LexThe Punjab Tenancy Act, 1887
Punjab · state statute
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PUNJAB TENAN CY ACT, 1887 , (Act No. 16 of 1887) gra-07T c As aaint /D4 Application to Punjab & Haryana ALOW-GWITif THE PUNJAB TENANCY RULES, 1909 THE PUNJAB PETITION WRITERS (REVENUE) RULES, 1982 THE PUNJAB OCCUPANCY TENANTS (VESTING OF PROPRI- ETARY RIGHTS) ACT, 1952 LATEST CASE LAW 2.00 NOTIFICATIONS PUNJAB LAW AGENCY © Copy Rights Reserved With Publishers Important Note Although meticulous care and cautions have been taken to avoid any mistakes or omissions while edit- ing, printing or publishing the book. Readers are ad- vised to verify the text with original gazette as published by concerned authority. Neither the company nor is the proprietor, Editor, Printer or Publisher be held responsible or liable in any case manner for loss or damage caused to its subscrib- ers/Readers. Due to mistakes our omissions that might have crept in despite care and caution. No part of this book can reproduced in any form without prior written permission of the publisher. Violation of this, would follow serious legal action. The sale and cir- culation of the journal is subject to the aforesaid terms and conditions. Printed, Published & Owned by : Sharanjit Singh Kalra Punjab Law Agency S.C.O. 4 and 5 (First Floor) Above S.B.I. Treasury Branch Behind K.C. Cinema, Sector 17-B, Chandigarh. 160017 Phone : 0172-5071706, Mobile 9815652222 THE PUNJAB TENANCY ACT, 1887 (Act No. 16 of 1887) CONTENTS 1. 2. 3. 4. Sections Page CHAPTER - I : PRELIMINARY Nos. 2 2 2 2 Short Title, extent and commencement Power to make rules in anticipation of commencement Repeal Definitions CHAPTER - II : RIGHT OF OCCUPANCY 5. Tenants having right of occupancy 8 6. Right of occupancy of other tenants recorded as having the right before passing of Punjab Tenancy Act, 1868 9 7. Right of occupancy in land taken in exchange 10 8. Establishment of right of occupancy on grounds other than those expressly stated in Act 10 9. Right of occupancy not to be acquired by mere lapse of time. 10 10. Right of occupancy not to be acquired by joint owner in land held in joint ownership. 10 11. Continuance of existing occupancy-rights 10 CHAPTER - Ill : RENT:- RENTS GENERALLY 12. Respective rights of landlord and tenant to produce 11 13. Commutation and alteration of rent 11 14. Payments for land occupied without consent of landlord 12 15. Collection of rents of undivided properly 13 PRODUCE RENTS • 16. Presumption with respect to produce rents removed before division or appraisement 13 IV CONTENTS 17. Appointment of referee for division or appraisements 13 18. Appointment of assessors and procedure of referee 13 19. Procedure after division or appraisement. 14 20. Enhancement of produce-rents of occupancy-tenants 14 21. Reduction of rents referred to in the last foregoing sections [Cash rents paid by Tenants having Rights of Occupancy] 14 22. Enhancement of cash rents of occupancy tenants 15 23. Reduction of rents referred to in the last foregoing sections 15 [General provisions relating to Suits for Enhancement or Reduction of Rent] 24. Enhancement and reduction of rent by suit 15 25. Discretion as to extent of enhancement or reduction 16 26. Time for enhancement or reduction to take effect 16 27. Adjustment of rents expressed in terms of the land revenue 16 27.-A. Omitted 17 28. Alteration of rent on alteration of area 17 29. Remission of rent by Courts decreeing arrears 18 30. Remission and suspension of rent consequent on like treatment of land revenue 18 31. Power to Deposit rent in certain cases with revenue officer 19 32. Effect of depositing rent 20 33. Recovery of rent from attached produce 20 Lease for period exceeding term of assenting Land Revenue 34. Treatment of leased for period exceeding or equal to terms of assessment of land revenue 21 CHAPTER - IV : RELINQUISHMENT, ABANDONMENT AND EJECTMENT 35. Relinquishment by tenant for a fixed term 21 36.• Relinquishment by any other tenant 22 37. Relinquishment of part only of a tenancy 22 38. Abandonment of tenancy by occupancy tenant 22 LIABILITY TO EJECTMENT 39. Grounds of ejectment of occupancy-tenant 22 40. Grounds of ejectment of tenant for a fixed ferm 23 41. Ejectment of tenant from year to year 24 CONTENTS V PROCEDURE ON EJECTMENT 42. Restriction on ejectment 24 43. Application to Revenue Officer for ejectment 24 44. Ejectment for failure to satisfy decree for arrear of rent 24 45. Ejectment of tenant from year to year by notice 24 46. Power to make rules 25 GENERAL PROVISIONS RESPECTING EJECTMENT 47. Time for ejectment 26 48. Relief against forfeiture 26 49. Rights of ejected tenants in respect of crops and Land prepared for showing 26 Relief for Wrongful Dispossession 50. Relief for wrongful dispossession or ejectment 27 50-A. Bar to civil suits 27 51. Bar or relief by suit under Section 9, Act I of 1877 27 Power to vary dates Prescribed by this Chapter 52. Power for (State) Government to fix dates for certain purposes 27 52-A. Omitted 28 CHAPTER - V : ALIENATION OF AND SUCCESSION TO, RIGHT OF OCCUPANCY ALIENATION 53. Private transfer of right of occupancy under Section 5 by tenants 28 54. Procedure on foreclosure of mortgage of right of occupancy under Section 5 29 55. Sale of right of occupancy under