Chandigarh · Act 16 of 1887

The Punjab Tenancy Act, 1887

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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        2,    Repealed,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    Repealed.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

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