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- Chandigarh
- Enactment date
- 1887-09-23
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1887 : Act XVI] TENANCY 17
ACT NO. XVI or 1887,
[Tur Puwsas Tenancy Acr, 1887].
CONTENTS
CHAPTER I
PRELIMINARY,
SECTIONS,
1. Title, extent and commencement,
2, Repealed,
3. Repealed.
3, Definitions,
CHAPTER IL
e
od
Rigur oF OCCUPAKCY.
aC
5. Tenants having right of occupancy.
. Right of occupancy of other tenants recorded as having
di
the right before passing of Punjab Tenancy Act, 1866.
Right of occupancy in land taken in exchange.
In
7.
8. Establishment of right of occupancy on grounds other
than those expressly stated in Act.
9. Right of occupancy not to be acquired by mere lapse
of time.
10. Right of occupancy not to be acquired by joint owner
in land held in joint ownership.
11, Continuance of existing occupancy-rights,
—
CHAPTER IIL
RENT.
Rents generally,
12, Respective rights of landlord and tenant to produce.
13. Commutation and alteration of rent.
14, Payments for land occupied without consent of land-
lord.
15. Collection of rents of undivided property.
Produce rents,
16. Presumption with respect to produce removed before
division or appraisement.
17. Appointment of referce for division or appraisements.
18. Appointment of assessors and procedure of referee.
19, Procedure after division or appraisement.
TENANCY [1887 : Act XV]
18
SreTionNs,
cupancy tenants,
20, Enhancement of produce .rents of oc ing
o in the last forego
of rents referred
a1, Reduetion
seclions.
ncy.
s having Right of Occupa
Cash rents paid by Tenant
tenants, )
of cas h rents of occu
pancy
09, Enhinneement
to in the last foregoing
Reduction of rents re forree
03
section.
for Enhancement or
General Provision velating to Suits
Reduction of Rent
suit.
4 Enhancement and reduction of rent by .
of enhancement or Teduction
95. Discretion as to extent reduction to tak e eff ect .
26, Time for enhancement ot
in terms of the Land-revenue.
e
Adjustment of Rents cxpressed
27, Adjustment od
of rents expressed in terms of the land
aC
revenue.
27- A. Omitted.
di
of Rent on Alteration of Area,
Alteration
In
95 Alteration of rent on alteration ol area.
Remission.
40, Remission of rent by Courts decreeing arrears. like
40, Remission and suspension of rent consequent on
treatiment of land revenue.
Deposits.
41, Power to deposit rent in certain cases with revenue
oflicer.
32, Eflect of depositing rent,
Recovery of rent from attached produce.
4. Recovery of rent from attached produce.
L(‘:[.‘n"g jor period exceeding term of Assessment of Land revenue.
24, Tréatment of leases for period exceeding or equal to
termg of assessment of land revenue.
CHAPTER 1V,
RELINQUISHMENT, AHANDONMENT AND EJECTMENT.
Relinquishment.
: Relinguishment
i by) tenant fo r a fixed .
)
=
36 Relinquishment by any other I:..enant term
47 Relinquishment of part only of a tena.ncy
IBET : Act XVI] TENANCY 19
SecTions,
Abandonment,
38, Abandonment of tenancy by cecupancy-tenant,
Eijectment,
Liasinrry 10 EJECTMENT.
,:59. Grounds of ejeetment of occupancy-tenant.
. Grounds of ejectment of tenant for a fixed term.
41. Ejectment of tenant {rom year to year.
PrOCEDURE Ox EJECTMENT.
42. Restriction on ejectment.
43, Application to Revenue-officer for ejectment,
e
&, Ejectment of failure to satisfy decree for arrear of rent,
od
45, Ejectment of tenant from vear to year by notice.
£6. Power to make rules.
aC
GENERAL PROVISIONS RESPECTING EJECTMENT,
di
In
47. Time for ejectment.
¢£. Relief apainst forfeiture.
¢9. Rights of cjected tenants in respect of crops and land
prepared for sowing.
Rrrier FoR WronNGFUL DISPOSSESSION.
5. Relief for wrongful dispossession or ejectment.
50-A. Bar to eivil suits,
51, Bar of relief by suit under section 9, Act T of 1877,
Power to vary dates preseribed by this Chapter.
Power [m Contral Government to fix dates for certain
52
purposes.
CHAPTER V.
59.A. Omitted.
OccupANCY,
ALTENATION OF, Axp Successton 1o, RiGHT oF
Alienation,
5
53. Private transfer of right of vecupancy under section
by tenants.
of right of oecu-
4] Pr}::cedure on foreclosure of morfgage
55. right of occupancy un der section 5 in execution
Sales of il
of decree.
TENANCY [1887 : Act XV1
20
SECTIONS,
under any other section
56. Transfer of right of oecupancy > . )
than section 5. ere s of righ t of occupancy.
nsf
57. Rights and liabilities of tra
58. Subletting. of occ upancy under any section
of
58.A. Tra nsf er of rig ht
the Act by exchange,
Succession,
50, Succession to right of occupancy.
Irrepular Transfers.
Irregular transfer or right of occupancy.
60.
CHAPTER VL
IMPROVEMENTS AND COMPENSATION
e
5
Improvements od
by landlords.
aC
Improvements by landlords on tenancies of occupancy
§1.
di
tenants, improve-
Enhancement of rent in consideration of an
In
§2. occu-
ment made by a landlord on the tenancy of an
pancy tenant,
Improvements by Tenants.
63. Title of occupancy tenant to make improvements.
to make
64, Title of tenants not having right of occupancy
improvements.
before commencement of this Act
65. Improvements made
Improvements begun in anticipation of ejectment,
to be a bar
67, Tender of lease for twenty years to tenant
to right to compensation.
for improvements to
8. Liability to pay compensation
tenants on ejectment or on enhancement of his rent,
Compensation for disturbance of clearing tenants
§9. Compensation for disturbance of clearing tenants.
Procedure in determining Compensation.
70. Determination of compensation by Revenue Courts.
71. Determination of compensation by Revenue-officers.
72. Matters to be regarded in assessment of compensation
for improvements.
73, Form of compensation.
1887 : Act XVI] TENANCY 2
SECTIONS,
of
Relief in case of Ejectment before determination
Compensation,
of ejectment helore determination of
74 Relief in case
compensation.
CHAPTER VI
JURISRICTION AND PROCEDURE,
Jurisdiction,
Revenue-officers.
and proceedings cognizable by Revenue-
Applications
officers,
e
and suits cognizable by them.
od
Revenue Courts
aC
Administrative Control.
and
di
78. Superintendence and control of Revenue-officers
Revenue Courts,
In
8. Power o distribute business and withdraw and transfer
Cases.
Appeal, Review and Revision,
Appeals.
Limitation for appeals.
Review by Revenue-officers.
appli-
Computation of periods limited for appeals and
cations for review.
for, examine and revise proceedings of
Power to call
Revenue-officers and Revenue Courts,
Procedure of Revenue -officers.
before
Persons by whom appearances may be made
Courts,
Revenue-officers as such and not as Revenue
Costs.
Procedure of Revenue Courts.
Power of Revenue-oflicers or Revenue Court to summon
persons,
Mode of service of summons,
Or copy
Mode of serviee of notice, order or proclagpation
thereof.
Additional mode of publishing proclamation.
22 TENANCY [1887 : Act XV]
SecTions,
03, Joinder of tenants as parties to proceedings relating to
rent.
04. Exception of suits under this Act from operation of
certain enactments.
95, Payment into Court of money admitted to be due to a
third person,
96 Exceution of deerees for arreavs of rent.
97. Prohibition of imprisonment of tenants in exeecution of
decrees for arrears of rent,
98, Power to refer party to Civil Court.
99, Power to refer to High Court guestions as to juns-
dietion.
100. Power of High Court to validate proceedings had
under mistake as to jurisdiction.
Miscellaneous.
e
101. Place of sitting.
od
aC
102. Helidays.
103. Discharge of duties of Collector dying or being disabled.
di
104, Retention of powers by Revenue-officers on transfer,
In
105. Conferment of powers of Revenue-offifficer or Revenue
Court.
106. Power for Financial Commissioner to make rules.
107. Rules to be made after previous publication.
108. Powers exercisable by Financial Commissioner from
time to time.
CHAPTER VIII,
ErrecT oF THIS AcT oN RECORDS-OF-RIGHTS AND AGREEMENTS.
109, Nullity of certain entries in records-of-rights.
110. Nullity of certain agreements contrary to the Act.
111, Saving of other agreements when in writing,
112, Effect of certain entries made in records-of-right
November, 1871, i
Tue. SCHEDULE—ENACTMENT REPEALLD,
IB87 : Aet XVI] TENANCY
[
b
[Tur Punaas Texancy Act, 1087.]
Act XVI1 or 1887,
1 2 3
[23rd
a
September, 1887.]
= T Wihether repealed or olhcrwise alfeoeted
Year wo. Shorttite e by leyistation ;
TEET XV The Punal | Rep. inpart, Act 3ol 1920
Tenancy Rep, in part, and amended, Act XIT af 1s9]
Act, 1887 | Rep.inparl, and amended, Act IV of 1914,
Scho o, 1
Amended, Punjab Act 1 o 1906
Amended, punjab Act 11T of 1912
Amended, Tunmb At 111 of 1914
Amended] Act XVIITof 1919
Amended, Punjab Act X1 of 19251
Amended, Punjab, Act 11 of 1927
Amended, Punjab, Act ¥ of 19294
| Amenled, Punjb’ Act Iy er 1933
Amended in parl, Govi. of India _{Adaptation
of Indian Laws) Order, 1937
Amended, Punjab Act X of (939
Amended, in part, (Adaptation of Laws)
Order, (950 !
e
Fxtended to the terrtorics which immediately
od
before the [st November, 1956, were com-
prised fn the State of Patiali and Fast Punjab
States Union by Punjab Act No. 23 of 19577
aC
amended by Pungh Ast o, 18 of 1963*
Amende s by the Punjab Reorg wisation Chandigarh)
di
§ dapration of Laws on Stawe and Concurten!
sbjects) Onder, 1968,
In
IFor Statement of Objects and Reasons, see “Gazette of India”
1656, Pr. V, p. 639 ; for Report of the Select Committee, see ibid, 1867
Pr. V. p. 77 ; for Proceedings in Councll, see "'Gazette of India", Sup-
plement, 1586, p, 1008, ibid, 1887, Pt, VI pp. 60 and 80.
The Act came inlo foree on the 1st November, 1887, see Notifica-
tion No. 726, “Punjaly Gazette,” 3rd November, 1887, Part I, p. 578.
iFor Statement of Objects and Reasons, see “Punjab Gazette”,
1925, Extrapidinary, pp. 302-03. For report of the Seleet Committes,
see ibid, 1925, Parl V, pp. 3:2—45 and for Proceedings in Council, see
Punjat Le ive Council Debates, Vol, VIII-B, pp. 1391—93, 1831-32,
It came into force on the 15t of May, 1926, see Revenue Department Noti-
fiestion No. 1364, dated 281h April, 1926, on page 397 of “Punjnb
Gazette,” Pr L
Fer Statement of Objects and Reasons, see “Punjab Gazette”,
1827, Part V, p. 24, and for Report of Select Committes, see ibid, 1027,
PV, pp. 30-10. For procecdinge in Couneil, see the Punjob Legis-
lative Council Debates, Val. X=B, p. 808, Ii came into force on 20th
January, 1929
1For Sistement of Objects and Ressons, see “Punjab Gazette,”
1920, Pi. V, p. 7 and for Report of the Select Committes, see ibid, 1929,
Pt. V, pp. 25-26 For Procoedings in Council, see the Punjab Legis-
Iative Couneil Debates, Vol MIL pp. 742—44, Vol XTII, p. 25. Tt came
into foree on 1a1 October, 1920,
‘For Statement of Objects and Reasons, see “Punjab Cazette,”
1933, Extranrdinery, pp. 61-62, and for Proceedings in Council, see the
Pupyah Legislative Council Debates, Vol XXI11, pp. 1240—52. Tt came
into force on Ist December, 1923, —wide Punialy Government Notifleation
No. 143, dnted 51h October, 1933,
“For Statementis of Obieris and Reacons, ser “Punjab Gazette®,
Extraordinery, doted 8th Apiil, 1938, Part V, pp. 7-8. For Report of the
Select Comnuttee, se¢ ibid, Part V, pp. 43—45 ; and for proceedings in
the Assembly, see Punjab Legislative Assembly Debates, 1038, Vol. V.
PP 440—445, and Vol X, pp. 163—174.
“For Statement of Objects and Reasons, see “Punjab Gazette”,
IE::;J-;?rg&arrl. 1957, page 88,
L ol ement of jeci= {13 and Reasons, see Punjob
i Gozette (Ex -
[1887 : Act XVI
24 TENANCY
ACT XVI oF 1887. 1887.]
Act,
| Tue Punias TENANCY
[23rd September, 1887.] the Tenancy of
w relating to
An Act to amend the La njab.
Land in the Pu
amend the law relating
WHEREAS it is expedient to njab ; It is hereby
to the tena ncy of land in the Pu
enacled as follows:— L
CHAPTER
PRELIMINARY.