Section 5 in execution of decree 29 56. Transfer of right of occupancy under any other section than Section 5 29 57. Rights and liabilities of transfer of right occupancy 29 58. Subletting 30 58-A. Transfer of right occupancy under any section of the Act by exchange 30 59. Succession to right of occupancy 30 60. Irregular transfer or right of occupancy 31 VI CONTENTS CHAPTER - VI : IMPROVEMENTS AND COMPENSATION IMPROVEMENTS BY LANDLORDS 61. Improvements by landlords on tenancies of occupancy tenants 62. Enhancement of rent in consideration of an improvement made by a landlord on the tenancy of an occupancy tenant. IMPROVEMENTS BY TENANTS 63. Title of occupancy tenant to make improvements 64. Title of tenants not having right of occupancy to make improvements 65. Improvements made before commencement of this Act 66. Improvements begun in anticipation of ejectment 67. Tender of lease of twenty years to tenant to be a bar to right to compensation 68. Liability to pay compensation for improvements to tenants on ejectment or on enhancement of his rent. 69. Compensation for disturbance of clearing tenants. 70. Determination of compensation by Revenue Courts. 71. Determination of compensation by Revenue officers 72. Matters to be regarded in assessment of compensation for improevements 73. Form of compensation 74. Relief in case of ejectment before determination of compensation CHAPTER - VII : JURISDICTION AND PROCEDURE JURISDICTION 75. Revenue officers 76. Applications and proceedings cognizable by Revenue officers 77. Revenue Courts and suits cognizable by them ADMINISTRATIVE CONTROL 78. Superintendence and control of Revenue Officers and Revenue :Courts 79. Power to distribute business and withdraw and transfer cases APPEAL. REVIEW AND REVISION 45 33 34 34 34 35 36 36 38 80. " Appeals 81. Limitation for appeals CONTENTS VII 89. Power of Revenue Officers of Revenue Courts to summon persons 33 90. Mode of service of summons 91. Mode of service of notice, order or proclamation or copy thereof Additional made of publishing proclamation 33 33 33 33 _ 82. Review by Revenue officers 32 83. Computation of periods limited for appeals and applications for review 32 84. Power to call for examine and revise proceedings of Revenue officers and Revenue Courts 48 85. Procedure of Revenue Officers 50 86. Persons by whom appearances may be made before Revenue officers as such and not as Revenue Courts 87. Costs 92. 88. Procedure of Revenue Courts 52 52 51 51 51 48 45 54 54 54 55 56 56 57 57 57 58 53 53 93. Joinder of tenants as parties to proceedings relating to rent 53 94. Exception of suits under this Act from operation of certain enactments 35 95. Payment into Court of money admitted to be due to a third persons 96. Execution of decrees for arrears of rent 35 97. Prohibition of imprisonment of tenants in execution of decrees for arrears of rent 54 98. Power to refer party to Civil Court 55 99. Power to refer to High Court questions as to jurisdiction 55 100. Power of High Court of validate proceedings held under mistakes as to jurisdiction Miscellaneous - 101. Place of sitting 43 102. Holidays 44 106. Power for Financial Commissioner to make rules 43 103. Discharge of duties of Collector dying or being disabled 104. Retention of powers by Revenue officers on transfer 105. Conferment of powers of Revenue Officer or Revenue Court VIII CONTENTS 106A. Licensing of petition writers in Revenue Courts and Revenue Offices 59 11Punjab Amendment' 108. Powers exercisable by Financial Commissioner from time 107. Rules to be made after previous publication 59 to time 59 CHAPTER - VIII : EFFECT OF THIS ACT ON RECORDS OF RIGHTS AND AGREEMENT THE PUNJAB TENANCY RULES, 1909 CONTENTS 109. Nullity of certain entries in record-of-rights 59 (i) Limitation of powers of Naib-Tahsildars 62 110. Nullity of certain agreements contrary to the Act 60 (ii) Limitation of powers of other Assistant Collectors of 2nd 111. Saving of other agreements when in writing 6C grade 62 112. Effect of certain entries made in records-of-rights before November, 1871 61 2. (i) Statements and pleadings to be brief (ii) Verification of applications 62 62 The Schedule—Enactment repealed 61 3. Proceeding not to abate on death or marriage of party 63 4. In fixing dates etc., Revenue Officer to follow procedure of Revenue Court Commission 63 5. Repealed 63 6. Expenses of Witnesses 63 7. Record of other proceedings under Tenancy Act 63 8. Contents of orders 63 9. Appointment and recovery of costs 63 10. Execution of order of ejectment, etc. 64 11. Arbitration 64 ONGUAGE OF REVENUE OFFICES AND COURTS 12. Language of Revenue Courts and Offices 64 13. Repealed 64 14. Processes of arrest not to be issued between certain dates 64 15. Contents of application for issue of notices of ejectment etc. 65 16. Appearances of Pleaders and Mukhtars in proceedings before the Financial Commissioner 65 17. Contents of applications for revision 66 18. Repealed 66 THE PUNJAB PETITION WRITERS (REVENUE) RULES; 1982 - CONTENTS Sections Page No. 1. Short title and commencement 67 2. Definitions 67 3. Prohibition to Practice as Petition writer without licence 68 4. Prohibition to receive petitions 68 5. Number of petition writers 68 6. Licensing Authority 68 7. Eligibility for grant of licence 68 8. Application