of an heir and relationship, by the usuage of a religious community.
Case Law
Sections 5 and 8—Punjab Occupancy Tenets (Vesting of Proprietory Rights Act,
1953, Section 3—Punjab Village Common Lands (Regulations) Act, 1961, Section
THE PUNJAB TENANCYACT, 1887
Sections:- 12 - 13
PUNJAB TENANCYACT, 1868
(XXVIII of 1868)
First column
Section Clause Section
1
5
5
5
6
8
THIS ACT
!Second Column
Sub-section Clause
5
(a)
(b)
(c)
(d)
2 3 4
(1) 5 (1)
(2) 5 (1)
(3) 5 (1)
(4) 5 (1)
6
8
Chapter - Ill : RENT: Rents generally
12. Respective rights of landlord and tenant to produce. (1)The
rent for the time being payable in respect of a 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 en-
titled to the possession of his share thereof.
13. Commutation and alteration of rent.—Where rent is taken by
any of the following methods, namely: -
(a) by division or appraisement of the produce,
(b) by rates fixed with reference to the nature of the crops grown,
(c) by a rate on a recognized measure of area,
(d) by a rent in gross on the tenancy, or
10
on rounds other than stated in act.—Nothing in
the foregoing sections of this Chapter shall preclude any person from establishing a
of occupancy
on any ground other than
the grounds specified in those
right
sections. Case Law S. 87-F. C.
has admitted the claim of tenant as occupancy tenant on the basis of
long occupation, no increase of rent when agricultural produce prices have escalated and improvements
were made without approval of the land
-owner, not objected to
by him—
Land-owner is in appeal—Held0) Mere length of possession does not
entitled a tenant to become an occupancy tenant—Such an intention is
to be reflected at the inception of tenancy-00 annual rent was increase on mere than
one occasions—(iii) documents submitted for power connection for
d tubewell have not been produced—Order passed by Revenue Authorities that respondent had acquired occupancy tenant rights cannot
legally
be sustained—Set aside—Order
passed by the Assistant Collector lsi
Grade dismissing suit of the tenant is restored; 1995(2) ALL INDIA LAND LAWS
REPORTER 146. 9.
Ri • ht of occu • anc not to be ac.uired b mere la
•se of time.— No tenant shall acquire a right of occupancy by mere lapse of time.
10.
Ri • ht of occu anc not to be ac • uired b 'oint owner in land held in "oint ownershi .n absence of custom to the
contrary no one of several joint owners loft
land shall acquired a right of occupancy under this Chapter in land jointly owned
by them. 11.
Continuance of existin occu anc
-ri hts._Notwithstanding anything in the 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 occupa
that land under the enactment specified in ncy in column of the table: - the same line of the second
THE PUNJAB TENANCY ACT, 1887
Sectioils:- 7 -11
which he has continuously occupied from the time
land p in
of that record, shall be deemed to have a right
of the reparation
th at
unless the contrary has been of occupan cy
established by a decree of a competent Court in a suit instituted before the passing of this Act.
7.
Ri lit of occu anc in land taken in exchan e.—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 of occu-
pancy as that to which the land given in exchane ject if the exchange had not taken place. g would have been sub- 8.
Establishment of ri ht of occu anc hose ex ress
12
THE PUNJAB TENANCY ACT 1887
Section:- 14
(e) partly by one of the methods specified in clause
(a), (b) and (c) of this sub-section and partly by another or others of them;
one of those methods shall not be commuted in whale or in part
into another without the consent of both landlord and tenant.
(2) In the absence of a contract or a decree or order of competent
authority to the contrary, a tenant whose rent is taken by any of the meth-
ods specified in clauses (a), (b) and (c) of sub-section (1), or by the meth-
ods 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 pre-
ceding agricultural year.
14. Payments for land occupied without consent of land-
lord.—Any
person in pdpsession of land occupied without the consent
of the landlord shall be liable to pay for the use of 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.
Case Law
Section
14-Mesne profits—Recovery of—Petitioner Purchasing land in good faith
from a person who sold them in bad faith- Petitioners occupied the land with the
consent of those purporting to be the owners-The person who illegally and wrongly
alienated the land not a party in the suit- -No relationship of owner and tenant
between respondent and the petitioners-Relying Shimla Banking and Industries
case- Based on lis pendens based on maxim pendente lite, nihil innoveture meaning
that pending the suit nothing should be changed-Held ignorance is no excuse, but
willful and blatant deception also should not be rewarded-Held further section 14 of
Punjab TenancyAct not applicable in the present case and petitioners not liable to
pay mense profits.; Jai Singh & ors. v. Smt. Reshma and anr.: 2003(2) ALL
INDIA LAND LAWS REPORTER (F. C. Hry) 354
S. 14—Plaintiff was in cultivating possession as co-sharer—Plaintiff impugns the
orders of D.D.P.O. imposing penalty of Rs. 1,78,000/- for use and occupation for
period for which no rent had been paid as well as passed order of eviction—Trial
Court dismissed the suit as order of DDPO, (as Collector) was binding on the
plaintiff—Lower appellate Court accepted the appeal slashed the amount of penalty
equal to the loss accrued to the Gram Panchayats and it comes to Rs. 4,500/- per
year. for two years—Held--Unauthorised occupant is liable to pay at the rate of
rent payable and in case no rent is payable, as decided by the Court—Tenancy Act
comes to rescue—Calculation of lease money done by the lower appellate Court
seems to be proper—No illegality or infirmity is discernible—Punjab Village Common
Lands (Regulation) Rules, 1964—Rule 29-A; 1995(2) ALL INDIA LAND LAWS REPORTER 258. •
THE PUNJAB TENANCY ACT, 1887
13
1Sections:- 15 -18
92
Section 14(A)(ii)—Recovery of rent from tenant—Ejectment of tenant—Once the
land is declared surplus, it vests in State—Landowner had no right to seek ejectment
of the tenant—No grounds to vary the orders of F.C. or to differ with same.; Sarup
Singh v. The Financial Commissioner, Haryana ; 1998(1) ALL INDIA LAND
LAWS REPORTER (P&H) 452
15. Collection of rents of undivided properly.—When two or more
persons are landlords of a tenant in respect of the same tenancy, the ten-
ant shall not be bound to pay part of the rent of his tenancy to one of those
persons and part to another.
Produce--rents
16. Presumption with respect to produce rents removed before
division or appraisement.—Where rent is taken by division or appraise-
ment 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 ap-
praisement thereof, or deals therewith in a manner contrary to estab-
lished usage, the produce may be deemed to have been as the fullest
crop of the same description on similar land in the neighbourhood for
that harvest.
17. Appointment of referee for division or appraisements.—If ei-
ther 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 Rev-
enue-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,
18. Appointment of assessors and procedure of referee.— (1)
When a Revenue-Officer appoints referee under the last foregoing sec-
tion, he may, in his discretion give him instructions with respect to the
association with himself or any other persons as assessors, the number,
qualifications and selection of those assessors, 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 institutions which he may have received from the
Revenue Officer under the last foregoing sub-section.
(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, if either the landlord or the
tenant fails to attend either personally or by agent, the referee may pro-
ceed ex parte.
THE PUNJAB TENANCY ACT, 1887
15
Oections:- 22 - 24
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.
22. 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 ten-
ancy, the rent may be enhanced on the ground that after deduction there-
from of the land revenue 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
amount 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 regu-
lated 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 en-
hanced 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 cesses charge-
able thereon.
(3) [1 JSub-clause (3) (added by Punjab Act XI of 1925) was omitted by
the Indian (Adaptation of Existing Indian Laws). Order. 1947. S. 4(1)1
23, Reduction of rents referred to in the last foregoing section:-
The rent payable by a tenant to whom the last foregoing section applies
may be reduced 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
24. Enhancement and reduction of rent by suits.- (1) A Revenue
Court, on the suits of either landlord or tenant, may, subject to the provi-
sions of this and other sections of this Act, enhance or reduce the rent of
any tenant having a right of occupancy,
14 THE PUNJAB TENANCY ACT, 1887
Sections:- 19 - 21
(4) For the purpose of making the division or appraisement, the ref-
eree, with his assessors, if any, may enter upon any land on which or into
any building in which the produce is.
19. Procedure after division or appraisement.— (1) The result of
the division or appraisement shall be recorded and signed by the referee,
and the record shall be submitted to the Revenue Officer.
(2) The Revenue Officer shall consider the record, and, after such fur-
ther 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 cost may include the remuneration of the referee and of the
assessors, if any, and may be levied from the applicant before the ap-
pointment of the referee subject to adjustment as the close of the pro-
ceedings.
20. Enhancement of produce rents of occupancy tenants.— Where
the rent of 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 in 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 of rates, or with reference to the rent in gross, as the case
may be, paid by tenants, having a similar right of occupancy, for irrigated
or flooded land of a similar description and with similar advantages.
Case Law
Section 20—The application of the petitioners for recovery of share of produce
was that a copy of the jamabandi was not attached with the petition which is
mandatory as per the Punjab Tenancy Act—A perusal of the order of the Assistant
Collector, 1st Grade clearly indicates that the large number of opportunities were
given to the petitioner for filing of the jamabandi which he failed—Application
was rightly rejected—Petition dismissed. ; Balbir Singh v. Sukhbir Singh : 2009(1)
ALL INDIA LAND LAWS REPORTER (Financial Commissioner) 238
21. Reduction of rents referred to in the last foregoing section -
When the and, or any part of the land, held by a tenant having a right of occu-
pancy to whom the last foregoing section applies ceases to be irrigated or
16
THE PUNJAB TENANCY ACT, 1887
Sections:- 25 - 27
[THE PUNJAB TENANCY ACT, 1887
17
Sections:- 27(A) - 28
(2)
Where a decree for the enhancement of the rent of such a tenant
has been passed under the Punjab Tenancy Act, 1868, (XXXVIII of 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 comprised in the decree is situate has been generally re-
assess 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 en-
hancement 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 suits for the enhancement of his rent;
unless of land or some part of the land comprised in his tenancy,
not having irrigated, or flooded at the time of such commutation
enhancement or decree, has become irrigated or flooded.
(4)
[—] (Sub-clause (3) (added by Punjab Act XI of 1925) was omitted
by the Indian (Adaptation of Existing Indian Laws) Order. 1947. S.
4(1)
25. Direction as to extent of enhancement or reduction.- In en-
hancing or reducing the rent of any land; under the foregoing provisions of
this chapter, the Court shall within the limits prescribed by those provi-
sions, 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 the amount
of the land revenue of the land and the rates and cesses chargeable,
thereon.
26. Time for enhancement or reduction to take effect - (1) Unless
the Court decreeing an enhancement of rent otherwise directs ;the enhance-
ment shall take effect from the commencement of 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 and from which the reduction is to take effect.
27. Adjustment of rents expressed in terms of the land liven ue.—
(1) Where the rent of a tenancy is the whole or a share of the land rev-
enue thereof, with or without an addition in money, kind or service, and
the 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 Rev-
enue Act, 1887, (XXXII of 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 land revenue 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.
(3) The sum or sums determined under the foregoing sub-sections,
together with any additions previously payable other than the additions re-
ferred to in sub-section (2), shall be the rent payable in respect of the ten-
ancy until there is again an alteration 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 en-
hancement or reduction or rent within the meaning of this Act.
[(5) --] fSub-section (5) (added by Puniab Act XI of 1925) was omitted by
the Indian Adaptation of Existing Laws) Order 1947. Section 4(i)1.
[27-A. -] fSec. 27-A together with the heading omitted by the Indian (Adap-
tation of Existing Indian Laws) Order. 1947 Section 4(i)1
28. Alteration of rent on alteration of area.=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 previously paid by him, unless
it is proved that excess is due to the addition to his tenancy of land
which, having previously belonged to the tenancy, was lost by diluvion
or otherwise without any reduction of the rent being made; and
(b) be entitled to an abatement of rent in respect of any deficiency
proved to exist in the 'area of his tenancy as compared with the
area for which rent has been previously 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.
(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 tenant's occupancy for instance
whether the rent was a rent in. gross for the entire tenancy;
18 THE PUNJAB TENANCY ACT, 1887
Sections:- 29 - 30
(b) whether the tenant has been allowed to hold additional land in
consideration of an 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 adding 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 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
29. Remission of rent by courts decreeing arrears. —Notwith-
standing anything in the foregoing sections of this Chapter if it appears to a
Court making a decree for an 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 Col-
lector, allow such remission from the rent payable by tenant as may ap-
pear to it to be just.
30. Remission and suspension of rent consequent on like treat-
ment of land revenue.- [(1) Whenever the payment of the while or any
part or the land revenue payable in !respect of any land is remitted or sus-
pended, 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 as the land revenue of which payment has been re-
mitted or suspended bears to the whole of land revenue payable in re-
spect of the land: (Substituted for the old sub-section by Punjab Act 1 of
1906. Section 3)
Provided that in the case of an occupancy-tenant, whose rent is of
the nature hereinbefore in this sub-section 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.
THE PUNJAB TENANCY ACT,1837 19
Section:- 31
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.) (Substituted for the old sub-section
by Punjab Act 1 of 1906. Section 3)
(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.
[(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 re-
cover from the landlord the amount or value of rent so collect, 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.] [Subs. for the old sub-section by Pb. Act
1 of 1906 Section 4]
(6) The provisions of this section relating to the remission and sus-
pension of the payment of rent may be applied, so far as they can be
made applicable to land of which the land revenue has been released,
compounded for or redeemed in any case in which, if the land revenue in
respect of the land had not been released compounded for or redeemed,
the whole or any part of it might in the opinion of the Revenue Officer, be
remitted or suspended under the rules for the time being in force regulating
the remission and suspension of land revenue.
[(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 of land revenue.] [Added by Pb. Act 1 of 1960, Section 51
DEPOSITS
31. 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,
20
THE PUNJAB TENANCY ACT, 1887
jTHE PUNJAB TENANCY ACT, 1887 21
Sections:- 32 - 33
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.
32. Effect of depositing rent.- (1) When a deposit has been so re-
ceived it shall be deemed to be a payment made by the tenant to his land-
lord 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 ether proceeding shall be instituted against the [Govern-
ment] (Subs. for the word "Crown" by the Adaptation of Laws Order, or
against any officer of the [Government] in respect of anything done by a
Revenue Officer under this section, but nothing in this sub-section shall
prevent any person entitled to receive the amount of any such deposit from
recovering it from a person to whom it has beenpid by a Revenue Officer.
33. 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
the attachment is to-be or has been made to sell the produce and pay to
him out of the proceed 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 pro-
duce 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 are
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 suit between the landlord and the tenant.
Sections:- 34 - 35
Leases for Period exceeding term of Assessment of Land Revenue
34. 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 ether sum payable
in respect of the land under the lease or agreement, and that term has
expired, 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 refuses to pay
such rent or ether sums as a Revenue Court, on the suit of the
land-owner, determines to be fair and equitable [—] JThe words "or
a Revenue Officer under the provisions of Section 27 -A has deter-
mined to be proper" (inserted by Section 7 of Punjab Act XI of 1925)
omitted by the Indian (Adaptation of Existing India Laws) Order. 1947.
Section 4(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 has a
Revenue Court, on the suit of the tenant, determines to be fair and
equitable[—] (The words "or a Revenue officer under the provi-
sions of Section 27-A has determined to be proper" (inserted by
Section 7 of Punjab Act XI of 1925) omitted by the Indian (Adapta-
tion of Existing Indian Laws) Order. 1947, Section 4(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 agree-
ment 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
35. Relinquishment by tenant for a fixed term.— A tenant holding
for a fixed term-under a contract or a decree or order of competent author-
ity may relinquish his tenancy without notice at the end of that term.
22 THE PUNJAB TENANCY ACT, 1887
Sections:- 36 - 39
36. Relinquishment by any other tenant— 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 addition 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 land-
lord to some other person or is not cultivated by the landlord himself.
37. Relinquishment of part only of tenancy.—A tenant cannot, with-
out the consent of his landlord, relinquish a part only of his tenancy.
ABANDONMENT
38. Abandonment of tenancy by 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 occu-
pancy shall be extinguished from the end of that year.
(2) [--] Sub clause (2) of Section 38 (inserted by Punjab Act XI of 1925) was
omitted by the Indian (Adaptation of Existing Laws) Order. 1,947. Section 4(i))
EJECTMENT : LIABILITY OF EJECTMENT
39. Grounds of ejectment of occupancy tenant.— (1) Atenant hav-
ing 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 purpose 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) when a decree for an arrear of rent in respect of his tenancy
has been passed against him and remains unsatisfied.
(2) . [--] (Omitted by the Indian (Adaptation of Existing Law) Order 1947.
Section 4(i). .
THE PUNJAB TENANCY ACT, 1837 23
Section:- 40
Case Law
—Ss. 39, 40 and 48—Subletting and non-payment of the rent to the land-owners
established in the Court of Assistant Collector Grade I—Further held that relationship
of landlord/tenant existed between the parties--Ejectment ordered—Upheld by the
Collector in appeal—In appeal Commissioner reversed the order--Allowed the tenant
to pay arrears of rent under S. 48 of the Act—F.C. reversed orders of the Commissioner
and restored orders of the Collector observing that S. 48 applied to tenants falling
under S. 39(a) and (b) and S. 40—Case of petitioners falls under neither—Benefit of
S. 48 cannot be allowed; 1992(2) ALL INDIA LAND LAWS REPORTER 591.
Section 39 to 41—Plaintiff suit for restraining defendants from interfering with their
possession—Jamabandi of 1971-72 and again of 1991-92 show plaintiffs recorded as
tenants of the defendants—At lease prima fade Revenue Act, Section 122 would not
be applicable—Concurrent findings of the court below is that—Provisions of 39 to 41
Tenancy Act, readwith Section 42 of the same Act give a complete protection to the
tenant—Cannot be ejected except for procedure prescribed therein—This view does
not appear to be erroneous—Plaintiffs being original tenants under the original landowner,
the suit as decreed by lower court is confirmed—Punjab Land Revenue Act, 1887—
Section 122.; Gurudwara Sahib Patshahi Naumi Guri Teg Bahadur Sahib Hind
v. Jaggar Singh. : 2000(4) ALL INDIA LAND LAWS REPORTER (Pb. & Hry.) 48..