: Twa, etent 1. () This Act may be called the Punjab Tenan-
it ey Act, 1887
ritory of Chandi-
'[(2) Tt extends to the Union Ter
garh.]
e
od
such day as the
(3) It shall come into force on
“[State] Government, with the previous sanction of
aC
ification
Government] may by not
tne ’[Central
di
appoint in this behalf.
rules in anticipation of com-
In
2. [Power to make
mencement] * * * * ¥ ! *w
3. [Repeal]* * * % bix M %8
In this Act, unless there is something repug-
Definitions,
4.
nant in the subject or context—
(1) “land” means land which is not occupied as
the site of any building in a town or village and is
occupied or has been let for agricultural purposes or
for purposes sub-servient to agriculture, or for pasture,
_'Substituted by the Punjsb Reorganisation (Chandigarh) (Adsp-
tution of Laws on State and Concurrent Subjects) Order, 1088
"
Order!?l‘;
2 %sslli ;_m“d- for the word
g 1
“Provincia
ey
l” T
by the Adaptation of Laws
2Substituted for the words “Governor-General in C "
Covernment
.
of India (Adaptation of Indian.
L.ar:}s;né;i;[;?u]m?.}
‘h 4
e
Amending Act 1801 (XII of 1891).
xefliég?fi‘l‘f‘d by the Repealing and
“Repealed by the Repealing and Amending Act. 1881 (XII of 1891).
1837 : Act XVI] TENANCY 25
and ineludes the sites of buildings and other structures
on such land :
(2) “pay” with its grammatical variations and
cognate, expressions, includes, when used with
reference to rent, “deliver,”” and “render,” with their
grammatical variations and cognate expressions :
(3) “rent” means whatever is payable to a land-
lord 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 after the date on which it becomes payable :
(5) “tenant” means a person who holds land
under another person, and is, or but for a special
contract would be, liable to pay rent for that land to
that other person ; but it does not include—
e
od
(a) an inferior landowner, or
(b) a mortgagee of the rights of a landowner, or
aC
(c) a person to whom a holding has been trans-
ferred, or an estate or holding has been let
di
. in farm, under the Punjab Land-revenue
In
":;,l,“ Act, 1887, for the recovery of an arrear of
: land-revenue or of a sum recoverable as
such an arrear, or
(d) a person who takes from the '[Government]
a leage of unoccupied land for the purpose
of subletting it :
(6) “landlord” means a person under whom a
tenant holds land, and to whom the tenant is, or but
for a special contract would be, liable to pay rent for
that land :
(7) “tenant” and “landlord” include the prede-
cessors and successors in interest of a tenant and land-
lord, respectively :
(8) “tenancy” means a parcel of land held by a
tenant of a landlord under one lease or one set of eon-
ditions
(?} “estate,” “landowner” and “holding” have the
meanings, respectively assigned to those words in the
Punjab Land-Revenue Act, 1887 :
o’d;r.?ull.aa;&uled for the word “Crown" by the Adaptation of Laws
. 26 TENANCY [1887 : Act xyy
(10) “land-revenue” means land-revenue assesgeq
under any law for the time being in force or assessablg
under the Punjab Land-revenue Act, 1887, apg XA oy
includes— ) N
(@) any rate imposed in respect of the increageq
value of land due to irrigation, and
(b) any sum payable in respect qi land, by way
of quit-rent or of commutation for service,
to the '[Government| or to a person tg
whom the '|Government| has assigned the
right to receive the payment :
(1I) “rates and cesses” means rates and cesseg
which are primarily payable by landowners, and
includes— B
(a) * s o *
(b) the local rate, if any, payable under the
Punjab District Boards Act, 1883, and any y.
e
fee leviable under section 33 of that Act e
od
from land-owners for the use of, or benefits
aC
derived from, such works as are referred to
in section 20, clauses (i) and (j), of that Aet;
di
(¢) any annual rate chargeable on owners of
In
lands under section 59 of the Northern
India Canal and Drainage Act, 1873 ; {LS-EIE t
(d) the zaildari and village officers’ cesses; and
(e) sums payable on account of willage
expenses :
(12) “village-cess” includes any cess, contribution
or due which is customarily leviable within an estate
and is neither a payment for the use of private pro-
perty or for personal service, nor imposed by or under
any enactment 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 Aect means a Revenue-officer or
Revenue Court having authority under this Act to
discharge the functions of a Revenue-officer or
Revenue Court, as the case may be, under that pro-
vision :
'Substituted for the word “Crown” . B
Order, 1950, ord “Crown” by the Adaptation of Laws
‘Repealed by the Amending Act, 1891 (XII of 1891),
1887 : Act XVI] TENANCY 21
(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 partl by the '[Govern-
ment] or by an officer of the '[Government] :
(16) “legal practilioner” means any legal practi-
tioner within the meaning of the Legal Practitioners
BT Act, 1879° except a mukhiar :
179
means the year
year” com-
(I7) “agricultural
mencing on the sixteenth day o { June, or on
such other
date as the *[Central Government] may by notification
appoint for any local area :
means a notification published
(18) “notification”
Gov rernment] in the Offi-
by authority of the *[Central
e
cial Gazette : and
(19) “impro vement” means, with reference to a
od
aC
tenancy and
tenancy any work which is suitable to the by
concistent with the conditions on which it is heldnues
di
which the value of the tenancy has been and conti
In
and which, if not executed on the
to be increased,
t, or
tenancy, is either executed directly for its benefi
is, after execution made directly beneficial to it.
Explanation 1 —I1 includes, among other things—
(a) the construction of wells and other works
for the storage or supply of water for agri-
cultural purposes ;
(b) the construction of works for drainage and
for protection against floods ;
(c) the planting of trees, the reclaiming, en-
elacing, lovelling and ferracing of land for
a
agricultural purposes and other works of
like nature ;
(d) the erection of buildings required for the
more convenient or profitable eultivation
of a tenancy : and
word "Crown” by e Adaptation of Laws
1Quhatijuted for the
Order, 1830,
orenealed Ceptral Acte, Vaolume TL
Substituted for the words “State Government” by the Puninh Re-
§ Adaptation of Lawes on Sipte and Concur-
orgamisation (Chandigarh)
rent Subjects) Order, 1968
TENANCY [1887 : Act Xy
28
(e) the renewal or reconstru ction of any of the
h aiterations therein
foregoing works, or suc of the natyre
or additions thereto, as are not
of mere repairs and as durably increass
their value ;
such clearances, embank.
But it does not include wells andq
enclosures, temporary
ments, levellings,
ants in the ordinary
water-channels as are made by tenany special expendi.
without
course of cultivation and to land from the
ruing
ture, or any other benefit accdr
ordinary operations of husban y. severat
II.—A work which benefits
Explanation to each
to be, with respect
tenancies may be deemed
of them, an improvement. i
work executed by 3 tenant
Explanation 111.—A
shes the
not an improvement if it substantially dimini
dlords property.
value of any other part of his lant
e
od
a ttelc
'(ze)t-'
CHAPTER 1I
aC
RicuT oF OCCUPANCY.
di
Tenante having
5. (1) A tenant—
In
pight of oocu-
pency, (a) who at the commencement of this Act has,
for more than two generations in the male
line of descent through a grandfather or
grand-uncle and for a period of not less than
twenty years, been occupying land paying
no rent therefor beyond the amount of the
land-revenue thereof and the rates and
cesses for the time being chargeable there-
on, 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
land-owner continuously occupied the land,
or
settled
() who, in a village or estate in whichthehe founde
along with, or was settled by, !
thereof as a cultivator therein, occup!
-
e
Omitted by : the India’ (Adaptation of Existing Indian Law)
Order, 1847 i +
e by Parcdon 4 (1). Provisions about Muqarridars had 0
Punjab Act XI of 1925,
1887 : Act XVI] TENANCY 29
jand on the iwenty-first day of October,
1868, and has continuously 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 conti-
nuously occupied it for not less than twenty
years,
un-
has a right of occupancy in the land so occupied,
less, in the case of a fenant belonging to the class
specified in clause (), the landlord proves that the
settled on land previously cleared and
tenant was
under cullivation by, or at the expense of,
brought
e
the founder.
(2) If a tenant proves that he
occupied land for thirty years and paid no rent therefor
has
od continuously
aC
bevond the amount of the land-revenue thereof and
chargeable
di
the rates and cesses for the time being
be presumed that he has fulfilled the
In
thereon, it may
condtions of clause (a) of sub-section (1).
(3) The words in that clause denoting natural
relationship denote also relationship by adoption,
including therein the customary appointment of an
heir and relationship, by the usage of a religious com-
munity.
6. A tenant recorded in a record of rights sanctio- Right of occu.
ned by the '[Central
¥
Government] before the twenly- o one ofrecarde
pancy
d
other
first day of October, 1868, as tenant having a right of as having right
occupancy in land which he has continuously occupied o i g
from the time of the preparation of that record, shall naney Aet, 1868,
be deemed to have a right of occupaney in that land
unless the contrary has becn established by a deeree
of a competent Court in a suit instituted before the
passing of this Aet.
7. If the tenant has voluntarily exchanged the HEM«f <o
land, or any portion of the land, formerly occupied by s w e
him for other land belonging fo the same landlord, “hnes
the land taken in exchange shall be held to be subject
t_o_the same right of occupancy as that to which the
firg;f;fifl&fit%?;fil{:}r_h\gai?:smte_G overnment” by the PIII]JE?R’I.:
Ordm: L aptation of Laws on State and Concur-
rent. Subjecte)
30 TENANCY [1887 ; At XV
land given in exchange would have been subject ;¢
the exchange had not taken place.
Establishment 8. Nothing in the foregoing sections of thi,
;rm:',fl-t o on Chapter shall preclude any person from estabhshing
frounds othera right of occup aney on any ground other than tha
an those ee. " gy . “{ions.
pressly smateq SU0UNds specified in those secti
in Act.
Righ
paney t notof ooecube- 9. No tenant sha
3 ll acquiri e a rigrightht of occ
of occup nes
upa ney
acguired by mere b_\-‘ mere 13]]5 of time,
lapse of time,
pancs
sor o™i 10.
TIn the absence of a custom to the contrary,
scquired by joint NO one of several joint owners of land shall acqui
herd " sErdr re
held in joint ight of occupancy under this Chapter in Jand jointly
ownership, owned by them. J
e
cx?sntf:; uam:ec;E
pancy rights.
11.
sections of this Chapter. a
Notwithstanding
od
anything in the foregoing
aC
tenant who immediatelr
before the commencement of this Act has
a right
nceupancy in any land under an enactment specifiedof
di
In
in any line of the first column of the
following table
shall. when this Act comes into force, be
held
for all the purposes of this Act, a right of occu to have,
pancey in
that land under the enactment specified in the
line of the same
second column of the table:—
PUNJAB TENANCY ACT, 1868 THIS ACT
FIRST COLUMMN SFCOND COLUMN
Section Clanse Section Sub-section Clanse
5 n 5 mn (m
5 (2 5 m h
(1 5 tm fer
5 4) 5 (1, (d)
6 [ - ay
g &
1887 : Act XVI] TENANCY 5l
CHAPTER IIL
RENT.
Rents generally :
12, e
(1) The rent for the time being payanle in res- |" Respactive
pect of a tenancy shall be the first charge on the ford and ‘tenint
produce thereof. to produce,
(2) A tenant shall be entitled to tend, cut and
harvest the produce of his tenancy in due course of
husbandary 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—
e
od
(a) the tenant shall be entitled to the exclusive
possession of the whole produce until it is
aC
divided;
shall be entitled to be present _
di
(b} the landlord
at, and take part in, the division of the producz; 5T
In
and
(c) when the produce has been divided, the
land-lord shall be entitled to the posses-
sion of his share thereof.
13. (1) Where rent is taken by any of the follow- Commutation
ing methods, namely :— f::; Mlterption, of
(a) by division or appraisement of the produce,
{b) by rates fixed with reference to the nature
of the crops grown,
(¢) by a rate on a recognized measure of area,
(d) by a rent in gross on the tenancy, or
(e) partly by one of the methods specified in
clauses (a), (b) and (c) of this sub-section
and partly hy another or others of them,
one of those methods shall not be commuted in whele
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 methods specified
in clauses (a), (b) and (c) of sub-section (1), or by the
32 TENANCY [ 1887 : Act Xvi
method specified in clause (d) of that !iub-sectifm
shall not be liable to pay for a tenancy rent at an;.:
higher rate, or of a higher amount, as the case may bie,
than the rate or amount payable in respect of )
tenancy for the preceding agricultural year,
Payments ~ for 11, Any person in possession of land OCCUpieg
:\a"ir::out “Si“m"li‘l without the consent of the landlord shall be liable ¢,
of landlord. pay for the use or occupationof that land at the rag,
of rent payable in the preceeding agricultural year, ¢
if rent was not payable in that year, at such rate 5
the Court may determine to be fair and equitable,
Collection of 15. When two or more persons are landlords of
remts of undivid fonang in respect of the same tenancy, the tenant sha))
4 PRSI not be bound to pay part of the rent of his tenancy ¢,
cne of those persons and part to another.
e
Produce-rents.
Presumption 16. od
Where rent is taken by divisicn or appraise-
aC
with respect @ ment of the produce, if the tenant removes any portion
{:;:: ‘am:‘fir of the produce at such a time or in such a manner as
di
appraisement. to prevent the due division or appraisement thereof,
In
or deals there-with in a manner contrarv to establi-
shed 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.