for licence 69 9. Fees 69 10. Grant of refusal of a licence 69 11. Period of validity of licence 69 12. Renewal of licence 69 13. Licence lost or damaged 70 14. Conditions on which licence remains in force 70 15. Shifting of place of business by the licensee 70 16. Manner of writing petition by a licensed petition-writer 70 17. Seal 71 18. Registers of petition-writers to be kept 71 19. Declaration to be made on the petition 71 20. Petition-writer to sign and seal the petition and make certain endorsements 71 21. Employment of other persons to write petitions 71 22. Not to act as recognised agent 71 23. Not to engage in trade or business 71. CONTENTS XI 24. Production of licence for inspection 71 25. Fee charges for writing petitions 72 26. Suspension or cancellation of licence 72 27. Surrender of licence 72 28. Rules for practice 72 29. Order to re-write a petition 73 30. Striking off the name from register 73 31. Name of the petition-writer whose licence has been suspended to be posted at a conspicuous place 73 32. Order prohibiting practice 73 33. Cognizance 74 34. Appeal 74 35. Review 71 FORMS & SCHEDULE 74-79 THE PUNJAB OCCUPANCY TENANTS (Vesting of Proprietary Rights) Act, 1952 (Punjab Act No. 8 of 1953) CONTENTS Sections Page No. 1. Short title, extent and commencement 81 2. Definitions 82 3. Vesting of proprietary rights in occupancy tenants and extinguishments of corresponding rights of landlords 83 4. Determination of compensation payable to landlord 84 5. Principles of compensation 85 6. Payment of Compensation 86 7. Appeal, review and revision 86 8. Certain mortgages and charges not enforceable against land held by occupancy tenants 87 9. Act not to apply to evacuee property 88 10. Bar of jurisdiction 88 11. Bar to legal proceedings 89 12. Power to make rules 89 13. Repeal and saving 90 li THE .`k?P'41 PUNJAB TENANCY ACT, 1887 fv:ft 1173aTZST 41-4 MTN & f)2 q b,7 Chapter - I : Preliminary agrat Case Law Punjab Land Revenue Act, 1887—Occupancy rights—Exparte proceedings— Mutations—Summons sent to a wrong address supplied by the respondents tenants—Impugned order—Assistant Collector had withdrawn its Exparte order— The very basis of mutation enteries became non est—Order regarding entries of— Mutations cannot be maintained. ; Kanwar Bhan v. Rashid : 2008(3) ALL INDIA LAND LAWS REPORTER (FC) 546 Civil Procedure Code, 1908, Order 23, Rule 1—Punjab Security of Land Tenures Act, 1953—Civil Court has no jurisdiction to entertain the suit for possession of the agricultural land as the suit for eviction of a lessee/tenant can be filed only before the Revenue Court under the provisions of the Punjab Tenancy Law read with Punjab Security of Land Tenure Act, 1953—The provisions of the those Acts are applicable only in case the landlord wants to eject the tenant from the agricultural land— There is no evidence that the defendants are tenants on the suit land—Once it has been found that they are not the lessee of the suit land, it cannot be said that the present suit is not maintainable in view of the provisions of the Punjab Tenancy Law read with Punjab Security of Land Tenure Act, 1953. ; Gurdeep Singh and others v. Dera Gossian and another: 2008(3) ALL INDIA LAND LAWS REPORTER (P&H) 727 With the enforcement of 1953 Act, plaintiffs, occupancy tenants, claim ownership rights as per provisions of S. 3 of the Act—Jurisdiction—Lower Court decided civil Court decided civil Court had the jurisdiction to try the suit—Plaintiffs prayer is based on the nature of tenancy—Whether plaintiffs were occupancy tenants on the relevant date is the question—Which could be decided only under the Punjab Tenancy Act, 1877—Section 77(3)(d)—Such a decision, if in the affirmative would entitle the plaintiffs to enlargement of their occupancy tenants rights into proprietary rights—And it is the revenue Court alone which can go into the question—Civil Court has no jurisdiction—Trial Court directed to return the plaint to plaintiffs for presentation to the Revenue Court Punjab Tenancy Act, 1887, Section 77(3)(d)— Punjab Occupancy Tenants (Vesting of Proprietary Rights) Act, 1953—Section 10—Occupancy Tenants (Vesting of Proprietary Rights) Act, 1953—Section 10— Occupancy Tenants; Omkar Singh v. Nirmal : 2001(1) ALL INDIA LAND LAWS REPORTER (Pb. & Hry.) 208. Govt. Land in illegal cultivating possession—No rent paid—Trespasser sought to be ejected under Land Tenures Act, 1953—Commissioner found under Section 21 [Act No. 16 of 18871 2 THE PUNJAB TENANCY ACT, 1887 Sections:- 1 - 4 of the 1953 Act, State could not eject a tenant—Further observed that State was competent to eject its tenant under Punjab Tenancy Act, 1887—Made a reference of F.C.— Recommendations of the Commissioner accepted—Punjab Security of Land TenuresAct, 1953—Sections 9 and 24—Haryana Public Premises and Lands (Rent Recovery and Eviction) Act, 1972—Sections 4 and 5.; Amar Nath v. State of Haryana; 1999(3) ALL INDIA LAND LAWS REPORTER (F.C., Hry.) 283. 1. Short title, extent and commencement.