40. Grounds of ejectment of tenant for a fixed term: -A tenant not
having a right of occupancy but 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, 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.
Case Law
Sections 40 and 77—Ejectment from agricultural land ordered by cCiector, upheld
by Commissioner—Revision petitioners had done some construction on the land
for agricultural purposes and keeping agricultural equipment therein—They have
also made available drinking water on the road side for general public—Construction
is in the nature of home stead for agricultural purposes—No damage or harm is
caused to anyone if the homestead can be used by the passers by and if water is
made available to them—No evidence that the shop like constructions are being
used for commercial purposes—Ejectment orders are set aside. ; Kesho Ram v.
Kamla Devi : 2000(2) ALL INDIA LAND LAWS REPORTER (FC, Hry.) 194
24 THE PUNJAB TENANCY ACT, 1887
Sections:- 41 - 45
41. 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 of any
agricultural year.
PROCEDURE OF EJECTMENT
42. Restriction of ejectment.— A tenant shall not be ejected other-
wise that-in-execution-of-a-decree forejectment-excephrrthe-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 the 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.
43. 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 ejectment of the tenant in
the case mentioned in the former clause or for the service on the tenant of
a notice of ejectment in the case mentioned in the latter clause.
44. 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 on the tenant stating the date of the decree and the amount due
thereunder, and informing him 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 unloss good cause is shown to the contrary.
45. Ejectment of tenant from year to year by notice.— (1) On re-
ceiving.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 eject-
ment 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 [agricultural] (Ins. by the Rep. and Amending Act,
1891 (XII of 1891) year.
THE PUNJAB TENANCY ACT, 1887 25
Section:- 46
(3) The notice shall specify the name of the landlord on whose appli-
cation 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 sub-section.
(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 Rev-
enue Officer, on the application of the landlord shall, subject to the provi-
sions of his 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 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.
Case Law
Section 45--Revenue Act, talks of a right which an aggrieved person may agitate if
he is in possession of the land—Applicants here were deprived of the possession
by an order of the State as early as ,,about 1902—And later confirmed by
consolidation proceedings--Stood so for years as having been decided by the then
Tehsildar and Nazim—This would then operate as res-judicata to the present
application—The position is different—Those not in possession want the record of
rights to be amended and such request cannot be entertained by the Revenue
Court as per Section 158(2)(vi)—Decree or decision of a Revenue Court having no
jurisdiction could not operate as res-judicata—Suit for declaration is to be filed
under Specific Relief Act— Jurisdiction. of Civil Court is not barred by Section 77(3)
of Punjab TenancyAct, Punjab Land Revenue Act, 1887-Section 45-A; 1995(2) All
INDIA LAND LAWS REPORTER 372/373.
46. Power to make rules.1- The Financial Commissioner may make
rules prescribing
(a) the form and language of application 'and notices under the two
last foregoing sections; and
26
THE PUNJAB TENANCY ACT, 1887
Sections:- 47 - 49
(b) the manner in which those applications and notices are to be
signed and attested.
GENERAL PROVISIONS RESPECTING EJECTMENT
47. Time for ejectment.- A decree or order for the ejectment of a ten-
ant 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 or, where the order is made under Section 44, the of-
ficer making the order, otherwise directs.
48. 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, or
that an award of compensation will be sufficient satisfaction to the landlord
therefore, 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 compen-
sation as the Court thinks fit.
(2) The Court may from time to time, for special reasons, extend a
period fixed by it under sub-section (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.
49. Rights of ejected tenants in respect of crops and land pre-
bared for showing.[— (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 sub-section (1) between the
landlord and tenant or between the landlord and any person entitled to har-
vest the crops of the tenant, and may in its or his discretion-
(a) direct that the tenant pay for the longer occupation of the land
secured to him under sub-section (1) such rent 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 or Revenue
Officer, forthwith eject the tenant.
O-HE PUNJAB TENANCY ACT, 1887 27
Sections:- 50 - 52
(3) When a tenant for whose ejectment proceedings have been taken
has conformably 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 rejectment a fair equivalent in
money for the labour and capital expended by him so preparing the land,
and the Court or Revenue Officer before which or whom the proceedings
are pending shall, on the application of the tenant, determine the sum pay-
able to the tenant under this sub-section stay his ejectment until that sum
has been paid to him.
RELIEF FOR WRONGFUL DISPOSSESSION
50. 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 Sections 44 and 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.
50-A. Bar of civil suits.- No person whose ejectment has been or-
dered 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]. (Inserted by Puniab Act V'
of 1929 Section 2)
•
51. Bar of relief by suit under section 9, act 1 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. (1of 1877) (by a tenant
dispossessed thereof.] (Inserted by Punjab Act V of 1929 section 2)
POWER TO VARY DATES PRESCRIBED BY THIS CHAPTER
52. Power for fstatel government to fix dates for certain pur-
oset—
(Subs. for the words "Provincial" by the Adaptation of Laws Or-
der. .11§11
) (1) The [State) (Subs. for the words' "Provincial by theAdaptation of
Laws Order1. -
1950 Government may, for an or any of the territories ,under its
administration, by notification, fix for the purposes of Sections 36, 45 and 47 or
any of those sections, any-other dates instead of those specified therein.
ITIE PUNJAB TENANCY ACT, 1887 29
28 THE PUNJAB TENANCYACT, 1887
Sections:- 52(A) - 53
(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
ALIENATION
52-A [-] (Section 52-A added by the Punjab Tenancy (Amendment) Act.
1925 (10 of 1925). Section 10 omitted by the Indian Adaptation of Existing
Laws Order. 1947. Section 4(i))
53. Private transfer of right of occupancy under section 5 by ten-
ant.- (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 condi-
tional sale or usufructuary mortgage, he shall cause notice of his intention
to be served on his landlord through a Revenue Officer and shall defer
proceeding with the transfer of a period of one month from the date on
which the notice is served.
(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 times 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.
(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 afore-
said either apply in discharge of the mortgage-debt so much of the pur-
Sections:- 54 - 57
chase-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, anyone of them
may be deemed to be the landlord for the purposes of this section.
(11) No suit or other proceeding shall, be instituted against the [Govern-
ment], (Subs. for the word "Crown" by the Adaptation of Laws Order, 1950)
or against any officer of the [Government] (Subs: for the word "Crown" by
the Adaptation of Laws Order 1950) in respect of anything done by a rev-
enue 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.
54. Procedure on foreclosure of mortgage of right of occupancy
under section 5.- Where a mortgagee of a right of occupancy under Sec-
tion 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 far as they can be made applicable, apply as if the mortgagee
were the tenant.
55. Sale of right of occupancy under section 5 in execution of
decree.— (1) A right of occupancy under Section 5 may be sold in execu-
tion 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 sale 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.
56. 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.
57. Right 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.
30
THE PUNJAB TENANCYACT, 1887
THE PUNJAB TENANCY ACT, 1887 31
Sections:- 58 - 59
58. 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 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 occu-
pancy therein shall, in respect of that land, and so far as regards the
landlord be jointly with the tenant, subject to all the liabilities of the tenant'
under this Act.
58-A. Transfer of right of occupancy under any section of the act by
exchange.- (1) Any tenant with a right 0.1 occupancy may, with the con-
sent of his landlord, transfer his land to all the members of a Co-operative
Society for the Consolidation of Holdings of which both he and his landlord
are members and 'Obtain from them any other land in exchange. (Added
by Punjab Act 11 of 1927 Section 2. (This amendment was made effect
from the 1st day of April 1920))
(2) Notwithstanding anything contained in this Act or any other enact-
ment in force, any land obtained in exchange in' pursuance of the provi-
sions of sub-section (1) shall be deemed to be subject to the same right of
occupancy as the land given for it in exchange.]
SUCCESSION
59. Succession of right of occupancy.— When a tenant having a
right of occupancy in any land dies, the right shall devolve-
(a) on his make lineal descendants, if any, in the male line of de-
scent, and
(b) failing such descendants, on his widow, if any, until she dies or
re-marries or abandons the land or is under the provisions of this
Act ejected therefrom, and
[(c) failing such descendants and widow, on his widowed mother, if
any, until she dies or re-marries or abandons the land or is under
the provisions of this Act ejected therefrom.] (Subs. for the old clause
by Punjab Act IX of 1959. Section 2(i))
[(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 on descent from the
common ancestor of the deceased tenant and those relatives.] (Ins.
by Puniab Act XI of 1939. Section 2(i1))
Section:- 60
Provided, with respect to clause (d) (Subs. for the letter "c" in
brackets by Pb. Act IX of 1939. Section 2(iii) of this sub-section, that the
common ancestor occupied the land.
(Explanation.- (Added by Pb. Act 11 of 1927 Section 3. (This amendment
was made effective from the lEJ day of April 1920) For the purpose of clause
(d), (Subs for the letter "c" in brackets by Punjab Act. IX of 1939. Section
2(iv)), 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
ancest or 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 occu-
pancy, she shall not transfer the right by sale, gift or mortgagee or by sub-
lease for a term exceeding one year.
(4) If the deceased tenant has left no such persons as are mentioned
in sub section (1) on whom, his right of occupancy may devolve under that
sub-section the right shall be extinguished.
Case Law
Section 59— Dholidar—'Bila-Lagan-Bawaja Punrath'—Dholidar— Without payment
of rent for religious purposes)—Adverse possession—Plaintiff inherited all the rights
of Dholidar of her husband and two brothers in the suit land—In Revenue enteries
they have been shown to be in cultivating possession— Defendants canhot be said
to have become owners of that land by adverse possession— Appellate Court
erred in holding that defendants have acquired the right of ownership by adverse
possession. ; Chand Kaur v. Tulsi Ram (Dead) through L.Rs. and ors : 2007(1)
ALL INDIA LAND LAWS REPORTER (P&H) 61
Section 59— Punjab Settlement Manual—'Dohli'— 'Dohlidar'—Death bed gift
from land owner—'Dohli' tenure can never be termed as occupancy tenure—
Dohli tenure is not of a perpetual tenancy—It is an instance of Malik Kabza i. e.
owner in possession—A 'dohlidar is owner of land for the purpose of land revenue
as well land Tenures Act—A Dholidar is in the status of Malik Kabza. ; Chand
Kaur v. Tulsi Ram (Dead) through L.Rs. and ors : 2007(1) ALL INDIA LAND
LAWS REPORTER (P&H) 61
IRREGULAR TRANSFERS
60. Irregular transfers of right of occupancy.-Any transfer made of
a occupancy in contravention of the foregoing provisions of this Chapter
shall be voidable at the instance of the landlord.
SE
5£
st
c(
p
Is
32
30 Sections:- 61 - 62
THE PUNJAB TENANCYACT, 1887
the Decentr
IV of
a landlord has, with
the
permission mentioned in the last foregoing sec-
rovement
tion, made an improvement on the tenancy of a tenant having a right of
the tenant. occupancy he may apply to the Collector for an
e
nhancement of the rent of (2)
If the tenant is a tenant to whom Section 20 applies, the Collec-
tor shall enhance his rent to the share or rates, or with reference to his
rent in gross, as the case may be, paid by tenants, having a similar
advantages. right of occupancy for land of a similar description and with
similar (3) If the tenant is
a tenant to whom Section
22 applies, the Collector shall enhance his rent to such amount, as the tenant would be
liable to pay
under that section if
the land revenue was reassessed. (4)
When the improvement cease application of the tenant reduce the to
rent,
(a) in the case of a tenant to whom sub-section (2) applies, 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 occu-
tages; and panty for land of a similar description and with similar advan-
(2)
If a landlord desires to make such an
im
provement, he may ap- ply to the Collector or permission to make it, and the Collector shall,
the tenant. before making an order on the application, hear the objection,
if any of (3)
In making an order on an application under sub-section (2) the Collector shall be guided
by
such rules, if any, as the [State] Subs. for trent
word "Provincial" b
the Ada tation of Laws Order. 1950 Govern- .
revious sanction of the Governor-
'made b
62.
Enhancement of rent in consideration of an im a landlord
on the tenanc of an occu anc tenant.— (1) When
1
914Lmake in this behalf.
The words With the
General in Council" were re
CHAPTER - V :
IMPROVEMENT AND CONDENSATION'
MPROVEMENTS BY LANDLORDS 61. Im r
ovements b landlords on
t
enancies of occu anc ten ants.— (1) without the previous permission of the Collector, a landlord
occupancy. shall not make an improvement on the tenancy of a tenant having a right of
a zation 1914
s to exist, the Collector may, on the
THE PUNJAB TENANCY ACT, 1887
33
Sections:- 63 - 68
(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 reassessed.
(5) Sections 25 and 26 shall be construed as applying to an applica-
tion 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
63. Title of occupancy tenant to make improvement.— A tenant
having a right of occupancy is entitled to make improvements on his tenancy.
64. Title of tenants not having right of occupancy to make im-
provements.— (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 as-
sented to the making of an improvement by.a tenant not having a right of
occupancy, the assent may be inferred from circumstances.
65. Improvements made before' commencement of this act.—
Improvements 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.
66. Improvements begun in anticipation of ejectment.— A tenant
ejected in execution of a decree, or in pursuance 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 resulted in
his ejecment.
67. 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 term of not less than twenty years from the date of the tender at the rent
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 re-
spect of improvements previously made on the tenancy.
68. 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 pay-
able by him shall not be enhanced, until he has received compensation for
the improvement.
`THE PUNJAB TENANCY ACT, 1887 35
!Sections:- 72 - 74
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 improvement or for
disturbance or 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 Revenue Officer the 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.
72. Matters to be regarded in assessment of compensation for
improvement.— 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 effect;
(c) the labour and capital required for the making of such an im-
provement;
(d) any reduction or remission of rent or other advantage al-
lowed to the tenant by the landlord in consideration of the im-
provement; 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.
73. 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.
74. Relief in case of ejectment before determination. of com-
pensation.— (1) If from any cause the amount of compensation pay-
able to a tenant-
(a) under this Chapter for improvements of disturbance, or
(b) under Section 49 for the value of uncut or ungathered crops or
the preparation of land or sowing, has not been determined before
the tenant is ejected, the ejectment shall not be invalidated by rea-
son of the omission, but the Court or Revenue Officer which de-
34 THE PUNJAB TENANCY ACT, 1887
Sections:- 69 - 71
69. Compensation for disturbance of clearing tenants.— (1)A ten-
ant who has cleared and brought under cultivation wasteland in which he
has not a right of occupancy shall if rejected 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 Rev-
enue Court or Revenue Officer in accordance with the merits of the case,
but not exceeding five years 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 devision or appraisement of the
produce or by fates fixed with reference to the nature of the crops grown,
or if not rent, or no rent other than the land revenue of the land and the rates
and cesses chargeable thereon, has been paid therefore, the compensa-
tion may be computed as if double the amount of the land revenue of the
land were the annual rent thereof.
[Provided that in any estate of which the assessment has been
confirmed on or after the twenty-second day of February, 1929, the
compensation may be computed as if four times the amount of the land
revenue of the land were the annual rent thereof.] (Added by PuniabAct. 4
of 1933. Section 2).
PROCEDURE IN DETERMINING COMPENSA TION
70. 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 improvement's or for
disturbance and of the grounds thereof.
(2) If the Court decrees the ejectment of the tenant or the enhance-
ment 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 sat-
isfaction of the Court to be due to him from the tenant.
71. Determination of compensation by revenue officers.— In ei-
ther 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 PUNJAB TENANCY ACT, 1887 37
Sections:- 75 - 76
(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 55 by landlord for pos-
session of land, the right of occupancy in which has become ex-
tinct;
(g) proceedings under Chapter V1 with respect to the award of
compensation for improvements or disturbance;
SECOND GROUP
(h) application under Section 17 with respect to the division or ap-
praisement 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
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 the 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;
(I) applications under Section 36 for service of notice of relinquish-
ment;
(m) applications under Section 43 for service of notice of eject-
ment;
(n) applications under Section 53 or Section 54 for service of no-
tice of intended transfer or of intended foreclosure or other enforce-
ment 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 dis-
pose of any of the applications and proceedings mentioned in sub-
section (1);
36 THE PUNJAB TENANCY ACT, 1887
Sections:- 75 - 76
cree or who ordered the ejectment may, an 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 - VIII : Jurisdiction and Procedure Jurisdiction
75. Revenue officers.— (1) There shall be the same classes of Rev-
enue Officer under this Act as under the Punjab Land Revenue Act, 1887,
(XVII of 1887) and in the absence of any order of the [State] (Subs. for the
word "provincial" by the Adaptatibn of Laws Order. 1950) 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,
(XVII of 1887).
76. Applications and proceedings cognizable, by revenue offic-
ers.- - (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 ex-
pressed in items of the land revenue;
(aa) [—] (Clause (aa) inserted by Section 11 of Punjab Act 11 of
1925.has been omitted by the Indian (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 ten-
ancy has been passed and remains unsatisfied;
(d) application 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;
38 THE PUNJAB TENANCY ACT, 1887 THE PUNJAB TENANCY ACT.1887 39
Section:- 77
(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 applica-
tions mentioned in the third group of that sub- section.
77. Revenue courts and suit 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 Rev-
enue officers under this Act, and, in the absence of any order of the (Subs.
for the words "Provincial' by the Adaptation of Laws Order, 1950), [State]
GOvernment to the contrary, a Revenue Officer of any class having juris-
diction within any local limits under this Act shall be a Revenue Court of the
same class having jurisdiction within the same local limits.