Appolntment of 17. If either the landlord or the tenant neglects
referee for divi-{n attend, either personally, or by agent, at this prose-
sonOF “PPRUE time for making the division or appraisement of the
) produce,-or if there is a dispute about the division or
appraisement, a Revenue-officer may, on the applica-
tion of either party, appoint such person as he thinks
fit to be a referze to divide or appraise the produce.
Appeintment 18. (1) When a Revenue-officer appoints referce
of asscssors andre- under. the . last . foregoing section, he may, in his
procedure of dis-
. . -
feree, cretion, give him instructions with respect to the
association with himself of any other persons as asses-
sors, the number, qualifications and selection of these
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
instructions which he may have received from the
Revenue-officer under the last foregoing sub-section.
1887 : Act XVI] TENANCY 35
(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 appraise-
ment will be made, but, if either the landlord or the
tenant fails to attend either personally or by agent, the
referee may proceed ex parte.
(4) For the purpose of making the division or
appraisement, the referee, with his assessors, if any,
may enter upon any land on which or into any building
in which the produce is.
19. (1) The result of the division or appraisement Procedure after
shall be recorded and signed by the referee, and the praisement.ar
division ap-
record shall be submitted to the Revenue-officer.
(2) The Revenue-officer shall consider the record,
and, after such further inquiry, if any, as he may deem
e
necessary, shall malke an order either confirming or
varying the division or appraisement. od
aC
(3) The Revenue-officer shall also make such order
as to th= costs of the reference as he thinks fit.
di
(4) The costs may include the remuneration of the
In
referes and of the assessors, if any, and may be levied
from the applicant before the appointment of the
referee subject to adjustment at the close of the pro-
ceedings.
20. Wkere the rent of a tenant having a right of produce-rents
Enhancement of
of
oceupancy in any land is a share of the produce, or of occupaney ten-
the appraised value thereof, with or without an addi- onfs,
tion in money, or is paid according to rates fixed
with reference to the nature of the crops grown, or isa
rent in gross pavable in kind, the tenant shall be entitl-
ed to occupy the land at that rent :
Provided that, when the land or any part thereof
previously nat irrigated or flooded becomes irrigated or
tlacded, the rent payable in respect of the land or part
may, subject to the provisions of this Acl be enhanced
to the share or rates, or with reference to the rent in
gross, as the case may be, paid by tenants, having a
similar right of occupancy, for irrigated or flooded land
of a similar description and with similar advantages.
21, When the land, or any part of the land, held rents
Reduction
referred
af
to
by a tenant having a right of occupancy to whom the in the lzst fore-
last foregoing section applies ceases to be irripated or going section,
34 TENANCY
L1885 2 Ay Xvy
flooded, the rent payable in respect of the land or par
may be redueed 1o the share or rates, or with “-'f‘-'l'f'nc,i
to the rent in grogs, as the case may be, paid hy ‘Gna-m;
having a similar right of ocecupancy for unirrigateq o/
unflooded land of a similar description and with sim':
lar advantages.
Cash-rents paid by Tenants h aving Right of Occupancy
ntancenent 99 (1) Where a tenant having a right of oecy.
of occupancy pancy pays his rent entirely by a cash-rate op a
measure of arca or by a cash-rent in grosg
Tennr recognized
on his tenancy, the rent may be enhanced on the groung
that after deduction therefrom of the land-revenue of
and the rates and cesses chargeable on, the tenaney, it
15—
the class specified in
e
(a) if the tenant belongs to
od
clause (a) of sub-section (1) of section 5, less
than two annas per rupee of the amount of
aC
the land-revenue ;
(b) if he belongs to any of the classes specified in
di
clauses (b), (c) and (d) of that sub-section
In
less than six annas per rupee of the amount
of the land-revenue ;
(¢) if he belongs to the class specified in section
6, or if his right of occupaney is established
under seetion 8 and his rent is not regulated
by contract less than twelve annas per rupee
of the amount of the land-revenue.
(2) In case to which sub-scetion (1) applies, the
rent may be enhanced to an amount not exceeding two,
six or twelve annas per rupee of the amount of the
land-revenue as the case may be, in addition to the
arnount of the land-revenue of the tenancy and the
rates and cesses chargeable thereon.
1(3) * * * * . .
Reduction of 23, The rent payable by a tenant to whom the last
';"“'he"!fl;m,éf foregoing section applies may be reduced on the ground
going section. that the productive powers of his tenancy have been
decreased by a cause bevond his control.
1Sub=Cleuse (3) (added by Punjab Act X1 of 1025) was omitted B
of Existing Inding Lows) Order, 1047, sectior
the Indis (Adaptation
4 (i)
1887 : Act XVI] TENANCY 35
ement
General Provisions relating to suits for Enhanc
or Reduction of Rent.
Fnhancement and
24. (1) A Revenue Court, on the suit of either
sions of this f;lf,:::“ Lol
land-lord EarJ tenant, may, subjecl to the provi
reduce the
and other sections of this Act, enhance orpancy.
rent of any tenant having a right of oceu
for the enhancement of the
(2) Where a decree
tenant has been passed under the
rent of such a
for a further enhance-
XNXVI Pynjab Tenancy Act, 1868, a suit
till the expiration of five
o 1% ment of his rent shall not lie ess in the mean-
years from the date of the decree, unl in the
Yime the local area in which the land comprised
gen erally reassessed and
decree is situate has been
land has been
the revenue payable in respect of that
increased.
e
ction (2), a
(3) Subject to the provision of sub-se
suit instituted for the enhancement of
the rent of
l not be enter-
od a
aC
tenant having a right of occupancy shal ely :—
tained in either of the following cases, nam
di
the ten years next preceding its
(a) if within
In
under
institution his rent has been commuted
section 13 or enhanced under this section,
(b) if within that period a decree has been passed
under this Act dismissing on the merits a suit
for the enhancement of his rent,
unless the land or some part of the land comprised in his
tenancy, not having been irrigated, or flooded at the
time of such commutation, enhancement or deeree, has
become irrigated or flooded. *
|(4) w = @ ® * * *
or re du ci the
ng rent Direction a5
of any land, to exten
25. Ine nha nci ng t of en-
under the foregoing provisions of this chapter , the nancemen t or re-
Cm_arl shall, within the limits prescribed by those pro- duetion.
visions, enhance or reduce the rent fo such an amount
as it considers fair and equitable, but shall not in any
case fix the rent at a sum less than the amount of the
land-revenue of the land and the rates and cesses
chargeable thereon.
26. (1) Unless the Court decreeing an enhace- Time for en.
ment of rent otherwise directs, the enhancement shall hencemen t or re-
duction to take
TEub-cla (added by Punjab
(41 ]ute jab Ael 1023) was
Acl X1X1 ofof 1925) omitied by
was omitled by effect,
khe"{n'flu fAdnpiation of Existing Indian Laws) f)z"der. 1947, mlic%
6 TENANCY (1887 : Agy X1
take effect from the commencement of the agriculty,
year next following the date of the decree, al
(?) A Court decreeing a reduction of rent that
gpecify in the decree the date on and from whicy the
reduction is to take effect. "
Adjustment of Rents expressed in ferms of
Land-revenue. .
“”“"mm‘o 23, (1) Where the rent of a tenancy is the wher,
itorme o tweor a share of the land-revenue thereof, with or withey
land-revemi. an addition in money, kind or service, and the lang.
revenue of the holding in which the tenancy is sityar,
is altered, a Revenuec-officer having authority upde.
section 56 of the Punjab Land-revenue Act, 1087, .,
determine the land-revenue pavable in respect of the
e
several holdings comprised in the estate in which the
od
tenancy is situate shall determine also the amount o
aC
the land-revenue of the tenancy, or the proportionats
share thereof, pavable by the tenant as rent.
di
(2) Where an addition referred to in suh-section
In
(I) is a percentage fixed with reference to t=e lan
revenue of the tenancy, or the whole or a share »f
rates and cesses chargeable thereon, or both. the1
Revenue-officer shall in like manner from time
time alter the amount of the addition in proportion ta
any alteration of such land-revenue or rates and cesses
(3) The sum or sums determined under the fore
going sub-sections, together with any addition, pre
viously payable other than the additions referred tw
in sub-section (2), shall be the rent payable in respect
of the tenancy until there is again an alteration of the
land-revenue thercof or of the rates and cosses charg®
able thereon or until the rent is enhanced by a sun
under this Aet,
(4) An alteration of rent under this section shal
not be deemed an enbuncement or reduetion of rent
within the meaning of this Act.
'(5) . - . . .
iSub-scction (5) (added by Punjab Act X1 of 1025) was omitted 1Y
:h‘eijln dihn (Adaptation of Existing Indian Laws) Osder, 1047, sect
1887 : Act XVI] TENANCY 37
'[Adjustment of rents paid by occupancy tenants in
Attock Distriet.]
|[27_ A, L] * » 1 * . ..]
Alteration of Rent on Alteration of Area.
28. (I) Every tenant shall— Alteratlon of
rent on alteratiem
of area.
(@) 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 the excess is
due to the addition to his tenancy of land
which, having previously belonged to the
tenancy, was lost by diluvion or otherwise
e
without any reduction of the rent being
made; and od
aC
(b) be entitled to an abatement of rent in res-
peet of any deficiency proved to exist in the
di
area of his tenancy as compared with the
In
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 hy
alluvion or otherwise, and that an addition
has not heen 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 ghall have regard to
the following amnong other matters, namely :—
(a) the origin and conditions of the tenants'
occupancy for instance whether the rent
was a4 rent in rross for the entire tenaney ;
(b) whether the tenant has been allowed to hold
additional land in consideration of an addi-
tion 1o his total rent or otherwise with the
knowledge and consent of the Jandlord; and
(c) the length of time during which there has
been no dispufe as to rent or area.
Section 27A tocether with the hendine omitted by the Indian
(Adaptatinn of Existing Indian Laws) Order, 1947, section 4{i).
ki TENANCY [188% : Act Xy
(1) In adding to or abating rent under this secting
the Court shall add to or abate the rent to sueh -
amount s it deems to be fair and equitable, ang shalj
specify in its decrce the date on and from which the
addition or abatement is to take effect.
(4) An addition to or abatement of rent under thiz
gection shall not be deemed an enhancement or redugtygy
of rent within the meaning of this Act.
Remission.
Reiidsslon of 20, Notwithstanding anything in the foregoing ga..
rent by Conrts tions
Betod g, of+ thisthi Chapter, iiff iti appears to a Court making
maki 5
HnE BITRATE. ecree for an arrear of rent that the area of a tenancy ha.
leen so diminished by diluvion or otherwise, or that s,
produce thereof has been so diminished by drought, haj,
e
deposit of sand or other like calamity, that the full amoyn:
od
of rent payable by the tenant cannot be equitably decread,
the Court may, with the previous sanction of the Collectar,
aC
allow such remission from the rent payable by the tenaqt
di
as may appear fo it fo be justi.
In
Remission and 30. °[(1) Whenever the payment of the whole or
m ofrent eny part of the land revenue payable in respect of any land
lke trestment of s remitied or suspended, a Revenue-officer may, if the
lend revesue. 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 remitted or sus
pended bears to the whole of the land-revenue pavable in
respect of the land :
Provided that in the case of an ocenvancy-tenant,
whnse rent s of the nature hereinbefore in this sub-seetion
ceserihed the remicsion or susnension of the land-revente
pavable in resnect of the land shall, in the absence of &
written order by g Revenue.officer to the contrarv cart!
with it a pronortionate remission or suspension, as the cast
may be, of his rent, l
Eec!iunuds
15ubsti ituted for the old sub-section by Punjab Act T of 1004,
1887 : Act XVI] TENANCY 39
When the payment of the rent of any kind has heen
suspended under this elause it shall remain under suspen-
sion until the Collector orders the revenue of that land
to be realized.] .
(2) An order passed under sub-section (1) shall not
e liable 1o 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
Le 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 sus-
e
pension, the Revenue-officer may recover from the land-
lord the amount or value of the rant so collected, and may od
aC
also recover by way of penalty a further sum not exceeding
such amount or value, and may cause to be refunded t» the
di
tenant the amount or value of the rent so collected from
In
him.]
(6) The provisions of this section, relating to the re-
mission and suspension of the payment of rent may be ap-
plied, 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
tor 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 regulting the
remission and suspension of land-revenue.
‘I(7) Any sum of which the recovery is ordered
under sub-seetion (5) on aceount of rent or penalty may
Le recovered by the Collector as if it were an arrear of
land-revenue.]
Deposits.
31, In either of the following eascs, namely:— Power to de-
posit rent In cer-
(a) whv_n a landlord refuses to receive, or grant a tain cases with
receipt for, any rent payable in money when Revenue-Officer,
tendered ta him by a tenant,
- ‘iiubsliluu-d for the old =ub;sc.-rlifln by T"m
*Added by Punjzb Act 1 of 1906, seclion §.