--(1) This Act may be loalled the Punjab Tenancy Act, 1887. (2) It extents to the whole of the territories [—] (The words "including the pargana of "Spiti" omitted by the Government of India (Adaptation of Indian Laws) Order, 1937) [—] (The words "for the time being" were omit- ted by the Government of India (Adaptation of Indian Laws) Order, 1937) administer by the [(Subs. for the word "Lieutenant Governor" by the Gov- ernment of India (Adaptation of Indian Laws) Order, 1937, Section 4(1)) [State] (Sub. for the word "Provincial" by the Adaptation of Laws Order, 1950) Government of] [Punjab] (Subs. for "East Punjab" (which had been subs. for "Punjab" by the Indian Independence (Adaptation of Central Acts and Ordinance) Order, 1948) by the Adaptation of Laws Order, 1950) [— ] (The word "except the Hazara District" omitted by the Indian (Adaptation of Existing Indian Laws) Order, 1947) and (3) It shall come into force on such day as the [State] (Sub. for the word "Provincial" by the Adaptation of Laws Order, 1950) Government with the previous sanction of the [Central Government] (Subs. for the words "Governor-General in Council by the Government of India (Adaptation of Indian Laws) Order, 1937) may be notification appoint in this behalf. 2. Power to make rules in anticipation of commencement.—(Re- pealed) (Repealed by the Repealing and Amendment Act, 1891 (XII of 1891), Section 2(1)). 3. Repeal.—[Repealed] [Repealed by the Repealing and Amendment Act, 1891 (XII of 1891)] 4. Definitions.—In this Act, unless there in something repugnant in the subject or context, — (1) "Land" means land which is not occupied as the site of any building in a town or village and is occupied or has been let for agricultural pur- poses of for purposes sub-survient to agriculture, or for pasture, and in- cludes the sites of buildings and other structures on such land. (2) "pay" with its grammatical variations and cognate expression, in- cludes, when used with reference to rent, "deliver", and "render", with their grammatical variations and cognate expre;:sions; THE PUNJAB TENANCY ACT, 1887 3 Sections:- 1 - 4 (3) "rent" means whatever is payable to a landlord in money, kind or service by a tenant on account of the use or occupation of land held by him; (4) "arrear of rent" means rent which remains unpaid from the date on which it becomes payable; (5) "tenant" means a person who holds land under another person, and is or but for a special contract would be, liable to pay rent for that land to that other person; but it does not include— (a) an inferior landowner, or (b) a mortgagee of the rights of a landowner, or (c) a person to whom a holding has been transferred, or an estate or holding has been let in farm under the Punjab Land Revenue Act, 1887 (XVII of 1887), for the recovery of an arrear of land rev- enue or of a sum recoverable as such an arrear, or (d) a person who takes from the [Government] [Subs. for the work "Crown" by the adaptation of Laws Order, 19501 a lease of unoccu- pied land for the purpose of subletting it: (6) "landlord" means a person under whom a tenant holds land and to whom the tenant is, or but for a special contract would be liable to pay rent for that land: (7) "tenant" and "landlord" include the predecessors and successor in terest of a tenant and landlord, respectively: (8) , "tenancy" means a parcel of land held by a tenant of a landlord under one lease or one set of conditions: (9) "estate" "landlord" and "holding" have the meanings, respectively, assigned to those words in the Punjab Land Revenue Act, 1887; (10) "land revenue" means land revenue assessed under any law for the time being in force or assessable under the Punjab Land Revenue Act, 1887 (XVII of 1887), and includes— (a) any rate imposed in respect of the increased value of land due to irrigation, and (b) any sum payable in respect of land, by way of quit-rent or of commutation of service, to the [Government] (Subs. for the word "Crown" by the Adaptation of Laws Order, 19501 or to a person to whom the [Government] (Subs. for the word "Crown" by the Ad- eptation of Laws Order, 19501 has assigned the right to receive the payment: 4 THE PUNJAB TENANCY ACT, 1887 Sections:- 1 - 4 (11) "rates and cesses" means rates and cesses which are primarily payable by landowners, and includes, — (a) [--] [Repealed by Repealing and Amendment Act, 1891 (XI of 1891)] (b) the local rate, if any payable under the Punjab District Boards Act, 1883 (XX of 1883), and any fee leviable under Section 33 of that Act from landowners for the use of, or benefits derived from, such works as are referred to in Section 20, clauses (i) and (j) of that Act; (c) any annual rate chargeable on owners of lands under Section 59 of the Northern India Canal and Drainage Act, 1873 (VIII of 1873) (d) the zaildari and village officer's cesses; and (e) sums payable on account of village expenses; (12) "village-cess" includes any cess, contribution or due which is cus- tomarily leviable within an estate and if neither a payment for the use of private property or for personal service, nor imposed by or under any en- actment for the time being in force: (13) "village officer" means a chief headman, headman or patwari. (14) "Revenue Officer" or "Revenue Court" in any provisions of this Act means a Revenue Ofi•:Icer or Revenue Court having authority under this Act to discharge the function of a Revenue Officer or Revenue Court as the case may be under that provisions: (15) "jagirdar" includes any person, other than a village servant, to whom the land revenue of any land has been assigned in