Procedure where Revenue matter is raised in a Civil Courts.—
(3) The following units shall be instituted in, and heard and determined by,
Revenue Courts, and no other Court shall take cognizance of any dispute
or matter with respect to which any such suit might be instituted:
[Provided that— (Added--by Pu.niab Act 3 of 1912. Section 2)
(1) where in a suit cognlizable by and instituted in a Civil Court it be-
comes 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 par-
ticulars required by Order VII Rule 10, Civil Procedure Code (V Of 1908),
and return the plaint for presentation to the Collector;
(2) on the plaint being presented t‘; the Collector, the Collector shall
proceed to hear and determine the suit where the value thereof ex-
ceeds Rs. 1,000 or the matter involved is of the nature mentioned in
Section 77(3), First Group, of the 'Punjab Tenancy Act, 1887 (XVI of
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 reduc-
tion of rent under Section 24;
Section:- 77
(b) suits between landlord and tenant for addition to or abatement
of rent under Section 28 or for commutation or rent;
(c) suits under Section 34 for the determination of rent or other
sum on the expiration of the term of an assessment of land rev-
enue [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 (Added by Punjab Alienation of Land Act. 13 of 1900. S. 22)
Punjab Alienation of Land Act, 1900- (XVI of 1900)]; !(Repealed. by
the Adaptation of Laws (Third Amendment) Order. 1951).
SECOND GROUP
(d) suit 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 eject-
ment 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) suit for sums payable on account of village cesses or village
expenses;
(k) suits by a co-sharer in an estate or holding for a share of the
profits thereof or for a settlement of accounts;
(I) 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, Zaildars 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; [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]
(Added by the Punjab Alienation of Land Act. 13 of 1900. S. 22)
40 THE PUNJAB TENANCY ACT, 1887 THE PUNJAB TENANCY ACT, 1887 41
Section:- 77
(o) suit by a landowner to recover moneys claimed as due for the
enjoyment of rights in or over land or ih, water, including rights of
irrigation, rights over fisheries, rights of pasturage and forest-fights;
(p) suits for sums payable on account of land revenue or of any
other demand recoverable 'as an 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.
(4) 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 deter-
mine any of the suits mentioned in the second and the third groups
of that sub-section, and, if he has by name been specially empow-
ered in this behalf by the [State] (Subs. for the word "Provincial" by
the Adaptation of Laws Order,1950 Government, any of the suits
mentioned in the first group; and
(c) an Assistant Collector of the second grade may hear and deter-
mine any of the suits mentioned in the third group.
Case Law
Section 77—Validity of sale deed—The title claimed by the plaintiff on the
basis of mutation cannot be challenge in such suits plaintiff was aggrieved
against the owners of the defendant on the basis of the revenue record, he
could challenge before the competent civil Court the sale deed, which resulted
in sanctioning of mutation qua the disputed land and incorporation of revenue
entries on the basis of that sale deed—Sale deed is valid till the same is
declared invalid by the competent court of jurisdiction. ; 2009 ALL INDIA
LAND LAWS REPORTER FEB. PART.
Section 77—Jurisdiction and scope of revenue Courts—Revenue Courts have
no jurisdiction to pronounce upon the relationship of landlord and tenant
under Section 77 of the Act empowers the revenue Courts to decide only
certain disputes between landlord &tenant for which existence of relationship
between the parties is a condition precedent—The revenue court is, entitled
to pronounce upon the relationship between the parties only for the purposes
of deciding disputes within its cognizance, as enumerated under Section 77
of the Tenancy Act—The decision of the revenue Court under Section 77 of
the Tenancy Acton the relationship of landlord and tenant between the parties
would not operate as res judicata and it would be open to challenge in a
subsequent suit or in other collateral proceedings between the parties. ;
2009 ALL INDIA LAND LAWS REPORTER FEB. PART.
Section:- 77
Section 77—Civil Procedure Code, 1908, Section 100—New Plea—Whether a
Marusi can be treated as tresspasser and be ordered to be evicted/dispossessed
in a suit for declaration/possession without resorting to the provisions of Section
77 of the Punjab Tenancy Act not raised before the Courts below, cannot be allowed
to be raised first time in second appeal—Unless the finding of fact is shown to be
the out come of misreading of evidence or are perverse the same are not open to
interference in second appeal. ; Kishan Chand v. Satya Devi and another :
2008(1) ALL INDIA LAND LAWS REPORTER (P&H) 698
Section 77—Non payment of rent—AC I grade decreed the suit against
petitioners—On appeal Collector ordered payment of rent to be made by 15.4.1996,
failing which petitioner be deemed to be evicted—Commissioner held such a
tenant does not deserve any sympathy—Revision dismissed by FC—Petitioners
have admitted their liability—Undertook to vacate in case of failure to pay—And
they have failed to pay—This writ petition is a clear attempt to by pass the
process of law—In such cases no notice in form 5 is necessary.; Manohar and
others v. Financial Commissioner, Haryana : 2001(2) ALL INDIA LAND LAWS
REPORTER (P&H) (DB) 535
S. 77—Suit against custodian to claim occupancy right and property under
Section 9 of the Punjab Occupancy Tenants Vesting of Property Rights Act;
1963 can be filed only in revenue Court; 1990(1) ALL INDIA LAND LAWS
REPORTER 209.
S. 77—Civil Procedure Code, 1908—Order 6, Rule 17—Prayer for amendment or
written statement declined on the ground that similar prayer has not been made in
the suit No. 543 of 1983—Trial Courts reasoning is untenable—Suit, not reference,
is for permanent injunction and objection to jurisdiction of Civil Courts could not be
taken up in that—Grant of injunction is Civil Courts domain—Amendment of written
statement allowed; 1991(1) ALL INDIA LAND LAWS REPORTER 569.
Section 77(k)—Punjab Land Revenue Act, 1887, Section 15— Suit for Rendition
of Account— Suit decreed—Petitioner has filed present review application under
Section 15 of the Punjab Land Revenue Act, 1887, whereas the present case was
decided under the Punjab Tenancy Act, 1887—This case was decided under the
Punjab Tenancy Act, 1887— Petitioner has filed the review application has not
been filed under the relevantAct, so the review application is liable to be dismissed—
Review application ought to have been filed under Punjab TenancyAct, 1887 under
Section 77(k).; Raminder Singh Johal v. Meenakashi Johal & Others: 2007(3)
ALL INDIA LAND LAWS REPORTER (FC) 137
Section 77(3)—Civil Procedure Code, 1908, Section 11—Principle Res judicata—
Finding of Revenue Court—Decision of a Revenue Court will be res judicata in civil
court provided the decision of the revenue court will in jurisdiction of Civil Court—
Decision of Revenue Court is binding on the Civil Court so far as the issue raised
before it is raised again in the Civil Court— Finding recorded by the Revenue Court
would operate as res judicata.: Smt. Dhiro v. Sadhu Singh 2007(2) ALL INDIA
LAND LAWS REPORTER (P&H) 665
42 THE PUNJAB TENANCY ACT, 1887 THE PUNJAB TENANCY ACT, 1887 43
Section:- 77
Section 77(3)(d)—Punjab Occupancy Tenants (Vesting of Propriety Rights) Act,
1952—Question to be examined is if civil court has a jurisdiction to declare a
tenant as occupancy Tenant, even though section 77(3)(d) of the Tenancy Act,
contemplates that a suit by a tenant to establish a right to occupancy falls within
the exclusive jurisdiction of Revenue Court—With the advent of the 1952 Act, the
occupancy rights ceased to exist, and statutory ownership created in lieu thereof,
a suit for occupancy rights would be wholly meaningless—Civil court has a
jurisdiction to entertain a suit of declaration of ownership.; Dharam Singh
(deceased) L.Rs. and others v. Bhagwan Singh and others : 2005(3) ALL
INDIA LAND LAWS REPORTER (Pb. & Hry.) 172
. S.ection 77(3)(d)—Punjab. Occupancy Tenants (Vesting of Proprietary Rights) Act,
1952.— Jurisdiction of Civil Court and Revenue Court—Whether after coming in
force of vesting act, Civil Court would have exclusive. Jurisdiction ? (YES)—Held,
After coming irito force of the Vesting Act, the Civil Court alone would have the
jurisdiction to determine the dispute envisaged in Section 77(3)(d) of the Act and
the jurisdiction of the revenue Court would be barred—Civil suit would lie with respect
to both the categories of occupancy tenants envisaged in Section 2(f) of the Vesting
Act.; Shiv Charan v. Commissioner, Haryana and others : 2005(3) ALL INDIA
LAND LAWS REPORTER (Pb. & Hry.) (FB) 326
ection 77(3)(d)—Punjab Occupancy Tenants (Vesting of Proprietary Rights)Act,
11952—Sections 2(a), 2(f)and 3—Occupancy Rights—Acquisition of—Granted by
Revenue Court—Held—After coming in force of Act of 1952, revenue courts were
not competent to decide the question and every tenant claiming occupancy rights
automatically became owner of the land by operation of law—Impugned orders set
aside.; Surinder Kumar v. V.P. Johahr, Financial Commissioner, Haryana :
2002(3) ALL INDIA LAND LAWS REPORTER (P&H) 676
Section 77(3)—Ejectment of Tenant—Notice as prescribed under Punjab Security
of. Land Tenures Act in Form N not issued to tenant—Ejectment order set aside;
Subhash Chand v. State of Haryana & Ors. ; VOL 71 ALL INDIA LAND LAWS
REPORTER (Pb. & Hry.) 601
Section 77(3)—Punjab Security of Land Tenures Act, 1887—Section 14A (ii) Form
`N',–Non- payment of rent—Ejectment order under Pb. TenancyAct—Notice under
Section 14A(10 of Pb. Security of Land Tenures Act in form 'N' served on tenant—
Non-compliance of procedure—Ejectment order set aside; Ramesh Chand v.
Subhash Chand ; VOL 71 ALL INDIA LAND LAWS REPORTER (FC.- Hry.) 157
S. 77(3)—Court Fees Act, 1870—Deficiency in Court fees— Deficiency in Court
fee cannot and does not render the suit non- maintainable—Such deficiency could
be rectified by the Court during the proCeedings under Punjab,Tenancy Act, 1887;
1995(2) ALL INDIA LAND LAWS REPORTER 27.
S. 77(3)—Joint land-owner—All land-owners need not be impleaded—For ejectment
for Hissedari-kashi, land-owner to whose share the land under the tenant fall can
maintain a suit for ejectment of tenant; 1995(2) ALL INDIA LAND LAWS
REPORTER 27.
Sections:- 78 - 79
S. 77(3)—Punjab Security of Land Tenures Act, 1953—S. 14-A—It is mandatory
for the Revenue Court to issue notice in Form N as prescribed under Section 14-
A(ii) of the Punjab Security of Land Tenures Acieven though suit for ejectment was
filed under S. 77(3) of Punjab TenancyAct--No such procedure was followed by the
Revenue Courts and the Commissioner failed to deal with this point—Ejectment of
the respondent ordered by the Assistant Collector Grade I suffers from the infirmity
of law—Orders set aside; 1995(2) ALL INDIA LAND LAWS REPORTER 27. .
S. 77(3)(d)— Title and ownership of the land held by an occupancy tenant would
be acquired by the occupancy tenant on coming into force of the vesting Act—And,
such interest of the Landlord shall extinguish in that land from that date—Jurisdiction
would thereafter be only with the civil Court—Punjab Occupancy Tenants (Vesting
of Proprietory Rights) Act, 1953, Section 3; 1993(1) ALL INDIA LAND LAWS
REPORTER 226.
—S. 77(3) and Section 15—Payment in part of the rent to a party-Jointly owning
the land, tenant is not bound to do so—Tenancy being joint the rent cannot be paid
"in parts to owner parties— Suit for recovery of rent is to be one no separate suits
are maintainable; 1991(1) ALL INDIA LAND LAWS REPORTER 319.
Administrative Control
78. Superintendence and control of revenue officers and rev-
enue 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, Commissioner shall control all other Revenue Officers and
Revenue Courts in this 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.
79. Power to distribute business and withdraw and transfer
cases.— The Financial Commissioner or a Commissioner or Collector may
by written order distribute, in such manner as he thinks fit, any business
cognizable by any Revenue Officer or Revenue Court under his control.
(2) The Financial Commissioner or a Commissioner or Collector may with-
draw 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 not 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 the local limits of his or its own jurisdiction.
Section:- 80
Appeal Review and Revision
80. 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 Court, as
follows, namely:-
(a) to the Collector when the order or decree is made by an Assis-
tant 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;
Provided that-
(i) an appeal from an order or decree made by an Assistant Collec-
tor of the first grade specially empowered by name in that behalf by
the [State] (Sub. for the word "Provincial" by the Adaptation of Laws
Order. 1950) Government in a suit mentioned in the first 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 eversed on ap-
peal by the Collector, the order or decree made by the Commis-
sioner on further appeal, if any, to him-shall be final.
Case Law
Sections 80, 84, 84(2)—Punjab Land Reforms Act, 1972, Section 18—Surplus
area—Error in calculation—Ld. Commissioner took suo moto cognizance
and directed the Collector to examine the surplus area case of petitioner in
detail—Revision filed by petitioner was dismissed by the Financial
Commissioner—A Commissioner, has jurisdiction to call for the record of
any case disposed of by any Revenue Officer or Revenue Court under his
control—But does not have suo-moto jurisdiction to set aside such an
order and to issue directions in respect thereof—The directions issued by
the Commissioner are limited to the examination of any error in
calculation—The Collector would, therefore, be required to appraise the
calculations and in the case of any prima facie error in calculation, would
be required to call upon the petitioner to justify the error after recourse to
the procedure established under the Act. ; Mahant Lakshmi Dhar v.
Financial Comm., Taxation, Pb., Chandigarh : 2009(1) ALL INDIA LAND
LAWS REPORTER (P&H) 44
Sections:- 81 - 82
Sections 80 and 81—Appeal—Delay of 19 days in filling—Appeal should be decided
on merits and not merely on ground of limitation—Order dismissing appeal on merits
and not merely on ground of limitation—Order dismissing appeal on ground of
limitation, quashed being delay not too long.; Data Ram v. Financial Commissioner,
Haryana : 2002(2) ALL INDIA LAND LAWS REPORTER (P&H) (DB) 666
—S. 80—H.P, Tenancy and Land Reforms Act, Section 61—Interim injunction
granted in favour of Respondent No. 1 against confiscation of619 bighas of land in
favour of State—State filed appeal Commissioner vacated the stay-Respondent
No.1 is in appeal before FC with the preliminary objection that appeal is not
maintainable against an interlocutory order—Held—Order of the Commissioner on
the stay application was not interlocutory—Appeal was maintainable—Impugned
order dated 20th January, 1992 stayed—Appeal not finally decided—Case file sent
back to Commissioner for deciding appeal as per law; 1993(1) ALL INDIA LAND
LAWS REPORTER 145.
—Ss.80 and 81—Limitation for filing appeal—Starts from the date of order declaring
surplus area comes to knowledge of person affected/interested such an order is to
be recorded in form "F" and is to be forwarded to the person interested—Not done
in the case; 1992(1) ALL INDIA LAND LAWS REPORTER 197.
81. Limitation for appeals.—The period of limitation for Ian appeal
under the 1 ast foregoing section shall run from the date of the order or
decree appealed against, and shall be allowed, that is to say:
(a) when the appeal lies to tile Collector—thirty days;
(b) when the appeal lies to the Commissioner-sixty days;
(c) when the appeal lies to the Financial Commissioner—ninety days.
82. Review by revenue officer.;— (1) A Revenue Officer, as such,
may either of 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 re-
view any order which he has not himself passed, and when a Rev-
enue Officer of a class below that of Collector purposes to review
any order whether passed by himself or by any of his predeces-
sors in office, he shall first obtain the sanction of the Revenue Of-
ficer to whose control he is immediately subject;
(b) no application for review of an order shall 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;
44
THE PUNJAB TENANCY ACT, 1887
THE PUNJAB TENANCY ACT, 1887 45
THE PUNJAB TENANCY ACT, 1887 47 46 THE PUNJAB TENANCY ACT, 1887
Sections:- 81 - 82
(c) an order shall not be modified or reversed unless reasonable
notice has been given to the parties affected thereby to appear and
be heard in support of the order;
(d) an order against which an appeal has been preferred shall not
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 power as a Revenue Offic-
ers, and to whom there is no successor in office.
(3) An appeal shall not lie from an order refusing to review, or confirm-
ing on review, a previous order.
Case Law
Section 82—Punjab Land ReformsAct, 1972, Section 18—Review of an order passed
by predecessor in office under Section 82 of the 1887 Act—On the date when reference
was made by the Collector (Agrarian) to the Commissioner, State has already preferred
an appeal against the order sought to be reviewed—Bar created under proviso (d) to
Section 82 of the 1887 Act was clearly applicable—Order passed by Financial
Commissioner was beyond the provisions of the Act and resulted in dilution of the
exception clause—Jurisdiction vested in the Financial Commissioner is ousted—Theory
of merger—Clearly beyond the provisions ofAct—Impugned orders declared as illegal
and without jurisdiction—Writ allowed.; Spinder Singh alias Harminder Singh v.
State of Punjab : 2008(1) ALL INDIA LAND LAWS REPORTER (P&H) 441
—S. 82—Only a new material on record can call for a second review, which
otherwise is not called for and the Collector (Agr.) having reviewed case earlier
would act as res judicata for fresh review- -Bonafides of sales keeping in view
surplus area had been held valid and previous order confirmed—Second review
is not the alternative remedy to appeal or revision—Repeated reviews of already
reviewed orders militates against sound principles of law; 1994(2) ALL INDIA
LAND LAWS REPORTER 15.
Section 82—Review—FC has powers to review his own order and can vary or amend
them—But review has to the within certain limits— In this case it is a case of apparent
genuniue mistake and review cannot be said to be bad in law—Another objection
that review petition was filed by a different counsel—Since review involved is of an
apparent mistake in the allotment order, the application cannot be said to be not
maintainable.; Des Raj alias Deso v. Financial Commissioner, Taxation, Punjab
and others: 2004(1) ALL INDIA LAND LAWS REPORTER (Pb.& Hry.) 316
Section 82—Review—Remedy of review is no substitute for appeal or revision—
Review can generally resorted to only where the object is to rectify a mistake or
patent error—Provision without any conditions as in Order 47, Rule 1 CPC, show
the difference in two reviews statutorily provided—Civil Procedure code, 1908—
Order 47, Rule 1. ; Harbans Singh v. State of Punjab : 1998(1) ALL INDIA
LAND LAWS REPORTER (P&H) 452
Sections:- 81 - 82
Section 82—Pendency of Review proceedings for over 7 years—Such proceedings
were to be considered, continued and disposed of in terms of surplus area, as if
Haryana Ceiling on land Holdings Act had not been passed.; Sarup Singh v.