-
40 TENANCY [1887 : Act xy,
(b) when a tenapt is in doubt as o the persen o
rent payable in money, 2
titled to receive
the tenant may apply 1o a Revenue-officer for leaws
deposit the rent in his office, anel the Revenue-offices ahay
receive the deposit if, after examining the a-plicint, he
satisfied that there is sueient ground for the applicarig,
and if the applicent pays the fee, if any, charceails i
the issue of the nolice next hersinaftor reforrod 1o
Effect of e 32, (1) When a deposit has been so reczived it ahqp
positing vent. b, doomied o be a payment made by the tenant 1q g
iandlord in respect of rent due.
shal
(2) The Revenue-officer receiving the deposit
give notice of the receipt thereol to every person who }
has reason to believe elaims or is entitied to the depoq
and may pay the amount thercofl to any person #npearin
te him fo be entitled thereto, or may, if he thinks fit, retais
the deposit pending the decision of a competent Conrt 2
e
12 the person so entitled.
od
(3) No suit or other proceeding shall be instiuted
aC
against the '[Government], or against any officer of 1he
Government] in respect of anythingz donz by a Revenua.
di
cfficer under this section, but nothing in this sub=ection
In
shall prevent any person entitled to receive the amount of
any such deposit from recovering it from a perion o
whom it has been paid by a Revenue-officer.
Recovery of rent from attached Produce.
Recavery uf 33. (1) If an order is made by any Court for the
.”j";m‘m"atmchmenl of the produce of a tenancy or of any part ofa
tenaney, the landlord may apply to the Revenue-officer by
whom the attachment is to be or has been made to sell the
vroduce and pay 1o him ouvt of the proceeds of the sale
thereof the amount or value of—
(a) any rent which has fallen due to him in respect
of the tenaney within the year immediately
preceding the application, and
(b) the rert which will be falling due after the
harvesting of the produce and is chargeable
against it.
(2) The Revenue-officer shall give the pefi“n‘ul
whose instance the altachment was made an opportunity
1Substituted for the word “Crown” b_'; the -}\d.-'.p!nliu_n of Laws
Order, 1850,
1887 : Aet XVI] TENANCY 41
of showing cause why the application of the landiord
should not be granted, and, il he finds the landlord's elaim
1o the whole or any part of the rent to be proved he shall
cause the produce or such portion thereof as he may deem
necessary to be sold, and shall apply the proceeds of the
sale in the first instance to satisfy the claim,
" (3) The finding of the Revenue-officer under sub-sac-
tion (2) shall have the force of a decree in a suit hetween
the landlord and the tenant.
Leases for Period exceeding term of Assessment of Lund-
revenue.
. (1) Where a lease has been granted, or an agree- Treatment of
ment?'ias (be)en entered into, by a landowner in respect of L"x?,:d[,‘,‘;' p’“fi
e
any land assessed to land-revenue fixing for a period egual to term of
exceeding the term for which the land-revenue has been i
assessed, the rent or other sum payable in respect of the od oy of
aC
land urder the lease or agreement, and that term has ex-
di
pired, the lease or agreement shall be voidable—
In
(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 grant-
ed or with whom the agreement has been en-
tered into refuses to pay such rent or other
sum as a Revenue Court, on the suit of the
land-owner, determines to be fair and equit-
able [* e *1 and
where the relation of landlord and tenant exists
between the grantor ang grantee of the lease or
between the persons who entered into the agreement —
(b) at the option of the tenant if the land-revenue
of the land has been reduced and the landlord
refuses to accept such rent as a Revenue
Court, on the suit of the tenant, determines
to be fair and equitable [* * * *1*% *]
(2) Any agreement relative to the occupation,
rent, profits or produce of anv land which has been
entered into for the term of the currency of an assess-
ment shall, unless a contrary intention clearly appears
'The words “or a Revenue officer under the provisions
?jf section 27-A hns determined to be proper” (inserted by sec-
Fong 0f Punjub Act X1 of 1925) omilied by the Indian (Adaptation of
xitling Indian Laws) Order ,1947, section 4010
42 TENANCY (1887 : Aey Xy,
in the agreement or the agreement
is 14_:rrnin_ahd by
consent of parties or course of law,
until a revised assessment takes effecon
ct,
tinye in fope
k
CHAPTER TV
RELINQUISHMENT, ABANDONMENT AND Efi:c'm;,-n_
Relinquishment,
gf'"f‘j,‘,'":’“‘,’l,’,‘.' . 35. A tenant holding for a fixed
fixed term, contract or
term unge,
a decree or order of competent
may relinguish authr,ri._},
his tenaney without notice at the eng
of that term.
Ne g (1) Any other tenant
ant, tenancy
may relinquish p;,
by giving verbally or in
lord, or to his landlord’s age to his land. writing
nt, on or before the fifteen.
th day of January in any year, notice
to relinquish the tenancy at of his intentign,
the end of the agriey).
e
tural year then current,
(2) The tenant may, instead
giving the notice in the ma od
of, or in additiag to,
aC
nner mentioned in sy,
section (I), apply to a Revenu
e-officer on or before the
di
date aforesaid to cause the notice to be served on the
In
landlord, and the Revenue-officer on
cost of service from the ten receiving the
ant, shall cause the notice
to be served as saon as ma
y be.
(3) If the tenant does not
give notice in the map.
ner prescribed in this sectio
n, he shall be liable to pay
the rent of his tenancy for
any part of the ensuing
agricultural year during wh
ich the tenancy is not let
by the landlord to some oth
er person or is not eylsi.
vated by the landlord himsel
f,
o 37. A tenant cannot, without
tenaney, landlord, relinquish
the consent of his
a part only of his tenancy.
A vmessnsicgss RN Abandonment,
S (J) If a tenant having a right of occupancy
oceupancy tenant. fajls for more
than one year withoyt sufficient cause
lo cultiviate hig lenancy, either
other person, and by himself or some
to arrange
of the rent for pavment
thereof as it falls due, the rig
be extinguish ht of occupancy shall
ed from the end of that year,
I(z) * * * * *
T 18ub-clause (2) of section
was omitted by the Indiag (Ad38 (inserted by Punjab Act
X1 of 1925,
947, aptation of Existing Laws) Qrder,
seotion 4(i).
1887 : Act XVI] TENANCY 43
Ejectment.
LIABILITY TO EJECTMENT.
39. () A tenant having a right of occupanty Grounds —of
shall be liable to be cjected from his tenancy on any e nan
of the following grounds, namely :—
ta) that he has used the land eomprizsed in the
tenaney 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 localily in which the land
is situate ;
(¢) when a decree for an arrear of rent in
e
respect of his tenancy has been passed
against him and remains
od
unsatisfied.
aC
;(2) L & * * *
di
40. A tenant not having a right of occupancy but Grounds af
In
holding for a fixed term under a contract or a decree “ieethnt i
or order of competent authority, shall be liable to be i
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 fo cultivate
that land in the manner or fo the extent
customary in the locality in which the land
is situate ;
(c) on any ground which would justify eject-
ment under the contract, decree or order.
41. A tenant who has nol a right of eccupancy, Ejecment of
and does not hold for a fixed term under a contract or 27t
a year, from yes
a decree or order of competent authority, may be
ejected at the end of any agricultural year,
1Omirted by the Imli:._ F.;!.‘H_np_tminr.\ ICTI-:,xisti:-\q -La\\-m;‘J- .(-).:'d-c:l-&l-l'_?.
section 41010,
14 TENANCY [1887 : Aet Xy
Proceptne o8 FIECTMENT
Testriction on 42 A tenant shall not be ejected otheywise than jn
electment, execution of g decree for ejectment, except in the follgy.
ing cases, namely :—
(a) when o deeree for an arrear of rent in respeet of
his tenaney hag heen passed against him and re.
mains unsatisfied ;
(b)Y when the tenant hae net a right of occtpanes
and does not hold for a fixed term under a con.
tract or a decree or order of competent authe-
rity.
43, In any such case as is mentioned in <lause () or
Rfl:mmfl;:flnufic (B) of the last foregoing section the landlord may
f0r_lectmant, apply to a Revenue-officer for the ejectment of the tenant in
the case mentioned in the Tormer clause or for the servies
on the fenant of a nolier o cjeetment in the case mentioned
e
in the latter clause,
Ejectment for
"‘”, el l:; =itya5 is mentioned
44.
od
(1) On receiving the application in any such case
in clause (a) of section
aC
42, the Revenua-
of rent, officer shall, after such inquiry with respeet to the existencs
di
of the arrears as he deems necessary, cause a notice to be
served on the tenant stating the date of the deeree and the
In
amount due thercunder, and informing him that if he does
not pay that amount to the Revenue-officer within fiftaen
days from receint of the notice he will be ciected fram the
Jand.
(2) If the amount is not so paid the Revenue-officer
shall, subjeet to the provisions of this Act with respect
the payment of compensation, order the eiectment of the
tenant unless good cause is shown to the contrary.
Ejectment of 45. (1) On receiving the application of the landlord
B o vise.AN any such ease as is mentioned in clause (b) of section 42,
to year by notice. i1 Revenue-officer shall, if the application is in order and
not epen to objection on the face of it, cause a notice of
cjectment 1o be served on the tenant.
(2) A notice under sub-section (19 shall not be served
after the filteenth day of November in any Nagricultural]
year.
(3) The notice shall specify the name of the landlord
on whose zpnlication it is issued and deseribe the land to
Hnserted by {he Repealing nd Amvending Act, 1001 (XIT -of 1801).
1887 : Act XVI] TENANCY 45
which it relates, and shall inform the tenont that he must
vacate the land before the first day of May next following,
or that, if he intends to contest his liability to ejectmznt, he
must institute a suit for that purpose in a Revenue Courl
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 {o contest his liability to e 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 ort'er his gjectment
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 fo contest
his liability to be ejected a Revenue-officer, on the appli-
cation of the landlord shall, subject to the provisions of this
e
Act with respect to the payment of compensation, order
the ajectment of the tenant : od 5
aC
Provided that the Revenue-officer shall not make the
arder until he is satisfied that the notice was duly served on
di
the tenant.
In
(6) If within those fwo months the tenant institutes a
suit to eontest 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 .
46. The Financial Commissioner may make rules pre- power to make
sgfjbjng_. rules.
(a) the form and language of applications and notices
under the twao last foregoing sections; and
(b) the manner in which thase applications and
nolices are to be signed and attested.
IEXERAL PROVISIONS RESPECTING EJECTMENT.
47. A decree or order for the cjectment of a tenant ™"° for eject-
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 officer making the
order, ntherwise directs,
48. (1) If in a suit for the ejectment of a tenant on Tlief againet
cither of the grounds mentioned in clauses (a) and (b) of ™"
section 29 or of section 40, it appears to the Court that the
injury caused by the act or omission on which the suit is
L3 T
-
46 TENANCY (1887 : Ay Xy |
1
based is capable of being remedied, or that an aWarg
compensation will he sufficient satisfaction to the lanqy,
therefor, the Court may, instead of making a decres fm_"?".
ejectment of the tenant. order him to remedy the 1n]|t-h'
within a period to be fixed in the order, or arder hig, y.'7
into Court, within such a period, such compensation “T‘::;
Court thinks fit. e
(2) 'The Court mav from time to time, for -
rr-nsnns? extend a period fixed by it under sub-sectionwiv}":l
(3) If within the period, or extended period, 5. the
case may be, fixed by the Court under this section the
injury is remedied or the compensation is paid, 5 decre,
' for the ejectment of the tenant shall not be made, ;
‘rl-':‘hrtzkar-lft :J*fi: 19. (1) Where at the time of the proposed ejerte .
respect of crope O @ tenant from any land his uncut or ungathered CTome
and land prepat-are standing on any part thereof, he shall not be eiectad
4
e
od for SIS from that part until the erops have ripened and he h..
been od
allowed a reasonable time to harvest them, )
aC
(2) The Court or Revenue-officer decreeing or grdes,
di
ing the ejectment of the tenant may, on the application .
the landlord, determine any dispute arising in consequenc.
In
of the provisions of sub-section (1) between the landlod
and tenant or between the landlord and anv person entit'=d
to harvest the crops of the tenant, and may in its or hic
discretion—
(a) direct that the tenant pay for the longer oceura-
tion of the land secured to him under sub
section (1) such rent as may be fair and
equitable, or
(h) determine the value of the tenant's uncut and
ungathered crops, and, on payment thereof by
the landlord to the Court or Revenue-officer.
farthwith ejeet the tenant.
(3) When a tenant for whose ejectment proceeding
have been taken has conformable with local usage pre
for sowing any land comprised in his tenancy but has not
sown or planted erops on that land, he shall be entitled
receive from the landlord before ejectment a fair equivalen
in money for the labour and capital expended by him in £
preparing the land, and the Court or Revenue-officer befor®
which or whom the proceedings are pending shall, on t g
application of the tenant, determine the sum payabTe
1887 : Act XVI] TENANCY 47
the tenant under this sub-section and stay his ejectment
until that sum has been paid to him.
RELIEF FOR WRONGFUL DISPOSSESSION,
50. In either of the following cases, namely {— Rellef for wre
ongful diapossos-
(a) if a tenant has been disposses sed withoul his sion or ejectment,
consent of his tenancy or any part thereof other-
wise than in execution of a decree or than in
pursuance of an order under section 44 or sec-
tion 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
e
be ejected,
the tenant may, within one year from the date of his dis- od
for recovery of
aC
possession or ejectment, institute a suit
possession or oceupancy or for compensation, or for both,
di
'[50-A. No person whose ejectment has been order- Bar to el
In
ed by a Revenue Court under section 45, sub-section (8), or SUiLE.
whose snit has been dismissed under section 50, may insti-
tute a suit in a civil court to contest his liability to eject-
ment, or to recover possession or occupancy rights, or to
recover compensation.] i
51. Possession of a tenancy or of any land comprised 20 SISl
$is in a tenancy shall not be recoverable under section 9 of thes actIof18TT.
