The Punjab Land Revenue Act, 1887

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THE (cid:9) PUNJAB TENANCY ACT, 1887 , (Act No. 16 of 1887)(cid:9) gra-07T c As(cid:9) aaint (cid:9) /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 THE PUNJAB TENANCY ACT, 1887 © Copy Rights Reserved With Publishers (Act No. 16 of 1887) CONTENTS Important Note Sections Page Nos. Although meticulous care and cautions have been CHAPTER - I : PRELIMINARY taken to avoid any mistakes or omissions while edit- ing, printing or publishing the book. Readers are ad- 1. Short Title, extent and commencement 2 vised to verify the text with original gazette as published 2. Power to make rules in anticipation of commencement 2 by concerned authority. 3. Repeal 2 Neither the company nor is the proprietor, Editor, Printer or Publisher be held responsible or liable in any 4. Definitions 2 case manner for loss or damage caused to its subscrib- CHAPTER - II : RIGHT OF OCCUPANCY ers/Readers. Due to mistakes our omissions that might have crept in despite care and caution. 5. Tenants having right of occupancy 8 No part of this book can reproduced in any form without 6. Right of occupancy of other tenants recorded as having the prior written permission of the publisher. Violation of right before passing of Punjab Tenancy Act, 1868 9 this, would follow serious legal action. The sale and cir- culation of the journal is subject to the aforesaid terms 7. Right of occupancy in land taken in exchange 10 and conditions. 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 Printed, Published & Owned by : 10. Right of occupancy not to be acquired by joint owner in land Sharanjit Singh Kalra Punjab Law Agency held in joint ownership. 10 11. Continuance of existing occupancy-rights 10 S.C.O. 4 and 5 (First Floor) CHAPTER - Ill : RENT:- RENTS GENERALLY Above S.B.I. Treasury Branch Behind K.C. Cinema, Sector 17-B, 12. Respective rights of landlord and tenant to produce 11 Chandigarh. 160017 13. Commutation and alteration of rent 11 Phone : 017 2-5071706, Mobile 9815652222 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 (cid:9)(cid:9) CONTENTS(cid:9) V IV(cid:9) CONTENTS PROCEDURE ON EJECTMENT 17. Appointment of referee for division or appraisements(cid:9) 13 (cid:9) 42. Restriction on ejectment 24 18. Appointment of assessors and procedure of referee(cid:9) 13 (cid:9) 43. Application to Revenue Officer for ejectment 24 19. Procedure after division or appraisement.(cid:9) 14 (cid:9) 44. Ejectment for failure to satisfy decree for arrear of rent 24 20. Enhancement of produce-rents of occupancy-tenants(cid:9) 14 (cid:9) 45. Ejectment of tenant from year to year by notice 24 21. Reduction of rents referred to in the last foregoing sections (cid:9) 46. Power to make rules 25 [Cash rents paid by Tenants having Rights of Occupancy](cid:9) 14 GENERAL PROVISIONS RESPECTING EJECTMENT 22. Enhancement of cash rents of occupancy tenants(cid:9) 15 (cid:9) 47. Time for ejectment 26 23. Reduction of rents referred to in the last foregoing sections(cid:9) 15 (cid:9) 48. Relief against forfeiture 26 [General provisions relating to Suits for Enhancement or 49. Rights of ejected tenants in respect of crops and Land Reduction of Rent] (cid:9) 24. Enhancement and reduction of rent by suit(cid:9) 15 prepared for showing 26 25. Discretion as to extent of enhancement or reduction(cid:9) 16 Relief for Wrongful Dispossession 26. Time for enhancement or reduction to take effect(cid:9) 16 50. Relief for wrongful dispossession or ejectment(cid:9) 27 27. Adjustment of rents expressed in terms of the land revenue(cid:9) 16 50-A.(cid:9) Bar to civil suits(cid:9) 27 27.-A. Omitted(cid:9) 51. Bar or relief by suit under Section 9, Act I of 1877(cid:9) 27 17 28. Alteration of rent on alteration of area(cid:9) 17 Power to vary dates Prescribed by this Chapter 29. Remission of rent by Courts decreeing arrears(cid:9) 18 52. Power f (cid:9) or (State) Government to fix dates for certain purposes 27 30. Remission and suspension of rent consequent on like 52-A. Omitted 28 treatment of land revenue(cid:9) 18 CHAPTER - V : ALIENATION OF AND SUCCESSION TO, RIGHT 31. Power to Deposit rent in certain cases with revenue officer(cid:9) 19 OF OCCUPANCY 32. Effect of depositing rent(cid:9) 20 ALIENATION 33. Recovery of rent from attached produce(cid:9) 20 53. Private tran (cid:9) sfer of right of occupancy under Section 5 by tenants 28 Lease for period exceeding term of assenting Land Revenue 34. Treatment of leased for period exceeding or equal to terms 54. Procedure on fo (cid:9) reclosure of mortgage of right of occupancy under Section 5 29 of assessment of land revenue(cid:9) 21 55. Sale of right of occupancy under Section 5 in execution of CHAPTER - IV : RELINQUISHMENT, ABANDONMENT AND (cid:9) decree 29 EJECTMENT 35. Relinquishment by tenant for a fixed term(cid:9) 21 56. Transfer (cid:9) of right of occupancy under any other section than Section 5 29 36.•(cid:9) Relinquishment by any other tenant(cid:9) 22 (cid:9) 57. Rights and liabilities of transfer of right occupancy 29 37. Relinquishment of part only of a tenancy(cid:9) 22 (cid:9) 58. Subletting 30 38. Abandonment of tenancy by occupancy tenant(cid:9) 22 58-A. Transfer of right occupancy under any section of the Act LIABILITY TO EJECTMENT (cid:9) by exchange 30 39. Grounds of ejectment of occupancy-tenant(cid:9) 22 (cid:9) 59. Succession to right of occupancy 30 40. Grounds of ejectment of tenant for a fixed ferm(cid:9) 23 (cid:9) 60. Irregular transfer or right of occupancy 31 41. Ejectment of tenant from year to year(cid:9) 24 (cid:9)(cid:9)(cid:9) VI CONTENTS (cid:9) CHAPTER - VI : CONTENTS VII IMPROVEMENTS AND COMPENSATION IMPROVEMENTS BY LANDLORDS _ 82.(cid:9) Review by Revenue officers 45 61. Improvements by landlords on tenancies of occupancy tenants 32(cid:9) 83.(cid:9) Computation of periods limited for appeals and applications 62. Enhancement of rent in consideration of an improvement for review 48 made by a landlord on the tenancy of an occupancy tenant. 32(cid:9) 84.(cid:9) Power to call for examine and revise proceedings of Revenue IMPROVEMENTS BY TENANTS officers and Revenue Courts(cid:9) 48 63. Title of occupancy tenant to make improvements 85. Procedure of Revenue Officers(cid:9) 50 33 64. Title of tenants not having right of occupancy to make 86. Persons by whom appearances may be made before Revenue improvements officers as such and not as Revenue Courts 51 33 65. Improvements made before commencement of this Act 87. Costs 51 33 66. Improvements begun in anticipation of ejectment 88.(cid:9) Procedure of Revenue Courts 51 33 67. Tender of lease of twenty years to tenant to be a bar to right 89.(cid:9) Power of Revenue Officers of Revenue Courts to summon persons to compensation 52 68. Liability to pay compensation for improvements to tenants 33(cid:9) 90.(cid:9) Mode of service of summons 52 91.(cid:9) Mode of service of notice, order or proclamation or copy on ejectment or on enhancement of his rent. 69. Compensation for disturbance of clearing tenants. 33 thereof 53 70. Determination of compensation by Revenue Courts. 34 92. Additional made of publishing proclamation 53 71. Determination of compensation by Revenue officers 34 93. Joinder of tenants as parties to proceedings relating to rent (cid:9) 53 72. 34 94. Exception of suits under this Act from operation of certain Matters to be regarded in assessment of compensation enactments for improevements 54 35(cid:9) 95.(cid:9) Payment into Court of money admitted to be due to a third 73. Form of compensation persons 35 54 74. Relief in case of ejectment before determination of 96.(cid:9) Execution of decrees for arrears of rent 54 compensation 35(cid:9) 97.(cid:9) Prohibition of imprisonment of tenants in execution of decrees CHAPTER - VII : JURISDICTION AND PROCEDURE for arrears of rent(cid:9) 54 JURISDICTION 98. Power to refer party to Civil Court (cid:9) 55 75. Revenue officers 36 99. Power to refer to High Court questions as to jurisdiction(cid:9) 55 76. Applications and proceedings cognizable by Revenue officers 100. Power of High Court of validate proceedings held under 36 77. Revenue Courts and suits cognizable by them mistakes as to jurisdiction 38 55 ADMINISTRATIVE CONTROL Miscellaneous - 78. Superintendence and control of Revenue Officers and 101. Place of sitting 56 Revenue :Courts 102. Holidays 43(cid:9) 56 79. Power to distribute business and withdraw and transfer cases 43(cid:9) 103.(cid:9) Discharge of duties of Collector dying or being disabled 57 APPEAL. REVIEW AND REVISION 104. Retention of powers by Revenue officers on transfer 57 80. " Appeals 44 105. Conferment of powers of Revenue Officer or Revenue Court 57 81. Limitation for appeals 45 106.(cid:9) Power for Financial Commissioner to make rules 58 (cid:9) VIII CONTENTS 106A. Licensing of petition writers in Revenue Courts and THE Revenue Offices(cid:9) 59 11Punjab Amendment' PUNJAB TENANCY 107.(cid:9) Rules to be made after previous publication(cid:9) 59 108.(cid:9) Powers exercisable by Financial Commissioner from time RULES, 1909 to time(cid:9) 59 CHAPTER - VIII : EFFECT OF THIS ACT ON RECORDS OF RIGHTS CONTENTS AND AGREEMENT 109. Nullity of certain entries in record-of-rights (i) Limitation of powers of Naib-Tahsildars 62 59 110. Nullity of certain agreements contrary to the Act (ii) Limitation of powers of other Assistant Collectors of 2nd 60 111. Saving of other agreements when in writing grade 62 6C 112. Effect of certain entries made in records-of-rights before 2. (i) Statements and pleadings to be brief 62 November, 1871 61 (ii) Verification of applications 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 CONTENTS XI THE 24. Production of licence for inspection 71 25. Fee charges for writing petitions 72 26. Suspension or cancellation of licence 72 PUNJAB PETITION 27. Surrender of licence 72 28. Rules for practice 72 WRITERS (REVENUE) 29. Order to re-write a petition 73 30. Striking off the name from register 73 RULES; 1982- 31. Name of the petition-writer whose licence has been suspended to be posted at a conspicuous place 73 CONTENTS 32. Order prohibiting practice 73 33. Cognizance 74 Sections (cid:9) Page No. 34. Appeal 74 1. Short title and commencement 67 35. Review 71 2. Definitions 67 FORMS & SCHEDULE 74-79 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. li THE `k?. P'41 THE (cid:9) PUNJAB OCCUPANCY TENANCY PUNJAB TENANTS (Vesting of ACT, 1887 fv:ft Proprietary Rights) 1173aTZST Act, 1952 [Act No. 16 of 18871 41-4 MTN &f)2 qb,7 Chapter - I : Preliminary (cid:9) agrat (Punjab Act No. 8 of 1953) Case Law CONTENTS 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— Sections Page No. The very basis of mutation enteries became non est—Order regarding entries of— 1. Short title, extent and commencement 81 Mutations cannot be maintained. ; Kanwar Bhan v. Rashid : 2008(3) ALL INDIA 2. Definitions 82 LAND LAWS REPORTER (FC) 546 Civil Procedure Code, 1908, Order 23, Rule 1—Punjab Security of Land Tenures 3. Vesting of proprietary rights in occupancy tenants and Act, 1953—Civil Court has no jurisdiction to entertain the suit for possession of the extinguishments of corresponding rights of landlords 83 agricultural land as the suit for eviction of a lessee/tenant can be filed only before 4. Determination of compensation payable to landlord 84 the Revenue Court under the provisions of the Punjab Tenancy Law read with Punjab 5. Principles of compensation 85 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— 6. Payment of Compensation 86 There is no evidence that the defendants are tenants on the suit land—Once it has 7. Appeal, review and revision 86 been found that they are not the lessee of the suit land, it cannot be said that the present 8. Certain mortgages and charges not enforceable against suit is not maintainable in view of the provisions of the Punjab Tenancy Law read with Gurdeep Singh and others v. Dera Punjab Security of Land Tenure Act, 1953. ; land held by occupancy tenants 87 Gossian and another: 2008(3) ALL INDIA LAND LAWS REPORTER (P&H) 727 9. Act not to apply to evacuee property 88 With the enforcement of 1953 Act, plaintiffs, occupancy tenants, claim ownership 10. Bar of jurisdiction 88 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 11. Bar to legal proceedings 89 based on the nature of tenancy—Whether plaintiffs were occupancy tenants on 12. Power to make rules 89 the relevant date is the question—Which could be decided only under the Punjab 13. Repeal and saving 90 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 (cid:9) (cid:9) 2 THE PUNJAB TENANCY ACT, 1887 THE PUNJAB TENANCY ACT, 1887 3 Sections:- 1 - 4 Sections:- 1 - 4 (3)(cid:9) "rent" means whatever is payable to a landlord in money, kind 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 or service by a tenant on account of the use or occupation of land of F.C.—Recommendations of the Commissioner accepted—Punjab Security of held by him; Land TenuresAct, 1953—Sections 9 and 24—Haryana Public Premises and Lands (4)(cid:9) "arrear of rent" means rent which remains unpaid from the date on (Rent Recovery and Eviction) Act, 1972—Sections 4 and 5.; Amar Nath v. State which it becomes payable; of Haryana; 1999(3) ALL INDIA LAND LAWS REPORTER (F.C., Hry.) 283. 1.(cid:9) Short title, extent and commencement.--(1) This Act may be (5)(cid:9) "tenant" means a person who holds land under another person, loalled the Punjab Tenancy Act, 1887. 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— (2) It extents to the whole of the territories [—] (The words "including (a) an inferior landowner, or the pargana of "Spiti" omitted by the Government of India (Adaptation of Indian Laws) Order, 1937) [—] (The words "for the time being" were omit- (b) a mortgagee of the rights of a landowner, or ted by the Government of India (Adaptation of Indian Laws) Order, 1937) (c) a person to whom a holding has been transferred, or an estate administer by the [(Subs. for the word "Lieutenant Governor" by the Gov- or holding has been let in farm under the Punjab Land Revenue ernment of India (Adaptation of Indian Laws) Order, 1937, Section 4(1)) Act, 1887 (XVII of 1887), for the recovery of an arrear of land rev- [State] (Sub. for the word "Provincial" by the Adaptation of Laws Order, enue or of a sum recoverable as such an arrear, or 1950) Government of] [Punjab] (Subs. for "East Punjab" (which had been (d) a person who takes from the [Government] [Subs. for the work subs. for "Punjab" by the Indian Independence (Adaptation of Central Acts "Crown" by the adaptation of Laws Order, 19501 a lease of unoccu- and Ordinance) Order, 1948) by the Adaptation of Laws Order, 1950) [— pied land for the purpose of subletting it: ] (The word "except the Hazara District" omitted by the Indian (Adaptation of Existing Indian Laws) Order, 1947) and (6)(cid:9) "landlord" means a person under whom a tenant holds land and to (3) It shall come into force on such day as the [State] (Sub. for the whom the tenant is, or but for a special contract would be liable to pay rent for that land: word "Provincial" by the Adaptation of Laws Order, 1950) Government with the previous sanction of the [Central Government] (Subs. for the words (7)(cid:9) "tenant" and "landlord" include the predecessors and successor in "Governor-General in Council by the Government of India (Adaptation of terest of a tenant and landlord, respectively: Indian Laws) Order, 1937) may be notification appoint in this behalf. (8) , "tenancy" means a parcel of land held by a tenant of a landlord 2.