The Financial Commissioner, Haryana ; 1998(1) ALL INDIA LAND LAWS
REPORTER (P&H) 452
Section 82(1)—Punjab Land Reforms Act, 1972, Section 18—Appeal review and
revision—Section 82 enables to Revenue Officer to review his order or an order
passed by his predecessor in office—An order passed by predecessor in his office
is to be reviewed, sanction of an authority higher in rank was required—Exercise of
power is subject to condition an order against which appeal had been preferred can
not be reviewed—Collector (Agrarian) had passed the order that there is no surplus
area with the petitioner—Aggrieved against the order, respondent-State preferred
an appeal before the Commissioner—Review proceedings and order held to be
without jurisdiction and liable to be quashed—Petition allowed. ; Nand Kishore v.
Kishan Lal : 2008(2) ALL INDIA LAND LAWS REPORTER (P&H) 231
Section 82(1) Proviso (a) and (b)—Punjab Land Reforms Act, 1972, Section
18—Appeal & Review—Appeal filed by the State Govt. before Commissioner—The
Collector (Agrarian) had passed the order declaring that there is no surplus area
with the petitioner—Aggrieved against the order, respondent-State preferred an appeal
before the Commissioner—During the pendency of appeal, before it was dismissed
in default, the Collector, Agrarian sent a reference to the Commissioner, who issued
notice to the petitioner for review of the order passed by the Collector (Agrarian)—
As reference was required to be made to the Commissioner seeking a permission
to review the earlier order passed by the Collector, Agrarian in terms of Section 82
proviso (a) of the 1887 Act, which is applicable for proceedings under the Act in
terms of Section 18 of the Act whereby the provisions of the Punjab Tenancy Act,
1887, as contained in Sections 80 to 84, have been made applicable—After hearing
the petitioner as well as Naib Tehsildar, Agrarian, learned Commissioner, granted
permission to the Collector, Agrarian to review its order—Petitioner approached the
Financial Commissioner against the order passed by the Commissioner permitting
the Collector, Agrarian to review its order—The Financial Commissioner, rejected
the revision petition filed by the petitioner on the ground that appeal filed by the
State against the order of Collector (Agrarian) having been dismissed by the
Commissioner in default, the order thereof did not merge in the order of Collector
and accordingly, permission for review of the order granted by the Commissioner
was perfectly legal—The reasoning given by Financial Commissioner to reject
the revision filed by the petitioner against the order passed by the Commissioner
permitting the Collector (Agrarian) to review its order cannot be accepted—On
a plain reading of proviso (d) of Section 82 (1) of the 1887 Act, which provides
that an exception to the exercise of power of revenue by the Revenue,Officer, it
is evident that an order against which an appeal is 'preferred' shall not be
reviewed—Order passed by the Commissioner & Financial Commissioner illegal
and without jurisdiction—Writ petition allowed. ; Spinder Singh Alias
Harminder Singh v. State of Punjab : 2008(3) ALL. INDIA LAND LAWS
REPORTER (P&H) 677
ITHE PUNJAB TENANCY ACT, 1887 49 48 THE PUNJAB TENANCY ACT, 1887
Sections:- 83 - 84
Section 82(1)—Review of the orders passed by RevenueAuthorities—Commissioner
can grant sanction of review of the orders passed by the subordinate authorities—
In such proceedings, the legislature wanted to exclude the principles of natural
justice—Order does not directly effect persons who were parties to such order—
No civil rights of the parties are affected—No hearing right to the parties—No notice
is thus envisaged.; Sarupp Singh v. The Financial Commissioner, Haryana ;
1998(1) ALL INDIA LAND LAWS REPORTER (P&H) 452
83. Computation of periods limited for appeals and application
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 there-
fore shall be governed by the Indian Limitation Act, 1877. (Subs. for the
words "Chief Court" by Act 18 of 1919).
84. Power to call for, examine and revise proceedings of revenue
officers and 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 Court 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 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 in expedient to interfere with the proceedings or the
order or decree, it 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 [High Court] (Subs. for the words "Chief
Court" byAct 18 of 1919) in the exercise of its revisional jurisdiction may under
the law for the time being in force interfere with the proceedings or an order or
decree of 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 or which he may
appoint in this behalf, pass such order as he thinks fit in the case.
(6) Except when the Financial Commissioner fixes under sub- sec-
tion (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.
Sections:- 83 - 84
Case Law
Section 84(2)—Punjab Land Reforms Act, 1972, Section 18—Appeal—Surplus
Area—Power to call for, examine and revise proceedings and to take Suo
Moto notice is only with the Financial Commissioner—However empowers
the Commissioner or the Collector to call for the record of any case pending
before, or disposed of by any Revenue Officer or Revenue Court under his
control—Commissioner does not have Suo Moto Jurisdiction to set aside such
an order and to issue direction in respect thereof—An error or illegality comes
to the notice of a revenue officer, more particularly, where the error or illegality
has the effect of reducing surplus area, it is the duty and obligation of every
revenue officer to examine the matter and thereafter either seek permission, of
his immediate superior to review the orders or forward a reference to the
Financial Commissioner—The Commissioner, therefore, should have forwarded
a reference to the Financial Commissioner, with his comments—The order of
the subordinate courts are liable to be set aside or modified—Writ petition
disposed—Provisions in regard to appeal, review and revision under this Act
shall be the same, as provided in Sections 80, 81, 82, 83 and 84 of the Punjab
Tenancy Act, 1887. ; 2009 ALL INDIA LAND LAWS REPORTER FEB. PART.
Section 84-Revision filed in court of FC- Dismissed in default, twice for non
appearance-Third restoration application dismissed as earlier it had been ordered
"application for restoration not likely to be entertained"- Reasons given by petitioner/
counsel did not find favour with FC-Adverse comments made on the demeanour of
the Counsel- Unfortunate-Endeavour of the courts should be to decide cases on
merits-On two occasions even respondent was not presents CWP allowed-
Dissimissal orders Quashed- On account of adverse remarks and counter allegations
by the counsel, in the interest of justice revision may be decided by some other
officer- Remitted.; Tirath Das v. State of Haryana and Ors.: 2003(2) ALL INDIA
LAND LAWS REPORTER (Pb. & Hry.) 347
Section 84—Determination of surplus area—Suo motu proceedings initiated after
30 years—The words "Suo moto" have to used with some sense of natural justice
and discretion—Ridiculous for State which formerly attached that land of a person,
auctioned it and then maintain that its liability to re-determined as surplus be re-
opened—Before re-determining the status of land the transferees had right to be
heard and served with notice—Punjab Security of Land Tenures Act, Section 24.;
Bhagat Singh and others v. State of Haryana and others : 2001(1) ALL INDIA
LAND LAWS REPORTER (FC, Hry.) 155.
Section 84—Revision reported to Financial Commissioner—Even if parties, either
or both, fail to tour up at the time of hearing revision cannot be dismissed in default—
Opportunity provided to be heard is enough, may not be availed—Case has to be
decided on merits, on facts available on record—It is in the interest of justice and
fairplay to review the order of dismissal in default and accept the reference by the
Commissioner—Order of Collector, by which surplus area case was decided is
upheld.; Babu Ram v. State of Punjab : 1999(2) ALL INDIA LAND LAWS
REPORTER (FC, Pb.) 423
50 THE PUNJAB TENANCY ACT, 1887 THE PUNJAB TENANCY ACT, 1887 51
Section:- 85
Section 84—Civil Procedure Code, 1908—Section 115—Pepsu Tenancy and
Agricultural Lands Act, 1955—Section 39(3)—Punjab TenancyAct, 1887—Section
84—Tenant was ordered to be evicted when he failed to deposit rent plus costs
within time stipulated, short by Rs. 174/—F.C. allowed the short amount to be
deposited—Jurisdiction of F.C. to revise the orders is challenged—Conjoint reading
of Section 39(3) Land Act and Section 84(5) of TenancyAct make it clear that even
in the absence of an appeal filed, F.C. can exercise his suo motu powers of
revision—No ground warranting interference with impugned orders.; Charan Dass
v. Financial Commissioner, Haryana : 1998(2) ALL INDIA LAND LAWS
REPORTER (P&H) 522
Section 84—It was in 1983 that surplus land of big landowner vested in the state—
Great Grandsons of the landlord have challenge the validity of surplus area—They
have also managed an entry in the mutation as mortgagors and some party as
mortgagees—Mortgagors were never vested with any rights to mortgage transaction,
petitioners have been able to keep possession of the land—Land deserves to be
treated as vested in Government—Case referred back to local revenue authority to
utilise the surplus area as free from all encumbrances and update the Revenue
Records—Punjab Land Reforms Act, 1971—Section 18.; Amarjit Singh v. State
of Punjab : 1998(1) ALL INDIA LAND LAWS REPORTER (FC, Pb.) 14
—S. 84—Before the F.C., petitioner has himself demolished his plea of adverse
possession for over 20 years and has accepted the factum of tenancy under the
Education Society on 1/3 batai through a third person who was never in possession—
In the revision, which scope is very limited the petitioner has to prove miscarriage
of justice either because of wrong, exercise of power or Revenue Officers having
grossly misunderstood the facts—Petitioners denial of relationship of tenant and
landlord never succeeded—Revision disposed of by the Commissioner by a one-
line non-speaking order is distressing-Revision devoid of merit, is dismissed; 1996(1)
ALL INDIA LAND LAWS REPORTER 472.
Procedure
85. Procedure of revenue officers: - (1) The [State] (Subs. for the
words "Provincial" by the Adaptation of Laws Order. 1950) Government
may make rules (For rules under Section 35(1) see notification No. 77.
Punjab Gazette, Extraordinary 151 March, 1888, page 79.) consistent with
this Act for regulating the procedure of Revenue Officers under this Act in
case in which a procedure is not prescribed by this Act.
(2) The rules may provide, among other matters, for the mode of en-
forcing orders of ejectment from, and delivery of possession of, immove-
able property, and rules providing for those matters may confer on a Rev-
enue Officer all or any of the powers in regard 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 or possession of such
property.
Sections:- 86 - 88
(3) The rules may also provide for the mode of executing orders as
to costs, and may adopt to proceedings under this Act all or any of the
provisions of the Punjab Land Revenue Act, 1887, (VII of 1887), with re-
spect to arbitration.
(4) Subject to the rules under this section, a Revenue Officer may re-
fer any case which he is empowered to dispose of under this Act to an-
other Revenue Officer for investigation and report, and may decide the
case upon the report.
86. Persons by whom appearances may be made before revenue-
officers as such and not as revenue courts.- (1) Appearances before a
Revenue Officer as such, and applications to and acts to be done before
him, under this Act may be made or done-
(a) by the parties themselves, or
(b) by their recognized agents or a legal practitioner.
Provided that the employment of a recognized agent or legal
practitioner shall not excuse the personal attendance of a party to any
proceeding in any case in which personal attendance is specially required
by an order of the officer.
(2) For the purposes of sub-section (1), recognised agents shall be
such persons as the [State] (Subs. for the word "Provincial" by the Adap-
tation of taws Order, 1950) Government may by notification declare in
this behalf.
(3) The fees of legal practitioner shall not be allowed as cost in any
proceedings before a Revenue Officer under this Act, unless that officer
considers, for reasons to be recorded by him in writing that the fees should
be allowed.
87. Costs.- (1) A Revenue Officer may give and apportion the costs of
any proceedings under this Act in any manner he thinks fit.
(2) • But if the orders that the costs of any such proceeding shall not
follow the event, -he shall record his reasons for the order.
88. Procedure of revenue courts.— (1) The [State] .(Sub. for the
words "Provincial" by the Adaptation of Laws Order 1950) Government
may (For rules see, Punjab Gazette, 1902, Part I; page 845) 1-1 (See
now the Code of Civil Procedure, 1908 (Act 5 of 1908) make'rules con-
sistent with this Act for regulating the procedure of Revenue Court in
matters under this Act for which a procedure is not prescribed thereby,
and may by any such rule direct that any provisions of the Code of Civil
A
52 THE PUNJAB TENANCY ACT, 1887
Sections:- 89 - 90
Procedure shall apply. (The words "with the previous sanction of the
Governor-General in Council" were repealed, by the Decentralization Act,
4 of 1914) with or without modification. to all or any classes of cases
before those Courts.
(2) Until rules are made under sub-section (1), and subject to those
rules when made and to the provisions of the Act,-
(a) the Code of Civil Procedure shall, so far as it is applicable, ap-
ply to all proceedings in Revenue Courts whether before or after
decree; and
(b) the Financial Commissioner shall, in respect of those proceeding
be deemed to be the High Court within the meaning of that Code, and
shall, subject to the provisions of thisAct, exercise, as regards the Courts
under his control, all the powers of a High Court under the Code.
89. Power of revenue officers or revenue courts to summon per-
sons.- (1) A Revenue Officer or Revenue Court may summon any per-
sons whose attendance he or it considers necessary for the purpose of
any application suit or other business before him or it as a Revenue Officer
or Revenue Court.
(2) A person so summoned shall be bound to appear at the time and
place mentioned in the summons in person or if the summons so allows,
by his recognized agent or a legal practitioner.
(3) The person attending in obedience to the summons shall be bound
to state the truth upon any matter respecting which he is examined or
makes statements and to produce such documents and other things relating
to any such matter as the Revenue Officer or Revenue Court may require.
90. Mode of service of summons.- (1) A summons issued by a
Revenue Officer or Revenue Court, if practicable, be served (a) per-
sonally on the person to whom it is addressed, or failing him on (b) his
recognized agent on (c) an adult male member of his family who is
residing with him.
(2) If service cannot be so made, or if acceptance of service so made
is refused, the summons may be served by posting a copy thereof at usual
or last known place of residence of the person to whom it is addressed, or, if
that person does not reside in the district in which the Revenue Officer is
employed or the Revenue Court is held and the case to which the summons
relates has reference 10 land in that district then by pasting a copy of the
summons on some conspicuous place in or near the as late wherein the
land is situate.
THE PUNJAB TENANCY ACT, 1887 53
Sections:- 91 - 93
(3) If the summons relates to a case in which persons having the same
interest are so numerous that personal service on all of them is not rea-
sonably practicable, it may, if the Revenue Officer or Revenue Court so
directs, be served by delivery of a copy thereof to such of those persons
as the Officer or Court nominates in this behalf and by proclamation of the
contents thereof for the information of the other persons interested.
(4) A summons may if the Revenue Officer or Revenue Court so diredts
be served on the persons named therein, either in addition to, or in substitution
for, any other mode of service, by forwarding the summons by post in a letter
addressed to the person and registered under Part III of the Indian Post Office
Act, 1886, (See now the Indian Post OfficeAct, 1896 (6 of 1898) (XIV of 1866).
(5) When a summons is so forwarded in a letter and it is proved that
the letter was properly addressed and duly posted and registered, the Of-
ficer or Court may presume that the summons was served at the time
when the letter would be delivered in the ordinary course of posts.
Case Law
Section 90—Punjab Security of Land Tenures Act, 1953—Punjab Security of Land
Tenures Rules, 1956, Rules 6(7)—Declaration of surplus area—Failure to served
notice—Whether a transferee could claim a right to include his land in the
permissible area of the Vendor/big landowner? A transferee from a big land-owner
before the surplus area case is concluded is mandatorily required to be served with
a notice. ; Smt. Ranjeet Kaur v. State of Haryana : 2006(1) ALL INDIA LAND
LAWS REPORTER (Pb. & Hry.) 211
91. Mode of service of notice, order of proclamation or copy thereof.-
A notice, order or proclamation, or copy of any such document issued by a
Revenue Officer or Revenue Court for service on any person shall be served in
the manner provided in the last foregoing section for the service of a summons.
92. Additional mode of publishing proclamation.- When a procla-
mation relating to any land is issued by a Revenue Officer or Revenue
Court, it shall, in addition to any other mode of application which may be
prescribed by any ejectment for the time being in force, be made by beat of
drum or other customary method, and by the posting of a copy thereof on
a conspicuous place in or near the land to which in relates.
93. Joinder of tenants as parties to proceedings relating to rent.—
(1) Any number of tenants cultivating in the same estate may, in the direc-
tion of the Revenue Officer or Revenue Court and subject to any rules,
which the [State] (Subs. for the word "Provincial" by the Adaptation of Laws
Order, 1950 Government may make in this behalf, be made parties to any
proceeding under Chapter III.
54
THE PUNJAB TENANCY ACT, 1887
(THE PUNJAB TENANCY ACT, 1887 55
Sections:- 94 - 97
(2) But a decree or order shall not be made in any such proceeding
unless the Revenue Officer or Revenue Court is satisfied that all the par-
ties thereto have had an opportunity of appearing and being heard.
(3) A decree or order made in any such proceedings shall specify the
extent to which each of the tenants is affected thereby.
94. Exception of suits under this act from operation of certain
enactment.- Nothing in section 424 of the (See now the Code of Civil Pro-
cedure, 1908, Act 5 of 1908) Code of Civil Procedure XIV of 1882 or in
Section 6 of the (See Now the Punjab Municipal Act) (Act 3 of 1911) Punjab
Municipal Act, 1884, (XIII of 1884) shall be construed to apply to a suit of a
class mentioned in section 77 of this Act.
95. Payment into court of money admitted to be due to a third
person.- When a defendant admits that money is due from him on ac-
count of rent, but pleads that it is due not to the plaintiff but to a third per-
son, the Court shall, except for special reasons to be recorded by it, refuse
to take cognizance of the plea unless the defendant pays into Court the
amount to admitted to be due.
(2) Where such a payment is made the Court shall forthwith cause
notice of the payment to be served on third person.
(3) Unless the third person within three months from the receipt of the
notice institutes a suit against the plaintiff and therein obtains an order
restraining payment of the money, it shall be paid to the plaintiff on his
application to the Court therefor.
(4) Nothing in this section shall effect the light of any person to recover
from the plaintiff money paid to him under sub-section (3).
(5) When a defendant pays money into Court under this section, the
Court shall give the defendant a receipt, and the receipt so given shall
operate as an acquittance in the same manner and to the same extent as
if it had been given by the plaintiff or the third person or the case may be.