1877, Specific Relief Act, 1877, by a tenant dispossessed thereof.
Power to vary dates prescribed by this Chapter.
52. (1) The *ICentral Government] may. for all of power for
*[Central o
any of the territories under its administration, by notifica- ernment
tion, fixx for the purposes of sections 36, 45 and 47 or of anY yue tor certain
of these sections any other dates instead of those speci- purpose
fied therein.
(2) A notifieation under this seetion shail not take
effect till after the expiration of six months from the date
of the publication thereof.
;'_ll\se'n(’d by Punjab Aet V of 1924, section 2
*Unrepealed Central Acts, Volume IL
SSubstituted for the words “State Government” by the Punjub Re-
organisation (Chandigarh) (Aduptition of Lows on State and Con=
current Subjects) Drger. 1988,
-’
48 TENANCY (1887 2 Ay Xvy
CHAPTER V.
ALIENATION oF, ARD Succrssion to, Riunt or Oucupg g,
Alienation,
II'_:iE_A. & . . . ]
Private trans. 53 (1) Atenant having a right of ACEUPANCY 1
fer of right ¥ unde
occupancy f section
under 5 may transfer that right by sale, gift or morty
Age,
section 5 vysubjeet to the conditions mentioned in this section,
tenant,
(2) If he intends to transfer the right by sale, pir
mortgage by conditional sale or usufruetuary rnm'l.;::;;:,.'a,,.'
shall cause notice of his intention to be served on hif;]];r;;dl_
lord through a Revenue-officer and shall defer proceeding
with the transfer lor a period of one month from the date ‘,.','
which the notice is served. '
(3) Within that period
e
of one month the landlord
od
may claim to purchase the right at such value as a Revenye.
officer may, on application made to him in this behalf, fix.
aC
(4) When the application to the Revenue-officer is t
fix the value of a right of occupancy which is already mort.
di
gaged, he shall fix the value of the rights as if it were no:
In
mortgaged.
(5) The landlord shall be deemed to have purchased
the right if he pays the value to the Revenue-officer within
such time as that officer appoints.
(6) On the value being so paid, the right of occupancy
shall be extinet, and the Revenue-officer shall, on the ap-
plication of the landlord, put the landlord in possession of
the tenancy.
(7) 1If 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 0
the tenant. . Ficer
(9) If there is such a charge the Revenue-o Cfl
shall, subject as aforesaid cither apply in discharge of th
mortgage-debt so much of the purchase-money a5 t
required for that purpose and pay the balance, if any,
i Ancy .pdm
{Amend ent),
met
52-A |added by the Punjub Tena
15ection by the India (Adaptation
omitted
Act 13?:'; 11{32]an IEIEl:':}, section 10],
Existing Laws) Order, 1947, cection 4(i).
TENANCY 49
1887 : Act XVI]
pending the
the tenant, or retain the purchase-moneyon Or persons
decision of a Civil Court as to the pers
entitled thereto.
of a tenancy,
(10} Where there are several landlords the
the landlord for
any one of them may be deemed to be
purposes of this section.
shall be instituted
(11) No suit or other proceeding any officer of the
apainst the '[Governmen t], or against
1
hing done by a Revenue-
![Government], in respect of anyt
ing sub-sections, but no-
officer under the two last forego vent any person entitled
thing in this sub-section shall pre purchase-money the
t of
to receive the whole or any par it has been paid
om
from recovering it from a person to wh
by a Revenue-officer. FProcedure o8
on
occupancy under , Froe stiTE
54, Where a mortgagee of a right of of
pos es to for ecl ose his mor tga ge, or oth erwise mortgrge
section 5 pro
e
t to the right, the pro- :;h‘lm?e:e:!fi;
od
enforce his lien on the lan d sub jec
far as they can g’
visions of the last foregoing section shall, so gee were the
aC
tga
be made applicable, apply as if the mor
di
tenant.
20 o men
(1) A right of oceupancy under section 5 may be under section 5
In
55.
sold in execution of a decree or order of a Court. of
noti ce of an inte nded sale of any such right t 'In execution
(2) But
any ik
shall be given by the Court to the landlord,theand,saleif attake s
time before the close of the day on which
officer con-
place the landlord pays to the Court or to the
tum on the
ducting the sale a deposit of twenty-five per cen to be the
highest bid made at the sale, he shall be declared
bid.
purchaser instead of the person who made that Trunsler of
y unde r any othe r sect ion than ("" " oeon
56. A right of occupanc
ution of @pancy under any
section § shall not be attached or sold in exec [0
us con- other (g on
hout the previo
secti
decree or order of any Court or, be,wittra nsferred by private bl st
cont in writing of the landlord
confract,
ights and lia-
of occu panc y has been tran sfer red i or trans-
57. When a right
ferree of right of
by sale, gift or usufructuary mortgage to a person other ceenpaney.
the land in
than the landlord, that person shall, in respect of
sub-
which the right subsists, have the same rights and be
m before the
jeet to the same liabilities as the tenant to who
transfer the right had belonged and was subject to.
the word “Crown” 1 ilu- mir; tation of Laws
15"71\_{”0".‘1:1}0& g
Order, 1950, g4
-
50 TENANCY (1887 : Act Xy,
Subletting, 58. (1) Ate nant having a right of occupaney in lang
¢
may, subject to the provisi ons of this Act and to the
]an:'
ditions of any written contract between him and his
any term m:.;
lord, sublet the land or any pa rt thereof for
exceeding seven years.
(2) A person to whom land is sublet by a tenant hay,
ing a right of occupancy therein shall, in respect of thay
e lord be jointly with the
land, and so far as re gards the land under
liabilities of the tenant
tenant, subject to all the
this Act.
Any tenant with a right of occupaney
of '[58-A. (1)
Jsht landlord, transfer his land ty
of ocurts may, with the consent of his tive
of theall the members of a Co-opera Society for the Consnli.
section
he and his landlord are
Azt by exchenge. dation of Holdings of w hichtheboth
m any other land in exchange,
obtain from
members and
in this Act or
(2) Notwithstanding anything contained
e
obtained in ex-
any other enactment in force, any land
change in pursuance of the praovisions of sub-
<hall be deemed to he subject to the sam
od
section (1)
e right of oceu.
aC
paney as the land given for it in exchange.l.
di
Succession.
In
Suecession 10 (1) When a tenant having a right of occupancy
59.
sight of oueu-in any land dies, the right shall devolve—
mancy. "
(a) on his male lineal descendants, if any, in the
male line of descent, and
(b) failing such descendants, on his widow, if any,
until she dies ot remarries or abandons the land
ted
or is under the provisions of this Act ejec
therefrom, and
on his
“[(¢) failing such descendants and widow,
widowed mother, if any, until she dies or re
marries or abandons the land or is under
provisions of this Act ejected therefrom.]
“{¢d) failing such descendants and widow, or widow-
od mother or, if the deceased tenant left a widow
or widow mother, then when her interest termi-
nates under clause (b) or (c) of this sub
section, on his male collateral relatives in the
1Added by Punjsb Act 2 of 1827, section H
for the old elause by Punjab Act 0 nf 1839, section
n“]‘-‘fiuil-'tirum,[
2(i).
fInverted by Punjab Act § of 1939, section 2(i),
TENANCY 51
1887: Aet XVT]
common ancestor
male line of descent from the ves.]
of the deceased tenant and those relati
'(d) of this sub-
Provided, with respect to clause land.
section, that the common ancestor occupied the
ose of clause *(d), land
*[Explenation.—For the purp deceased tenant or
obtained in exchange by the nce
ernst in pursua
any of his prec!ece.cnors-in-int
on (1), of section
of the provisions of sub-sectihave been acecupied
58-A shall be deemed to the land given for it
by the common ancestor if by him.]
in exchange was occupied
and collateral relatives
(2) As among descendants
the right shall, subject to
clainiing under sub-section (1) on, devolve as if it were
+he provisions of that sub-secti which the
in the village in
land left by the decessed
e
uate.
land subject to the right is sit
(3) When the widow of a deceas
ed tenant succeeds
y. she shall not transfer the
right by od
aC
10 a right of occupanc -lease for a term ex i
sale, gift or morigage or by sub
di
one year.
left no such persons
In
(4) If the de ce as ed ten ant has
me nt io ne d in sub -se cti on (1) on whom, his right of
as are
pa nc y ma y de vo lv e un de r tha t sub-section, the right
occu
shall be extinguished.
Irregular Transfers.
occupancy in Irregular
60. Any transfer made of a right of this Tight
Chapter tRnsofer
n of the for ego ing pro vis ion s of
contraventio the lan dlord. T
chall be voidahle at the instance of
CHAPTER V1
IMPROVEMENTS AND COMPENSATION
TImprovements by Landlords.
mis sio n of the Cole Tmproveme nts
t the pre vio us per
61. (1) Withou rov eme nt on the by./! landlo rda on
p
an imp
lector, a landlord shall not make ten- ’m&fiq
tenency of a tenant having a right of nceupancy.
improve- ot
(2) If a landlord desires to malke such an
n to make
ment, he may apply to the Collector for permissio
bracke!ts
"¢” in bracke by Pumjaj b Act IX of
,mi‘1Subs
:?g:? 2‘[}{“.for the 1
tituted letter “¢”
letter
by Punjab Act II of 1927, section 3. (This amendment
m-’é’:fiafl'fij‘f tr,j:;m ltht‘l! Izt day of .-\'_nr:l, 1920).
the etfer “c in brackets by Punjab Act IX4 of
b it
: y or
52 TENANCY [1887 . Act Xy
1
it, and the Collector shall, before making an ord
the application, hear the objection, if any, of the oo
(3) In making an order on an application under ng,
section (2) the Collector shall be guided by rules, Suh,
as the '[Central Government] may, * '+ o . My
: * make in this behalf,
. l-:r:hm!l"‘ll:flll 62. (1) When a landlord has, with the PErmiss
sideration of ap Mentioned in the last foregoing section, made an jpy,. sion
improvement ment on the tenancy of a tenant
a right of n,.nb' having
made
lord
by a
on the ten-
pancy
Iland-
he may apply to the Colle ctor for an e.'nham:p_-l-,.].,,',:'t
ancy of an occu-Of the rent of the tenant.
pancy tenant,
(2) 1f the tenant is a tenant to whorm section
29
plies. the Collector shall enhance his rent
to the share
rates, or with reference to the rent in gross, as the Caseo,
may be, paid by tenants, having a similar right of ey
pancy. for land of a similar description and
e
with similay
advantanges.
od
(3) If the tenant is a tenant to whom section
23 ap
aC
plies, the Collector shall enhance his rent to such amou nt
as the tenant would be liable to pay under that secti
di
nn §f
the land-revenue were re-adsessed.
In
(4) When the improvement ceases to exist, the Cal.
lector, may on the application of the tenant reduce ths
tenant's rent,—
() 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 occupancy
for land of a similar description and with similar
advantages ; and
(b) in the case of a tenant to whom sub-section (3
applies, to such an amount as the tenant would
be liable to pay if the land-revenue were &
assessed.
(5) Sections 25 and 26 shall be construed as apply
ing o an application under this section. and a suit shal_i
not lie in any Court for any purpose for which an applk
cation might be made under this section.
'Substituted for the words “State Government” by the Punjab Re-
organisation (Chandigarh) (Adapiation of Laws on State and Con
current Subjects) Order, 1968,
*The words “with the previous sanction of the )
liglfiouncil"
Governor-Generd
were repealed by the Decentralization Act, 1014 (V of
1887 : Act XVT] TENANCY 53
Title of boecus
T Tm];:wemcntg by Tenants. pancy ienant 0
having a right of occupancy is e
X enant e
pypgn e -eiiiiied T3,
to make improvements ofi his Jt;t'nnr*.('.‘\,r. oeceupancy Titie of tenants
64. (1) A tenant not having a right of
with the assentnet haviee right
may make improvements on his tenancy ;f,_;’:r'"?:,‘i?;m‘f
of his landlord. whether or not ments, =
(2) Ti at any time the question arises
an improvement by
the landlord assented to the making of
ancy, the assent may
a tenant not having a right of occup
be inferred from circumstances. tenan t before the com- Imprevemeits
65. Impr ovem ents made by a
to have been made 707 i
of this Act shall be deeme d
mencement the case of a tenant c?"&}:flt&mfit
unless in
in accordance with this Act, the im-
it is shown that
ot having a right of oceupaney of a written agree-
prove ment was made in contr avent ion )
e
landlord.
ment between him and his fif,
of decree, oOr inb;,f:f,"’iof‘,_"':efect-
66 A tenan t
notice
eject
of
ed in
eject
exccu
ment,
tion
od
<hall not be entitled topation
aC
a
begun by him after "ot
pursuance of
compensation for any impr ovem ent ich
service of the notice, wh
di
t, or
the institution of the sui
In
resulted in his ejectment. s (0 a te na nt a le as e of his Jenrs
eernty o yea
Testwe
¢7. If a landlord tender for
ars from ,, tenant to be
2
than twenty ye
tenancy for a ferm of not less the tenant, var to fight o
the date of the tend er st the rent then paid by
tender {f compepsation.
as ma y he ag re ed on, the
or at such other rent shall bar any claim by him to
accepted by the tenant, improvements previously
compensation in respect of
made on the tenancy. of this %‘“::::;{Mu;:
Subject to the foregoing provisions
68.
s ma de an im pr ov em en t on his For tmprovements
Chapter, a tenant who ha all not be eiected, to terants on
this Act sh
tenancy in accordance writh enhanced, '.:’,ffi;fi::«;[ ot
and the rent payable by him shall not be for the nts weat
he has received com pensation
until
improvement.
sat ion for Dis tur ban ces of Clearing Tenants.