whole or in part by the [Government] [Subs. for the word "Crown" by the Adaptation of Laws Or- der, 19501 or by an officer of the [Government] [Subs. for the word "Crown" by the Adaptation of Laws Order, 19501: (16) "legal practitioner means any legal practitioner within the meaning of the Legal PractitionerAct, 1879 (XVIII of 1879) except a mukhtar: (17) "agriculture year" means the year commencing on the sixteenth day of June, or on such other date as the [State] [Subs. for the word "Pro- vincial" by the Adaptation of Laws Order, 19501Government may by notifi- cation appoint for any local area: (18) "notification" means a notification published by authority of the [State] [Subs. for the word "Provincial" by the Adaptation of Laws Order, 19501 Government in the Official Gazette: and THE PUNJAB TENANCY ACT, 1887 5 Sections:- 1 - 4 (19) "imprisonment" means, with reference to a tenancy any work which is suitable to the tenancy and consistent with the conditions on which it is held by which the value of the tenancy has been and continues to be in- creased, and which, if not executed on the tenancy, is either executed directly for its benefit, or is, after execution made directly beneficial to it. Explanation 1. – It includes, among other things – (a) the construction of wells and other works for the storage or supply of water for agricultural purposes; (b) the construction of works for drainage and for protection against floods; (c) the 'planting of trees, the reclaiming, enclosing, levelling and terracing of land for agricultural purposes and other works of a like nature; (d) the erection of buildings required for the more convenient or profitable cultivation of a tenancy; and (e) the renewal of construction of any of the foregoing works, or such alternations therein, or additions thereto, as are not of the nature of mere repairs and as durably increase their value; But it does not include such clearances, embankments, levellings enclosures, temporary well and water channels as are made by tenants in the ordinary course of cultivation and without any special expenditure, or any other benefit accruing to land from ordinary operations of husbandry. Explanation II. –A work which benefits several tenancies may be deemed to be with respect to each of them, an improvement. Explanation Ill. –A work executed by a tenant is not improvement if it substantially diminishes the value of any other part of his landlord's property. (20) [—] [Omitted by the Indian (Adaptation of Existing Indian Laws) Or- der, 1947 Section 4(1)1 Case Law S. 4—Landlord and Tenant—Relationship of—Can come into existence as a result of agreement—Agreement may be express or implied—Implied relationship may be inferred from the conduct of the parties—Payment of rent is one of the factors; 1990(1)ALL INDIA LAND LAWS REPORTER 61. Section 4(1)—Land Revenue Assessment Rules, 1929, Rule 2(2)—Punjab Security of Land Tenures Act, 1953, Section 27(e)—Surplus area—VairMumkin' as well as Saranr Land computed towards total holding of the landowner for 6 THE PUNJAB TENANCY ACT, 1887 Sections:- 1 - 4 assessing the surplus area—The Sarani' Land if falls within the ambit of Banjar Jadid' or 'Banjar Kadim' has to be excluded from surplus area—Matter remitted to the Collector to ascertain the extent of Gair Mumkin land, Banjar Kadim and Banjar Jadid at the relevant date and recompute the permissible area and decide the case afresh. ; Wing Commander Paramprit Singh v. State of Punjab : 2009(1) ALL INDIA LAND LAWS REPORTER (P&H) 135 Sections 4(1) & 5— Grant of ownership rights in lieu of occupancy rights—Lands involved are described as Banjar Qadim— Not a land within the meaning of Section 4(1) of the 1887 Act—No occupancy rights can be claimed by the Tenants—And such occupancy rights cannot further ripen into ownership rights.; Dharam Singh (deceased) L.Rs. and others v. Bhagwan Singh and others : 2005(3) ALL INDIA LAND LAWS REPORTER (Pb. & Hry.) 172 Section 4(1) & 5— Tenants rights to be declared occupancy Tenants—Where a tenancy has last forever 50 years on a nominal rent inspite of inflation in agricultural prices, and no demand for enhancement of rent was made, and there was an implied promise not to eject long and uninterrupted possession by tenants would entitle them to grant of occupancy rights as also ownership rights.; Dharam Singh (deceased) L.Rs. and others v. Bhagwan Singh and others : 2005(3) ALL INDIA LAND LAWS REPORTER (Pb. & Hry.) 172 Section 4(1)—Plaintiff seeks partition of suit property as he is the Co-sharer to the extent of 'A share in property—Defendants have encroached upon his share— Defendants written statement is (i) suit not maintainable (ii) suit bad for non joinder of necessary parties (iii) plaintiff has abandoned his right, title interest and defendants have become owners of land—Trial Court dismissed the suit of plaintiffs— Lower appellate whereas upheld the contention of plaintiff further held that land described as Gair Mumkin Khad or Gair Mumkin Kalar does not come within the definition of land as provided under Section 4 of Punjab Tenancy Act, 1887, Civil Court had jurisdiction to try the suit—Once upon a time the suit bearing and is a nature of plots—For all intents and purposes, the suit land which once was agricultural stands converted