96. Execution of decree or arrears of rent.- A court passing a de-
cree for an arrear of rent may, on the oral application of the decree-holder,
order execution thereof against the movable property of the tenant, against
any uncut or ungathered crops on the tenancy in respect of which the
arrear is decreed.
97. Prohibition of imprisonment of tenants in execution of de-
crees for rent:- A tenant shall not, during the continuance of his occu-
pancy, be liable to imprisonment on the application of his landlord in execu-
tion of a decree for an arrears of rent.
Sections:- 98 -100
98. Power to refer party to civil court.- (1) If, in any proceeding pend-
ing before Revenue Court exercising original, appellate or revisional juris-
diction, it appears to the Court that any question in issue is more proper for
decision by a Civil Court, the Revenue Court may, with the previous sanc-
tion of the Court, if any, to the control of which it is immediately subject,
require, by order in writing, any party to the proceeding to institute, within
such time as it may fix in this behalf, a suit in the Civil Court for the purpose
of obtaining a decision on the question and, if he fails to comply with the
requisition, may decide the question as it thinks fit.
(2) If the party institutes the suit in compliance with the requisition, the
Revenue Court shall dispose of the proceeding pending before it in accor-
dance with the final decision of the Civil Court of first instance or appeal, as
the case may be.
99. Power to refer to high court questions as to jurisdiction.— (1)
If the Presiding Officer of a Civil or Revenue Court in which a suit has been
instituted doubts whether he is precluded from taking cognizance of the
suit, he may refer the matter through the [District Judge] or Commissioner,
or if he is a [District Judge] (Subs. for "Divisional Judge" by the Punjab
Courts Act. 1918 (6 of 1911) Section 49) or Commissioner directly to the
[High Court] (Subs. for the word "Chief Court" by Act 18 of 1919).
(2) On any such reference being made, the [High Court] (Subs. for word
"Chief Court" by Act 18 of 1919) may order the Presiding Officer either to
proceed with the suit or to return the plaint for presentation in such other Court
as it may in its order declare to'be competent to take cognizance of the suit.
(3) The order of the [High Court] (Subs. for the word "Chief Court" by
Act 18 of 1919) on any such reference shall be conclusive as against per-
sons who are not parties to the suit as well as against persons who are
parties thereto.
100. Power of high court to validate proceedings held under mis-
take as to jurisdiction.—In either of the following cases, namely: -
(a) if it appears to a Civil Court that a Court under its control has
determined a suit or, a class mentioned in Section 77 which under
the provisions of that section should have been heard and deter-
mined by a Revenue Court or
(b) if it appears to a Revenue Court that a Court under its control
has determined a. suit which should have been heard by a Civil
Court, the Civil Court or Revenue Court, as the case may be, shall
submit the record of the suit to the [High Court]
a
101.
power
he is e
(2)
cise hi
jurisdic
102.
the [Stat
der 195
words "L
Indian La
year a list
Revenue
a
as
ing
ha
(6)
afte
such
56
(2) If on perusal of the record it appears to fk"
was so determined in cionri
Sections:- 101 - 102
THE PUNJAB TENANCY ACT, 1887
on
THE PUNJAB TENANCY ACT, 1887 57
Sections:- .103 - 105 .
(2) A proceeding had before a Revenue Officer or Revenue Court
uit a day specified in the list as a day to be observed by the Officer or
u- . Court as a holiday shall not be invalid by reason only of its having been
le g had on that day.
103. Discharge of duties of collector dying or being disabled.—
_ When a Collector dies or is disabled from performing his duties, the officer a
who succeeds temporarily to the chief executive administration of the district
of the same or a higher class, he shall
under any orders which may be generally or specially issued by the [State]
Government on this behalf, shall be deemed to be a Collector under this Act.
104. Retention of powers by revenue officer on transfer.— When
a Revenue Officer of any class who, either as such or as a Revenue Court,
has under the foregoing provisions of this Act any powers to be exercised
in any local area is transferred from that local area to another as a Rev-
Itti1
enue Officer or Revenue Court /4
continue to exercise those powers in that other local area, unless the [State]
(Subs. for the word "Provincial" by the Adaptation of Laws Order. 1950)
Government otherwise directs or has otherwise directed.
105. Conferment of powers of revenue officer or revenue court.—
, The [State] (Subs. for the word "Provincial" by the Adaptation of Laws Or-
, der. 1950) Government may by notification confer on any person— (For
Notification see Punjab Govt. Gazette, 1908, Part 1 pace 928.)
(a) all or any of the powers of a Financial Commissioner, Commis-
sioner or Collector under this Act, or
(b) all or any of the powers with which an Assistant' Collector of
either grade is, or may be, invested thereunder;
and may be.notification withdraw any powers so conferred.
) A person on whom powers are conferred under sub-section (1)
all exercise those powers within such local limits and in such classes of
es as the [State] (Subs. for the word "Provincial" by the Adaptation of
Order. 1950 Government, may direct, and, except as otherwise di-
ted by the [State] (Subs, for the word "Provincial" by the Adaptation of
(s Order, 1950) Government, shall for all purposes connected with the
vise thereof 'be deemed a Financial Commissioner, Commissioner,
ctor or Assistant Collector, as the case may be.
Before conferring powers on the Judge of a Civil Court under sub-
section (1), the [State] (Subs. for the word "Provincial" by the Adaptation of ......,
_ —.clays by all or any Laws Order, 1950) Government shall consult the [High, Court] (Subs. for
the words "Chief Court" by Act 18 of 1918).
56 THE PUNJAB TENANCY ACT, 1887
Sections:- 101 -102
(2) If on perusal of the record it appears to the (High Court) that the suit
was so determined in good faith, and that the parties have not been preju-
diced by the mistake as to jurisdiction, the [High Court] may order that the
decree be registered in the Court which had jurisdiction.
(3) If it appears to the [High Court] otherwise than on submission of a
record under sub-section (1), that a Civil Court under its control has deter-
mined a suit of a class mentioned in Section 77 which under the provisions
of that section should have been heard and determined by a Revenue Court
the [High Court] (Subs. for the words "Chief Court" bvAct 18 of 1919) may
pass any order which it might have passed if the record had been submit-
ted to it under that sub-section.
(4) With respect to any proceeding subsequent to decree, the [High
Court] (Subs. for the words "Chief Court" by Act 18 of 1919) may make
such order for its registration in, a Revenue Court or Civil Court as in the
circumstances appear to be just and proper.
(5) An order of the [High Court] under this section shall be conclusive
as against persons who were not parties to the suit or proceeding as well
as against persons who were parties thereto and the decree or proceed-
ing to which the order relates shall have effect as if it had been made or
had by the Court in which the order has required it to be registered.
(6) The provisions of this section shall apply to any suit instituted on or
after the first day of November, 1884, and to proceeding arising out of any
such suit.
Miscellaneous
101. Place of sitting.—. (1) An Assistant Collector may exercise his
powers under this Act at any place within the limits of the district in which
he is employed.
(2) Any other Revenue Officer or Revenue Court may only exer-
cise his or its powers under this P.ci within the local limits of his or its
jurisdiction.
102. Holidays.- (1) The Financial Commissioner, with the approval of
the [State] (Subs. for the word "Provincial" bYithe Adaptation of Laws Or-
der, 1950) Government, shall publish in the [Official Gazette] (Subs. for the
words "Local Official Gazette" by the Government of India (Adaptation of
Indian Laws) Order 1937) before the commencement of each calendar
year a list of days to be observed in that year as holidays by all or any
Revenue Officers and Revenue Courts.
ITHE PUNJAB TENANCY ACT, 1887
57
Sections:- 103 - 105
PUNJAB GOVT. GAZ. (EXTRA), MARCH 1, 2019
99
(PHGN 10, 1940 SAKA)
PART III l
GOVERN1VENfOFPUNJAB
DEPARTMENT:OF REVENUE, REHABILITATION AND
DISASTER MANAGEMENT
(AGRARIAN REFORMS BRANC )
NOTIFICATION
The 27th FehrUary, 2019
No. S.0.17/P.A.16/1.887/S.:105/P.A.p/1887/S.10/2?19.- In Supersession
of the GoVernment of Punjab, Department hf Revenue, Reliabilitation (Agrarian
j.
Reforms Branch), Notifidation No. S.046/RA.16/18871.105/2009, dated the
9th April, 2009, and in exercise of the rio4vers conferred by section 105 of the
Punjab Tenancy Act, 1887 (Punjab Act o. 16 of 1887) read with section 10
of the Punjab Land Revenue Act 188 unjab Act XVII of 1887), and all
other powers enabling him in this behalf; e Governor ofd Punjab is pleased to
(2
sr
re
eh
1721/3-2019/Pb. Govt. Press, S.A.S. Nagar .1 (3 , or a uivn court under sub-
section (1), the [State] (Subs. for the word "Provincial" by the Adaptation of
Laws Order, 1950) Government shall consult the [High, Court] (Subs. for
the words "Chief Court" by Act 18 of 1918).
confer the Towers of the Assistant Colle ; for 1st. Grade upon all the District
ReVenue• Officers in the State of Punjah,i which shall 4 exercised by them
within their respective jurisdiction; to eoide the' cases instituted under
sub;section (3) of section 77 of the afores Punjab Tenancy Act, 1887.; before
or after the publication of this notification, y the Non-Res ti Indians; serving
members of the Armed Forces of the Uthio of India and the serving members
Of the Central Police Armed Forces, orb.eir.do-shareri or family members,
.1
as the case may be. • 1
;.1
• Il . • 11
IK.A.LI*IiiAlVLITTIV.L BiARUAII;
. ;Additional Chief Seciptary to .
GoVernmer'eof Punjab,. Departmeritof
Rev4e,Rehabihtation and . •
.Dikaster Managerflent... .
; ; •
I
58 THE PUNJAB TENANCY ACT, 1887 THE PUNJAB TENANCY ACT, 1887 59
Section:- 106
(4) If any of the powers of a Collector under Section 78 and 79, Section
80 or Section 82 are conferred on an Assistant Collector, they shall, unless
the [State] (Subs. for the word "Provincial" by the Adaptation of Laws Or-
der, 1950) Government by special order otherwise direct be exercised by
him subject to the control of the Collector.
106. Power for financial commissioner to make rules.- (1) The Fi-
nancial Commissioner, .may in addition to the other rules which may be
made by him under this Act, makes rules consistent with this Act and any
other enactment for the time being in force,-
(a) determining notwithstanding anything in any record-of-rights,
the number and amount of the instalments and times by and at
which rent is to be paid;
(b) for the guidance of Revenue Officers is determining for the
purposes of this Act, the amount of the land revenue of any
land;
(c) presIcribing, for all or any of the territories to which this Act
extends, the periods during which, in proceedings held under
this Act, a Revenue Officer or Revenue Court is not, except for
reasons of urgency to be recorded, to issue any process of ar-
rest against a tenant or against a landowner who cultivates his
own land;
(d) regulating the procedure in cases where persons are entitled to
inspect records of Revenue Offices or Revenue Courts, or to ob-
tain copies of the same and prescribing the fees payable for
searches and copies;
(e) prescribing forms for such books, entries, statistics and ac-
counts as the Financial Commissioner thinks necessary to be kept,
made or complied in Revenue Offices or Revenue Courts or sub-
mitted to any authority;
(f) declaring what shall be the language of any of those offices and
Courts, and determining in what cases persons practisingin those
offices and Courts shall be permitted to address the-Presiding Of-
ficers thereof in English and.
(g) generally for the guidance of Revenue Officers and other per-
sons in matters connected-with the enforcement of this Act.
(2) Until rules are made under clause (a) of sub-section (1), rent
shall be payable by the instalments and at the times by and at which it
is now payable.
Sections:- 106(A) -109
(3) Rules made by the Financial Commissioner under this or any other
section of this Act shall [be made subject to the control of] (Subs. for the
words. "shall not take effect until they have been sanctioned by" by the
decentralization Act, 1914 (4 of 1914) the [State] (Subs. for word "Provin-
cial" by the Adaptation of Laws Order, 1950) Government.
Punjab Amendment
106-A. Licencinq of petition writers in revenue courts and revenue
officers.— (1) No person shall practise as a petition writer in any Revenue
Court or Revenue Office, unless he has been licensed under rules made
under this Act (Ins. by Punjab Act 18 of 1969. Section 2)
(2) A person who contravenes the provisions of sub-section (1) shall
be liable to the prescribed penalty which shall not exceed fifty rupees in
any case.
(3) The Financial Commissioner may, from time to time, make rules
(consistent with this Act and other enactments) for the time being in force:
(i) declaring what persons shall be permitted to act as petition writ-
ers in the Revenue Courts and Revenue Offices;
(ii) regulating the issue, suspension and revocation of licences to
such persons, the fees payable for the issue of licences, the con-
duct of business by them and the scale of fees to be charged by
them; and
(iii) providing for the penalty that may be imposed under sub-sec-
tion (2), the authority who shall be competent to impose penalty
under that sub-section and the authority to whom an appeal against
an order of refusal to issue a licence or suspension or revocation
of licence or imposition of penalty shall lie.]
107. Rules to be made after previous publication.-The power to make
any rules under this Act is subject [—] (The words to the control of the
Governor General-in-Council and" were repealed by the Devolution Act 38
of 1920 Section 2 Schedule I) to the condition of the rules being made after
previous publication.
108. Powers exercisable by financial commissioner.-All powers con-
ferred by this Act on the Financial Commissioner may be exercised from
time to time as occasion requires.
CHAPTER - VIII : Effect of this Act on Records-of-Rights and
Agreements
109. Nullity of certain entries of records-of-rights.—An entry in any
record-of-Rights providing—
60 THE PUNJAB TENANCY ACT, 1887 THE PUNJAB TENANCY ACT, 1887 61
Sections:- 110 - 111 Section:- 112 & SCHEDULE
(a) that a landlord may prevent a tenant from making, or eject him
for making, such improvements on his tenancy as he is entitled to
make under this Act, or
(b) that a tenant ejected from his tenancy shall not be entitled to
compensation for improvements or for disturbance in any case in
which he would under this Act be entitled to compensation there-
fore, or
(c) that a landlord may eject a tenant otherwise that in accordance
with the provisions of this Act, shall be void to that extent.
110. Nullity of certain agreements contrary to the act.— (1) Nothing
in any agreement made between a landlord and a tenant after the passing
of this Act shall-
(a) override any of the provisions of this Act with respect to
the acquisition of a right of occupancy, or the reduction re-
mission or suspension of rent or the enhancement of the rent
of a tenant having a right of occupancy under Section 5 or
Section 6, or
(b) take away or limit the right of a tenant as determined by this Act
to make improvements and claim compensation therefore, or, where
compensation for disturbance can be claimed under this Act, to
claim such compensation, or
(c) entitle a landlord to eject a tenant otherwise than in accordance
with the provisions of this Act.
(2) Nothing in clause (a) of sub-section (1) shall apply to an agreement
by which a tenant binds himself to pay an enhanced rent in consideration
of an improvement which has been, or is to be, made in respect of his
tenancy by or at the expense of, his landlord, and to the benefit of which the
tenant is not otherwise entitled.
111. Saving of other agreements when in writing or has been
recorded in a Record-of-rights.k Save as expressly provided in this
Act, nothing in this Act shall affect the operation of any agreement be-
tween a landlord and a tenant, when the agreement either is in writing,
or has been recorded in a record-of-rights before the passing of the
Punjab Land Revenue Act, 1887 (XVII of 1887) or been entered by order
of a Revenue Officer in a record-of-rights or annual record under the
provisions of the Act.
112. Effect of certain entries made in Records-of-rights before
November, 1871.— An entry made with respect to any of the following
matters before the eighteenth day of November, 1871, and attested by the
proper officer in the record of a regular settlement sanctioned by the [State]
Government, namely:-
(a) enhancement or abatement of the rent of a tenant having a right
of occupancy, or the commutation of rent in kind into rent in money
or of rent in money into rent in kind or the taking of rent in kind by
division or appraisement of the produce or other procedure of a like
nature, or
(b) the letting or under-letting of land in which ,there is a right of
occupancy by the tenant having that right-or the alienation of or
succession to land in which such a right, subsists shall be
deemed to be an agreement within the meaning of the last fore-
going section.
THE SCHEDULE
Repealed by the Repealing and Amending Act, 1891 (XII of 1891)
S. 2(1) and first Schedule.
THE
PUNJAB TENANCY
RULES, 1909
[Published,—vide Financial Commissioner's notifications Nos. 78
and 79 of Punjab Gazette (Extraordinary), dated 151 March, 1881, pages
91 and 66 respectively]
Limitation of Jurisdiction- of Assistant Collector of the 2nd
Grade
1. [(I) Limitation of powers of Naib-Tahsildars.— A Naib-
Tehsilda r invested with the powers of an Assistant Collector of the 2nd
grade shall not hear and determine a suit of any description men-
tioned in the 3rd group of sub-section (3) of Section 77 in which the
rent or sum claimed exceeds (Financial Commissioner's notification
No. 145, dated 18e November, 1909) Rs. [500] (Sub. by Financial
Commissioner's notification No. 8583-E-53/5464, dated 21g Septem-
ber. 1953) in amount.
(ii) Limitation of powers of other Assistant Collectors of 2nd
grade.— Other Assistant Collectors of the 2nd grade shall not hear and
determine a suit of any description mentioned in the 3rd group of sub-
section (3) of Section 77 in which the rent or sum claimed exceeds Rs.
[1,000] (Subs. by ibid) in amount].
Procedure of Revenue Officers (Punjab Government notification
No. 77. dated 1st March, 1888)
2. (i) Statements and pleadings to be brief.- The statements and
pleadings made by or on behalf of parties to a revenue proceedings,
whether oral or written, shall be as brief as the nature of the case admits;
and shall not be argumentative but shall be confined as such as possible
to a. simple and concise narrative of the facts which the party by whom
or on whose behalf the statement or pleading is made believes to be
material to the case, and which he either admits or believes that he will
be able to prove.