(cid:9) Power to make rules in anticipation of commencement.—(Re- under one lease or one set of conditions: pealed) (Repealed by the Repealing and Amendment Act, 1891 (XII of 1891), (9)(cid:9) "estate" "landlord" and "holding" have the meanings, respectively, Section 2(1)). assigned to those words in the Punjab Land Revenue Act, 1887; 3.(cid:9) Repeal.—[Repealed] [Repealed by the Repealing and Amendment (10) "land revenue" means land revenue assessed under any law for Act, 1891 (XII of 1891)] the time being in force or assessable under the Punjab Land Revenue Act, 4.(cid:9) Definitions.—In this Act, unless there in something repugnant in 1887 (XVII of 1887), and includes— the subject or context, — (a) any rate imposed in respect of the increased value of land due (1) "Land" means land which is not occupied as the site of any building to irrigation, and in a town or village and is occupied or has been let for agricultural pur- (b) any sum payable in respect of land, by way of quit-rent or of poses of for purposes sub-survient to agriculture, or for pasture, and in- commutation of service, to the [Government] (Subs. for the word cludes the sites of buildings and other structures on such land. "Crown" by the Adaptation of Laws Order, 19501 or to a person to (2) "pay" with its grammatical variations and cognate expression, in- whom the [Government] (Subs. for the word "Crown" by the Ad- cludes, when used with reference to rent, "deliver", and "render", with their eptation of Laws Order, 19501 has assigned the right to receive grammatical variations and cognate expre;:sions; the payment: 4(cid:9) THE PUNJAB TENANCY ACT, 1887 THE PUNJAB TENANCY ACT, 1887(cid:9) 5 Sections:- 1 - 4 Sections:- 1 - 4 (19)(cid:9) "imprisonment" means, with reference to a tenancy any work which (11)(cid:9) "rates and cesses" means rates and cesses which are primarily is suitable to the tenancy and consistent with the conditions on which it is payable by landowners, and includes, — held by which the value of the tenancy has been and continues to be in- (a) [--] [Repealed by Repealing and Amendment Act, 1891 (XI of creased, and which, if not executed on the tenancy, is either executed 1891)] directly for its benefit, or is, after execution made directly beneficial to it. (b) the local rate, if any payable under the Punjab District Boards Explanation 1. – It includes, among other things – Act, 1883 (XX of 1883), and any fee leviable under Section 33 of (a) the construction of wells and other works for the storage or that Act from landowners for the use of, or benefits derived from, supply of water for agricultural purposes; such works as are referred to in Section 20, clauses (i) and (j) of that Act; (b) the construction of works for drainage and for protection against floods; (c) any annual rate chargeable on owners of lands under Section 59 of the Northern India Canal and Drainage Act, 1873 (VIII of 1873) (c) the 'planting of trees, the reclaiming, enclosing, levelling and terracing of land for agricultural purposes and other works of a like (d) the zaildari and village officer's cesses; and nature; (e) sums payable on account of village expenses; (d) the erection of buildings required for the more convenient or (12)(cid:9) "village-cess" includes any cess, contribution or due which is cus- profitable cultivation of a tenancy; and tomarily leviable within an estate and if neither a payment for the use of (e) the renewal of construction of any of the foregoing works, or private property or for personal service, nor imposed by or under any en- such alternations therein, or additions thereto, as are not of the actment for the time being in force: nature of mere repairs and as durably increase their value; (13)(cid:9) "village officer" means a chief headman, headman or patwari. But it does not include such clearances, embankments, levellings (14)(cid:9) "Revenue Officer" or "Revenue Court" in any provisions of this Act enclosures, temporary well and water channels as are made by tenants means a Revenue Ofi•:Icer or Revenue Court having authority under this in the ordinary course of cultivation and without any special expenditure, Act to discharge the function of a Revenue Officer or Revenue Court as or any other benefit accruing to land from ordinary operations of the case may be under that provisions: husbandry. (15)(cid:9) "jagirdar" includes any person, other than a village servant, to whom Explanation II. –A work which benefits several tenancies may be deemed the land revenue of any land has been assigned in whole or in part by the to be with respect to each of them, an improvement. [Government] [Subs. for the word "Crown" by the Adaptation of Laws Or- Explanation Ill. –A work executed by a tenant is not improvement if it der, 19501 or by an officer of the [Government] [Subs. for the word "Crown" substantially diminishes the value of any other part of his landlord's by the Adaptation of Laws Order, 19501: property. (16)(cid:9) "legal practitioner means any legal practitioner within the meaning (20)(cid:9) [—] [Omitted by the Indian (Adaptation of Existing Indian Laws) Or- of the Legal PractitionerAct, 1879 (XVIII of 1879) except a mukhtar: der, 1947 Section 4(1)1 (17)(cid:9) "agriculture year" means the year commencing on the sixteenth Case Law day of June, or on such other date as the [State] [Subs. for the word "Pro- S. 4—Landlord and Tenant—Relationship of—Can come into existence as a result vincial" by the Adaptation of Laws Order, 19501Government may by notifi- of agreement—Agreement may be express or implied—Implied relationship may cation appoint for any local area: be inferred from the conduct of the parties—Payment of rent is one of the factors; (18)(cid:9) "notification" means a notification published by authority of the [State] 1990(1)ALL INDIA LAND LAWS REPORTER 61. [Subs. for the word "Provincial" by the Adaptation of Laws Order, 19501 Section 4(1)—Land Revenue Assessment Rules, 1929, Rule 2(2)—Punjab Government in the Official Gazette: and 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(cid:9) THE PUNJAB TENANCY ACT, 1887 THE PUNJAB TENANCY ACT, 1887(cid:9) 7 Sections:- 1 - 4 Sections:- 1 - 4 assessing the surplus area—The Sarani' Land if falls within the ambit of Banjar being tenant in jamabandi—Column of rent also empty—Entry of petitioner in Jadid' or 'Banjar Kadim' has to be excluded from surplus area—Matter remitted revenue record as a co-sharer gair maurisi does not ispo facts convey the status of 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 a tenant.; Bhoora Ram v. Mukh Ram : 2002(1) ALL INDIA LAND LAWS REPORTER (FC, Hry) 327 the case afresh. ; Wing Commander Paramprit Singh v. State of Punjab : 2009(1) ALL INDIA LAND LAWS REPORTER (P&H) 135 Section 4(5)—Haryana Utilisation of Surplus and other Areas Scheme, 1976— Sections 4(1) & 5— Tenant permissible area—Suit for recovery of rent—Tenant denied relationship of Grant of ownership rights in lieu of occupancy rights—Lands tenant and landlord—Land having been declared surplus, was tenants permissible 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 area, have vested in the State—No where in this record, land had been recorded as such occupancy rights cannot further ripen into ownership rights.; T.P.A.—Jamabandi record shows plaintiffs as owners and defendants as cultivators— Dharam Singh Plaintiffs suit was decreed by A.C. and confirmed upto F.C.—Appeal—Tenant has (deceased) L.Rs. and others v. Bhagwan Singh and others : 2005(3) ALL INDIA LAND LAWS REPORTER (Pb. & Hry.) 172 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 Section 4(1) & 5— Tenants rights to be declared occupancy Tenants—Where a continue to payment—Writ petition fails—Haryana Ceiling on Land Holdings Act, tenancy has last forever 50 years on a nominal rent inspite of inflation in agricultural 1972. ; Lal Chand v. The Sub Divisional Officer (Civil)-cum-Assistant Collector prices, and no demand for enhancement of rent was made, and there was an : 2002(1) ALL INDIA LAND LAWS REPORTER (P&H) 627 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 Sections 4(5) and 4(8)—Tenancy—Is constituted by the factum of cultivation plus (deceased) L.Rs. and others v. Bhagwan Singh and others : •p ayment of rent—In present case, respondent claimed to be tenants but no receipts 2005(3) ALL INDIA LAND LAWS REPORTER (Pb. & Hry.) 172 of payment of rent have been produced—Claim vitiated.; Orakurdwara Nityanand Section 4(1)—Plaintiff Mandir Khudan v. Dharmpal ; 2003(1) ALL INDIA LAND LAWS REPORTER seeks partition of suit property as he is the Co-sharer to the (F.C. Hry.) 226 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 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 of necessary parties (iii) plaintiff has abandoned his right, title interest and defendants have rent for Rabi 1983—Such order and plea would not govern the relationship earlier to become owners of land—Trial Court dismissed the suit of plaintiffs— Rabi 1983; 1990(1) ALL INDIA LAND LAWS REPORTER 391. 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 S. 4(5)—Appellant claims possession as a tenant—The question of fact has been definition of land as provided under Section 4 of Punjab Tenancy Act, 1887, Civil decided against.the appellant by the lower appellate Court—And mere mention of Court had jurisdiction to try the suit—Once upon a time the suit bearing and is a word "chair Marusi" does not clothe him with that status; 1995(2) ALL INDIA nature of plots—For all intents and purposes, the suit land which once was LAND LAWS REPORTER 10.(cid:9) • agricultural stands converted into residential now—Revenue officer have no Sections 4(6) and 14— Landlord: is a person under whom the tenant holds the jurisdiction to effect partition of non-agricultural land—This was upheld and appeal land and to whom tenant is liable to pay rent— But the term in Section 14 is not by defendants was dismissed—Civil Procedure Code, 1908—Section 9—Punjab used in relation to a tenant as the land may not been occupied with consent—And land Revenue Act, 1887—Section 110.; Challu etc. v. Khushi Ram : 2001(1) ALL inspite of tenant having given up possession of the land, landlord is liable for arrears INDIA LAND LAWS REPORTER (P&H) 381 are made recoverable under Section 77(3) (n) of the Punjab TenancyAct— Strictly Section 4(3) & (4)—Rent—Arrears of Rent—According to the definition, rent speaking inspite of the tenant having gone out of the land, the owner remains a means whatever is payable to a landlord in money, kind or service by a tenant on landlord till the arrears are paid/recovered.; Vijay Singh v. The Financial account of the use or occupation of land held by him and arrears of rent means rent Commissioner, Haryana and others : 2003(3) ALL INDIA LAND LAWS which remains unpaid from the date on which it became payable—Words and. REPORTER (Pb. & Hry.) 515 Pharas.; Sardar Singh v. State of Punjab : 2000(3) ALL INDIA LAND LAWS Sections 4(6), 14 & 77—Whether a mortgagee in possession can successfully REPORTER (P&H) 28 maintain a suit for recovery of rent from landlord/mortgagor is the question to be Section 4(5)—Status of tenant—Petitioner and Respondent are brothers who decided—In this case the petitioner is the mortgagee with possession and the inherited land from their father and there was family settlement—Redemption of respondents 5 to 9 are the mortgagees now as tenants inducted by the plaintiff land by respondent does not confer status of a tenant on petitioner—To confer himself—Version of the plaintiff that dependents 5 to 9. are in possession of the status of tenant rent should be recorded in revenue record—No entry of petitioner 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(cid:9) 0-HE PUNJAB TENANCYACT, 1887(cid:9) THE PUNJAB TENANCY ACT, 1887(cid:9) 9 Section:- 5 Section:- 6 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 4, & 4(3)—Vesting of Rights in Panchayats and non proprietors—Appellants had Commissioner, Haryana and others : 2003(3) ALL INDIA LAND LAWS not accorded a status similar to occupancy tenants by custom or otherwise (though REPORTER (Pb. & Hry.) 515 not recorded as occupancy tenants in the revenue record), such as Dholidars, Chapter - II : Right of Occupancy Bhomidars, Butimars, Basikhuophaus, Saunjidars and Muciararidars- Appellants 5.(cid:9) were not mortgagees in favour of whom, the land was mortgaged with possession— Tenants having right of occupancy.—(1) A tenant — The Panchayat had vested right in the land in dispute. Held, Section 4(3) will be (a) who at the commencement of this Act has, for more than two gen- attracted only if the following 3 conditions are satisfied :- erations in the male line of descent through a grant-father or grand-uncle i) the person must be cultivating land which is part of Shamlat deh of village and fora period of not less than twenty years, been occupying land paying ii)h e should be cultivating such land for a period of 12 years immediately preceeding no rent therefor beyond the amount of the land revenue thereof and the the commencement of the Act; and rates and cesses for the time being chargeable thereon, or iii) he should be cultivating such land without payment of charges in excess of the (b) who having owned land, and having ceased to be landowner land revenue ancrcess. ; Puran & Ors. y. Gram Panchayat, Faridabad : 2006(2) . ALL INDIA LAND LAWS REPORTER-(Supreme Court) 319 thereof otherwise than by forfeiture to the Government or than by any voluntary act, has, since he ceased to be landowner continu- Sections 5 and 8, Right of Occupancy—Such is based on title—Title is not made ously occupied the land, or 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 (c) who, in a village or estate in which he is settled along with or occupied it consciously for thirty years in the manner described in sub Section (2) was settled by, the founder thereof as a cultivator therein, occu- of Section 5—They are precluded from establishing a right of occupancy. ; Puran pied land on the twenty-first day of October, 1868, and has continu- & Ors. v. Gram Panchayat, Faridabad : 2006(2) ALL INDIA LAND LAWS ously occupied the land since that date, or REPORTER (Supreme Court) 319 (d) Sections 5, 8 and 84—Occupancy rights—Grant of—Cultivation of land proved for who being jagirdar of the estate or any part of the,estate in which being more than 30 years—Crucial Jamabandi on the record for relevant year is the land occupied by him is situate, has continuously occupied the tampered copy—Photocopy of the duly attested jamabandi is at variance with land for not less than twenty years, or, having been such jagirdar, copy of Jamabandi on record—Collector directed to decide afresh after summoning occupied the land while he was jagirdar and has continuously oc- original revenue record and giving full opportunity to the parties.; Het Ram v. Badlu cupied it for not less than twenty years; : 2002(3) ALL INDIA LAND LAWS REPORTER (FC, Hry.) 87 has a right of occupancy in the land so occupied, unless, in the —S. 5(2)—Occupancy tenant—Tenant—Tenant in continuous possession of a price case of a tenant belonging to the class specified in clause (c), the landlord of land for more than 30 years and paying no rent beyond the amount of land proves that the tenant was settled on land previously cleared and brought revenue—Presumption is that such a tenant fulfills the conditions of clause (a) for under cultivation by, or at the expense of, the fOunder. Section 5(1)—Entitled to claim apportionment of compensation under the Land Acquisition Acti1990(1) ALL INDIA CAND LAWS REPORTER 53. (2) If a tenant proves that he has continuously occupied land for thirty Section 5(3) & 82—Application is for review of order recorded by the previous years and paid no rent thereof beyond the amount of the land revenue F.C.