into residential now—Revenue officer have no jurisdiction to effect partition of non-agricultural land—This was upheld and appeal by defendants was dismissed—Civil Procedure Code, 1908—Section 9—Punjab land Revenue Act, 1887—Section 110.; Challu etc. v. Khushi Ram : 2001(1) ALL INDIA LAND LAWS REPORTER (P&H) 381 Section 4(3) & (4)—Rent—Arrears of Rent—According to the definition, rent means whatever is payable to a landlord in money, kind or service by a tenant on account of the use or occupation of land held by him and arrears of rent means rent which remains unpaid from the date on which it became payable—Words and. Pharas.; Sardar Singh v. State of Punjab : 2000(3) ALL INDIA LAND LAWS REPORTER (P&H) 28 Section 4(5)—Status of tenant—Petitioner and Respondent are brothers who inherited land from their father and there was family settlement—Redemption of land by respondent does not confer status of a tenant on petitioner—To confer status of tenant rent should be recorded in revenue record—No entry of petitioner THE PUNJAB TENANCY ACT, 1887 7 Sections:- 1 - 4 being tenant in jamabandi—Column of rent also empty—Entry of petitioner in revenue record as a co-sharer gair maurisi does not ispo facts convey the status of a tenant.; Bhoora Ram v. Mukh Ram : 2002(1) ALL INDIA LAND LAWS REPORTER (FC, Hry) 327 Section 4(5)—Haryana Utilisation of Surplus and other Areas Scheme, 1976— Tenant permissible area—Suit for recovery of rent—Tenant denied relationship of tenant and landlord—Land having been declared surplus, was tenants permissible area, have vested in the State—No where in this record, land had been recorded as T.P.A.—Jamabandi record shows plaintiffs as owners and defendants as cultivators— Plaintiffs suit was decreed by A.C. and confirmed upto F.C.—Appeal—Tenant has to apply for T.P.A. and T.P.A. has to be specifically declared by competent authority—Land in dispute was never declared T.P.A.—Till then tenant has to continue to payment—Writ petition fails—Haryana Ceiling on Land Holdings Act, 1972. ; Lal Chand v. The Sub Divisional Officer (Civil)-cum-Assistant Collector : 2002(1) ALL INDIA LAND LAWS REPORTER (P&H) 627 Sections 4(5) and 4(8)—Tenancy—Is constituted by the factum of cultivation plus • payment of rent—In present case, respondent claimed to be tenants but no receipts of payment of rent have been produced—Claim vitiated.; Orakurdwara Nityanand Mandir Khudan v. Dharmpal ; 2003(1) ALL INDIA LAND LAWS REPORTER (F.C. Hry.) 226 Ss. 4(5) and (6)—Landlord and tenant—Relationship of—Plea that relationship of landlordand tenant come to an end as ejectment order passed for non-payment of rent for Rabi 1983—Such order and plea would not govern the relationship earlier to Rabi 1983; 1990(1) ALL INDIA LAND LAWS REPORTER 391. S. 4(5)—Appellant claims possession as a tenant—The question of fact has been decided against.the appellant by the lower appellate Court—And mere mention of word "chair Marusi" does not clothe him with that status; 1995(2) ALL INDIA LAND LAWS REPORTER 10. • Sections 4(6) and 14— Landlord: is a person under whom the tenant holds the land and to whom tenant is liable to pay rent— But the term in Section 14 is not used in relation to a tenant as the land may not been occupied with consent—And inspite of tenant having given up possession of the land, landlord is liable for arrears are made recoverable under Section 77(3) (n) of the Punjab TenancyAct— Strictly speaking inspite of the tenant having gone out of the land, the owner remains a landlord till the arrears are paid/recovered.; Vijay Singh v. The Financial Commissioner, Haryana and others : 2003(3) ALL INDIA LAND LAWS REPORTER (Pb. & Hry.) 515 Sections 4(6), 14 & 77—Whether a mortgagee in possession can successfully maintain a suit for recovery of rent from landlord/mortgagor is the question to be decided—In this case the petitioner is the mortgagee with possession and the respondents 5 to 9 are the mortgagees now as tenants inducted by the plaintiff himself—Version of the plaintiff that dependents 5 to 9. are in possession of the land, possession parted with by petitioner by an oral agreement as parties had good relations— Even if the defendants had occupied the land forcibly, they would 8 0-HE PUNJAB TENANCYACT, 1887 THE PUNJAB TENANCY ACT, 1887 9 Section:- 6 4, & 4(3)—Vesting of Rights in Panchayats and non proprietors—Appellants had not accorded a status similar to occupancy tenants by custom or otherwise (though not recorded as occupancy tenants in the revenue record), such as Dholidars, Bhomidars, Butimars, Basikhuophaus, Saunjidars and Muciararidars- Appellants were not mortgagees in favour of whom, the land was mortgaged with possession— The Panchayat had vested right in the land in dispute. Held, Section 4(3) will be attracted only if the following 3 conditions are satisfied :- i) the person must be cultivating land which is part of Shamlat deh of village ii) he should be cultivating such land for a period of 12 years immediately preceeding the commencement of the Act; and iii) he should be cultivating such land without payment of charges in excess of the land revenue ancrcess. ; Puran & Ors. y. Gram Panchayat, Faridabad : 2006(2) . ALL INDIA LAND LAWS REPORTER-(Supreme Court) 319 Sections 5 and 8, Right of Occupancy—Such is based on