(ii) Verification of applications.- Every written application of state-
ment filed by a party to a revenue proceeding shall be drawn up and veri-
fied in the manner provided by the Civil Procedure Code for written state-
ments in suits.
THE PUNJAB TENANCY RULES, 1909 63
Rules:- 3 - 9
3. Proceeding not to abate on death or marriage of party.- The
death of one of the parties to a revenue proceeding, or in a proceeding to
which a female is a party, for marriage shall not cause the proceeding to
abate. And the revenue officer before whom the proceeding is held shall
have power to make the successor-in-interest of the deceased person or
of the married female a party thereto.
4. In fixing dates, etc., Revenue Officer to follow procedure of
Revenue Court Commission.— In fixing dates for the hearing of par-
ties and their witness in adjourning proceedings, and in dismissing ap-
plications on default or for other sufficient reason, a Revenue Officer
will so far as the nature of the case may require' or permit, be guided
generally by the principles of the procedure for the time being in force in
revenue courts.
5. The provisions of Sections 75-78 of the Civil Procedure Code and
of Schedule I, Order XXVI, annexed to the said Code in respect of commis-
sions shall apply in the case of proceedings before a revenue officer.
6. Expenses of witnesses.— (i) A revenue officer may at his discre-
tion award to a witness attending on summons a sum on account of his
expenses not exceeding the sum to which the witness would have been
entitled for a like attendance in a civil Court.
(ii) The sum so awarded shall be costs in the proceeding.
7. Record of other proceedings under Tenancy Act.- In proceed-
ings before a revenue officer under the Punjab Tenancy Act, 1887, the
revenue officer shall make with his own hand a brief memorandum of
the statements of parties and witnesses at the time when each state-
ment is made.
8. Contents of orders.- In every proceeding in which an order
is passed on the merits after inquiry, the revenue officer making the
order shall also record a brief statement of the reasons on which it
is founded.
9. Appointment and recovery of costs.- (i) In proceedings in which
costs have been incurred the final order shall apportion the costs of be-
tween the parties to the proceeding.
(ii) Costs thus apportioned shall be recoverable by the revenue of-
ficer by attachment and sale of the movable property of the person li=
able for the same in the manner prescribed in Section 70 of the Land
Revenue Act.
L.
, , r
4
64 THE PUNJAB TENANCY RULES, 1909
Rules:- 10 - 14
10. Execution of order of ejectment, etc.— (i) Order of ejectment
from, and delivery of possession of immovable property shall be enforced
in the manner provided in the Code of Civil Procedure for the time being in
force in respect of the execution of a decree whereby a Civil Court has
adjudged ejectment from, or delivery of, possession of such property.
(ii) And in the enforcing of these orders a revenue officer shall have all
the powers in regard to contempts, resistance and the like which a Civil
Court may exercise in the execution of a decree of the description men-
tioned in sub-section (1).
11. Arbitration.— The provisions of the Punjab Land' Revenue Act,
1887, with respect to arbitration shall apply to proceedings before a rev-
enue officer in respect of any matter described in the 15' and 2" groups of
Section 76 of the Punjab Tenancy Act, 1887.
Language of Revenue Offices and Courts
12. Language of Revenue Courts and Offices.— The Languages
of revenue offices and courts before district level shall be Hindi in Devnagri
Script in Hindi Region and Punjabi in Gurmukhiscript in the Punjabi Re-
gion; and (As amended by Financial Commissioner's notification No. 145.
dated 13th November. 1909. and substituted for rules 12 and 13 by Finan-
cial Commissioner's notification No A R.I (IV)-61/3667. dated 30th Oct.
1961 and Rule 12 so substituted has further been substituted by Punjab
Government Notification No. GSR 193/PA 16/87/5106/62, dated the 28th
September, 1962). English and Urdu in Chandigarh Capital.
[FOR HARYANA ONLY]
Provided that the order, on judgment against which an appeal or
revision lies under the law for the time being inforce, may be written by the
Presiding Officer in English.
Explanation.— The expression 'Hindi Region' and 'Punjabi Region'
shall have the meaning assigned to them in the Punjab Regional
Committees Order, 1957.
(Financial Commissioner's Notification No. 145 D1. 13th November,
1909) processes and Notices issued under the Tenancy Act]
13. Repealed.
14. Processes of arrest not to be issued between certain dates.-
- A revenue officer or revenue court shall not, except for reasons of urgency, to
be recorded, issued any process of arrest against a tenant or against land-
owner who cultivates his own land between the 15' day of April, and the 315'
day of May, or between the 15th day of September and 15th day of November.
THE PUNJAB TENANCY RULES, 1909 65
Rules:- 15 - 16
15. Contents of application for issue of notices of ejectment etc.—
(a) Every application for the issue of a notice of relinquishment, or of in-
tended transfer of a tenancy, or for the issue of notice of ejectment from a
tenancy, shall be accompanied by a true copy of the entries in the last
detailed janiabandi relating to the Khata Khatauni in which the fields to which
the application relates are included.
(b) Where, however, such copy would be irrelevant owing to changes
in tenancy subsequent to the date of preparation of the jamabandi, true
copies of the entries in the last khasra oirdawari relating to the particular
fields to which the application relates shall be substituted, therefor,
Copies filed under (a) or (b) shall be certified as correct under his
own signature by the Patwari or any other official acting under section 76
of the Evidence Act, I of 1872, or Section 151(2) of the Punjab Land Revenue
Act, XVII of 1887.
(Pleaders and Mukhtars) (Financial Commissioner's Noti. No.
145. dt. 131 November. 19091
16. Appearances of Pleaders and Mukhtars in proceedings- be-
fore the Financial Commissioner.— Whereas by Schedule I, Order Ill,
Iclause 4(1), annexed to the Code of Civil Procedure every Pleader is re-
quired to be appointed by an instrument in writing, and by Punjab Gov-
ernment notifications Nos. 728 and 729, dated 1st November, 1887, ev-
ery certificated Mukhtar is required to hold a special power-of-attorney,
and no such Pleader or Mukhtar can be recognised, in the .absence of a
written authority as aforesaid, is empowered to appear; plead, or act for
any person in any proceeding governed by the Punjab Tenancy Act, XVI
of 1887, and the Land Revenue Act, XVII of 1887, and it is expedient to
provide for ascertaining that every such Pleader or Mukhtar is duly
authorised to appear, plead, or act in any such proceeding before the
Financial Commissioner, the following rules are made by the Financial
Commissioner:
(a) Contents of appointments.— Every appointment of a Pleader
and every power-of-attorney to a certified Mukhtar presented to the
court shall contain in full the name of the person or Pleader or
Mukhtar to appear or act on his behalf and shall be executed by
every such person.
(b) Proof of agent's power to act on behalf of his Principal,—
When such 'appointment or power is not executed by the Principal
himself but by some person claiming to appoint or give authority on
THE
PUNJAB PETITION
WRITERS (REVENUE)
RULES, 1982
(Published in Punjab Govt. Gaz. July 23, 1982 at page 6211
Notification
The 15th July, 1982
No. G.S.R. 98/P.A. 16/87/S. 106-A/82: - With reference to
Government of Punjab, Department of Revenue notification No. G.S. 56/P.A.
16/1887/S. 106-N82, dated the 6'h May, 1982 and in exercise of the powers
conferred by sub-section (3) of section 106-A of the Punjab TenancyAct, 1887,
and all other powers enabling him in this behalf, the Financial Commissioner,
Revenue Punjab is pleased to make the following rules namely: -
1. Short title and commencement: - (1) These rules may be called
the Punjab Petition Writers (Revenue) Rules, 1982.
(2) They shall come into force at once.
2. Definitions: - In these rules, unless the context otherwise requires, -
(a) 'petition-writer' means a person who writes petitions while prac-
ticing in a Revenue Court of Revenue Office for the purpose of
presenting same to the Revenue Court or Revenue Office;
(b) 'petition means a document written for the purpose of being
presented to a Revenue Court or a Revenue Officer and includes a
plaint and memorandum of appeal;
(c) 'to practise as a petition writer' means to write petitions for hire,
and includes the writing of a single petition for hire;
(d) 'Form' means a Form appended to these rules;
(e) 'licensee' means a petition writer to whom a license has been
granted or renewed under these rules;
(f) 'Revenue Officer' means the office of a Revenue Officer;
(g) 'recognised agent' means a person who performs the functions
of a recognised agent as described in Order III Rule 2 of the Civil
Procedure Code.
66 THE PUNJAB TENANCY RULES, 1909
Rules:- 17 -18
his behalf, the Pleader or Mukhtar will not be recognised by the
court without proof that such person was duly authorised by the
Principal to execute such appointment or power.
(Applications for Revision Financial Commissioner's
Notification No. 145 dated 13th November. 1909
17.
Contents of applications for revision.— (1) An application that
the Financial-CommissiOner should exercise the powers conferred by
Section 84 of the_Punjab Tenancy Act, 1887, drawn or-supported by an
Advocate or Pleader or by a Revenue Agent admitted to practise in the
Financial Commissioner's Court, shall specify the particular ground on
which the aid of the Financial Commissioner's Court is invoked.
(a) If the ground be that the court which decided the case exer-
cises a jurisdiction not vested in it by law, the application shall set
out clearly the particular exercise of jurisdiction complained of;
(b) If it be that the court which decided the case failed to exercise
a jurisdiction so vested the jurisdiction which ought in the
applicant's opinion, to have, but has not, been exercised, shall be
clearly set out;
(c) If it be that the court acted in the exercise of its jurisdiction with
material irregularity the particular irregularity or irregularities com-
plained of shall be similarly set out.
(ii) The clerk of court is hereby authorized to return for amendment,
within a time to be specifiedi5 an order to be recorded by him on
the application, any application, notdrawn up in conformity with the
foregoing directions.
18.
A tenant exempted from production of certified copies of revenue
records in suits instituted by him under the pre-existing rule 88 inserted by
Punjab Government Notification No. 8722. R- 53/3-Spl., dated 31st Decem-
ber, 1953, shall be similarly exempted from producing such certified cop-
ies in appeals, applications for review or revisions filed or to be filed by him
from orders or decrees passed in such suits. Such copies may be ob-
tained by the Court concerned itself. (Substituted by Punjab Government
Notification No 2439-R-55/1988 dated the 61' July. 1955.1
68
THE PUNJAB PETITION WRITERS (REVENUE) RULES, 1982
Rules:- 3 - 7
3.
Prohibition to Practice as Petition writer without licence: - No
person shall, after the expiry of a period of thirty days from the com-
mencement of these rules, practice as a petition writer in a Revenue
Court or Revenue Office except under and in accordance with the provi-
sions of these rules and the terms and conditions of a licence granted
under these rules:
Provided that an Advocate, a Pleader or recognised agent shall
•
not for the purpose of writing petitions for being presented to Revenue
Court or a Revenue Office shall be required to have a licence under
these rules.
4. Prohibition to receive etitions: -
No petition shall be received
I by a Revenue Court or by a Revenue Officer, unless it is written by the
a petition writer.
person concerned or his recognised agent, or by a legal practitioner or by
5. Number of petition writers:
- The Commissioner of a Division shall
fix the maximum number of persons, who can practice as petitionwriters at
the headquarters of a sub-district, Sub-Division or a District.
6. Licensin Authorit :
- The Collector of a district shall be the Li-
censing Aut ority within his jurisdiction under these rules.
7. Eligibilityfor grant of licence:
- No person shall be eligible for
grant of a licence as a petition writer under these rules, if he—
(i)
has not passed the Matriculation Examination with Punjabi lan-
guage in Gurmukhi script as one of the subjects or Higher Second-
ary Examination or any other examination of an equivalent stan-
dard;
(ii)
does not possess good character and good conduct;
(iii)
has not good handwriting to the satisfaction of the Licensing
Authority;
(iv) is less than eighteen years of age;
(v)
is in the employment of the Government or an local authority or
any legal practitioner;
(vi) is not of sound mind;
(vii)
has been dismissed from the service of Government or of any
local authority; and
(viii)
has been convicted of any offence involving moral turpi-
tude;
THE PUNJAB PETITION WRITERS (REVENUE) RULES, 1982 69
Rules:- 8 - 12
Provided that a person who has been granted licence under rules
framed by the High Court under section 46-A of the Punjab Courts Act,
1918 immediately before the commencement of these rules, shall be
granted a licence under these rules on payment of the fee specified in rule
9 without taking into consideration the above matters
8. Application for licence: - Every person desiring to obtain a licence
under these rules shall make an application to the Licensing Authority in
Form 'A' together with proof of fee as specified in rule 9 having been paid in
the manner indicated in that rule.
9. Fees: - (1) The fees for grant and for renewal of a licence shallte
ten rupees and five rupees respectively.
(2)
The fees specified in sub-rule (1) shall be deposited either in the
Bank through Treasury Challans or be paid by means of Court fee
stamps.
10. Grant of refusal of a 'licence: - (1) On receipt of an application
for the grant of licence, the Licensing Authority may, after taking into
consideration the matters referred to in rule 7, either grant or refuse a
licence.
(2) Where the application for a licence is refused, the reasons for
such refusal shall be recorded in writing and conveyed to the applicant
and the fees paid by the applicant along with the application shall be re-
funded to him.
(3) Where the application for a licence is not refused, the. Licensing
Authority shall grant the applicant a licence in Form 'B'.
11. Period of validity of licence: - Every licence granted under rule
10, shall, unless suspended or cancelled earlier be valid upto the 31st day
of December of the calendar year in which it is granted, and may thereafter
be removed for a further period of one year at a time.
12. Renewal of licence: - (1) Every licencee desiring to get his li-
cence renewed, shall, before the date of expiry of the licence, make an
application for renewal to the Licensing Authority in Form 'C' together with
the proof of fee specified for renewal in rule 9 having been paid in the man-
ner indicated in that rule.
(2)
Where the application for renewal is made within the time specified
in sub-rule (1), the applicant shall, for the purposes of these rules, be
deemed to be a licencee even during the period the application remains
pending with the Licensing Authority.
THE PUNJAB PETITION WRITERS (REVENUE) RULES, 1982 71
Rules:- 17 - 24
17. Seal: - Every licensed petition-writer shall at his own expense pro-
vide himself with a seal, engraved with his name, place of business, li-
cence number and year of grant of licence in the official language of the
State and two true impressions of the seal shall be got deposited with the
Licensing Authority by him by way of record.
18. Registers of etition-writers to be kept: - A register in Form 'D'
shall be maintained by the Licensing Authority wherein the particulars of all
licensed petition-writers of whose licenses have been cancelled for not
practicing over a period of three years, shall be entered.
19. Declaration to be made on the etition: - Every licensed peti-
tion-writer shall record at the foot of every petition writer by him, a declara-
tion, under his signatures that, to the best of his knowledge and belief, the
petition expressed the true meaning of the petitioner and that its contents
have been fully explained to the petitioner.
20. Petition-writer to si n and seal the etition and make certain
endorsements: - Every licensed petition-writer shall sign and seal with
his Official Seal every petition written by him and shall enter on it the num-
ber which it bears in the register maintained by him in Form
'E' and the amount of fee which has been charged for writing it.
21. Employment of other persons to write etitions:
- A licensed
petition-writer shall not dictate a petition to or cause a petition to be written
by a person who is not a licensed petition-writer nor shall he employ any
22. Not to act as recognised a ent: - A licensed petition-writer sha
not act as recognised agent in any case in Revenue Court or Revenuell
Office, except in a case in which he is himself a party.
23. Not to engage in trade or business: - No licensed writer shall engage himself in any other trade or business without
petition
the previous permission in writing of the Financial Commissioner, Rev-
enue, Punjab.
24. Production of licence for ins ection: - (1) Every licensed peti-
tion-writer shall, on demand, produce his licence for the inspection of the
Licensing Authority or any other Officer authorised by it in this behalf.
(2)
If the licensed petition-writer refuses to produce his license at the
time of the inspection, the Licensing Authority may, by an order, suspend
the licence and on such suspension the petition-writer shall not practise,
till the suspension is revoked.
person who is not a licensed petition-writer to write petitions for
70
THE PUNJAB PETITION WRITERS (REVENUE) RULES, 1982
Rules:- 13 - 16
[(3) If the application for renewal is not made within the period of three
months from the date of expiry of the licence, a penalty of rupees two for each
month or part thereof for delay shall be charge.] [Substituted vide P.G. Noti-
fication No. G.S.R. 33/PA/16/1887/S. 106-A/Amd(I)/96 dated 2.4.1996.]
13. Licence lost or damaged: - (1) If the licence of a petition writer
granted to him under rules is lost or damaged, he may apply to the Licens-
ing Authority for a duplicate licence.
(2) The application for a duplicate licence shall be made in writing and
shall be presented by the applicant in person. The Licensing Authority, if
satisfied that the previous licence has been lost or damaged, shall, on
payment by the applicant a fee of five rupees, cause a fresh licence to be
issued in the same form and bearing the same date as the lost or dam-
aged licence, and shall cause the word 'duplicate licence' to be enfaced
thereon with the date of issue, and shall sign such enforcement.
14. Conditions on which licence remains in force: -A licence granted
to a petition-writer under these rules authorises him to practise as a peti-
tion-writer, subject to these rules, according to its tenure and it continues
in force until—
(i) its operation is suspended or cancelled by an order made under
rule 26 or the petition-writer enters the service of Government, Lo-
cal Authority or of a legal practitioner; or
(ii) the petitioner-writer is debarred from practising as petition-writer.
15. Shifting of place of business by the licensee: - No licensed
petition writer shall shift his place of business except by permission, —
(i) of the Collector of the district concerned from one Sub-Division
to another sub-Division in the same District.
(ii) of the Commissioner of the division concerned from one district
to another district within the same Division; and
(iii) of the Financial Commissioner, Revenue, Punjab, from one
Division to another Division.
16. Manner of writing petition by a licensed petition-writer: - Ev-
ery licenced petition-writer in writing a petition shall confine himself to ex-
pression in plain and simple language, such as the petitioner can under-.
stand, and in concise and proper form the statements and objects of the
petitioner shall be referred therein and shall not introduce any argument or
quotation from a Law Report or other Law Book, or refer to any decision
not brought to his notice by the petitioner.