—Finding recorded are that hone of tenants, petitioners, have qualified the thereof and the rates and cesses for time being chargeable thereon it condition of holding the tenancy for over 30 years—Not entitled to get benefit under may be presumed that he has fulfilled the conditions of clause (a) of sub- Section 5 of the Tenancy Act—Held—•This finding of fact cannot be challenged in section (1). review—No merit in review application—Disallowed.; Harbans Singh v. State of (3) The words in that clause denoting natural relationship denotes Punjab ;1998(1) ALL INDIA LAND LAWS REPORTER (P.C., Pb.) 490 also relationship by adoption, including therein the customary appointment 6.(cid:9) Right of occupancy of other tenants recorded as having the of an heir and relationship, by the usuage of a religious community. Iright before passing. of puniab tenancy act, 1868.—A tenant recorded Case Law in a record-of-rights sanctioned by the [State] [Subs. for the words "Provin- Sections 5 and 8—Punjab cial" by the Adaptation of Laws Order, 19501Government before the twenty- Occupancy Tenets (Vesting of Proprietory Rights Act, 1953, Section 3—Punjab Village Common Lands (Regulations) Act, 1961, Section first day of OCtober, 1868, as a tenant having aright of occupancy in land 10 THE PUNJAB TENANCY ACT, 1887 Sectioils:- 7 -11 THE PUNJAB TENANCYACT, 1887 which he has continuously occupied from the time Sections:- 12 - 13 that record, shall be deemed to have a right (cid:9) of the reparation of unless the contrary has been (cid:9) (cid:9) of occupan cpy in(cid:9) th at land 7 in . a (cid:9) suit instituted before the peasstasbinligs hoef dt hbiys Aa cdte. cree of a competent Court PUNJAB TENANCYACT, 1868 THIS ACT (XXVIII of 1868) Ri lit of occu anc in land taken in exchan e.—If First column !Second Column has voluntarily exchanged the land, or any portion of the land,t hfoer tmenearlnyt Section Clause Section Sub-section(cid:9) Clause occupied by him for other land belonging to the same landlord, the land 1 2 3 4 5 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.(cid:9) g would have been sub- (1) 5 (1) (a) 8.(cid:9) Establishment of ri ht of occu anc 5 (2) 5 (1) (b) C h h o a s p e te e r x sh r a e ll s p s r ec s lu ta d t e e d an i y n p a e c r t s .— on N f o ro th m in e g s i t n a bthlies hf o oin n rge g r a o o i u n n g d s s ec o ti t o h n e s r o t f h th a i n s 5 5 ( ( 4 3 ) ) 5 5 ( ( 1 1) ) ( ( d c) ) on any ground other than the grounds specified in thos (cid:9)r e ight of occupancy 6 8 6 8 sections. S. 87-F. C. Case Law Chapter - Ill : RENT: Rents generally has admitted the claim of tenant as occupancy tenant on the basis of alonndg i mocpcruopvaetimone,n ntso increase of rent when agricultural produce prices have escalated 12.(cid:9) Respective rights of landlord and tenant to produce. (1)The by him— were made without approval of the land - rent for the time being payable in respect of a tenancy shall be the first owner, not objected to Land-owner is in appeal—Held0) Mere length of possession does not charge on the produce thereof. entitled a tenant to become an occupancy tenant—Such an intention is reflected at the inception of tenancy-00 annual rent was increase on mere ttoh abne (2) A tenant shall be entitled to tend, cut and harvest the produce of his one occasions—(iii) documents submitted for power connection for tenancy in due course of husbandry without any interference on the part of not been produced—Order passed by Revenue Authorities that reds tpuobnedweenllt hhaavde his landlord. acquired occupancy tenant rights cannot passed by the Assistant Collector lsi legally be sustained—Set aside—Order (3) Except where rent is taken by division of the produce the tenant 1995(2) ALL INDIA LAND LAWS Grade dismissing suit of the tenant is restored; shall be entitled to the exclusive possession of the produce. REPORTER 146. 9. Ri • ht of occu • anc not to be ac.uired b mere la (4) Where rent is taken by division of the produce— No tenant shall acquire a right of occupancy by mere lapse •osfe t imofe t.i me.— (a) the tenant shall be entitled to the exclusive possession of the 10. whole produce until it is divided, held Ri • ht of occu anc not to be ac • uired b 'oint owner in land in "oint ownershi .n one of several joint owners (cid:9) absence of custom to the (b) the landlord shall be entitled to be present at, and take part in loft contrary no the division of the produce, and under this Chapter in land jointly l aonwdn sehda ll acquired a right of occupancy 11. by them. (c) when the produce has been divided, the landlord shall be en- Continuance of existin occu anc titled to the possession of his share thereof. -ri hts._Notwithstanding anything in the anything in the foregoing sections of'this Chapter, a tenant 13.(cid:9) Commutation and alteration of rent.—Where rent is taken by who immediately before the commencement of this Act has a right of any of the following methods, namely: - occupancy in any land under an enactment specified in any line first column of the following table shall, of the (a) by division or appraisement of the produce, when this Act comes into force, be held to have, for all the purposes of this Act, a right of occupa (b) by rates fixed with reference to the nature of the crops grown, that land under the enactment specified in ncy in column of the table: - (c) by a rate on a recognized measure of area, the same line of the second (d) by a rent in gross on the tenancy, or 12(cid:9) THE PUNJAB TENANCY ACT 1887 (cid:9) THE PUNJAB TENANCY ACT, 1887 13 Section:- 14 (cid:9) 92 1Sections:- 15 -18 (e) partly by one of the methods specified in clause of this sub- section and partly by another or (a), (b) and (c) Section 14(A)(ii)—Recovery of rent from tenant—Ejectment of tenant—Once the others of them; land is declared surplus, it vests in State—Landowner had no right to seek ejectment one of those methods shall not be commuted in whale or in part of the tenant—No grounds to vary the orders of F.C. or to differ with same.; Sarup into another without the consent of both landlord and tenant. Singh v. The Financial Commissioner, Haryana ; 1998(1) ALL INDIA LAND (2)(cid:9) In the absence of a contract or a decree or order of competent LAWS REPORTER (P&H) 452 authority to the contrary, a tenant whose rent is taken by any of the meth- 15. Collection of rents of undivided properly.—When two or more ods specified in clauses (a), (b) and (c) of sub-section (1), or by the meth- persons are landlords of a tenant in respect of the same tenancy, the ten- ods specified in clause (d) of that sub-section, shall not be liable to pay for ant shall not be bound to pay part of the rent of his tenancy to one of those a tenancy rent at any higher rate, or of a higher amount, as the case may persons and part to another. be, than the rate or amount payable in respect of the tenancy for the pre- Produce--rents ceding agricultural year. 14.(cid:9) 16. Presumption with respect to produce rents removed before Payments for land occupied without consent of land- lord.—Any division or appraisement.—Where rent is taken by division or appraise- person in pdpsession of land occupied without the consent ment of the produce, if the tenant removes any portion of the produce at of the landlord shall be liable to pay for the use of occupation of that land such a time or in such a manner as to prevent the due division or ap- at the rate of rent payable in the preceding agricultural year, or if rent was praisement thereof, or deals therewith in a manner contrary to estab- not payable in that year, at such rate as the Court may determine to be lished usage, the produce may be deemed to have been as the fullest fair and equitable. crop of the same description on similar land in the neighbourhood for Case Law that harvest. Section 14-Mesne profits—Recovery of—Petitioner Purchasing land in good faith 17. Appointment of referee for division or appraisements.—If ei- from a person who sold them in bad faith- Petitioners occupied the land with the ther the landlord or the tenant neglects to attend,-either personally, or by consent of those purporting to be the owners-The person who illegally and wrongly agent, at the proper time for making the division or appraisement of the alienated the land not a party in the suit- -No relationship of owner and tenant produce or if there is a dispute about the division or appraisement, a Rev- between respondent and the petitioners-Relying Shimla Banking and Industries enue-Officer may, on the application of either party, appoint such person 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 as he thinks fit to be a referee to divide or appraise the produce, willful and blatant deception also should not be rewarded-Held further section 14 of 18. Appointment of assessors and procedure of referee.— (1) Punjab TenancyAct not applicable in the present case and petitioners not liable to When a Revenue-Officer appoints referee under the last foregoing sec- pay mense profits.; Jai Singh & ors. v. Smt. Reshma and anr.: 2003(2) ALL tion, he may, in his discretion give him instructions with respect to the INDIA LAND LAWS REPORTER (F. C. Hry) 354 S. association with himself or any other persons as assessors, the number, 14—Plaintiff was in cultivating possession as co-sharer—Plaintiff impugns the qualifications and selection of those assessors, and the procedure to be orders of D.D.P.O. imposing penalty of Rs. 1,78,000/- for use and occupation for followed in making the division or appraisement. period for which no rent had been paid as well as passed order of eviction—Trial Court dismissed the suit as order of DDPO, (as Collector) was binding on the (2) The referee so appointed shall make the division or appraisement plaintiff—Lower appellate Court accepted the appeal slashed the amount of penalty in accordance with any institutions which he may have received from the equal to the loss accrued to the Gram Panchayats and it comes to Rs. 4,500/- per Revenue Officer under the last foregoing sub-section. year.

for two years— Held--Unauthorised occupant is liable to pay at the rate of rent payable and in case no rent is payable, as decided by the Court—Tenancy Act (3) Before making the division or appraisement the referee shall give comes to rescue—Calculation of lease money done by the lower appellate Court notice to the landlord and the tenant of the time and place at which the seems to be proper—No illegality or infirmity is discernible—Punjab Village Common division or appraisement will be made, but, if either the landlord or the Lands (Regulation) Rules, 1964—Rule 29-A; 1995(2) ALL INDIA LAND LAWS tenant fails to attend either personally or by agent, the referee may pro- REPORTER 258. • ceed ex parte. (cid:9) 14(cid:9) THE PUNJAB TENANCY ACT, 1887 THE PUNJAB TENANCY ACT, 1887 15 Sections:- 19 - 21 Oections:- 22 - 24 flooded, the rent payable in respect of the land or part may be reduced (4)(cid:9) For the purpose of making the division or appraisement, the ref- to the share or rates, or with reference to the rent in gross, as the eree, with his assessors, if any, may enter upon any land on which or into case may be, paid by tenants, having a similar right of occupancy for any building in which the produce is. unirrigated or unflooded land of a similar description and with similar 19.(cid:9) Procedure after division or appraisement.— (1) The result of advantages. the division or appraisement shall be recorded and signed by the referee, 22.(cid:9) Enhancement of cash rents of occupancy tenants.— (1) Where and the record shall be submitted to the Revenue Officer. a tenant having a right of occupancy pays his rent entirely by a cash-rate (2) The Revenue Officer shall consider the record, and, after such fur- on a recognized measure of area or by a cash-rent in gross on his ten- ancy, the rent may be enhanced on the ground that after deduction there- ther inquiry, if any, as he may deem necessary, shall make an order either confirming or varying the division or appraisement. from of the land revenue of, and the rates and cesses chargeable on the tenancy, it is (3) The Revenue Officer shall also make such order as to the costs of the reference as he thinks fit. (a) if the tenant belongs to the class specified in clause (a) of sub- section (1) of Section 5, less than two annas per rupee of the amount (4) The cost may include the remuneration of the referee and of the of the land revenue; assessors, if any, and may be levied from the applicant before the ap- (b) if he belongs to any of the classes specified in clauses (b), (c) pointment of the referee subject to adjustment as the close of the pro- ceedings. and (d) of that sub-section less than six annas per rupee of the amount of the land revenue; 20.(cid:9) Enhancement of produce rents of occupancy tenants.— Where (c) if he belongs to the class specified in Section 6, or if his right of the rent of tenant having a right of occupancy in any land is a share of the occupancy is established under Section 8 and his rent is not regu- produce, or of the appraised value thereof, with or without an addition in lated by contract less than twelve annas per rupee of the amount of money, or is paid according to rates fixed with reference to the nature of the land revenue. the crops grown, or is a rent in gross payable in kind, the tenant shall be entitled to occupy the land in that rent. (2) In a case to which sub-section (1) applies, the rent may be en- Provided that when the land or any part thereof previously not hanced to an amount not exceeding two, six or twelve annas per rupee of irrigated or flooded becomes irrigated or flooded, the rent payable in respect the amount of the land revenue as the case may be, in addition to the of the land or part may, subject to the provisions of this Act, be enhanced amount of the land revenue of the tenancy and the rates and cesses charge- to the share of rates, or with reference to the rent in gross, as the case able thereon. may be, paid by tenants, having a similar right of occupancy, for irrigated (3) [1 JSub-clause (3) (added by Punjab Act XI of 1925) was omitted by or flooded land of a similar description and with similar advantages. the Indian (Adaptation of Existing Indian Laws). Order. 1947. S. 4(1)1 Case Law 23,(cid:9) Reduction of rents referred to in the last foregoing section:- Section 20—The application of the petitioners for recovery of share of produce The rent payable by a tenant to whom the last foregoing section applies was that a copy of the jamabandi was not attached with the petition which is may be reduced on the ground that the productive powers of his tenancy mandatory as per the Punjab Tenancy Act—A perusal of the order of the Assistant have been decreased by a cause beyond his control. Collector, 1st Grade clearly indicates that the large number of opportunities were General Provisions relating to suits for Enhancement or given to the petitioner for filing of the jamabandi which he failed—Application was rightly rejected—Petition dismissed. ; Balbir Singh v. Sukhbir Singh : 2009(1) reduction of Rent ALL INDIA LAND LAWS REPORTER (Financial Commissioner) 238 24.(cid:9) Enhancement and reduction of rent by suits.