Com pen ught compensation
69. ant who has cleared and bro
(I) A ten Hsturbance
in which he has not a for
u_nder cultivation waste-land -
from {hat land, be ,ff,tsl'm"g
right of occupancy shall, if ejected as compensation ’
entitled to receive from the landlord
mpensation for
for disturbance, in addition fo anv co by a Revenue
improvements a sum to be determined
merits
Court or Revenue-officer in accordance with the
D‘l:nfih-e case. but not exceeding five vears' rent of the
54 TENANCY (1587 : Act Xy
Provided that a tenant who is a joint owner of lang
fo which this section applies shall not be entitled to cop,
pensation for disturbance on ejectment from the lang
any part thereof.
(2) 1f rent has been paid for the land by division o
appraisement of the produce or by rates fixed with refer.
ence to the nature of the crops grown, or if no rent, or py
rent other than the land-revenue of the land and the rates
and cessels chargeable thereon, has been paid therefor, the
compensation may be computed as if double the amount
of the land-revenue of the land were the annual rens
thereof :
[Provided that in any estate of which the assessmens
has been confirmed on or after the twenty-second dav of
February, 1929, the compensation may be computed as if
four fimes the amount of the land-revenue of the land
e
were the annual rent thereof.]
od
Procedure in determining Compensation.
aC
o etaen_ 70. (1) In every suit by a tenant to contest his lia.
di
by Revenuve hility to ejectment or by a landlord to eject a tenant or
In
Courts, to enhance his rent, the Court shall direct the tenant to
file a statement of his claim, if any, to compensation for
improvements or for disturbance and of the grounds
thereof.
(2) If the Court decrees the ejectment of the tenant
or the enhancement of his rent it shall determine the
amount of compensation, if any, due to the tenant and shall
stay execution of the decree until the landlord pays into
Court that amount less any arrears of rent or costs proved
to the satisfaction of the Court to be due to him from the
tenant.
Q:Dflmm‘i;'j:m 71. In either of the following cases, namely :—
ol ot ey (a) when a notice has been served on a tenant
ors, |2 under section 44,
(b) when a notice of ejectment has been served on
a tenant under section 45 and the tenant has
not instituted a suit to contest his liability to be
ejected,
the tenant may apply to the Revenue-officer having autho-
rity to order his ejectment under section 44 or section 45,
1Added by Punjab Act IV of 1933, section 2.
1887 : Act XV1] TENANCY 55
compensa-
as the case may be, to determine the amount of rbanc
tion due to him for improvements or for distu e 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 prov-
ed 1o the satisfaction of the Revenue-officer to be due to the
landlord from the tenant,
72, In estimating the compensation to be awarded e e 2
under this Chapter to a tenant for an improvement, the :::.::wm.-; eoam-
Court or Revenue-officer shall have regard to— or;'-rnfi':m] ng im=
(a) the amount by which the value or the produce
“of the tenancy, or the value of that produce iz
increased by the improvement ;
(b) the condition of the imprevement and the proba-
e
od
ble duration of its effects ; )
(¢) the labour and capital required for the making
aC
of such an improvement ;
ad-
(d) any reduction or remission of rent or other
di
vantage allowed to the tenant by the land-lord
In
in consideration of the improvement ; and
rsion
(e) in the case of a reclamation, or of the conve
length of
of unirrigated into irrigated land, the
tenant has had the
time during which the
benefit of the improvement.
The com pen sat ion shal l be mad e by pay m ent Form of com-
73. (1)
be made in whole P"=°"
in money, unless the parties agree thatal itleas e of land or in
or in part by the grant of a benefici
some other way.
enue-
(2) If the parties so agree, the Court or Rev
ly.
officer shall make an erder according
Determination of
Relief in case of ejectment before the
Compensation.
or}:fli‘fml:c road
4. (1) If from any cause the amount of compensa-
fore determinz-
tion payable to a tenant— tion of compen-
nts or dis< cyo n,
(a) under this Chapter for improveme
turbance, or
uncut or un-
(b) under section 49 for the value of of land for
gathered crops or the preparation
56 TENANCY [1887 : Act xvy
has not been determined before the tenant is cject
ed,
ejectment shall not be invalidated by reason of the omis.
sion, but the Court or Revenue-officer which decree or who
ordered the ejectment may, on application made hy the
tenant within one year from the date of the ej
correct the omission by making in favour of the tenant 31'1:
order for the payment to him by the landlord of such cgr.
pensation as the Court or officer may determine the tenant
to be entitled to.
(2) An order made under sub-section (1) may he
executed in the same manner as a decree for MONey may he
executed by a Revenue Court.
CHAPTER VII
JURISDICTION AND PROCEDURE.
e
Jurisdiction.
Hevenne offi- od
aC
75. (1) There shall be the same classes of Revenue.
officers under this Act, as under the Punjab Land-revenue
di
Act, 1887, and in the absence of any order of the xv
*ICentral Government] to the contrary, a Revenue-officer of
In
any class having jurisdiction within any local limits under
that Act shall 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 b
the Punjab Land-revenue Act, 1887,
Applications 76. (1) The following applications and proceedings
f;‘d l’{‘]‘;f;“d""g; shall be dispoced of by Revenve-officers as such, and no
Revenny amecrs, Court shall take eornizance of any dispute or matter with
respect to which any such application or proceeding might
be made or had :
[Mimsr Crove,
(a) proceedings under section 27 for the adjuStm?nlt
of rents expressed in terms of the land-revenue:
“Substituted for the words “State Government” by the l"unja\"‘cE;:
organisation (Chandiparh) (Adsptation of Laws on State and
current Subjects) Order, 1068,
1887 : Act XVI] TENANCY 57
® » - - *
(ag) = s
sus-
(b) proceedings relating to the remission and
pension of rent under section 30;
(¢) applications under section 43 for the ejectment
of atenant against whom a decree for an arrear
of rent in respect of his tenancy has been passed
and remains unsatisfied ;
ion (5),
(d) applications under section 45, sub-sect a notice
for the ejectment of a tenant on whom
not
of ejectment has been served and who has be to
instituted a suit to contest his liahility under
ejected but has claimed compensation
section 713
section 54 for
(e) applications under section 53 or
occupancy ;
the fixing of the value of a right of
e
ion 54 by
(f) applications under section 53 or sect
lords for possession of land, the
land
right od of
aC
;
occupancy in which has become extinet
respect to
(g) proceedings under Chapter VI with
di
ements
the award of compensation for improv
In
or disturbanee ;
Seconp GrOUP
respect to the
(k) applications under section 17 with
division or appraisement of produce ;
under seetion 45, sub-section (5).
(i) applications
ce
for the ejectment of a tenant on whom a notinot
has
of ejectment has been served and who
be
instituted a suit to contest his liability to
ion und er
ejected and has not claimed compensat
seetion 71 ;
(7) application for the determination—
for land
(i) under section 49 of the rent payable at
occupied by erops uncut or ungathered the
for
the time of an order being made
ejectment of a tenant, or
by section 11 naf ofPunexjnb : Act XI of 1825
iCl auseemitt(ma) inserted Indin n (Adaptatio isti ng Indinn Laws)
has been ed by the
Order, 1047, sectlon 4 (1),
58 TENANCY [18R7 . Ary X\
) I
(it) under section 49 or section 74 of the va]
such crops or of the sum payabl. t.,m of
tenant for labour and capital £Xpended the
him in preparing lsnd for sowing: by
Tairn Grour.
(k) applications under section 31 by tenants 1,
posit rent ; te.
(1) applications under section 36 for seryjc.
notice of relinquishment ; -
(m) applications under section 42 for seryies ot
notice of ejectment ;
‘ (m) applications under section 52 or section 54 for
service of notice of intended transfer or of i,
tended foreclosure or other enforcement of liom
(2) Except as otherwise provided by any rule mad,
by the Financial Commissioner in this behalf— '
e
od
(a) a Collector or an Assistant Collector of the firs
grade may dispose of any of the applications and
aC
proceedings mentioned in sub-section (1) ;
di
(b) an Assistant Collector of the second grade, not
In
being a Naib-Tahsildar, may dispose of any of
the applications mentioned in the second and
third group of that sub-section ; and
(e) a Naib-Tehsildar when invested with the powers
of an Assistant Collector of the second grade
may dispose of any of the applications mention-
ed in the third group of that sub-section.
Rlevenue Courts 77. (1) When a Revenue-officer is exoreising juris.
end milts copnle diction with respect to any such suit as it desecribed in
avle by them. oyh section (3), or with respect to an appeal or other pro-
ceeding arising out of any such suit, he shall be called a
Revenue Court
(2) ‘There shall be the same classes of Revenue
Courts as of Revenue-Officers under this Act, and, in the
- absence of anv order of the ‘[Central Government] to tlh?
contrary, a Revenue-officer of any class having jurisdiction
within any local limits under this Act shall be a Revenu?
Court of the same elass having jurisdiction within the same¢
local limits.
ulSubs_tiEl;d_ ;o_r the wr..rd.»; “State Government” by the Punja b Re
(Adapiution of Laws on State and Con
organisation (Chandigarh)
current Subjeete) Order, 1968
1887 : Aet XVI] TENANCY 59
~ (3) The following suits shall be instituted in, and
lieard 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—
(1) where in a suil cognizable by and instituted jn_Frocedure
a Civil Court it becomes necessary to decide muter 15 raissd
any matter which can under this sub-section in o Civil Caurt,
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
v of
the particulars required by Order VII, rule 10,
1008,
Civil Procedure Code®, and return the plaint
for presentation to the Collector ;
e
(2) on the plaint being presented to the Collector
the Collector shall proceed to hear
mine the suit where the value thereof od and deter-
exceeds
aC
Rs. 1,000 or the matter involved is of the nature
di
mentioned in section 77(3), First Group, of the
Punjab Tenancy Act, 1887, and in other cases
In
may send the suit to an Assistant Collector of
the first grade for decision.]
Frast GROUP ) i
{a) suits bewteen landlord and tenant for enhance-
ment or reduction of rent under section 24 ;
(b)Y suits between landlord and tenant for addition
to or abatement of rent under section 28 or for
ecornmuistion of rent ;
(¢) suits under section 34 for determination of
ren! or sther sum on the expiration of the term
of an assessment of land-revenue "[and suils
polating to the rent to be paid under a mort-
page made in necordance with form (¢) as pres-
cribed by scetion 6 of the ‘Punjab Alienation
of Land Act 1900] ;
by e Punjah Tenanes (Amendment) v+, 1012 (Punjob
1Added
At of 1912), section 2.
il Act, 1900 (XU of
1 XITT of 1900 now st repenled by Adaptation
1 Amendment) Oeder, 1931
o the Adiptation of Lews (Thyrd Amendinent) Order,
&0 TENANCY [1887 : Act xw1
Seconp GROUP,
{d) suits by a tenant to establish a claim to a rigy,
of occupancy, or by a landlord to prove that ,
tenant has not such a right ;
(e¢) suits by a landlord to ejecta tenant ;
(f) suits by a tenant under section _45 to contest Ji,.
bility to ejectment when notice of ejectmeny
has been served ; .
(g) suits, by a tenant under section 50 for ra.
covery of possession or occupancy, or for com.
pensation 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 ;
(1) any other suit between landlord and tenant aris-
e
ing out of the lease or conditions on which ,
tenancy is held ;
od
aC
() suits for sums payable on account of village
cesses or village expenses ;
di
(k) suits by a co-sharer in an estate or holding for
In
a share of the profits thereof or for a settlement
of accounts ;
(1) 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 ;
Turep Grour
(n) suits by a landlord for arrears of rent or the
money-cquivalent of rent, or for sums recover-
able under section 14; 'lor 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] ;
(o) suits by a landowner to recover moneys claim-
ed as due for the enjoyment of rights in or over
land or in water includings rights of irrigation,
rights over fisheries, rights of pastuarage and
forest-rights ;
‘Added by Punjab Act No. 18 of 1083,
1887 : Act XVI] TENANCY 61
(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
H for the time being in force, and by a superior
ks 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 determine any of the suits mentioned
in the second and third groups of that sub-
section, and, if he has by name been specially
empowered in this behalf by the '[Central
' Government], any of the suits mentioned in the
e
first group ; and
od
>
(¢) an Assistant Collector of the second grade may
hear and determine any of the suits mentioned
aC
in the third group. .
di
Administrative Control.
In
-
Superinien
78. (1) The general superintendence and control ; ~iren comteal
and Revenue Courts shall of Revente offi-
over all other Revenue-officers
Hiree
be vested in, and all such officers and Courts shall be sub-£*7eit
ordinate to, the Financial Commissioner.
(2) Subject to the general superintendence and con-
trol of the Financial Commissioner a Commissioner shall
control all other Revenue-officers and Revenue Courts in
his division.
(3) Subject as aforesaid and to the control of the
Commissioner a Collector shall control all other Revenue-
_
officers and Revenue Courts in his district.