72 THE PUNJAB PETITION WRITERS (REVENUE) RULES, 1982
Rules:- 25 - 28
25. Fee charges for writing petitions: - (1) No licensed petition-writer
shall charge fees for writing petitions in excess of those shown in the
Schedule appended to these rules.
(2) A copy of the Schedule referred to in sub-rule (1) shall be exhibited
at a conspicuous place at the headquarters of sub-district, every sub-divi-
sion and district.
(3) A copy of the said Schedule shall also be exhibited conspicuously
by each petition-writer at the place where he carries on his business.
(4) The petition-writer shall issue a receipt for the amount of fee charged
by him for writing the petition.
26. Suspension or cancellation of licence: - The licence of a peti-
tion-writer, who—
(i) writes petitions contrary to these rules;
(ii) incorporates objectionable matter in the petition;
(iii) uses disrespectful, insulting or abusive language during the
course of his business;
(iv) is found to be incapable or inefficient of discharging the func-
tions;
(v) is declared insolvent by a competent court;
(vi) is convicted of criminal offence involving moral turpitude;
(vii) charges fees in excess of that specified in the Schedule ap-
pended to these rules;
(viii) is found unfit to practise as a petition-writer by reason of his
fraudulent or improper conduct; or
(ix) does not comply with the directions given under these rules;
shall, in addition to any penalty which may be imposed under these
rules, be liable to be suspended cr cancelled by the Licensing Authority.
27. Surrender of licence: - Every licensed petition-writer-
(i) whose licence is suspended or cancelled under these rules; or
(ii) who enters the service of the Government, a local authority or a
legal practitioner;
shall forthwith surrender his licence to the licensing Authority.
28.f. Rules for practice: - No licensed petition-writer shall practise-
(i) contrary to the terms of his licence;
THE PUNJAB PETITION WRITERS (REVENUE) RULES, 1982 73
Rules:- 29 - 32
(ii) in any Revenue Court or Revenue Office, in which he has been
forbidden to practise;
(iii) after his licence has been or should have been surrendered
under these rules; or
(iv) while his licence is suspended on cancelled or he is debarred
from practicing in the Revenue Court or Revenue Office.
29. Order to re-write a petition: - Any Revenue Court or Revenue
Officer may order a licensed petition-writer to re-write any petition which
contravenes rule 16 or is illegible, obscure, or prefix or contains any irrel-
evant matter, or misquotation or is, from any other cause in the opinion of
such Court or Officer informal or otherwise, objectionable.
30. Striking off the name from register: - The name of the licensed
petition-writer, who does not get his license renewed for a continuous pe-
riod of three years after the expiry of the duration for which it was originally
granted or subsequently renewed shall be struck off the register main-
tained by the Licensing Authority under rule 18:
Provided that the petition-writer whose name has been struck off
the register may apply for the grant of a fresh licence in accordance with
these rules.
31. Name of the petition-writer whose licence has been sus-
pended to be posted at a conspicuous place: - The name of the peti-
tion-writer whose licence is suspended or cancelled shall be posted at a
conspicuous place of the concerned Revenue Court and Revenue Office.
32. Order prohibiting practice: - (1) The Presiding Officer of a Rev-
enue Court or a Revenue Office, may for any sufficient reasons to be re-
corded, in writing prohibit any petition-writer to practise in his court or of-
fice, as the case may be:
Provided that if the order of prohibition is made by an authority lower in
rank to the Financial Commissioner, Revenue, Punjab, a reference in this behalf
would be.made to him for his orders and his orders in the matter shall be final.
(2) Every order of prohibition to practise passed under sub-rule (1)
shall be communicated to the concerned Licensing authority who shall
endorse the substance and date of the order so passed on the licence
under his own signatures.
(3) Any other order, in addition to the orders referred to in sub-rule (1),
passed under these rules shall be dealt with in the manner indicated in
sub-rule (2).
74 THE PUNJAB PETITION WRITERS (REVENUE) RULES, 1982
Rules:- 33- 35 & Forms (A)
33. Coon_ izalice: - The Licensing Authority may take cognizance of
the breach of these rules either of his own motion or on the report or
complaint of the Presiding Officer of the Revenue Court or of the Rev-
enue Office and it may, after such enquiry as is considered necessary by
an order impose on the defaulter a penalty of the amount not exceeding
fifty rupees:
Provided that no order shall be passed against any person without
affording a reasonable opportunity of being heard.
34. Appeal: -Any person aggrieved of any order made by the Licens-
ing Authority under rules 10, 24, 26 or 33 may appeal to Financial Commis-
sioner, Revenue, Punjab, whose orders, in this behalf, shall be final.
35. Review: - The Financial Commissioner, Revenue, Punjab, may, at
any time tall for the record of any order passed by the Licensing Authority
under these rules and pass such order as he deems fit in this behalf.
FORM - 'A'
(See rule 8)
Application Form for licence
To
The Collector,
Subject:
-Application for the grant of a licence to practise as a petition-writer.
Sir,
As I want to practise as a petition-writer in your court/premises. I request
that I may be granted a licence for the same in terms of the provisions of the Punjab
Petition-Writers (Revenue) Rules, 1982. I fulfil the requisite qualification laid down
for the petition-writers in the Punjab Petition Writers (Revenue) Rules, 1982.
My place of business shall be at
Yours faithfully,
Copies of the requisite certificates are enclosed:
,1.
2.
3.
4.
5,
THE PUNJAB PETITION WRITERS (REVENUE) RULES, 1982 75
Forms :- B - C
FORM -
(See rule 101
Form of licence for a petition-writer
In the court of
Certified that son of
resident of has this day
been licensed as a petition-writer of the
and is hereby permitted to practise as such in the manner specified in the Punjab
Petition Writers (Revenue) Rules, 1982 and subject to the provisions of the said
rules till the 31$' day of December, 198,
Given under hand and the seal of this court, this day of
198.
Collector
FORM - 'C'
(See rule 12)
Application Form for Renewal of Licence
To
The Collector,
Subject: -Application for the renewal of licence.
Sir,
The period of one year for the grant/renewal of my licence expires on
. I, therefore, request that my licence to practise as a
petition-writer may kindly be renewed for another one year.
I have deposited the requisite fee for renewal of licence in the State Bank
of Indian.on and a copy of the Challan is attached. I have paid
the requisite fee for the renewal of licence by means of court fee stamps (delete
whichever is not applicable).
Yours faithfully,
Date Name
Address
Licence No.
THE PUNJAB PETITION WRITERS (REVENUE) RULES, 1982 77
Form:- E & SCHEDULE
FORM 'E'
(See rule 20)
Register to be maintained by every licensed petition-writer
Serial No. of petition
2. Date on which petition was written
3. Name, parentage, caste and residence of the person at whose instance
the petition was written
4. Description of the petition
5. Brief abstract of contents of the petition
5. Value of court fee labels affixed to the petition
7. Fee charged for writing the petition
8. Remarks
Signature of petition-writer
Signature or thumb-impression of the petitioner
SCHEDULE
[Schedule substituted vide P.G. Notification No. G.S.R. 51/PA
16/1887/S. 106A/Amd(2)/98 dated 3.71998 Published in Pb. Govt. Gaz.
(Extra) L.S. Part Ill dated 10.7.1998]
(See Rule 25)
Sr. No. Nature of document Scale of fee
CATEGORY-I
Rs.
1. Application for copy 2.00
2. Copy of Plaint 2.00
3. Application for delivery of possession
and restoration
2.00
4. Application for revision of fine 2.00
5. Application for lambardari 2.00
6. Application for publicity 2.00
7. Application for Chaukidari
8. Affidavit
2.00
2.00
9. Fard, Talbana and Warrant 2.00
10. Index of documents 2.00
11. Form of address of plaintiff/defendant
or respondent 2.00
76
THE PUNJAB PETITION WRITERS (REVENUE) RULES, 1982
Form :- D
FORM `D'
See rule 18
Re ister of etition-writers to be maintained b the Collector of the
District.
Name of petition-writer
Father's name
Residence
Date of grant of licence/renewal of licence
Authority granting licence
Note. 1: - One or more pages to be set apart for each petition-
writer.
Note. 2: - On the rest of page will be entered in chronological or-
der-
(i) the date of and authority for the grant of every duplicate licence
under rule 13 of the Punjab Petition-Writers (Revenue) Rules, 1982
(hereinafter referred to as the said rules);
(ii) the date of and authority for every shifting of place of business
under rule 15 of the said rules;
(iii) the date of each annual inspection of licence under rule 24 of
the said rules;
(iv) the date and nature of every penalty imposed under section
106-A of Punjab Tenancy Act, 1887;
v) the date and substance of every order passed under the said
rules;
(vi) a copy of every endorsement made on the licence; and
(vii) date on which the name of the petition-writer was struck off
due to the petition-writer having lefty the practice for over three
years as provided under rule 30 of the said rules,
Pages of Register
Register No.
78 THE PUNJAB PETITION WRITERS (REVENUE) RULES, 1982 THE PUNJAB PETITION WRITERS (REVENUE) RULES, 1982 79
JI
12. List of witnesses 2.00
13. Receipt of case and property 2.00
14. Copy of complaint
2.00
15. Receipt of possession of immoveable
property 2.00
16. Application for permission to dispose
of immovable property of minor 2.00
17. Process fee 2.00
. Sr. No. Nature of document . Scale of fee
CATEGORY- II
18. Application for production of witnesless 5.00
19. Application for stay of execution
proceedings 5.00
20. Application for grant of temporary
injunction 5.00
21. Application for grant of succession
certificate or probate or letter of
administration 5.00
22. Application for execution of decree 5.00
23. Application for final decree 5.00
24. Application for amendment of decree 5.00
25. Application under the InsolvencyAct 5.00
26. Application for setting aside ex parte
proceedings 5.00
27. Notice 5.00
28. Reply of notice 5.00
29, Deed of compromise 5.00
30. Power of Attorney 5.00
31. Application for restoration of suit or
appeal dismissed in default 5.00
32. Objection petition under Order XXI rule
58 C.P.C. 5.00
33. Application under Order XXI Rule 66
C.P.C. 5.00
-34. Application for stay of proceedings
for realisation of fine 5.00
35. Application under Indian Lunacy Act,
with copies 5.00
36. Security Bond 5.00
37. Personal Bond 5.00
38. Application for demarcation 5.00
39. Application for correction of Khasra
girdawari
5.00
40. Notice for ejectment
5.00
41. Application for redemption 5.00
42. Application for proclaMation 5.00
43. Application for recovery of rent I Under the Punjab
(Form M) , I Security of Land
44. Notice for deposit of rent I Tenures Rules,
(Form N) 1956.
45. Notice to landowner to accept
the rent (Form R) . 5.00
Sr. No. Nature of document Scale of fee
CATEGORY-III
46. Written statement or replication 10.00
47. Application for eviction or fixation of
fair rent 10.00
48. Application for transfer of case 10.00
49. List of reliance 10.00
50. Complaint 10.00
51. Revision Petition 10.00
52. Review Petition 10.00
53. Application for permission to sue or appeal
in forma pauperis, with list of property 10.00
54. Application under Hindu Marriage Act
or Special Marriage Act with copies 10.00
55. Appeal (Reyenue) 10.00 '
56, Deed of Agreement 10.00
57. Application for deposit of rent 10.00
Sr. No. Nature of document Scale of fee
CATEGORY - IV
58. Suit application/plaint 15.00
59. Partition suit 15.00
60. Application for purchase of land
Under the Purijab
(Form Q)
Security of Land
Tenures Rules,
61. Application for ejectment, 1956
(Form L)
62. Application for dispossession of
tenant by small landowner
(Form K-1)
63. Suit for recovery of rent 15.00
64. Miscellaneous application not included
in the foregoing items
5.001
SCHEDULE SCHEDULE
THE PUNJAB
OCCUPANCY TENANTS
(VESTING OF
PROPRIETARY RIGHTS)
ACT, 1952
[Punjab Act No. 8 of 1953]
Received the assent of the President on the 14th April, 1953, and
was first published in the Punjab Government Gazette, (Extraordinary), of
the 15th April, 1953.
List of Amending Acts
1. Amended by Punjab Act 13 of 1955
2. Amended by Punjab Act 31 of 1958
3. Amended by Punjab Act 29 of 1959
An Act to vest proprietary rights in occupancy tenants and to
provide for payment of compensation to the landlords whose rights
are extinguished and for certain consequential and incidental matters.
Case Law
Punjab Tenancy Act, 1887—Section 77(3)(d)—Question to be examined is if civil
court has a jurisdiction to declare a tenant as occupancy Tenant, even though
section 77(3)(d) of the Tenancy Act, contemplates that a suit by a tenant to establish
a right to occupancy falls within the exclusive jurisdiction of Revenue Court—With
the advent of the 1952 Act, the occupancy rights ceased to exist, and statutory
ownership created in lieu thereof, a suit for occupancy rights would be wholly
meaningless- -Civil court has a jurisdiction to entertain a suit of declaration of
ownership.; Dharam Singh (deceased) L.Rs. and others v. Bhagwan Singh
and others : 2005(3) Land L.R. (Pb. & Hry.) 172
Punjab TenancyAct, 1887—Section 77(3)(d)—Jurisdiction of Civil Court and Revenue
Court—Whether after coming in force of vesting act, Civil Court would have exclusive.
Jurisdiction ? (YES)— Held, After coming into force of the Vesting Act, the Civil
Court alone would have the jurisdiction to determine the dispute envisaged in Section
77(3)(d) of the Act and the jurisdiction of the revenue Court would be barred—Civil
suit would lie with respect to both the categories of occupancy tenants envisaged
in Section 2(f) of the Vesting Act.; Shiv Charan v. Commissioner, Haryana and
others : 2005(3) Land L.R. (Pb. & Hry.) (FB) 326
THE PUNJAB OCCUPANCY TENANTS (VESTING OF PROPERIETARY RIGHTS) ACT, 1952 81
Section:- 1
1. Short title, extent and commencement r—(1) This Act may be
called the Punjab Occupancy Tenants (Vesting of Proprietary Rights)
Act, 1952.
(2) It extends to the whole of the State of Punjab.
(3) It shall be deemed to have come into force on the 15th day of
June, 1952.
Statement of objects and Reasons.—In March, 1949, a Land
Reforms Committee was appointed by Government to examine the tenancy
legislation in force in this State and to suggest ways and means to ameliorate
the economic condition of tenants. One of the recommendations of that
Committee was that the occupancy tenants should be given proprietary
rights in their tenancies on payment of suitable compensation of the land-
lords. The Committee was of the view that conferment of proprietary rights
in the land on the actual tiller of the soil was in conformity with modern
trends of thought. The Committee also felt that because of the tension
prevailing between occupancy tenants and their landlord neither the tenant
nor the landlord was in a position to develop the land to its utmost. As the
State Legislature was suspended, the President of the Union enacted the
Punjab Occupancy Tenants (Vesting of Proprietary Rights) Act, 1951
(President's Act No. VIII of 1951). In order to give effect to the
recommendations made by the Land Reforms Committee. It came into
force from 15th June, 1952.
2. Under the Act as enacted by the President all rights of landlord's in
the land held by occupancy tenants, whether at present or in future, are to
be extinguished and these will pass to the occupancy tenants on payment
of such compensation for acquisition of these rights as may be determined
under the Act. In brief the Act aims at converting all occupancy tenants into
proprietors of their tenancies. The evacuee property has, however, been
exempted from the provisions of this Act because there has been no final
agreement with Pakistan regarding it and the land left by displaced per-
sons in Pakistan.
3. Now that the State Legislature is in session the Act is being re-
enacted under Article 375(2) of the Constitution of India. The Act has been
slightly modified now so as to enable the occupancy tenants to acquire
proprietary rights in the Shamilat land also". (Punjab Govt. Gazette Ex-
traordinary, dated 1.10.1952, P, 1061-1062)
Respondents have filed application under Section 4 of the Punjab
Tenancy (Vesting of Proprietary Rights) Act which is irrelevant as the act is
not applicable to Pepsu—Application has rightly been treated an application
ii
82 THE PUNJAB OCCUPANCY TENANTS (VESTING OF PROPERIETARY RIGHTS) ACT, 1952
Section:- 2
under Pepsu Tenancy (vesting of Proprietary Rights) Act and upheld the
final order Of Collector, Ratiala dated 12.1.1988 whereby the changed
mutation was rejected—A$ for Punjab Tenancy Act, the Government is
not a person, which'Word includes rha:n, woman Or any living human
being---Or is not a landlord as againSt'occUpanay terierit—And as the
occOpancy tenant failed-to adduce any proof in that respect, he was •
eligible to eviction—pLinjab Tenancy Act, 1887; Munteilini. Comrnittea,
P-atiala-rt-Sh. jaiiner'Singh'..failjee : 1997(1) ALL INDIA
LAND LAWS REPORTER tp&,243:y.g.ao_.:-
2.
Definitions.-- in this Act, unless the context otherwise requires:-
(a) "Appointed day" means-
(i)
in relation to any renant who, immediately before the commence-
ment of this Act, is recorded as an O'ccupancy tenant of any land in
the revenue records, on the 15th day of JUrie, 1952.
(ii)
in relation to any tenant who obtains a right of occupancy in any
land after the commencement of'this Act, the date on which he
obtains such right of occupancy;'
(b)
"Collector" means the Collector of the district in which the land,
in respect of which proprietary rights are vested in an ocoUpancy
tenant under this Act is situate; and includes any officer not beiow
the
of an Assietant ColleetO1 of the-tiiit'ai-kfreilieCiallieni-:
powered by the State Government to- Perfonn the dtitie'i of a COI-
lector under this Act; '7' ' •
(c)
"Commissioner" and "Financial Commissioner" have the mean-
ings, respectivelY'assbned to them under the Punjab Land Rev-
enue Act; XVII of 1887"(Punjab Act, XVII of 1887);
(d) "land'', "land revenue and "rent" have the meanings respec-
tively assigned to them in the Fimjab *Tenancy Act, XVI of '1887. (Punjab Act XVI of 1887);
(e) "landlord" means a person under whom an occupancy tenant
holds land and to whom the occupancy tenant is, or but for special
contract would be, liable to pay rent for that land, and includes the
predecessors and successors in interest of a landlord and shall for
the putpcises of section 4 includes the Mortgagee:
(f)
'occupancy tenant" means a tenant who, immediately before
the commencement or this Act, is recorded as an occupancy ten-
ant in the revenue records and inaludee a tenant who, after such
commencement, obtains a right of oocuparidY in respect of the
7-
THE PUNJAB OCCUPANCY TENANTS (VESTING OF PROPERIETARY RIGHTS) ACT, 1952 83
Section:- 3
land held by him whether by agreement with the landlord or
through a court Of competent juriedictiOn or otherwiSe; and in-
cludes elk, the PredecessorS and successors in interest'of an
occupancy tenant.