- (1) A Revenue 21.(cid:9) Reduction of rents referred to in the last foregoing section - Court, on the suits of either landlord or tenant, may, subject to the provi- When the and, or any part of the land, held by a tenant having a right of occu- sions of this and other sections of this Act, enhance or reduce the rent of pancy to whom the last foregoing section applies ceases to be irrigated or any tenant having a right of occupancy, (cid:9)(cid:9)(cid:9) 16(cid:9) THE PUNJAB TENANCY ACT, 1887 (cid:9) [THE PUNJAB TENANCY ACT, 1887 17 Sections:- 25 - 27 Sections:- 27(A) - 28 (2)(cid:9) enue Act, 1887, (XXXII of 1887), to determine the land revenue payable in Where a decree for the enhancement of the rent of such a tenant respect of the several holdings comprised in the estate in which the tenancy has been passed under the Punjab Tenancy Act, 1868, (XXXVIII of 1868), is situate shall determine also the amount of the land revenue of the tenancy, a suit for a further enhancement of his rent shall not lie till the expiration of or the proportionate share thereof payable by the tenant as rent. five years from the date of the decree, unless in the meantime the local area in which the land comprised in the decree is situate has been generally re- (2) Where an addition referred to in sub-section (1) is a percentage fixed assess and the revenue payable in respect of that land has been increased. with reference to the land revenue of the tenancy, or the whole or a share of the rates and cesses chargeable thereon, or both, the Revenue Officer shall (3) Subject to the provision of sub-section (2), a suit instituted for the en- in like manner from time to time alter the amount of the addition in proportion hancement of the rent of a tenant having a right of occupancy shall not be to any alteration of such land revenue or rates and cesses. entertained in either of the following cases, namely: (3) The sum or sums determined under the foregoing sub-sections, (a) If within the ten years next preceding its institution his rent together with any additions previously payable other than the additions re- has been commuted under Section 13 or enhanced under this section; ferred to in sub-section (2), shall be the rent payable in respect of the ten- ancy until there is again an alteration of the land revenue thereof or of the (b) if within that period a decree has been passed under this Act rates and cesses chargeable thereon or until the rent is enhanced by a suit dismissing on the merits a suits for the enhancement of his rent; under this Act. unless of land or some part of the land comprised in his tenancy, (4) An alteration of rent under this section shall not be deemed an en- not having irrigated, or flooded at the time of such commutation hancement or reduction or rent within the meaning of this Act. enhancement or decree, has become irrigated or flooded. [(5) --] fSub-section (5) (added by Puniab Act XI of 1925) was omitted by (4)(cid:9) [—] (Sub-clause (3) (added by Punjab Act XI of 1925) was omitted the Indian Adaptation of Existing Laws) Order 1947. Section 4(i)1. by the Indian (Adaptation of Existing Indian Laws) Order. 1947. S. 4(1) [27-A. -] fSec. 27-A together with the heading omitted by the Indian (Adap- 25.(cid:9) Direction as to extent of enhancement or reduction.- In en- tation of Existing Indian Laws) Order. 1947 Section 4(i)1 hancing or reducing the rent of any land; under the foregoing provisions of 28.(cid:9) Alteration of rent on alteration of area.=Every tenant shall— this chapter, the Court shall within the limits prescribed by those provi- sions, enhance or reduce the rent to such an amount as it considers fair (a) be liable to pay additional rent for all land proved to be in excess and equitable, but shall not in any case fix the rent at a sum less the amount of the area for which rent has been previously paid by him, unless of the land revenue of the land and the rates and cesses chargeable, it is proved that excess is due to the addition to his tenancy of land thereon. which, having previously belonged to the tenancy, was lost by diluvion 26.(cid:9) or otherwise without any reduction of the rent being made; and Time for enhancement or reduction to take effect - (1) Unless the Court decreeing an enhancement of rent otherwise directs ;the enhance- (b) be entitled to an abatement of rent in respect of any deficiency ment shall take effect from the commencement of agricultural year next proved to exist in the 'area of his tenancy as compared with the following the date of the decree. 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 (2) - A Court decreeing a reduction of rent shall specify in the decree the added to the area of the tenancy by alluvion or otherwise, and that date on and from which the reduction is to take effect. an addition has not been made to the rent in respect of the addition 27.(cid:9) Adjustment of rents expressed in terms of the land liven ue.— to the area. (1) Where the rent of a tenancy is the whole or a share of the land rev- (2)(cid:9) In determining the area for which rent has been previously paid the enue thereof, with or without an addition in money, kind or service, and Court shall have-regard to the following among other matters namely:-. the land revenue of the holding in which the tenancy is situate is altered, a Revenue-Officer having authority under Section 56 of the Punjab Land Rev- (a) the origin and conditions of the tenant's occupancy for instance whether the rent was a rent in. gross for the entire tenancy; THE PUNJAB TENANCY ACT,1837(cid:9) 19 18(cid:9) THE PUNJAB TENANCY ACT, 1887 Section:- 31 Sections:- 29 - 30 (b) whether the tenant has been allowed to hold additional land in When the payment of the rent of any kind has been suspended consideration of an addition to his total rent or otherwise with the under this clause it shall remain under suspension until the Collector orders knowledge and consent of the landlord; and the revenue of that land to be realized.) (Substituted for the old sub-section (c) the length of time during which there has been no dispute as to by Punjab Act 1 of 1906. Section 3) rent or area. An order passed under sub-section (1) shall not be liable to be (2) (3) In adding to or abating rent under this section, the Court shall add contested by suit in any Court. to or abate the rent to such an amount as it deems to be fair and equitable, A suit shall not lie for the recovery of any rent of which the payment (3) and shall specify in its decree the date on and from which the addition or has been remitted, or during the period of suspension, of any rent of which abatement is to take effect. the payment has been suspended. (4) An addition to or abatement of rent under this section shall not Where the payment of rent has been suspended, the period during (4) be deemed an enhancement or reduction of rent within the meaning which the suspension has continued shall be excluded in the computation of this Act. of the period of limitation prescribed for a suit for the recovery of the rent. Remission If the landlord collects from a tenant any rent of which the payment [(5)(cid:9) 29.(cid:9) Remission of rent by courts decreeing arrears. —Notwith- has been remitted, or is under suspension, the Revenue Officer may re- standing anything in the foregoing sections of this Chapter if it appears to a cover from the landlord the amount or value of rent so collect, and may Court making a decree for an arrear of rent that the area of a tenancy has also recover by way of penalty a further sum not exceeding such amount been so diminished by diluvion or otherwise or that the produce thereof or value, and may cause to be refunded to the tenant the amount or value has been so diminished by drought, hail deposit of sand or other like of the rent so collected from him.] [Subs. for the old sub-section by Pb. Act calamity, that the full amount of rent payable by the tenant cannot be 1 of 1906 Section 4] equitably decreed, the Court may with-the previous sanction of the Col- The provisions of this section relating to the remission and sus- (6)(cid:9) lector, allow such remission from the rent payable by tenant as may ap- pension of the payment of rent may be applied, so far as they can be pear to it to be just. made applicable to land of which the land revenue has been released, 30.(cid:9) Remission and suspension of rent consequent on like treat- compounded for or redeemed in any case in which, if the land revenue in ment of land revenue.- [(1) Whenever the payment of the while or any respect of the land had not been released compounded for or redeemed, part or the land revenue payable in !respect of any land is remitted or sus- the whole or any part of it might in the opinion of the Revenue Officer, be pended, a Revenue Officer may. if the rent be payable in cash or be rent remitted or suspended under the rules for the time being in force regulating payable in kind of which the amount is fixed by order, remit or suspend, the remission and suspension of land revenue. as the case may be the payment of the rent of that land to an amount Any sum of which the recovery is ordered under sub-section (5) on [(7)(cid:9) which may bear the same proportion to the whole of the rent payable in account of rent or penalty may be recovered by the Collector as if it were respect of the land as the land revenue of which payment has been re- an arrear of land revenue.] [Added by Pb. Act 1 of 1960, Section 51 mitted or suspended bears to the whole of land revenue payable in re- DEPOSITS spect of the land: (Substituted for the old sub-section by Punjab Act 1 of Power to deposit rent in certain cases with revenue officer.- 1906. Section 3) 31.(cid:9) Provided that in the case of an occupancy-tenant, whose rent is of - In either of the following cases, namely: when a landlord refuses to receive, or grant a receipt for, any the nature hereinbefore in this sub-section described, the remission or (a) suspension of the land revenue payable in respect of the land shall, in rent payable in money when tendered to him by a tenant. the absence of a written order by a Revenue Officer to the contrary when a tenant is in doubt as to the person entitled to receive (b) carry with it a proportionate remission or suspension, as the case may rent payable in money, be of his rent. (cid:9)(cid:9)(cid:9)(cid:9) (cid:9) (cid:9) jTHE PUNJAB TENANCY ACT, 1887(cid:9) 21 20 THE PUNJAB TENANCY ACT, 1887 Sections:- 34 - 35 Sections:- 32 - 33 Leases for Period exceeding term of Assessment of Land Revenue the tenant may apply to a Revenue Officer for leave to deposit the rent in his office, and the Revenue Officer shall receive the deposit if after 34.(cid:9) Treatment of leases for period exceeding or equal to term of examining the applicant, he IS satisfied that there is sufficient ground for assessment of land revenue.-- (1) Where a lease has been granted or the application and if the applicant pays the fee, if any, chargeable for the an agreement has been entered into, by a landowner in respect of any issue of the notice next hereinafter referred to. land, assessed to land revenue fixing for a period exceeding the term for which the land revenue has been assessed, the rent or ether sum payable 32.(cid:9) Effect of depositing rent.- (1) When a deposit has been so re- in respect of the land under the lease or agreement, and that term has ceived it shall be deemed to be a payment made by the tenant to his land- expired, lease or agreement shall be voidable— lord in respect of rent due. (a) at the option of the landowner if the land revenue of the land has (2) The Revenue Officer receiving the deposit shall give notice of been enhanced and the person to whom the lease has been granted 'the receipt thereof to every person who he has reason to believe claims or with whom the agreement has been entered into refuses to pay or is entitled to the deposit, and may pay the amount thereof to any such rent or ether sums as a Revenue Court, on the suit of the person appearing to him to be entitled thereto or may, if he thinks fit, land-owner, determines to be fair and equitable [—] JThe words "or retain the deposit pending the decision of a competent Court as to the a Revenue Officer under the provisions of Section 27 -A has deter- person so entitled. mined to be proper" (inserted by Section 7 of Punjab Act XI of 1925) (3) No suit or ether proceeding shall be instituted against the [Govern- omitted by the Indian (Adaptation of Existing India Laws) Order. 1947. ment] (Subs. for the word "Crown" by the Adaptation of Laws Order, or Section 4(1) and against any officer of the [Government] in respect of anything done by a where the relation of landlord and tenant exists between the grantor Revenue Officer under this section, but nothing in this sub-section shall and grantee of the lease or between the persons who entered into prevent any person entitled to receive the amount of any such deposit from the agreement- recovering it from a person to whom it has beenpid by a Revenue Officer. (b) at the option of the tenant if the land revenue of the land has 33.(cid:9) Recovery of rent from attached produce.— (1) If an order is been reduced and the landlord refuses to accept such rent has a made by any Court for the attachment of the produce of a tenancy or of any Revenue Court, on the suit of the tenant, determines to be fair and part of a tenancy, the landlord may apply to the Revenue Officer by whom equitable[—] (The words "or a Revenue officer under the provi- the attachment is to-be or has been made to sell the produce and pay to sions of Section 27-A has determined to be proper" (inserted by him out of the proceed of the sale thereof the amount or value of – Section 7 of Punjab Act XI of 1925) omitted by the Indian (Adapta- (a) any rent'which has fallen due to him in respect of the tenancy tion of Existing Indian Laws) Order. 1947, Section 4(1) within the year immediately preceding the application and (2)(cid:9) Any agreement relative to the occupation, rent, profits or produce (b) the rent which will be falling due after the harvesting of the pro- of any land which has been entered into for the term of the currency of an duce and is chargeable against it. assessment shall, unless a contrary intention clearly appears in the agree- (2)(cid:9) The Revenue Officer shall give the person at whose instance the ment is terminated by consent of parties or course of law, continue in force attachment was made an opportunity of showing cause why the application until a revised assessment takes effect. • of the landlord should not be granted, and, if he finds the landlord's claim to CHAPTER - IV : RELINQUISHMENT, ABANDONMENT AND the whole or any part of the rent to be proved he shall cause the produce are EJECTMENT such portion thereof as he may deem necessary to be sold and shall apply RELINQUISHMENT the proceeds of the sale in the first instance to satisfy the claim. 35.(cid:9) Relinquishment by tenant for a fixed term.— A tenant holding (3)(cid:9) The finding of the Revenue Officer under sub-section (2) shall have for a fixed term-under a contract or a decree or order of competent author- the force of a decree in suit between the landlord and the tenant. ity may relinquish his tenancy without notice at the end of that term. (cid:9)(cid:9)(cid:9)(cid:9)(cid:9)(cid:9) 22(cid:9) THE PUNJAB TENANCY ACT, 1887 THE PUNJAB TENANCY ACT, 1837(cid:9) 23 Sections:- 36 - 39 Section:- 40 36.