79. (1) The Financial Commissioner or a Commi s- o 1\, el
sioner or Collector may by written order distribute, in such yna withdraw snd
r caoes
manner as he thinks fit any business cognizable by any transfe
Revenue-officer or Revenue Court under his control,
(2) The Financial Commissioner or & Commissioner
or Collector may withdraw any case pending before any
Revenue-officer or Revenue Court under his control and
either dispose of it himself, ar by written order refer it for
disposal to any other Revenue-officer or Revenue Court
under his control.
Punjab
TSubatiiuted for The words “State Government”byState~the and
Reorganisation (Chandigarh) (Adeptation of Laws en Con-
current Subjects! Order. 1068,
62 TENANCY [1887 : Act x|
(3 An order under sub-section (1) or sy,
section (2) shall not empower any Revenue-officer o
Revenue Court to exercise any powers or deal wit)
any business which he or it would not be competen;
to exercise or deal with within the local limits of hjg
or its own jurisdiction.
Appeal, Review and Revision.
A zhonly 80. 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 5
Revenue-officer or Revenue Court, as follows, namely -—
(a) to the Collector when the order or decree
is made by an Assistant Collector of either
e
grade;
(b) to the
decree is made
Commissioner
od when
by a Collector;
the order or
aC
(¢) to the Financial Commissioner when the
di
order or decree is made by a Commis-
In
sioner :
Provided that—
(i) an appeal from an order or decree made by
an Assistant Collector of the first grade
especially empowered by name in that
behalf by the '[Central 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 confirm-
ed on first appeal, a further appeal shall
not lie;
(iii)) when any such order or decree is modi-
fied or reversed on appeal by the Collector,
the order or decree made by the Commis-
sioner on further appeal, if any, to him
shall be final.
_ Limitation for 81. The period of limitation for an appeal under
AP, the last foregoing section shall run from the date of
iSubstitutefor
d the words "Stale Government” the Punjib
Reorganisation (Chandigarh) (Adaptation of Laws on State and Con-
virrent Subjects) Order, 1968,
1887 : Act XVI] TENANCY 63
the order or decree appraled against, and shall be as
foliows, that is to say :— '
(a) when the appeal lies to the Collector—thirty
days: ’
(b) when the appeal lies to the Commissioner—
sixty days;
(¢) when the appeal lies 1o the Financial
Commissioner—ninety days.
82. (I) A Revenue-ofiicer, as such, may either of 7
his own motion or on the application of any party
interested. review, and on so reviewing maodify,
reverse or confirm any order passed by Thimself or by
any of his predecessors in office :
Provided as follows:—
(a) when a Commissioner or Collector thinks fit
e
to review any order which he
od
necessary
has mnot himself passed, and when a
aC
Revenue-officer of a class below that of
Collector proposes to review any order
di
whether passed by himself or by any of his
In
predecessors in office, he shall first obtain the
sanction of the Revenue-officer to whose
control he is immediately subject;
(b) an application for review of an order shall
not be entertained unless it is made within
ninety days from the passing of the order,
or unless the applicant satisfies the
Revenue-officer that he had sufficient cause
for not making the application within that
period;
(e} an order shall not be modified or reversed
unless reasonable notice has been given to
the parties affccted thereby to appear and
be heard in support of the order;
(d) an order against which an appeal has been
preferred shall not be reviewed.
(2) For the purposes of this section the Collector
shall be deemed to be the suceessor in office of any
Revenue-officer of a lower class who has left the dis-
triet or has ceased to exercise powers as a Revenue-
officer, and to whom there is no successor in office.
(3) An appeal shall not lie from an order refusing
to review, or confirming on review, a previous order.
64 TENANCY [1887 : Ph. Act XV]
Comprutation af 83, In the eomputation of the period for ap
periods i ]mi‘w1 appea] from, or an application for the review of, an
:‘?;:ucip:fi;:h for order under this Act, the limitation lhcrn‘l’or shall be XY o¢
governed by the Indian Limitation Act, 1877.
XV
veriee,
Power to eall 84. (1) The Financial Commissioner may at any
for, examine and oo for the record of any case pending before,
revise roceed-
or Revenue
ingn of Revenye- OT disposed of by any Revenue-officer
officers and Re- Coypt sybordinate to him.
Yee. Gourts (2) A Commissioner or Collector may call for the
record of any case pending bhefore, or disposed of by,
any Revenue-officer or Revenue Court under his
control. ) o
(3) If in any case in which a Commissioner or
Collector has called for a record he is of opinion that
the proceedings taken or the order or decree made
should be modified or reversed, he shall submit the
record with his opinion on the case for the orders of the
e
Financial Commissioner.
(4) If, after examining od a record called for by
aC
himsalf under sub-section (I) or submitted to him
under sub-gection (3), the Financial Commissioner is
di
of opinion that it is in expedient to interfere with the
In
proceedings or the order or decree, he shall pass an
order accordingly.
(5) If, after examining the record, the Financial
Commissioner is of opinion that it is expedient to
interfere with the proceedings or the order or decree
on any ground on which the *[High Court] 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 a Civil Court, he
shall fix a day for hearing the case, and may, on that
or any subsequent day to which he may adjourn the
hearing 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-section (5) a day for hearing the case,
no party has any right to be heard before the Financial
Commissioner when exercising his powers under this
section.
& & * * ®
iSee now the Indi_ar;_i-.l:n-l!;nli-m- Act, 1963, _q‘,xxx\"[ n.l_lfl_fi‘m-
“Substituted for the words "Chief Court” by Act XVIII of 1010,
1887: Pb. Act XVI] tEnancy 65
Procedure.
85. (1) The 'ICentral Government! may make Procedure of
rules® consistent with this Act for regulating the pro- Thevie nded
cedure of Revenue-oflicers under this Aet in cases in
which a procedure is not prescribed by this Act.
(2) The rules may provide, among other matters,
for the mode of enforcing orders of ejectment from,
and delivery of possession of immovable property,
and rules providing for those maiters may confer on a
Revenue-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
e
has adjudged ejectment from, or delivery of possession
of, such property.
(3) The rules may also provide for the mode of od
aC
executing orders as fo costs, and may adapt to pro-
di
_ ceedings under this Act all or any of the provisions
Vil of the Punjab Land-Revenue Act, 1887, with respeet
In
" to arbitration.
(4) Subject to the rules under this section, a
Revenue-officer may refer any case which he is em-
powered to dispose of under this Act to another
Revenue-officer for investigation and report, and may
decide the case upon the report.
86. (1) Appearances before a Revenue-officer as persons by whom
UC
such, and 1applications
inats to and acts to be done before appearances
R maiy
ede before
him, under this Act may be made or done— Revenue officers
i i not
fa) by the parties themselves, or i: fueh ll;rm-nm-
(b) by their recognized agenig or a legal practi- ©"™
tioner :
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 re-
auired by an order of the officer,
!Subs
5 tituteq 1 for the
t words “State
Stale Govee rnment”
3 b v the Punjaj b Re-g
:;g:msauunl (Chandigarh) (Adaptatio n of Laws on State and Con-
138 sfifl’“'&,’m Order, 1066,
es er 5. 85(1), HNotifi
Extrucrdinary, st Moreh, mss’.e;, Tl.;lfic{llllflfl No.
i
77 i
0. R B,
06 tENanNcy [1887: Pb. Aet Xy)
(2) For the purposes of sub-section (1), recog.
nized agents shall be such persons as the '[Centra)
Government] may by notification declare in thig
behalf.
(8) The fees of a legal practitioner shall not be
allowed as cost in any proceeding before a Revenye.
officer under this Act, unless that officer considers, for
reasons to be recorded by him in writing, that the
fees should be allowed.
Costs, 87. (I) A Revenue-officer may give and appor.
tion the costs of any proceeding under this Act in any
manner he thinks fit.
(2) But if he orders that the costs of any such pro-
ceeding shall not follow the event, he shall record his
reasons for the order.
e
Procedure of 88. (I) The od
'[Central Government]
regulating
may, ** *~*
aC
Revenue Courts. 1o opples consistent with this Act for
the procedure of Revenue Courts in matters under
di
this Act for which a procedure is not prescribed there.
In
by, and may by any such rule direct that any provi.
sions of the ‘Code of Civil Procedure shall apply, 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 pro-
visions of this Act—
(a) the ‘Code of Civil Procedure shall, so far as
it is applicable, apply to all proceedings in
Revenue Courts whether before or after
decree; and
T -E}-lulr:d fm-_lh;;; \-.'m-d‘:i:._?.lmE Government” by r.!v;-f’u:u.'ib ;.
ion (Chandigarh) (Adaptation of Laws on State und Con-
jeetz) Order, 1908
- “The words “with the previous sanction of the Governor-General in
Council” were repealed by the Decentralization Act, 1814 (v of
19141,
For rules, see Punjab Gazette 1902, Part I, p. 845
“Uee now the Code of Civil Procedure, 1908 (Act V of 1008).
1867 : Ph. Act XVI] tENANCY 67
(b} the Financial Commissioner shall, in res-
peci of those proceedings, be deemed to be
the High Court within the meaning of that
Code, and shall subject to the provisions of
this Act, exercise, as regards the Courts
under his control, all the powers of a High Court
under the Code.
Power of . Re-
83, (1) A Revenue-officer or Revenue Court may or
summon any person whose attendan ce he or ity
considers necessary for the purpose of any application, =i
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 practilioner.
e
(3) The person attending in obedience to the sum-
mons shall be bound to state the truth upon any
od
aC
matter respecting which he is examined or malkes
statements, and to produce such documents and other
di
things relating to any such matter as the Revenue-
In
officer or Revenue Court may require.
Mede of sarvice
90, (I) A summons issued by a Revenue-officer f summons
or Revenue Court shall, if practicable, be served®
(a) personally on the person to whom it is addressed,
or failing him on (b) his recognized agent, or (c) an
a2dult male member of his family who is residing with
him,
(2) 1f service cannot be so made, or if acceptance
of service so made is re fused, the summons may be
served by posting a copy thereof at the usual or last
known place of residence of the person (o whom it is
addressed, or, if that person does not reside in the dis-
trict in which the Revenue-officer is employed or the
Revenue Court is held and the case to which the
summons relates has reference to land in that district,
then by posting a copy of the swmmons on some
place in or near the esiate where the
conspicuous
land is situate.
(3) If the summons relates to a case in which
persans having the same interest are so numerous that
personal service on all of them is not reasonably
68 TENANCY [1887 : Pb. Act X\Tl. A
practicable, it may, if the Revenue-officer
Court so directs, be served by delivery 3; F:E‘«'iénun
thereof to such of those persons as the officer or C; X
nominates in this behalf and by proclamation of tui:-t
contents thereof for the information of the oty .
persons interested. =
(4) A summons may il the Revenue-officer o
Revenue Court so directs, be served on the persop
named therein, either in addition to, or in substitutiny
for, any other mode of service, by forwarding the
summons by posi in a letter addressed to the persan
and registered under Part 11T of the Indian Post Offiee
Act, 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 officer or Coyrt
e
may presume that the summons was served at the
od
time when the letter would be delivered in the ordi
narv course of post.
aC
Mode of service 91. A notice, order or proclamation, or copy of
di
:rf “;fl?m ten any such document, issued by a Revenue-Officer or
In
ot copy thereot. 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.
Additions! 92. When a proclamation relating to any land is
;’;"” of Jumen issued by a Revenue-Officer or Revenue Court, it shall,
i ™ in addition to any other mode of publication which
may he prescribed by any enactment 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 fo
which it relates.
in the
(1) Any number of tenants cultivtheatingRevenu
e 93. e-
fnts
e Derds “same estate may, in the discretion of
leting to remt, Officer or Revenue Court and subject to any rules
which the */Central Government] may make In this
1See now the Indian Post Office Act, 1898 (VI of 1898). jab Re-
the Pun d Cone
2Substituted for the words “State Goy.vent” onby State
organisation (Chandigerh) (Adaptation an
of Liws
current Subjects) Order, 1668,
1887: Pb, Act XVI] 1enancy 69
behalf, b " fo any proceeding: under
Chonicy 75y made parties
(2) But ka decree or order sh all
Eu:h pl:occed_mg unless the i ’
Rt!\'enue-g?fitczf n;f dgrficgflz
urt 1s.sat1_sfied that all the parties thereto have had
an opportunity of appearing and being heard.
j H{SJ A_;Iecree or order made in any such proceeding
shall specify the extent to which each of the tenants is
affected thereby.
5 “;- I\’ofhiing in section 424 of the 'Code of Civil ¥Exception of
XIv
1862,
of rocedure. or in section 36 of the *Punjab Municipal Jo s o
3T of Act, 1884, shall be construed to apply to a suif of a class e e
1884, mention ed in section 77 of this Act. sretonty .
95. (1) When a defendant admits that monev is Paymest iaste
e
due from him on account of rent, but pleads thaf it ¥s S35t f menty
due not fo the plaintiff but to a third person, the Court so asod ‘e
aC
chall, excent for spacial reasons to be recorded by it persan
refuse to take cognizance of the plea unless the
di
defendant pavs inta Court the amount so admitted to
In
he due.
(2) Where such a pavment is made the Court shall
forthwith cause notice of the pavment fo be served an
the third person.
(3) Unless the third person within three months
from the receipt of the notice institutes a suif against
the plaintiff and therein obiains an order restraining
pavment of the monev, it shall be paid to the plaintiff
on his application to the Court therefor.