title— Title is not made out—Appellants could not establish that they took the suit land from Gram panchayat in the year 1966 and held the land under the Gram Panchayat as lessee and occupied it consciously for thirty years in the manner described in sub Section (2) of Section 5—They are precluded from establishing a right of occupancy. ; Puran & Ors. v. Gram Panchayat, Faridabad : 2006(2) ALL INDIA LAND LAWS REPORTER (Supreme Court) 319 Sections 5, 8 and 84—Occupancy rights—Grant of—Cultivation of land proved for being more than 30 years—Crucial Jamabandi on the record for relevant year is tampered copy—Photocopy of the duly attested jamabandi is at variance with copy of Jamabandi on record—Collector directed to decide afresh after summoning original revenue record and giving full opportunity to the parties.; Het Ram v. Badlu : 2002(3) ALL INDIA LAND LAWS REPORTER (FC, Hry.) 87 —S. 5(2)—Occupancy tenant—Tenant—Tenant in continuous possession of a price of land for more than 30 years and paying no rent beyond the amount of land revenue—Presumption is that such a tenant fulfills the conditions of clause (a) for Section 5(1)—Entitled to claim apportionment of compensation under the Land Acquisition Acti1990(1) ALL INDIA CAND LAWS REPORTER 53. Section 5(3) & 82— Application is for review of order recorded by the previous F.C.—Finding recorded are that hone of tenants, petitioners, have qualified the condition of holding the tenancy for over 30 years—Not entitled to get benefit under Section 5 of the Tenancy Act—Held—•This finding of fact cannot be challenged in review—No merit in review application—Disallowed.; Harbans Singh v. State of Punjab ;1998(1) ALL INDIA LAND LAWS REPORTER (P.C., Pb.) 490 6. Right of occupancy of other tenants recorded as having the Iright before passing. of puniab tenancy act, 1868.—A tenant recorded in a record-of-rights sanctioned by the [State] [Subs. for the words "Provin- cial" by the Adaptation of Laws Order, 19501Government before the twenty- first day of OCtober, 1868, as a tenant having aright of occupancy in land Section:- 5 be entitled to pay rent to the petitioner—Suit as ordered by Asstt. Collector 1st Grade in favour of plaintiff/petitioner is decreed.; Vijay Singh v. The Financial Commissioner, Haryana and others : 2003(3) ALL INDIA LAND LAWS REPORTER (Pb. & Hry.) 515 Chapter - II : Rig ht of Occupancy 5. Tenants having right of occupancy.—(1) A tenant — (a) who at the commencement of this Act has, for more than two gen- erations in the male line of descent through a grant-father or grand-uncle and fora period of not less than twenty years, been occupying land paying no rent therefor beyond the amount of the land revenue thereof and the rates and cesses for the time being chargeable thereon, or (b) who having owned land, and having ceased to be landowner thereof otherwise than by forfeiture to the Government or than by any voluntary act, has, since he ceased to be landowner continu- ously occupied the land, or (c) who, in a village or estate in which he is settled along with or was settled by, the founder thereof as a cultivator therein, occu- pied land on the twenty-first day of October, 1868, and has continu- ously occupied the land since that date, or (d) who being jagirdar of the estate or any part of the,estate in which the land occupied by him is situate, has continuously occupied the land for not less than twenty years, or, having been such jagirdar, occupied the land while he was jagirdar and has continuously oc- cupied it for not less than twenty years; has a right of occupancy in the land so occupied, unless, in the case of a tenant belonging to the class specified in clause (c), the landlord proves that the tenant was settled on land previously cleared and brought under cultivation by, or at the expense of, the fOunder. (2) If a tenant proves that he has continuously occupied land for thirty years and paid no rent thereof beyond the amount of the land revenue thereof and the rates and cesses for time being chargeable thereon it may be presumed that he has fulfilled the conditions of clause (a) of sub- section (1). (3) The words in that clause denoting natural relationship denotes also relationship by adoption, including therein the customary appointment of an heir and relationship, by the usuage of a religious community. Case Law Sections 5 and 8—Punjab Occupancy Tenets (Vesting of Proprietory Rights Act, 1953, Section 3—Punjab Village Common Lands (Regulations) Act, 1961, Section THE PUNJAB TENANCYACT, 1887 Sections: - 12 - 13 PUNJAB TENANCYACT, 1868 (XXVIII of 1868) First column Section Clause Section 1 5 5 5 6 8 THIS ACT !Second Column Sub-section Clause 5 (a) (b) (c) (d) 2 3 4 (1) 5 (1) (2) 5 (1) (3) 5 (1) (4) 5 (1) 6 8 Chapter - Ill : RENT: Rents generally 12. Respective rights of landlord and tenant to produce. (1)The rent for the time being payable in respect of a tenancy shall be the first charge on the produce thereof. (2) A tenant shall be entitled to tend, cut and harvest the produce of his tenancy in due course of husbandry without any interference on the part of his landlord. (3) Except where rent is taken by division of the produce the tenant shall be entitled to the exclusive possession of the produce. (4) Where rent is taken by division of the produce— (a) the tenant shall be entitled to the exclusive possession of the whole produce until it is divided, (b) the landlord shall be entitled to be present at, and take part in the division of the produce, and (c) when the produce has been divided, the landlord shall be en- titled to the possession of his share thereof. 