(cid:9) Relinquishment by any other tenant— Any other tenant may Case Law relinquish his tenancy by giving verbally or in writing to his landlord, or to —Ss. 39, 40 and 48—Subletting and non-payment of the rent to the land-owners his landlord's agent, on or before the fifteenth day of January in any year, established in the Court of Assistant Collector Grade I—Further held that relationship notice of his intention to relinquish the tenancy at the end of the agricultural of landlord/tenant existed between the parties--Ejectment ordered—Upheld by the year then current. Collector in appeal—In appeal Commissioner reversed the order--Allowed the tenant to pay arrears of rent under S. 48 of the Act—F.C. reversed orders of the Commissioner (2) The tenant may, instead of, or in addition to, giving the notice in the and restored orders of the Collector observing that S. 48 applied to tenants falling manner mentioned in sub-section (1), apply to a Revenue Officer on or under S. 39(a) and (b) and S. 40—Case of petitioners falls under neither—Benefit of before the date aforesaid to cause the notice to be served on the landlord, S. 48 cannot be allowed; 1992(2) ALL INDIA LAND LAWS REPORTER 591. and the Revenue Officer on receiving the cost of service from the tenant, Section 39 to 41—Plaintiff suit for restraining defendants from interfering with their shall cause the notice to be served as soon as may be. possession—Jamabandi of 1971-72 and again of 1991-92 show plaintiffs recorded as (3) If the tenant does not give notice in the manner prescribed in this tenants of the defendants—At lease prima fade Revenue Act, Section 122 would not section, he shall be liable to pay the rent of his tenancy for any part of the be applicable—Concurrent findings of the court below is that—Provisions of 39 to 41 ensuing agricultural year during which the tenancy is not let by the land- Tenancy Act, readwith Section 42 of the same Act give a complete protection to the lord to some other person or is not cultivated by the landlord himself. tenant—Cannot be ejected except for procedure prescribed therein—This view does not appear to be erroneous—Plaintiffs being original tenants under the original landowner, 37.(cid:9) Relinquishment of part only of tenancy.—A tenant cannot, with- the suit as decreed by lower court is confirmed—Punjab Land Revenue Act, 1887— out the consent of his landlord, relinquish a part only of his tenancy. Section 122.; Gurudwara Sahib Patshahi Naumi Guri Teg Bahadur Sahib Hind ABANDONMENT v. Jaggar Singh. : 2000(4) ALL INDIA LAND LAWS REPORTER (Pb. & Hry.) 48.. 38.(cid:9) Abandonment of tenancy by occupancy tenant.-(1) If a tenant 40.(cid:9) Grounds of ejectment of tenant for a fixed term: -A tenant not having a right of occupancy fails for more than one year without sufficient having a right of occupancy but holding for a fixed term under a contract or cause to cultivate his tenancy, either by himself or some other person, and a decree or order of competent authority, shall be liable to be ejected from to arrange for payment of the rent thereof as it falls due, the right of occu- his tenancy at the expiration of that term, and, on any of the following grounds, before the expiration thereof namely: pancy shall be extinguished from the end of that year. (a) that he has used the land comprised in the tenancy in a'manner (2)(cid:9) [--] Sub clause (2) of Section 38 (inserted by Punjab Act XI of 1925) was which renders it unfit for the purposes for which he held it; omitted by the Indian (Adaptation of Existing Laws) Order. 1,947. Section 4(i)) EJECTMENT : LIABILITY OF EJECTMENT (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 39.(cid:9) Grounds of ejectment of occupancy tenant.— (1) Atenant hav- customary in the locality in which the land is situate; ing a right of occupancy shall be liable to, be ejected from his tenancy on any of the following grounds, namely: (c) on any ground which would justify ejectment under the contract. decree or order. (a) that he has used the land comprised in the tenancy in a manner which renders it unfit for the purpose for which he held it; Case Law Sections 40 and 77—Ejectment from agricultural land ordered by cCiector, upheld (b)w here rent is payable in kind, that he has without sufficient cause by Commissioner—Revision petitioners had done some construction on the land failed to cultivate that land in the manner or to the extent customary for agricultural purposes and keeping agricultural equipment therein—They have in the locality in which the land is situate; also made available drinking water on the road side for general public—Construction (c) when a decree for an arrear of rent in respect of his tenancy is in the nature of home stead for agricultural purposes—No damage or harm is has been passed against him and remains unsatisfied. caused to anyone if the homestead can be used by the passers by and if water is made available to them—No evidence that the shop like constructions are being (2)(cid:9) .(cid:9) [--] (Omitted by the Indian (Adaptation of Existing Law) Order 1947. used for commercial purposes—Ejectment orders are set aside. ; Kesho Ram v. Section 4(i). . Kamla Devi : 2000(2) ALL INDIA LAND LAWS REPORTER (FC, Hry.) 194 24(cid:9) THE PUNJAB TENANCY ACT, 1887 THE PUNJAB TENANCY ACT, 1887(cid:9) 25 Sections:- 41 - 45 Section:- 46 41.(cid:9) Ejectment of tenant from year to year.—A tenant who has not a (3)(cid:9) The notice shall specify the name of the landlord on whose appli- right of occupancy and does not hold for a fixed term under a contract or a cation it is issued and describe the land to which it relates, and shall inform decree or order of competent authority, may be ejected at the end of any the tenant that he must vacate the land before the first day of May next agricultural year. following, or that, if he intends to contest his liability to ejectment, he must PROCEDURE OF EJECTMENT institute a suit for that purpose in a Revenue Court within two months from 42.(cid:9) Restriction of ejectment.— A tenant shall not be ejected other- the date of the service of the notice. wise that-in-execution-of-a-decree forejectment-excephrrthe-following (4)— The notice shall also inform the tenant that if he does not intend to cases, namely: contest his liability to be ejected and he has any claim for compensation on (a) when a decree for an arrear of rent in respect of his tenancy ejectment, he should within two months from the date of the service of the has been passed against him and remains unsatisfied; notice prefer his claim to the Revenue Officer having authority under the next following sub-section to order his ejectment in the circumstances (b) when the tenant has not a right of occupancy and does not hold described in that sub-section. for a fixed term under a contract or a decree or order of competent authority. (5) If within two months from the date of the service of the notice the tenant does not institute a suit to contest his liability to be ejected a Rev- 43.(cid:9) Application to revenue officer for ejectment.—In any such case enue Officer, on the application of the landlord shall, subject to the provi- as is mentioned in clause (a) or clause (b) of the last foregoing section the sions of his Act with respect to the payment of compensation, order the landlord may apply to a Revenue Officer for the ejectment of the tenant in ejectment of the tenant: the case mentioned in the former clause or for the service on the tenant of a notice of ejectment in the case mentioned in the latter clause. Provided that the Revenue Officer shall not make the order until he is satisfied that the notice was duly served on the tenant. 44.(cid:9) Ejectment for failure to satisfy decree for arrear of rent.- - (1) On receiving the application in any such case as is mentioned in clause (6) If within those two months tenant institutes a suit to contest his liability to be ejected and fails in the suit, the Court by which the suit is (a) of Section 42 the Revenue Officer shall, after such inquiry, with respect determined shall by its decree direct the ejectment of the tenant. to the existence of the arrear as he deems necessary, cause a notice to be served on the tenant stating the date of the decree and the amount due Case Law thereunder, and informing him that if he does not pay that amount to the Section 45--Revenue Act, talks of a right which an aggrieved person may agitate if Revenue Officer within fifteen days from receipt of the notice he will be he is in possession of the land—Applicants here were deprived of the possession ejected from the land. by an order of the State as early as ,,about 1902—And later confirmed by consolidation proceedings--Stood so for years as having been decided by the then (2)(cid:9) If the amount is not so paid the Revenue Officer shall, subject to the Tehsildar and Nazim—This would then operate as res-judicata to the present provisions of this Act with respect to the payment of compensation, order application—The position is different—Those not in possession want the record of the ejectment of the tenant unloss good cause is shown to the contrary. rights to be amended and such request cannot be entertained by the Revenue 45.(cid:9) Ejectment of tenant from year to year by notice.— (1) On re- Court as per Section 158(2)(vi)—Decree or decision of a Revenue Court having no jurisdiction could not operate as res-judicata—Suit for declaration is to be filed ceiving.the application of the landlord in any such case as is mentioned in under Specific Relief Act— Jurisdiction. of Civil Court is not barred by Section 77(3) clause (b) of Section 42, the Revenue Officer shall, . if the application is in of Punjab TenancyAct, Punjab Land Revenue Act, 1887-Section 45-A; 1995(2) All order and not open to objection on the face of it cause a notice of eject- INDIA LAND LAWS REPORTER 372/373. ment to be served on the tenant. 46.(cid:9) Power to make rules.1- The Financial Commissioner may make (2)(cid:9) A notice under sub-section (1) shall not be served after the fifteenth rules prescribing day of November in any [agricultural] (Ins. by the Rep. and Amending Act, 1891 (XII of 1891) year. (a) the form and language of application 'and notices under the two last foregoing sections; and (cid:9)(cid:9)(cid:9)(cid:9)(cid:9) 26(cid:9) THE PUNJAB TENANCY ACT, 1887 Sections:- 47 - 49 O-HE PUNJAB TENANCY ACT, 1887 (cid:9) 27 (b) the manner in which those applications Sections:- 50 - 52 and notices are to be signed and attested. (3)(cid:9) When a tenant for whose ejectment proceedings have been taken GENERAL PROVISIONS RESPECTING EJECTMENT has conformably with local usage prepared for sowing any land comprised 47.(cid:9) Time for ejectment.- in his tenancy but has not sown or planted crops on that land, he shall be A decree or order for the ejectment of a ten- ant shall not be executed at any other time than between the first day of entitled to receive from the landlord before rejectment a fair equivalent in May and the fifteenth day of June (both days inclusive), unless the Court money for the labour and capital expended by him so preparing the land, making the decree or, where the order is made under Section 44, the of- and the Court or Revenue Officer before which or whom the proceedings ficer making the order, otherwise directs. are pending shall, on the application of the tenant, determine the sum pay- 48.(cid:9) Relief against forfeiture.— able to the tenant under this sub-section stay his ejectment until that sum (1) If in a suit for the ejectment of a has been paid to him. tenant on either of the grounds mentioned in clauses (a) and (b) of Section RELIEF FOR WRONGFUL DISPOSSESSION 39 or of Section 40, it appears to the Court that the injury caused by the Act 50.(cid:9) or omission on which "the suit is based is capable of being remedied, or Relief for wrongful dispossession or ejectment.- In either of the following cases, namely— that an award of compensation will be sufficient satisfaction to the landlord therefore, the.Court may, instead of making a decree for the ejectment of (a) if a tenant has been dispossessed without his consent of his the tenant, order him to remedy the injury within a period to be fixed in the tenancy or any part thereof otherwise than in execution of a decree order, or order him to pay into Court, within such a period; such compen- or than in pursuance of an order under Sections 44 and 45 sation as the Court thinks fit. (b) if a tenant who, not having instituted a suit under Section (2) 45, The Court may from time to time, for special reasons, extend a has been ejected from his tenancy or any part thereof in pursuance period fixed by it under sub-section (1). of an order under that Section denies his liability to be ejected. (3) If within the period, or extended period, as the case may be, fixed The tenant may, within one year from the date of his dispossession by the Court under this section, the injury is remedied or the compensation or ejectment, institute a suit for recovery of possession or occupancy or is paid, a decree for the ejectment of the tenant shall not be made. for compensation, or for both. 49.(cid:9) Rights of ejected tenants in respect of crops and land pre- 50-A. Bar of civil suits.- No person whose ejectment has been or- bared for showing.[— (1) Where at the time of the proposed ejectment of dered by a Revenue Court under Section 45, sub-section (6), or whose a tenant from any land his uncut or ungathered crops are standing on any suit has been dismissed under Section 50, may institute a suit in a civil part thereof, he shall not be ejected from that part until the crops have court to contest his liability "to ejectment, or to recover possession or ripened and he has been allowed a reasonable time to harvest them. occupancy rights or to recover compensation]. (Inserted by Puniab Act V' (2)(cid:9) of 1929 Section 2) The Court or Revenue Officer decreeing or ordering the ejectment • of the tenant may, on the application of the landlord, determine any dispute 51. Bar of relief by suit under section 9, act 1 of 1877.- Possession arising in consequence of the provisions of sub-section (1) between the of a tenancy or of any land comprised in a tenancy shall not be recoverable landlord and tenant or between the landlord and any person entitled to har- under section 9 of the Specific Relief Act, 1877. (1of 1877) (by a tenant vest the crops of the tenant, and may in its or his discretion- dispossessed thereof.] (Inserted by Punjab Act V of 1929 section 2) (a) direct that the tenant pay for the longer occupation of the land POWER TO VARY DATES PRESCRIBED BY THIS CHAPTER secured to him under sub-section (1) such rent may be fair and 52. equitable, or Power for fstatel government to fix dates for certain pur- oset— (Subs. for the words "Provincial" by the Adaptation of Laws Or- (b) 1de1r. §. 