Case Law
Sections 2(a), 2(f)and 3—The Punjab Tenancy Act, 1887, Section 77(3)(d)—
Occupancy Rignts--zAOquisiiion of - Granted by Revenue CoUrt—Held—After coming-in force bf Act Oil 952,revenue courts were not competent to decide the question-and every tenant claiMing occupancy rights automatically became owner
of the land by operation of law-Impugnedordera set aside.; Surinder Kumat v.
V.P. Johahr, Financial Commissioner, Haryana : 2002(3) ALL INDIA LAND
LAWS REPORTER (P&H) 676
3. Vesting of proprietary rights in occupancy tenants and extin-
guishment of. Corresponding -rights of landlords. Notwithstanding
anYthing-tathe contrary contained irrany law; custom or usage for the time
being in force, on and from the appointed day-
(a) all rights, title and interest (including the contingent interest; if
any -recognized-byany law, custom or usage fot the time bein in
force antiincluding the share in the Shamilat deh with respell to
the land concerned) of #ielarid held under him by an
occupancy tenant: shall be extinguished, and such rights, title and
interest shall be deetned to vest in the occupancy tenant free from
all encumbrances; if any, created bythe 'landlord:
Provided that the occupancy tenant shall have the option not to
acquire the share in the Shamilat deh'by giving a notice in Writing to the
Collector within six months ofthe publication' f thitAct or from the date of
his obtaining occupancy rights whichever is later;
(b) the landlord shall cease to have any right to collect or receive
any rerit.or any share of the land revenue in respect of such land
and his liability to pay land revenue in respect .Of the land shall
also cease;
(c) the occupancy tenant shall pay direct to the Government the
land revenue accruing-due in respect of the:land;
(d) the occupancy tenant shall be liable to pay, and the landlord
concerned shall be entitled to receive and:be paid, such compen-
sation as may be determined undet this Act.
Case Law
Section
3—Regular Second Appeal—Concurrent findings of fact— Both the Courts
150I-ow hold that on appointed day the plaintiffs have been found to be in possession
84 THE PUNJAB OCCUPANCY TENANTS (VESTING OF PROPERIETARY RIGHTS) ACT, 1952
Section:- 4
of the suit land as occupancy tenants--No interference would be warranted. ; Deep
Chand & Ors. v. Yed Ram & Ors.: 2006(1 )ALL INDIA LAND LAWS REPORTER
(Pb. & Hry.) 48
Section 3—Vesting of proprietary rights in occupancy tenants and extinguished of
corresponding rights of land lords—Neither the appellants nor their predecessors
were recorded as occupancy tenants in the revenue records, An immediately
before the commencement, of the Proprietary Rights Act—Nor did they obtain a
right of occupancy in respect of the said land either by agreement with the landlord
or through a court of competent jurisdiction or otherwise after-the-commencement
of the Act— Effect of—Held, The appellants, therefore, do not answer the definition
of 'occupancy tenant' under the Act—They cannot derive any benefit under Section
3 of the Act—Suit is based on title—Title is not made out. Appeal dismissed.;
Puran & Ors. v. Gram Panchayat, Faridabad : 2006(2) ALL INDIA LAND
LAWS REPORTER (Supreme Court) 319
Section 3—Punjab TenancyAct, 1887, Sections 5 and 8—Punjab Village Common
Lands (Regulations) Act, 1961, Section 4, & 4(3)—Vesting of Rights in Panchayats
and non proprietors—Appellants had not accorded a status similar to occupancy
tenants by custom or otherwise (though not recorded as occupancy tenants in
the revenue record), such as Dholidars, Bhomidars, Butimars, Basikhuophaus,
Saunjidars and Mugararidars-Appellants were not mortgagees in favour of whom,
the land was mortgaged with possession—The Panchayat had vested right in the
land in dispute. Held, Section 4(3) will be attracted only if the following 3 conditions
are satisfied :-
i) the person must be cultivating land which is part of Shamlat deh of village
ii) he should be cultivating such land for a period of 12 years immediately preceeding
the commencement of the Act; and
iii) he should be cultivating such land without payment of charges in excess of the
land revenue and cess. ; Puran & Ors. v. Gram Panchayat, Faridabad :
2006(2) ALL INDIA LAND LAWS REPORTER (Supreme Court) 319
4. Determination of compensation payable to landlord.—Any land-
lord whose ghts have been extinguished under section 3 may, within twelve
months from the appointed day, apply to the Collector, in such form as
may be prescribed for the determination of the amount of compensation
payable to him by the occupancy tenant:
Provided that the Collector may entertain the application after
the expiry of the said period of twelve months if he is satisfied that
the applicant was prevented by sufficient cause from filing the
application in time.
(2) On receipt of an application under sub-section (1), the Collector
shall issue notice to the parties concerned and after giving the parties an
opportunity of being heard and after making such inquiry as may be pre-
THE PUNJAB OCCUPANCY TENANTS (VESTING OF PROPERIETARY RIGHTS) ACT, 1952 85
Section:- 5
scribed, shall make an award determining the amount of compensation
payable by the occupancy tenant to the landlord in accordance with the
provisions of section 5.
(3) Where there is any dispute as to the person or persons who are
entitled to the compensation, the Collector shall decide such dispute and if
the Collector finds that more than one person is entitled to compensation,
he shall apportion the amount thereof amongst such persons.
(4) Where the compensation is payable to a minor or to a person hav-
ing a limited interest the Collector may make such arrangements as may
be equitable having regard to the interest of the minor, the parties con-
cerned and their reversioners.
5. Principles of compensation.— The amount of compensation
payable to the landlord under this Act shall be determined in the man-
ner and in accordance with the principles hereinafter set out, that is
to say:-
(a) Where the rent payable by the occupancy tenant is expressed
in terms of the land revenue in respect of the land, the amount Of
compensation shall:-
(i) if the right of occupancy has been obtained on any of the grounds
specified in section 5 of the Punjab TenancyAct, 1887 (XVI of 1887),
(Punjab Act XVI of 1887), be equal to the annual rent (exclusive of
land revenue and cesses) plus one anna for every rupee of the
annual land revenue multiplied in each case by twenty;
(ii) in any other case, be equal to the annual rent (exclusive of land
revenue and cesses) plus two annas for every rupee of the annual
land revenue multiplied in each case by twenty-five;
Illustration (B). If the annual rent (exclusive of land revenue and
cesses) is RS. 50 and the land revenue payable annually,is Rs.
160, then, in a case coming under clause (ii), the amounteCom-
pensation will be (Rs.50+Rs.20)x25=Rs. 1,750.
(b) Where the rent payable by the occupancy tenan/. is not any !),
expressed in terms of the land revenue in respect of the land, [and
subject to the condition that it shall in no case exceefl 6 quarter of
the market value of the land], the amount of compel*. ation shall,-
(i) if the rent is paid in cash, whether as a fixed amount or at a fixed
rate with reference to the area of the land, be equal to twenty times
the average annual rent in respect of the land;
86 THE PUNJAB OCCUPANCY TENANTS (VESTING OF PROPERIETARY RIGHTS) ACT, 1952
Sections:- 6 - 7
(ii) if the rent is paid by a division or appraisement of the produce on
the basis of batai, bear the same proportion to average market value
of the land as the landlord's share of the produce bears to entire
produce of the land;
[--] [The Proviso omitted by Punjab Act 13 of 1955] ;
001 theientis_paicl,partly_in,cash (whethecas.alixecLamount or at
a fixed rate with reference to the area of the' land) and partly as a
share-o-itheiaroduce, be equal to twenty times the average annual
rent in respect of the land;
[--] [The proviso omitted by Punjab Act 13 of 1955];
(iv) [if in cases falling under sub-claUses (i) and (iii) It is not pos-
sible to determine the average annual rent, be one-fourth of the
average market value of the land] [Sub-clause (iv) added by Punjab
Act 29 of 1959, Section 2].
Explanation.— For the purpose of determining the average market value
of the land or average annual rent under this clause, the average of the
market value of the land, or as the case may be, of the rent paid or payable,
and in any case where rent is a share of the produce the average of the
price of the produce, during a period of fifteen years commencing from the
1st day of June, 1935, shall be taken into account.
(c) where the share in the Shamilat Deh has also vested in the
occupancy tenant, the amount of compensation for it shall be equal
to five times the land revenue.
6. Payment of Compensation.— The compensation awarded un-
der this Act shall either be paid in cash or be deposited with Collector
by the occupancy tenant within a period of three months of the date of
the award; -
Provided that the Collector may, having regard to the amount of
compensation or for other reasons and after recording his reasons for so
doing, allow the occupancy tenant' to pay `:he compensation in such six
monthly instalments, not exceeding in any case six years, as he thinks fit.
(2) Where the occupancy tenant makes a default in the payment of
compensation in accordance with the terms of the award, the amount due
may be recoVered in the same manner as an arrear of land revenue.
7. Appeal, review and revision.— (1) An appeal shall lie from-
(a) any award or order made by the Collector, to the Commissioner;
and
THE PUNJAB OCCUPANCY TENANTS (VESTING OF PROPERIETARY RIGHTS) ACT, 1952 87
Section:- 8
(b) any order of the Commissioner, to the Financial Commissioner,.
Provided that when an original award or order is confirmed on first
appeal, a further appeal shall not lie.
(2) The Collector, the Commissioner or the Financial Commissioner
may, eitherof his own motion or on the application made within ninety days
of the party interested, review and on such review, modify, reverse or con-
firm any order passed by himself or by any of his predecessors in office;
and such power shall be exercised subject to the provisions, so far as they
may be applicable of section 82 of the Punjab Tenancy Act, 1887 (Punjab
Act XVI of 1887).
(3) With respect to all matters dealt with under this Act, the Finan-
cial Commissioner shall have the same power to call for to examine
and revise the proceedings of the Collector or the Commissioner as
provided in section 84 of the Punjab Tenancy Act, 1887 (Punjab Act
XVI of 1887).
(4) The period of limitation for an appeal under this section shall run
from the date of the award or order appealed against and shall be as
follows:-
(a) when the appeal lies to the. Commissioner... sixty days,
(b) when the appeal lies to the Financial Commissioner.... Ninety
days.
(5) In computing the period for an appeal from an award or order under
this Act, the Indian Limitation Act, 1908 (IX of 1908), shall apply.
(6) For the purposes of this Act, the Collector, the Commissioner and
the Financial Commissioner may, in so far as may be necessary or expe-
dient to do so, exercise all the powers of a revenue officer or a revenue
court as the case may be under the Punjab TenancyAct, 1887 (PunjabAct,
XVI of 1887).
8. Certain mortgages and charges not enforceable against land
held by occupancy tenants.— Notwithstanding anything contained in any
contract or in any law for the time being in force, no claim or liability,, whether
under and decree or order of a civil court or otherWise-enforceable against
a landlord for any money which is charged an or is secured by a mort
gagee of, any land held under him by an occupancy tenant, shall be en:-
forceable against the land, and every such claim or liability shall be deemed
to be a charge on the compensation payable to the landlord respect of
such land. -
88 THE PUNJAB OCCUPANCY TENANTS (VESTING OF PROPERIETARY RIGHTS) ACT, 1952
Sections:- 9 - 10
[9.
Act not to a I to evacuee ro art (1) Nothing in this Act shall apply to evacuee property as defined in the Administration of
Evacuee Property Act, (1950 XXI of 1950).] [Substituted by Punjab Act No. 31 of 1958]
(2)
Notwithstanding anything contained in sub-sedtion (1) the
apply
pro- visions
to- of this Act shall subject to the prOvisions of sub-section (3)
--(a)-a-pers on WHO-, after the the comMencement of this Act, olotains_a
- .
•
right of occupanc-y-from-the-Carrar-GOVdrnment under the Dis-
placed Persons (Compensation and Rehabilitation) Act, 1954 (44
of 1954); and
(b) an;occupancy tenant or'a landlord who is an evacuee as de- ,
fined in clause (d) of section 2 of the Administration of Evacuee
Property Act, 1950 (XXI of 1950).
(3)
For the purposes of section 3 and sub-section (1) of section 4, the
appointed date in relation to a person referred to in sub-section (2), shall
notwithstanding anything to the contrary, contained in this Act or in any
Judgment, decree or order of any court, be,-
(a) in the case of a person who obtains a .right of occupancy
from the Central Government after the commencement of the
Punjab Occupancy Tenants (Vesting of Proprietary Rights)
(Amendment) Ordinance, 1958, the date on which such right is obtained; and
(ii) in any other case,
the date of commencement of Punjab Occu-pancy
Tenants (Vesting of Proprietary Rights) (Amendment) Ordi-nance, 1958]
10,
Bar of Jurisdiction.-- Save as, otherwise expreSsly provided in this Act, ;7317
;777rCler made ‘by the :Collector; Commissioner or Financial Commissioner shall be final, and no proceeding or order taken or
officer or authority
made under this Act, shall be called in
question by any court or before any
Case Law
Siction 10—Sikh GurdwaraAct, 1925—Secions 10(3) and 78- Transfer oiProperty
,
Act, 1882-Section 4l-Appellants,
subsequent purchasers of land from respondents 23- Suit was
filed for declarations of title-Property in dispute originally belonged to
J., and occupancy tenant-Rights then devolved on respondents 2 and 3 through B who was father of
respondent 2 and husband of respondent 3-8y virtue of Occupancy Tenants Act; they becarneabsoluteowners
and hence the suit for title-There are documents to show that suit property
was included in the list of properties.in the
THE PUNJAB OCCUPANCY TENANTS (VESTING OF PROPERIETARY RIGHTS) ACT, 1952 89
Sections:- 11 - 12
notification dated 19.2.1932— Property had vested in the Gurdwara as per Section
10(3) of the Gurdwara Act under which notification was issued—Since property
vested in Gurdwara and Respondnets 2 and 3 were in cultivating possession, no
title could be conferred by them on the appellants in respects of suit properties—
Appeal without merit is liable to be dismissed.; Dalip Singh and Ors. v. Sikh
Gurdwara Prabhandhak Committee and Ors.: 2004(1) ALL 'INDIA LAND LAWS
REPORTER (Supreme. Court) 331
Section10—Occupancylenants--With the enforcement of 1953 Act, plaintiffs,
occupancy tenantsi-claim ownership rights as per provisions of S.3 of the jurisdiction
to try the suit—Plaintiffs prayer is based on the nature of tenancy—Whether plaintiffs
were occupancy tenants on the relevant date is the question—Which could be
decided only under the Punjab Tenancy Act, 1887—S. 77(3) (d)—Such a decision,
if in the affirmative would entitle the plaintiffs to enlargement of their occupancy
tenants rights into proprietary rights---And it is the revenue Court alone which can
go into the question—Civil not has not jurisdiction—Trial Court directed to return
the plaint to plaintiffs for presentation to the Revenue Court Punjab Tenancy Act,
1887 S. 77(3) (d); Ornkar Singh v,. Nirmal : 2001(1) ALL INDIA LAND LAWS REPORTER (Pb. & Hry.)208
Section 10—Occupancy tenant or tenant—Nature of tenancy is to confer the right
of ownership over the land in Oultivating possession—And nature of tenancy is to
be decided by the Revenue Authorities or Revenue Court—Jurisdiction of the Civil
Court is barred in unambiguous terms—VVhen lawconfers jurisdiction on a Tribunal
and attaches finality to its orders/findings, no other forum will have jurisdiction even
for appeals; Jiwan v. Ram Sarup (Died) through his LRs. : 1999(4) ALL INDIA
LAND LAWS REPORTER (Pb. & Hry.) 537
Section 10—Typographical mistake cannot adversely affect the rights of the
appellant—Remedy is to approach the same.Court which' passed the said order
for rectification of the mistake—Only that Court can rectify it, such is the provision
in S. 152 of C.P.C.—Accidental slip, clerical or typographical mistake can be
corrected in that manner alone—Civil Procedure Code 1908—S. 152 ; Jiwan v.
Ram Sarup (Died) through his LRs. : 1999(4) 'ALL INDIA LAND LAWS
REPORTER (P.b. & Hry.) 537 •
11. Bar to legal proceedings.- No prosecution, suit or other legal pro-
ceeding shall lie against the State Government or any officer or authority
for anything which is in good faith done or intended to be done in pursu-
ance of this Act or of any rules made thereunder.
12: Power to make rules.- (1) The State Government may, be notifi-
cation in the Official Gazette, makes.rules to carry out of the purposes of
this Act. • '
(2) In particular, and without prejudice to the generality of the foregoing
power, such rules may provide for all or any of the following matters,
namely:-.
Personal Notes 90 THE PUNJAB OCCUPANCY TENANTS (VESTING OF PROPERIETARY RIGHTS) ACT, 1952
Section:- 13
--■
(a) the form and manner in which an application for determination
of compensation may be made by the landlord;
(b) the form of notice and the manner in which notices may be
. served under this Act;
(c) the-manner in which inquiries may_be..held,under_ths.Act;
(A) tlie_nipnner in which compensation may be paid;
(e) the manner in which appeals and applications for review and
revision may be filed;
(f) any other matter which has to be, or may be prescribed.
13. Repeal and saving.- The Punjab Occupancy Tenants (Vesting
of Proprietary Rights) Act, 1951 (President's Act VIII of 1951), is hereby
repealed but, notwithstanding such repeal, anything done or any action
taken in exercise of any power conferred by or under the said Act shall be
deemed to have been done or taken in exercise of the powers conferred
by or under this Act, as if this Act was in force on the day on which such
thing was done or action was taken.
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