13. Commutation and alteration of rent.—Where rent is taken by any of the following methods, namely: - (a) by division or appraisement of the produce, (b) by rates fixed with reference to the nature of the crops grown, (c) by a rate on a recognized measure of area, (d) by a rent in gross on the tenancy, or 10 on rounds other than stated in act.— Nothing in the foregoing sections of this Chapter shall preclude any person from establishing a of occupancy on any ground other than the grounds specified in those right sections. Case Law S. 87-F. C. has admitted the claim of tenant as occupancy tenant on the basis of long occupation, no increase of rent when agricultural produce prices have escalated and improvements were made without approval of the land -owner, not objected to by him— Land-owner is in appeal—Held0) Mere length of possession does not entitled a tenant to become an occupancy tenant—Such an intention is to be reflected at the inception of tenancy-00 annual rent was increase on mere than one occasions—(iii) documents submitted for power connection for d tubewell have not been produced—Order passed by Revenue Authorities that respondent had acquired occupancy tenant rights cannot legally be sustained—Set aside—Order passed by the Assistant Collector lsi Grade dismissing suit of the tenant is restored; 1995(2) ALL INDIA LAND LAWS REPORTER 146. 9. Ri • ht of occu • anc not to be ac.uired b mere la •se of time.— No tenant shall acquire a right of occupancy by mere lapse of time. 10. Ri • ht of occu anc not to be ac • uired b 'oint owner in land held in "oint ownershi .n absence of custom to the contrary no one of several joint owners loft land shall acquired a right of occupancy under this Chapter in land jointly owned by them. 11. Continuance of existin occu anc -ri hts._Notwithstanding anything in the anything in the foregoing sections of'this Chapter, a tenant who immediately before the commencement of this Act has a right of occupancy in any land under an enactment specified in any line of the first column of the following table shall, when this Act comes into force, be held to have, for all the purposes of this Act, a right of occupa that land under the enactment specified in ncy in column of the table: - the same line of the second THE PUNJAB TENANCY ACT, 1887 Sectioils:- 7 -11 which he has continuously occupied from the time land p in of that record, shall be deemed to have a right of the reparation th at unless the contrary has been of occupan cy established by a decree of a competent Court in a suit instituted before the passing of this Act. 7. Ri lit of occu anc in land taken in exchan e.—If the tenant has voluntarily exchanged the land, or any portion of the land, formerly occupied by him for other land belonging to the same landlord, the land taken in exchange shall be held to be subject to the same right of occu-pancy as that to which the land given in exchane ject if the exchange had not taken place. g would have been sub- 8. Establishment of ri ht of occu anc hose ex ress 12 THE PUNJAB TENANCY ACT 1887 Section:- 14 (e) partly by one of the methods specified in clause (a), (b) and (c) of this sub -section and partly by another or others of them; one of those methods shall not be commuted in whale or in part into another without the consent of both landlord and tenant. (2) In the absence of a contract or a decree or order of competent authority to the contrary, a tenant whose rent is taken by any of the meth- ods specified in clauses (a), (b) and (c) of sub-section (1), or by the meth- ods specified in clause (d) of that sub-section, shall not be liable to pay for a tenancy rent at any higher rate, or of a higher amount, as the case may be, than the rate or amount payable in respect of the tenancy for the pre- ceding agricultural year. 14. Payments for land occupied without consent of land- lord.—Any person in pdpsession of land occupied without the consent of the landlord shall be liable to pay for the use of occupation of that land at the rate of rent payable in the preceding agricultural year, or if rent was not payable in that year, at such rate as the Court may determine to be fair and equitable. Case Law Section 14-Mesne profits—Recovery of—Petitioner Purchasing land in good faith from a person who sold them in bad faith- Petitioners occupied the land with the consent of those purporting to be the owners-The person who illegally and wrongly alienated the land not a party in the suit- -No relationship of owner and tenant between respondent and the petitioners-Relying Shimla Banking and Industries case- Based on lis pendens based on maxim pendente lite, nihil innoveture meaning that pending the suit nothing should be changed-Held ignorance is no excuse, but willful and blatant deception also should not be rewarded-Held further section 14 of Punjab TenancyAct not applicable in the present case and petitioners not liable to pay mense profits.; Ja
Excerpt shown. Open the full act in Lexace.