11 determine the value of the tenant's uncut and ungathered crops, ) (1) The [State) (Subs. for the words' "Provincial by theAdaptation of Laws O.r -der1 and, on payment thereof by the landlord to the Court or Revenue 1950 Government may, for an or any of the territories ,under its Officer, forthwith eject the tenant. administration, by notification, fix for the purposes of Sections 36, 45 and 47 or any of those sections, any-other dates instead of those specified therein. THE PUNJAB TENANCYACT, 1887 ITIE PUNJAB TENANCY ACT, 1887(cid:9) 29 28 Sections:- 54 - 57 Sections:- 52(A) - 53 A notification under this section shall not take effect till after the chase-money as is required for that purpose and pay the balance, if any, to (2)(cid:9) the tenant, or retain the purchase- money pending the decision of a Civil expiration of six months from the date of the publication thereof. Court as to the person or persons entitled thereto. CHAPTER - V : Alienation of, and Succession to, Right of Occupancy (10) Where there are several landlords of a tenancy, anyone of them may be deemed to be the landlord for the purposes of this section. ALIENATION [-] (Section 52-A added by the Punjab Tenancy (Amendment) Act. (11) No suit or other proceeding shall, be instituted against the [Govern- 52-A ment], (Subs. for the word "Crown" by the Adaptation of Laws Order, 1950) 1925 (10 of 1925). Section 10 omitted by the Indian Adaptation of Existing or against any officer of the [Government] (Subs: for the word "Crown" by Laws Order. 1947. Section 4(i)) the Adaptation of Laws Order 1950) in respect of anything done by a rev- 53.(cid:9) Private transfer of right of occupancy under section 5 by ten- enue Officer under the two last foregoing sub-sections, but nothing in this (1) A tenant having a right of occupancy under Section 5 may transfer ant.- sub-section shall prevent any person entitled to receive the whole or any that right by sale, gift or mortgage subject to the conditions mentioned in part of the purchase-money from recovering it from a person to whom it this section. has been paid by a Revenue Officer. If he intends to transfer the right by sale, gift, mortgage by condi- (2) 54. Procedure on foreclosure of mortgage of right of occupancy tional sale or usufructuary mortgage, he shall cause notice of his intention under section 5.- Where a mortgagee of a right of occupancy under Sec- to be served on his landlord through a Revenue Officer and shall defer tion 5 proposes to foreclose his mortgage, or otherwise enforce his lien on proceeding with the transfer of a period of one month from the date on the land subject to the right, the provisions of the last foregoing section which the notice is served. shall, so far as they can be made applicable, apply as if the mortgagee (3) Within that period of one month the landlord may claim to purchase were the tenant. the right at such value as a Revenue Officer may, on application made to 55. Sale of right of occupancy under section 5 in execution of him in this behalf, fix. decree.— (1) A right of occupancy under Section 5 may be sold in execu- (4) When the application to the Revenue Officer is to fix the value of a tion of a decree or order of a Court. right of occupancy which is already mortgaged he shall fix the value of the (2)(cid:9) But notice of an intended sale of any such right shall be given by rights as if it were not mortgaged. the Court to the landlord, and, if at any time before the close of the day on (5) The landlord shall be deemed to have purchased the right if he which the sale takes place the landlord pays to the Court or to the officer pays the value to the Revenue Officer within such times as that officer conducting the sale a deposit of twenty-five per centum on the highest bid appoints. made at the sale, he shall be declared to be the purchaser instead of the On the value being so paid, the right of occupancy shall be extinct, person who made that bid. (6) and the Revenue Officer shall, on the application of the landlord, put the 56. Transfer of right of occupancy under any other section than landlord in possession of the tenancy. section 5.—A right of occupancy under any other section than Section 5 If the right of occupancy was already mortgaged the tenancy shall shall not be attached or sold in execution of a decree or order of any Court (7) pass to the landlord unencumbered by the mortgage but the mortgage- or, without the previous consent in writing of the landlord be transferred by private contract. debt shall be a charge on the purchase-money. If there is no such charge as aforesaid the Revenue Officer shall 57. Right and liabilities of transferee of right of occupancy.— When (8) subject to any directions which he may receive from any Court pay the a right of occupancy has been transferred by sale, gift or usufructuary mortgage to a person other than the landlord that person shall, in respect purchase-money to the tenant. of the land in which the right subsists, have the same rights and be subject If there is such a charge the Revenue Officer shall, subject as afore- (9) to the same liabilities as the tenant to whom before the transfer the right said either apply in discharge of the mortgage-debt so much of the pur- had belonged and was subject to. (cid:9) (cid:9) 30 THE PUNJAB TENANCY ACT, 1887(cid:9) 31 THE PUNJAB TENANCYACT, 1887 Section:- 60 Sections:- 58 - 59 Provided, with respect to clause (d) (Subs. for the letter "c" in 58.(cid:9) Subletting.- (1) A tenant having a right of occupancy in land may, brackets by Pb. Act IX of 1939. Section 2(iii) of this sub-section, that the subject to the provisions of this Act and to the conditions of any written common ancestor occupied the land. contract between him and his and his landlord, sublet the land or any part (Explanation.- (Added by Pb. Act 11 of 1927 Section 3. (This amendment thereof for any term not exceeding seven years. was made effective from the lEJ day of April 1920) For the purpose of clause (2)(cid:9) A person to whom land is sublet by' a tenant having a right of occu- (d), (Subs for the letter "c" in brackets by Punjab Act. IX of 1939. Section pancy therein shall, in respect of that land, and so far as regards the 2(iv)), land obtained in exchange by the deceased tenant or any of his landlord be jointly with the tenant, subject to all the liabilities of the tenant' predecessors-in- interest in pursuance of the provisions of sub-section (1) under this Act. of Section 58-A shall be deemed to have been occupied by the common ancest or if the land given for it in exchange was occupied by him] 58-A. Transfer of right of occupancy under any section of the act by exchange.- (1) Any tenant with a right 0.1 occupancy may, with the con- (2) As among descendants and collateral relatives claiming under sub- sent of his landlord, transfer his land to all the members of a Co-operative section (1) the right shall, subject to the provisions of that sub-section, Society for the Consolidation of Holdings of which both he and his landlord devolve as if it were land left by the deceased in the village in which the are members and 'Obtain from them any other land in exchange. (Added land subject to the right is situate. by Punjab Act 11 of 1927 Section 2. (This amendment was made effect (3) When the widow of a deceased tenant succeeds to a right of occu- from the 1st day of April 1920)) pancy, she shall not transfer the right by sale, gift or mortgagee or by sub- (2)(cid:9) Notwithstanding anything contained in this Act or any other enact- lease for a term exceeding one year. ment in force, any land obtained in exchange in' pursuance of the provi- (4) If the deceased tenant has left no such persons as are mentioned sions of sub-section (1) shall be deemed to be subject to the same right of in sub section (1) on whom, his right of occupancy may devolve under that occupancy as the land given for it in exchange.] sub-section the right shall be extinguished. SUCCESSION Case Law 59.(cid:9) Succession of right of occupancy.— When a tenant having a Section 59— Dholidar—'Bila-Lagan-Bawaja Punrath'—Dholidar— Without payment right of occupancy in any land dies, the right shall devolve- of rent for religious purposes)—Adverse possession—Plaintiff inherited all the rights (a) of Dholidar of her husband and two brothers in the suit land—In Revenue enteries on his make lineal descendants, if any, in the male line of de- they have been shown to be in cultivating possession— Defendants canhot be said scent, and to have become owners of that land by adverse possession— Appellate Court (b) failing such descendants, on his widow, if any, until she dies or erred in holding that defendants have acquired the right of ownership by adverse re-marries or abandons the land or is under the provisions of this possession. ; Chand Kaur v. Tulsi Ram (Dead) through L.Rs. and ors : 2007(1) Act ejected therefrom, and ALL INDIA LAND LAWS REPORTER (P&H) 61 [(c) Section 59— Punjab Settlement Manual—'Dohli'— 'Dohlidar'—Death bed gift failing such descendants and widow, on his widowed mother, if from land owner—'Dohli' tenure can never be termed as occupancy tenure— any, until she dies or re-marries or abandons the land or is under Dohli tenure is not of a perpetual tenancy—It is an instance of Malik Kabza i. e. the provisions of this Act ejected therefrom.] (Subs. for the old clause owner in possession—A 'dohlidar is owner of land for the purpose of land revenue by Punjab Act IX of 1959. Section 2(i)) as well land Tenures Act—A Dholidar is in the status of Malik Kabza. ; Chand [(d) Kaur v. Tulsi Ram (Dead) through L.Rs. and ors : 2007(1) ALL INDIA LAND failing such descendants and widow, or widowed mother or if LAWS REPORTER (P&H) 61 the deceased tenant left a widow or widowed mother, then when her interest terminates under clause IRREGULAR TRANSFERS (b) or (c) of this sub-section, on his male collateral relatives in the male line on descent from the 60.(cid:9) Irregular transfers of right of occupancy.-Any transfer made of common ancestor of the deceased tenant and those relatives.] (Ins. a occupancy in contravention of the foregoing provisions of this Chapter by Puniab Act XI of 1939. Section 2(i1)) shall be voidable at the instance of the landlord. 32 THE PUNJAB TENANCYACT, 1887 30(cid:9) Sections:- 61 - 62 (cid:9) THE PUNJAB TENANCY ACT, 1887 33 SE CHAPTER - V : Sections:- 63 - 68 5£ IMPROVEMENT AND CONDENSATION' (b) in the case of a tenant to whom sub-section (3) applies, to such st 61.(cid:9) Im r MPROVEMENTS BY LANDLORDS an amount as the tenant would be liable to pay if the land revenue ovements b landlords on c( t were reassessed. enancies of occu anc ten ants.— (1) without the previous permission of the Collector, a landlord oschcaull pnaont cmy.a ke an improvement on the tenancy of a tenant having a right of (5)(cid:9) Sections 25 and 26 shall be construed as applying to an applica- tion under this section, and a suit shall not lie in any Court for any purpose (2)(cid:9) p If a landlord desires to make such an for which an application might be made under this section. Is im IMPROVEMENTS BY TENANTS ply to the Collector or permission to make it, apnrdo vtheem Cenotl,l ehcet omr asyh aalpl,- tbheef oteren amnat.k ing an order on the application, hear the objection, 63. Title of occupancy tenant to make improvement.— A tenant (3)(cid:9) if any of having a right of occupancy is entitled to make improvements on his tenancy. CollectoInr smhaakll inbge gauni doerdde r on an application under sub-section (2) the 64. Title of tenants not having right of occupancy to make im- tren w t ord "Provincial" b by such rules, if any, as the [State] Subs. for p im ro p v ro e v m em en e t n s t . s — o n (1 h ) i s A t t e e n n a a n n c t y n w o i t t h h a th v e in a g s a s e r n ig t h o t f o h f i s o c la c n u d p l a o n rd c . y may make The wordsth We iAthd tah eta tion of Laws Order. 1950 Govern- .

1 General in Council" were re revious sanction of the Governor- (2)(cid:9) If at any time the question arises whether or not the landlord as- 914Lmake in this behalf. the Decentr sented to the making of an improvement by.a tenant not having a right of 62.(cid:9) a zation 1914 IV of occupancy, the assent may be inferred from circumstances. 'made bE an hlaanndcloermd ent of rent in consideration of an im 65. Improvements made before' commencement of this act.— a landlord has, with tohne the tenanc of an occu anc tenant.— r(o1v) eWmheennt Improvements made by a tenant before the commencement of this Act permission mentioned in the last foregoing sec- shall be deemed to have been made in accordance with this Act, unless in toh ti c o ec n tue , p n m aan a nc d ty. e h a e n m im ay p r a o p v p e ly m t e o n t t h o e n C t o h ll e e c te to n r a f n o c r y a n o f a tenant having a right of the case of a tenant not having a right of occupancy it is shown that the e improvement was made in contravention 'of a written agreement between (2)(cid:9) nhancement of the rent of him and his landlord. If the tenant is a tenant to whom Section 20 applies, the Collec- 66. Improvements begun in anticipation of ejectment.— A tenant tor shall enhance his rent to the share or rates, or with reference to his ejected in execution of a decree, or in pursuance of a notice of ejectment rent in gross, as the case may be, paid by tenants, having a similar shall not be entitled to compensation for any improvement begun by him aridgvhatn otaf goecsc.u pancy for land of a similar description and with after the institution of the suit, or service of the notice, which resulted in (3) If the tenant similar his ejecment. is a tenant to whom Section usnhdaell re tnhhaat nsceec thioisn r ent to such amount, as the tena2n2t wapopullide sb,e t he Collector 67. Tender of lease. for twenty years to tenant to be a bar to right if to compensation.- If a landlord tenders to a tenant' a lease of his tenancy (4) the land revenue was reassessed. liable to pay for term of not less than twenty years from the date of the tender at the rent When the improvement cease application of the tenant reduce th e to paid by the tenant, or at such other rent as may be agreed on the tender, if s to exist, the Collector may, on the (cid:9)rent, accepted by the tenant shall bar any claim by him to compensation in re- spect of improvements previously made on the tenancy. (a) in the case of a tenant to whom sub-section (2) applies, to the share or rates, or with reference to the rent 68. Liability to pay compensation for improvements to tenants on in case may be, paid by tenants, having a similar riggrhots os,f aosc cthue- ejectment or on enhancement of his rent.— Subject to" the foregoing tpaagnetsy; faonr dla nd of a similar description and with similar advan- provisions of this Chapter a tenant who has made an improvement on his tenancy in accordance with this Act shall not be ejected, and the rent pay- able by him shall not be enhanced, until he has received compensation for the improvement. `THE PUNJAB TENANCY ACT, 1887(cid:9) 35 34(cid:9) THE PUNJAB TENANCY ACT, 1887 !Sections:- 72 - 74 Sections:- 69 - 71 The tenant may apply to the Revenue Officer having authority to 69. Compensation for disturbance of clearing tenants.— (1)A ten- order his ejectment under Section 44 or Section 45 as the case may be, to ant who has cleared and brought under cultivation wasteland in which he determine the amount of compensation due to him for improvement or for has not a right of occupancy shall if rejected from that land, be entitled to disturbance or for both and the Revenue Officer shall determine the amount, receive from the landlord as compensation for disturbance in addition to if any, accordingly and stay the ejectment of the tenant until the landlord any compensation for improvements a sum to be determined by a Rev- pays to the Revenue Officer the amount so determined less any arrears enue Court or Revenue Officer in accordance with the merits of the case, of rent or costs proved to the satisfaction of the Revenue Officer to be due but not exceeding five years rent of the land. to the landlord from the tenant. Provided that a tenant who is a joint owner of land to which this 72.