(4) Nothing in this scetion shall affect the right 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, as the case may be.
15ee now the Code of Civil Procedure, 1908 (Act V of 1008),
*See now the Punjab Municipal Act. 1011 (Punjab Act IIT of 18110,
TENANCY [1887 : Ph. Act XV1
0
‘:_'::c;.:m of 86. A court passing a decree for an arvear of reat
cation of the decree-hol der, order
foree fof AFFSTT" may, on the oral appli
against the movea ble prope rty of
execution thereof
and against any uncut or ungf"'h"-“"-"i crops
the tenant, the arrear is
tenancy in respeet of which
on the
decreed.
of 45 A tenant shall not, : during the eontinuance of:
Previbitian s : appli-
fmpris
r:m' ..,: '_{h
:
ls nec upa ney , be liable fo imprisonment on the for an
r‘-mm,": ree
dlord in exorution of a dec
ction of decrees cation of his lan
i arrear of rent.
ding pending before 2
a8, (1) If, in any proceegin
D e al, appellate or revi-
e e " Revenue Court exercising oritn the Court that any
sinnal jurisdiction, it apears
on in iss ue is mor e pro per for decision by a Civil
que sti the previous
with
Court, the Revenue Court may. the control of which
sanction of the Court, if any, to
e, by order in writing,
e
it is immediately subject, requir
any party to the proceeding to ins
time as it may
od
titute, within such
fix in this behalf,
Civil
a suit in the
aC
a decision on the
Court for the purpose of obtainingwith the requisition.
question, and, if he fails to comply
di
may decide the question as it thinks suifit.
In
the party institutes the t in complianee
(2) If
rt shall dispose
with the requisition, the Revenue Cou accordance with
of the proceeding pending before it in
first instance ¢
the final decision of the Civil Court of
appeal, as the case may be.
Powerto refer 99. (1) If the presiding officer of a Civil er
in instituted
which a suit has been
o i Coutpoyenue Court from taking cogni-
Jurisdiction, doubts whether he is precluded
through the
zance of the suit, he may refer the matter
[District Judge] or Commissioner, or, if heis a
![Distriet Judge] or Commissioner directly to the
‘[High Court]. gh
(2) On any such reference being made, the *[Hipro-
er to
Court] may order the presiding officer eith
nt for presenta-
eced with the suit or to return the plai order declare
tion in such other Court as it may in its
to be competent to take cosnizance of the suit. such
(3) The order of the *[High Court] on any
reference shall be conclusive as against persons who
Tmiah Conrts Act.
118 (UI Of 19318), section 49,
sBubstituted for the words “Chief Court” by Act XVIIL of 1,8
1887: Pb. Act XVI] 7enancy i
are not parties to the suit as well as against persons
who are parties thereto.
nalni"l}}“" :E) In either of the following Power of HIgh
cases, Conrt 0 valizate
(a) if it appears to a Civil Court that a Court ™ mistake o=
under its control hag determined 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, 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
e
od
the suit to the '[High Court].
(2) If on perusal of the record it appears to the
aC
‘[High Court] that the suit was so determined in good
faith, and that the parties have not been prejudiced by
di
the mistake as to jurisdiction, the '[High Court]
In
may arder that the deeree be registered in the Court which
had jurisdiction,
(3) If it appears to the '[High Court], other-
wise than on submission of a record under sub-
section (1), that a Civil Court under its control has
determined 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] may pass any order which it might have
passed if the reeord had been submitted to it under
that sub-section.
(4) With respect {o any procecding subsequent to
decree, the '[High Court] may make such order for its
registration in a Revenue Court or Civil Court as in
the circumstances appears 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
Proceeding 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.
*Substituted for the words "Chief Court” by Act XVIIL of 1918,
12 TENANCY [1887 : Pb. Act XVI
(6) The provisions of this section shall apply to any
suit instituted on or after the first day of November,
1884, and to proceedings arising out of any such suit,
Miscellaneous.
Place of sitting, 101. (1) An Assistani 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 exercise his or its powers under this Act
within the local limits of his or ils jurisdiction.
Holidays. 102. (1) The Financial Commissioner, with the
approval of the '[Central Government], shall publish
in the *[Ofiicial Gazette] before the commencement of
e
each calendar year a list of days to be observed in that
vear as holidays by all or any od
Revenue-officers and
aC
Revenue Courts.
(2) A proceeding had before a Revenue-officer or
di
Revenue Court on a day specified in the list as a day
In
to be observed by the officer or Court as a holiday shall
not be invalid by reason only of its having been had
on that day.
Discharge ot 103. When a Collector dies or is disabled from
duties of Collec- performing his duties, the officer who succeeds tempo-
tor dying or be-
Ing disabled, rarily to the chief executive administration of the dis-
trict under any orders which may be generally or
specially issued by the *[Central Government] on this
behalf, shall be deemed to be a Collector under this
Act.
Retention of 104. When a Revenue-officer of any class who,
powers by
venus-officer
Feeither as such or as a Revenue Court, has under the
transfer foregoing provisions of this Act any powers to be
exercised in any local arca is transferred from that
local area to another as a Revenue-officer or Revenue
Court of the same or a higher class, he shall continue
to exercise those powers in that other local area, unless
the ‘[Central Government] otherwise directs or has
otherwise directed.
'Substituted for the words “State Government” by the Punjab Re-
organisation (Chandigarh) (Adaptation of Laws on State and Con-
current Subjects) Order, 1968,
“Substituted for the words “Local Official Gazette” by the
Government of India (Adaptation of Indian Laws) Order, 1037,
1887 : Pb. Act XVI] tenawcy 73
nferment of
The *[Central Government] may, bypo Co
wers of Roves
105. (1)
=not_ification confer on any person— nuesfeer or Re-
t,
(a) ‘Elgn':;;‘;% of flé! powers of a Financi a] venue Cour
ner, Commissioner or
under this Aect, mll'nmm“‘lnnnl o Caliegtes
(b) i;sioé't:rfiycfiflthe powers with which an
1 ollector of either grade is, or ma
be, invested thereunder, MR ¥
and may by notification withdraw any powers so con-
ferred.
(2) A person on whom powers are conferred under
sub-section (I) shall exercise those powers within
fuch local limits and in such classes of cases as the
(Central Government] may direct, and, except as other-
wise directed by the '[Central Government], shall for
all purposes connected with the exercise thereof be
e
Commissioner,
deemed a Financial Commissioner,
Collector or Assistant Collector, as the case may be. od
aC
of a
) (3) Beiore conferring powers on the Judge
sub-section (1), the 1[Central
di
Civil Court under
shall consult the *[High Court].
In
Government]
under see-
(4) If any of the powers of a Collector d
conferre
tion 78, section 79, section 80 or section 82 areunle ss the
on an Assistant Collector, they shall, r otherwise
‘[Central Government] by special ordethe control of 1o
directs, be exercised by him subject
the Collector.
ner may, in
106, (1) The Financial Commissio
be made by him
addition to the other rules which may
sloner to
nt with this Act rules,
under this Act, make rules ‘eonsiste being in force,—
e
and any other enactment for the tim
anything in
(a) determining, notwithstanding unt
and amo
any record-of: -rights, the number
and at
of the instalments and the times by
which rent is to be paid;
the Punjab Re-
“State Gover nnmnt“- by
1Substituted for the words a piation of Laws on State and Con-
(Ad
arganisation (Chandigarh)
current Sub jec ts) Ord er, 1068 , Part T,
Punjob Goxette, 1908,
Government
=For Notification, see
1918,
B 928, icf Court” by Act XVII 108 of (1),
aSubstituted for the words "ChCon see
‘For rules missioner
the Financial
und er s
1st March,
78 and 79, Punjab Gazefte, Extr aordinary,
ne®Neation Mos,
1886, pp. 61 end £6, respectively.
74 TENANCY [1887: Ph, Act XV]
(b) for the guidance of Revenue-olficers jp
determining, for the purposes of this Acy
the amount of the land-revenue of anf
land;
(¢) preseribing, for all or any of the territories
to which this Act extends, the periods during
which, in proceedings held under this Act,
a Revenue-oflicer or Revenue Court is not,
except for reasons of urgency to be recorded,
to issue any process of arrest against a
{enant or against a landowner who cultivates
his own land;
(d) regulating the procedure in cases where
persons are entitled to inspeet records of
Revenue-offices or Revenue Courts, or tg
obtain copies of the same, and prescribing
the fees payable for searches and copies;
e
(e) prescribing forms for such books, entries,
statistics and accounts as the od
Financial
aC
Commissioner thinks necessary to be kept,
made or compiled in Revenue-offices or
di
Revenue Courts or submitted to any
In
authority;
() declaring what shall be the language of any
of those offices and Courts, and determining
in what cases persons practising in those
offices and Courts shall be permitted to
address the presiding officers thereof in
English; and
(g) generally for the guidance of Revenue-
officers and other persons in matters con-
nected 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.
(3) Rules made by the Financial Commissioner
under this or any other section of this Act shall '[be
made subject to the control of] the *[Central Govern-
ment].
1887: Ph: Act XVI] zewawcy 75
Rules to be
je t’I']‘ll[E ! POW under this Act
er to make any ionruleofs the rade after pre-
1is5
*flg
Aunjec ~ con
theion®,
“Tto icat dit rules being vinun publieation,
made after previous publ
# 108. Al powers conferred by this Act on the cieable by
Powesrs
Finsn-
oxer-
nancia] Commlssmner may be exercised from time clinl Commis«
to time as oceasion requires, ulone’,
CHAPTER VIII.
ErrFecT OF THIS Act on RECORDS-OF-RIGHTS AND
AGREEMENTS.
Nulllty of cer-
109. An entry in any record-of-rights providing— tain entries i
records of rights.
e
(@) that a landlord may prevent a tenant from
od
making, or eject him for making, such im-
provements on his tenancy as he is entitled
aC
to make under this Act, or )
(b) that a tenant ejected from his tenancy shall
di
not be entitled to compensation for improve-
In
ments or for disturbance in any case in
which he would under this Act be entitled
to compensation therefor, or
(€) that a landlord may eject a tenant otherwise
than in accordance with the provisions of
this Act, shall be void to that extent.
Mullity of certain
110. (1) Nothing in any agreement made between greements cons
a landlord and a tenant after the passing of this Act trary to the Aet
shall—
(a) override any of the provisions of this Act
with respect to the acquisition of a right of
occupancy, or the reduction, remission or
suspension of rent, or the enhancement of
the rent of a tenant having a right of occu-
pancy under section 5 or section 6, or
control of the Governor-General in Couneil
1Phe words “to the
repealed by the Devolution Act, 1020 (XXXVII of 1820,
and" were
¢ 2 ang Sch. 1
of rules after “previous publication”
2For provisions as to making
tee the General Clauses Act, 1807 (X o 1807), 2 &3
TENANCY (1887 : Ph. Act XVI
76
aw ay or li mi t th e right of a tenant as
(b) take Act to _ma‘kc improve-
determined by this pensation therefor, or,
ments and claim ecomfor disturbance can be
where compensation to claim such com-
claimed under this Act,
pensation, Or
sq
to eject a tenant qthmvi of
(c) entitle a landlord th ‘the provisions
than in accordance wi .
this Act.
. in clause (a) of sub-section (1) shall
Ho fa 26 23 2 s ( 8 ) tenant binds himself
(f) e-
e
en ha nc ed ren t in co nsideration of_ an improv
to péy an is to be, made in respec
t of
wh ic h has bee n, or
ment e of, his landlord, and
pens
his tenancy by, or at the ex ed.
tenant is not otherwise entitl
to the benefit of which the
e
Saving . 111, Save as expressly od provided in
shall affect the operation of the
this Act,
any
aC
.g nm m: :: :; na th in g in thi s Act
when
re em en t be tw ee n a ]andlord and a tenant,
di
fn wTi tin g ag
en t eit her is in wr it in g or ha s been recorded in
agreem g’ of ‘the Punjab
In
co rd -o f- ri gh ts be fo re the pa ss in
2 re en entered by order of =
Land-Revenue Act, 1887, or be X==
record T
s of annual
Reventie-officer in a record-of-ri.ght
urider the provisions of that Act
112.. An entry made with respect to any of the
et A
the eighteenth day of Novem-
tl:l.n entriss mlfaolluwi%g matters before by the proper officer, in the
recorés-ct. her, 1871, and attested oned by the sancti
:fifi,f’i’g;"“ record of a regular settlement
[Central Government], namely :—
(@) the enhancement or abatement of the rent
of a tenant having a right of occupancy, cf
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 pro-
cedure of a like nature, or - :
—
te Governmnet" by the ‘lejlb Re-
1Substituted for the words(Ada“Sta 4 Con-
organisation (Cha ndig arh)
1080 ,
ptat
apta
i
tion of Law s on State and
) OLI
rurrent Subjects
1887 :.Fb. Ack XVI] TENANCY 77
(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 cr
succession to land in which such a right
subsists,
shall be deemed to be an agreement within the mean-
ing of the last foregoing section.
THE SCHEDULE.
[Repealed by the Repealing and Amending Act, 1891
(X7 of 1891), 8. 2(1) and first Schedule.]
e
od
aC
di
In
India Code, Government of India. Text fetched 10 Oct 2026. Check the linked official text and subsequent notifications when applying a provision.