(cid:9) Matters to be regarded in assessment of compensation for section applies shall not be entitled to compensation for disturbance on improvement.— In estimating the compensation to be awarded under ejectment from the land or any part thereof. this Chapter to a tenant for an improvement, the Court or Revenue officer (2)(cid:9) If rent has been paid for the land by devision or appraisement of the shall have regard to produce or by fates fixed with reference to the nature of the crops grown, (a) the amount by which the value or the produce of the tenancy or or if not rent, or no rent other than the land revenue of the land and the rates the value of that produce is increased by the improvement; and cesses chargeable thereon, has been paid therefore, the compensa- (b) the condition of the improvement and the probable duration of tion may be computed as if double the amount of the land revenue of the its effect; land were the annual rent thereof. (c) the labour and capital required for the making of such an im- [Provided that in any estate of which the assessment has been provement; confirmed on or after the twenty-second day of February, 1929, the compensation may be computed as if four times the amount of the land (d) any reduction or remission of rent or other advantage al- revenue of the land were the annual rent thereof.] (Added by PuniabAct. 4 lowed to the tenant by the landlord in consideration of the im- of 1933. Section 2). provement; and PROCEDURE IN DETERMINING COMPENSA TION (e) in the case of a reclamation, or of the conversion of unirrigated into irrigated land, the length of time during which the tenant has 70. Determination of compensation by revenue courts.— (1) In had the benefit of the improvement. every suit by a tenant to contest his liability to ejectment or by a landlord to eject a tenant or to enhance his rent, the Court shall direct the tenant to file 73.(cid:9) Form of compensation.— (1) The compensation shall be made a statement of his claim, if any, to compensation for improvement's or for by payment in money, unless the parties agree that it be made in whole or disturbance and of the grounds thereof. in part by the grant of a beneficial lease of land or in some other way. (2)(cid:9) If the Court decrees the ejectment of the tenant or the enhance- (2)(cid:9) If the parties so agree, the Court or Revenue Officer shall make an ment of his rent it shall determine the amount of compensation, if any, due order accordingly. to the tenant and shall stay execution of the decree until the landlord pays 74.(cid:9) Relief in case of ejectment before determination. of com- into Court that amount less any arrears of rent or costs proved to the sat- pensation.— (1) If from any cause the amount of compensation pay- isfaction of the Court to be due to him from the tenant. able to a tenant- 71. Determination of compensation by revenue officers.— In ei- (a) under this Chapter for improvements of disturbance, or ther of the following cases, namely: (b) under Section 49 for the value of uncut or ungathered crops or (a) when a notice has been served on a tenant under Section 44, the preparation of land or sowing, has not been determined before (b) when a notice of ejectment has been served on a tenant under the tenant is ejected, the ejectment shall not be invalidated by rea- Section 45 and the tenant has not instituted a suit to contest his son of the omission, but the Court or Revenue Officer which de- liability to be ejected. 36(cid:9) THE PUNJAB TENANCY ACT, 1887 THE PUNJAB TENANCY ACT, 1887(cid:9) 37 Sections:- 75 - 76 Sections:- 75 - 76 cree or who ordered the ejectment may, an application made by the tenant within one year from the date of the ejectment, correct (e) applications under Section 53 or Section 54 for the fixing of the the omission by making in favour of the tenant an order for the value of a right of occupancy; payment to him by the landlord of such compensation as the Court or officer may determine the tenant to 'be entitled to: (f) applications under Section 53 or Section 55 by landlord for pos- session of land, the right of occupancy in which has become ex- (2)(cid:9) An order made under sub-section (1) may be executed in the same tinct; manner as a decree for money may be executed by a Revenue Court, (g) proceedings under Chapter V1 with respect to the award of CHAPTER - VIII : Jurisdiction and Procedure Jurisdiction compensation for improvements or disturbance; 75. Revenue officers.— (1) There shall be the same classes of Rev- SECOND GROUP enue Officer under this Act as under the Punjab Land Revenue Act, 1887, (XVII of 1887) and in the absence of any order of the [State] (Subs. for the (h) application under Section 17 with respect to the division or ap- praisement of produce; word "provincial" by the Adaptatibn of Laws Order. 1950) Government to the contrary. a Revenue Officer of any class having jurisdiction within any (i) applications under Section 45, sub-section (5), for the ejectment local limits under that Act shall be a Revenue Officer of the, same class of a tenant on whom a notice of ejectment has been served and having jurisdiction within the same local limits under this Act. who has not instituted a suit to contest his liability to be ejected and (2)(cid:9) The expressions "Collector" and "Financial Commissioner" have has not claimed compensation under Section 71; the same meaning in this Act as in the Punjab Land Revenue Act, 1887, (j) applications for the determination- (XVII of 1887). (i) under Section 49 of the rent payable for land occupied by crops 76. Applications and proceedings cognizable, by revenue offic- uncut or ungathered at the time of an order being made for the ers.- - (1) The following applications and proceedings shall be disposed of ejectment of a tenant, or by Revenue Officers as such and no Court shall take cognizance of any (ii) under Section 49 or section 74 of the value of such crops or of dispute or matter with respect to which any such application or proceeding the sum payable to the tenant for labour and capital expended by might be made or had. him in preparing land for sowing. FIRST GROUP THIRD GROUP (a) Proceedings under Section 27 for the adjustment of rents ex- (k) applications under Section 31 by tenants to deposit rent; pressed in items of the land revenue; (I) applications under Section 36 for service of notice of relinquish- (aa) [—] (Clause (aa) inserted by Section 11 of Punjab Act 11 of ment; 1925.has been omitted by the Indian (Adaptation of existing Indian Laws) Order. 1947. Section 4(1). (m) applications under Section 43 for service of notice of eject- ment; (b) proceedings relating to the remission and suspension of rent under Section 30; (n) applications under Section 53 or Section 54 for service of no- tice of intended transfer or of intended foreclosure or other enforce- (c) applications under Section 43 for the ejectment of a tenant ment of lien. against whom a decree for an arrear of rent in respect of his ten- ancy has been passed and remains unsatisfied; (2)(cid:9) Except as otherwise provided by any rule made by the Financial Commissioner in this behalf,- (d) application under Section 45, sub-section (5), for the ejectment of a tenant on whom a notice of ejectment has been served and (a) a Collector or an Assistant Collector of the first grade may dis- pose of any of the applications and proceedings mentioned in sub- who has not instituted a suit to contest his liability to be ejected but section (1); has–claimed compensation under Section 71; 38(cid:9) THE PUNJAB TENANCY ACT, 1887(cid:9) THE PUNJAB TENANCY ACT.1887(cid:9) 39 Section:- 77 Section:- 77 (b) suits between landlord and tenant for addition to or abatement (b) an Assistant Collector of the second grade, not being a Naib of rent under Section 28 or for commutation or rent; Tehsildar, may dispose of any of the applications mentioned in the (c) suits under Section 34 for the determination of rent or other second and third group of that sub-section; and sum on the expiration of the term of an assessment of land rev- (c) a Naib- Tehsildar when invested with the powers of an Assistant enue [and suits relating to the rent to be paid under a mortgage Collector of the second grade, may dispose of any of the applica- made in accordance with form (c) as prescribed by Section 6 of tions mentioned in the third group of that sub- section. the (Added by Punjab Alienation of Land Act. 13 of 1900. S. 22) 77.(cid:9) Revenue courts and suit cognizable by them.— (1) When a Punjab Alienation of Land Act, 1900- (XVI of 1900)]; !(Repealed. by Revenue Officer is exercising jurisdiction with respect to any such the Adaptation of Laws (Third Amendment) Order. 1951). suit as is described in sub-section (3), or with respect to an appeal or SECOND GROUP other proceeding arising out of any such suit, he shall be called a (d) suit by a tenant to establish a claim to a right of occupancy, or Revenue Court. by a landlord to prove that a tenant has not such a right; (2) There shall be the same classes of Revenue Courts as of Rev- (e) suits by a landlord to eject a tenant; enue officers under this Act, and, in the absence of any order of the (Subs. (f) suits by a tenant under Section 45 to contest liability to eject- for the words "Provincial' by the Adaptation of Laws Order, 1950), [State] ment when notice of ejectment has been served; GOvernment to the contrary, a Revenue Officer of any class having juris- diction within any local limits under this Act shall be a Revenue Court of the (g) suits by a tenant under Section 50 for recovery of possession same class having jurisdiction within the same local limits. or occupancy, or for compensation or for both; Procedure where Revenue matter is raised in a Civil Courts.— (h) suits by a landlord to set aside a transfer made of a right of (3) The following units shall be instituted in, and heard and determined by, occupancy, or to dispossess a person to whom such a transfer Revenue Courts, and no other Court shall take cognizance of any dispute has been made or for both purposes; or matter with respect to which any such suit might be instituted: (i) any other suit 'between landlord and tenant arising out of the [Provided that— (Added--by Pu.niab Act 3 of 1912. Section 2) lease or conditions on which a tenancy is held; (1) where in a suit cognlizable by and instituted in a Civil Court it be- (j) suit for sums payable on account of village cesses or village comes necessary to decide any matter which can under this sub-section expenses; be heard and determined only by a Revenue Court the civil Court shall (k) suits by a co-sharer in an estate or holding for a share of the endorse upon the plaint the nature of the matter for decision and the par- profits thereof or for a settlement of accounts; ticulars required by Order VII Rule 10, Civil Procedure Code (V Of 1908), (I) suits for the recovery of over-payments of rent or land revenue and return the plaint for presentation to the Collector; or of any other demand for which a suit lies in a Revenue Court (2) on the plaint being presented t‘; the Collector, the Collector shall under this sub-section; proceed to hear and determine the suit where the value thereof ex- (m)s uits relating to the emoluments of Kanungo, Zaildars Inamdars ceeds Rs. 1,000 or the matter involved is of the nature mentioned in or village Officers; Section 77(3), First Group, of the 'Punjab Tenancy Act, 1887 (XVI of 1887), and in other cases may send the suit to an Assistant Collector of THIRD GROUP the first grade for decision.] (n) suits by a landlord for arrears of rent or the money- equivalent of FIRST GROUP rent, or for sums recoverable under Section 14; [or suits for the recovery of such arrears or sums by any other person to whom a (a) suits between landlord and tenant for enhancement or reduc- right to recover the same has been sold or otherwise transferred] tion of rent under Section 24; (Added by the Punjab Alienation of Land Act. 13 of 1900. S. 22) 40(cid:9) THE PUNJAB TENANCY ACT, 1887(cid:9) THE PUNJAB TENANCY ACT, 1887(cid:9) 41 Section:- 77 Section:- 77 Section 77—Civil Procedure Code, 1908, Section 100—New Plea—Whether a (o) suit by a landowner to recover moneys claimed as due for the Marusi can be treated as tresspasser and be ordered to be evicted/dispossessed enjoyment of rights in or over land or ih, water, including rights of in a suit for declaration/possession without resorting to the provisions of Section irrigation, rights over fisheries, rights of pasturage and forest-fights; 77 of the Punjab Tenancy Act not raised before the Courts below, cannot be allowed (p) suits for sums payable on account of land revenue or of any to be raised first time in second appeal—Unless the finding of fact is shown to be other demand recoverable 'as an arrear of land revenue under any the out come of misreading of evidence or are perverse the same are not open to interference in second appeal. ; Kishan Chand v. Satya Devi and another : enactment for the time being in force, and by a superior landowner 2008(1) ALL INDIA LAND LAWS REPORTER (P&H) 698 for other sums due to him as such. Section 77—Non payment of rent—AC I grade decreed the suit against (4)(cid:9) Except as otherwise provided by any rule made by the Financial petitioners—On appeal Collector ordered payment of rent to be made by 15.4.1996, Commissioner in this behalf,- failing which petitioner be deemed to be evicted—Commissioner held such a (a) a Collector may hear and determine any of the suits mentioned tenant does not deserve any sympathy—Revision dismissed by FC—Petitioners have admitted their liability—Undertook to vacate in case of failure to pay—And in sub-section (3); they have failed to pay—This writ petition is a clear attempt to by pass the (b) an Assistant Collector of the first grade may hear and deter- process of law—In such cases no notice in form 5 is necessary.; Manohar and mine any of the suits mentioned in the second and the third groups others v. Financial Commissioner, Haryana : 2001(2) ALL INDIA LAND LAWS of that sub-section, and, if he has by name been specially empow- REPORTER (P&H) (DB) 535 ered in this behalf by the [State] (Subs. for the word "Provincial" by S. 77—Suit against custodian to claim occupancy right and property under the Adaptation of Laws Order,1950 Government, any of the suits Section 9 of the Punjab Occupancy Tenants Vesting of Property Rights Act; mentioned in the first group; and 1963 can be filed only in revenue Court; 1990(1) ALL INDIA LAND LAWS REPORTER 209. (c) an Assistant Collector of the second grade may hear and deter- S. 77—Civil Procedure Code, 1908—Order 6, Rule 17—Prayer for amendment or mine any of the suits mentioned in the third group. written statement declined on the ground that similar prayer has not been made in Case Law the suit No. 543 of 1983—Trial Courts reasoning is untenable—Suit, not reference, Section 77—Validity of sale deed—The title claimed by the plaintiff on the is for permanent injunction and objection to jurisdiction of Civil Courts could not be basis of mutation cannot be challenge in such suits plaintiff was aggrieved taken up in that—Grant of injunction is Civil Courts domain—Amendment of written against the owners of the defendant on the basis of the revenue record, he statement allowed; 1991(1) ALL INDIA LAND LAWS REPORTER 569. could challenge before the competent civil Court the sale deed, which resulted Section 77(k)—Punjab Land Revenue Act, 1887, Section 15— Suit for Rendition in sanctioning of mutation qua the disputed land and incorporation of revenue of Account— Suit decreed—Petitioner has filed present review application under entries on the basis of that sale deed—Sale deed is valid till the same is Section 15 of the Punjab Land Revenue Act, 1887, whereas the present case was declared invalid by the competent court of jurisdiction. ; 2009 ALL INDIA decided under the Punjab Tenancy Act, 1887—This case was decided under the LAND LAWS REPORTER FEB. PART. Punjab Tenancy Act, 1887— Petitioner has filed the review application has not Section 77—Jurisdiction and scope of revenue Courts—Revenue Courts have been filed under the relevantAct, so the review application is liable to be dismissed— no jurisdiction to pronounce upon the relationship of landlord and tenant Review application ought to have been filed under Punjab TenancyAct, 1887 under under Section 77 of the Act empowers the revenue Courts to decide only Section 77(k).; Raminder Singh Johal v. Meenakashi Johal & Others: 2007(3) certain disputes between landlord &tenant for which existence of relationship ALL INDIA LAND LAWS REPORTER (FC) 137 between the parties is a condition precedent—The revenue court is, entitled Section 77(3)—Civil Procedure Code, 1908, Section 11—Principle Res judicata— to pronounce upon the relationship between the parties only for the purposes Finding of Revenue Court—Decision of a Revenue Court will be res judicata in civil of deciding disputes within its cognizance, as enumerated under Section 77 court provided the decision of the revenue court will in jurisdiction of Civil Court— of the Tenancy Act—The decision of the revenue Court under Section 77 of Decision of Revenue Court is binding on the Civil Court so far as the issue raised the Tenancy Acton the relationship of landlord and tenant between the parties before it is raised again in the Civil Court— Finding recorded by the Revenue Court would not operate as res judicata and it would be open to challenge in a would operate as res judicata.: Smt. Dhiro v. Sadhu Singh 2007(2) ALL INDIA subsequent suit or in other collateral proceedings between the parties. ; LAND LAWS REPORTER (P&H) 665 2009 ALL INDIA LAND LAWS REPORTER FEB. PART. 42(cid:9) THE PUNJAB TENANCY ACT, 1887 THE PUNJAB TENANCY ACT, 1887(cid:9) 43 Section:- 77 Sections:- 78 - 79 Section 77(3)(d)—Punjab Occupancy Tenants (Vesting of Propriety Rights) Act, S. 77(3)—Punjab Security of Land Tenures Act, 1953—S. 14-A—It is mandatory for the Revenue Court to issue notice in Form N as prescribed under Section 14- 1952—Question to be examined is if civil court has a jurisdiction to declare a A(ii) of the Punjab Security of Land Tenures Acieven though suit for ejectment was tenant as occupancy Tenant, even though section 77(3)(d) of the Tenancy Act, filed under S. 77(3) of Punjab TenancyAct--No such procedure was followed by the contemplates that a suit by a tenant to establish a right to occupancy falls within Revenue Courts and the Commissioner failed to deal with this point—Ejectment of the exclusive jurisdiction of Revenue Court—With the advent of the 1952 Act, the the respondent ordered by the Assistant Collector Grade I suffers from the infirmity occupancy rights ceased to exist, and statutory ownership created in lieu thereof, of law—Orders set aside; 1995(2) ALL INDIA LAND LAWS REPORTER 27. . a suit for occupancy rights would be wholly meaningless—Civil court has a jurisdiction to entertain a suit of declaration of ownership.; Dharam Singh S. 77(3)(d)— Title and ownership of the land held by an occupancy tenant would (deceased) L.Rs. and others v. Bhagwan Singh and others : 2005(3) ALL be acquired by the occupancy tenant on coming into force of the vesting Act—And, INDIA LAND LAWS REPORTER (Pb. & Hry.) 172 such interest of the Landlord shall extinguish in that land from that date—Jurisdiction . S.ection 77(3)(d)—Punjab. Occupancy Tenants (Vesting of Proprietary Rights) Act, would thereafter be only with the civil Court—Punjab Occupancy Tenants (Vesting of Proprietory Rights) Act, 1953, Section 3; 1993(1) ALL INDIA LAND LAWS 1952.— Jurisdiction of Civil Court and Revenue Court—Whether after coming in REPORTER 226. force of vesting act, Civil Court would have exclusive. Jurisdiction ? (YES)—Held, After coming irito force of the Vesting Act, the Civil Court alone would have the —S. 77(3) and Section 15—Payment in part of the rent to a party-Jointly owning jurisdiction to determine the dispute envisaged in Section 77(3)(d) of the Act and the land, tenant is not bound to do so—Tenancy being joint the rent cannot be paid the jurisdiction of the revenue Court would be barred—Civil suit would lie with respect "in parts to owner parties— Suit for recovery of rent is to be one no separate suits to both the categories of occupancy tenants envisaged in Section 2(f) of the Vesting are maintainable; 1991(1) ALL INDIA LAND LAWS REPORTER 319. Act.; Shiv Charan v. Commissioner, Haryana and others : 2005(3) ALL INDIA Administrative Control LAND LAWS REPORTER (Pb. & Hry.) (FB) 326 78.(cid:9) Superintendence and control of revenue officers and rev- ection 77(3)(d)—Punjab Occupancy Tenants (Vesting of Proprietary Rights)Act, enue courts.— (1) The general superintendence and. control over all other 11952—Sections 2(a), 2(f)and 3—Occupancy Rights—Acquisition of—Granted by Revenue Officers and Revenue Courts shall be vested in, and all such Revenue Court—Held—After coming in force of Act of 1952, revenue courts were officers and Courts shall be subordinate to, the Financial Commissioner. not competent to decide the question and every tenant claiming occupancy rights automatically became owner of the land by operation of law—Impugned orders set (2) Subject to the general superintendence and control of the Financial aside.; Surinder Kumar v. V.P. Johahr, Financial Commissioner, Haryana : Commissioner, Commissioner shall control all other Revenue Officers and 2002(3) ALL INDIA LAND LAWS REPORTER (P&H) 676 Revenue Courts in this division. Section 77(3)—Ejectment of Tenant—Notice as prescribed under Punjab Security of. Land Tenures Act in Form N not issued to tenant—Ejectment order set aside; (3) Subject as aforesaid and-to the control of the Commissioner, a Collector shall control all other Revenue Officers and Revenue Courts in Subhash Chand v. State of Haryana & Ors. ; VOL 71 ALL INDIA LAND LAWS REPORTER (Pb. & Hry.) 601 his district. Section 77(3)—Punjab Security of Land Tenures Act, 1887—Section 14A (ii) Form 79.(cid:9) Power to distribute business and withdraw and transfer `N',–Non- payment of rent—Ejectment order under Pb. TenancyAct—Notice under cases.— The Financial Commissioner or a Commissioner or Collector may Section 14A(10 of Pb. Security of Land Tenures Act in form 'N' served on tenant— by written order distribute, in such manner as he thinks fit, any business Non-compliance of procedure—Ejectment order set aside; Ramesh Chand v. cognizable by any Revenue Officer or Revenue Court under his control. Subhash Chand ; VOL 71 ALL INDIA LAND LAWS REPORTER (FC.- Hry.) 157 (2) The Financial Commissioner or a Commissioner or Collector may with- S. 77(3)—Court Fees Act, 1870—Deficiency in Court fees— Deficiency in Court fee cannot and does not render the suit non- maintainable—Such deficiency could draw any case pending before any Revenue Officer or Revenue Court under be rectified by the Court during the proCeedings under Punjab,Tenancy Act, 1887; his control, and either dispose of it himself, or by written order refer it for 1995(2) ALL INDIA LAND LAWS REPORTER 27. disposal to any other Revenue Officer or Revenue Court under his control. S. 77(3)—Joint land-owner—All land-owners need not be impleaded—For ejectment (3) An order under sub-section (1) or sub-section (2) shall not empower for Hissedari-kashi, land-owner to whose share the land under the tenant fall can any Revenue Officer or Revenue Court to exercise any powers or deal maintain a suit for ejectment of tenant; 1995(2) ALL INDIA LAND LAWS with any, business which he or It would not be competent to exercise or REPORTER 27. deal with the local limits of his or its own jurisdiction. (cid:9)(cid:9) (cid:9) (cid:9) 44 THE PUNJAB TENANCY ACT, 1887 THE PUNJAB TENANCY ACT, 1887(cid:9) 45 Section:- 80 Sections:- 81 - 82 Appeal Review and Revision Sections 80 and 81—Appeal—Delay of 19 days in filling—Appeal should be decided on merits and not merely on ground of limitation—Order dismissing appeal on merits 80.(cid:9) Appeals.— Subject to the provisions of this Act and the rules and not merely on ground of limitation—Order dismissing appeal on ground of thereunder, an appeal shall lie from an original or appellate order or limitation, quashed being delay not too long.; Data Ram v. Financial Commissioner, decree made under this Act by a Revenue officer or Revenue Court, as Haryana : 2002(2) ALL INDIA LAND LAWS REPORTER (P&H) (DB) 666 follows, namely:- —S. 80—H.P, Tenancy and Land Reforms Act, Section 61—Interim injunction (a) to the Collector when the order or decree is made by an Assis- granted in favour of Respondent No. 1 against confiscation of619 bighas of land in tant Collector of either grade; favour of State—State filed appeal Commissioner vacated the stay-Respondent No.1 is in appeal before FC with the preliminary objection that appeal is not (b) to the Commissioner when the order or decree is made by a maintainable against an interlocutory order—Held—Order of the Commissioner on Collector; the stay application was not interlocutory—Appeal was maintainable—Impugned (c) to the Financial Commissioner when the order or decree ,is order dated 20th January, 1992 stayed—Appeal not finally decided—Case file sent made by a Commissioner; back to Commissioner for deciding appeal as per law; 1993(1) ALL INDIA LAND LAWS REPORTER 145. Provided that- —Ss.80 and 81—Limitation for filing appeal—Starts from the date of order declaring (i) an appeal from an order or decree made by an Assistant Collec- surplus area comes to knowledge of person affected/interested such an order is to tor of the first grade specially empowered by name in that behalf by be recorded in form "F" and is to be forwarded to the person interested—Not done the [State] (Sub. for the word "Provincial" by the Adaptation of Laws in the case; 1992(1) ALL INDIA LAND LAWS REPORTER 197. Order. 1950) Government in a suit mentioned in the first group of 81.(cid:9) Limitation for appeals.—The period of limitation for Ian appeal sub-section (3) of Section 77 shall lie to the Commissioner and not under the 1 ast foregoing section shall run from the date of the order or to the Collector; decree appealed against, and shall be allowed, that is to say: (ii) when an original order or decree is confirmed on first appeal a (a) when the appeal lies to tile Collector—thirty days; further appeal shall not lie. (b) when the appeal lies to the Commissioner-sixty days; (iii) when any such' order or decree is modified or eversed on ap- (c) when the appeal lies to the Financial Commissioner—ninety days. peal by the Collector, the order or decree made by the Commis- sioner on further appeal, if any, to him-shall be final. 82.(cid:9) Review by revenue officer.;— (1) A Revenue Officer, as such, may either of own motion or on the application of any party interested, Case Law review, and on so reviewing modify, reverse or confirm any order passed Sections 80, 84, 84(2)—Punjab Land Reforms Act, 1972, Section 18—Surplus by Himself or by any of his predecessors in office: area—Error in calculation—Ld. Commissioner took suo moto cognizance and directed the Collector to examine the surplus area case of petitioner in Provided as follows:- detail—Revision filed by petitioner was dismissed by the Financial (a) When a Commissioner or Collector thinks it necessary to re- Commissioner—A Commissioner, has jurisdiction to call for the record of view any order which he has not himself passed, and when a Rev- any case disposed of by any Revenue Officer or Revenue Court under his enue Officer of a class below that of Collector purposes to review control—But does not have suo-moto jurisdiction to set aside such an order and to issue directions in respect thereof—The directions issued by any order whether passed by himself or by any of his predeces- the Commissioner are limited to the examination of any error in sors in office, he shall first obtain the sanction of the Revenue Of- calculation—The Collector would, therefore, be required to appraise the ficer to whose control he is immediately subject; calculations and in the case of any prima facie error in calculation, would (b) no application for review of an order shall be entertained be required to call upon the petitioner to justify the error after recourse to unless it is made within ninety days from the passing of the the procedure established under the Act. ; Mahant Lakshmi Dhar v. order, or unless the applicant satisfies the Revenue Officer that Financial Comm., Taxation, Pb., Chandigarh : 2009(1) ALL INDIA LAND he had sufficient cause for not making the application within LAWS REPORTER (P&H) 44 that period; 46(cid:9) THE PUNJAB TENANCY ACT, 1887 THE PUNJAB TENANCY ACT, 1887(cid:9) 47 Sections:- 81 - 82 Sections:- 81 - 82 (c) an order shall not be modified or reversed unless reasonable Section 82—Pendency of Review proceedings for over 7 years—Such proceedings notice has been given to the parties affected thereby to appear and were to be considered, continued and disposed of in terms of surplus area, as if Haryana Ceiling on land Holdings Act had not been passed.; Sarup Singh v. be heard in support of the order; The Financial Commissioner, Haryana ; 1998(1) ALL INDIA LAND LAWS (d) an order against which an appeal has been preferred shall not REPORTER (P&H) 452 reviewed; Section 82(1)—Punjab Land Reforms Act, 1972, Section 18—Appeal review and (2) For the purposes of this section the Collector shall be deemed to revision—Section 82 enables to Revenue Officer to review his order or an order passed by his predecessor in office—An order passed by predecessor in his office be the successor in office of any Revenue Officer of a lower class who is to be reviewed, sanction of an authority higher in rank was required—Exercise of has left the district or has ceased to exercise power as a Revenue Offic- power is subject to condition an order against which appeal had been preferred can ers, and to whom there is no successor in office. not be reviewed—Collector (Agrarian) had passed the order that there is no surplus (3) An appeal shall not lie from an order refusing to review, or confirm- area with the petitioner—Aggrieved against the order, respondent-State preferred ing on review, a previous order. an appeal before the Commissioner—Review proceedings and order held to be without jurisdiction and liable to be quashed—Petition allowed. ; Nand Kishore v. Case Law Kishan Lal : 2008(2) ALL INDIA LAND LAWS REPORTER (P&H) 231 Section 82—Punjab Land ReformsAct, 1972, Section 18—Review of an order passed Section 82(1) Proviso (a) and (b)—Punjab Land Reforms Act, 1972, Section by predecessor in office under Section 82 of the 1887 Act—On the date when reference 18—Appeal & Review—Appeal filed by the State Govt. before Commissioner—The was made by the Collector (Agrarian) to the Commissioner, State has already preferred Collector (Agrarian) had passed the order declaring that there is no surplus area an appeal against the order sought to be reviewed—Bar created under proviso (d) to with the petitioner—Aggrieved against the order, respondent-State preferred an appeal Section 82 of the 1887 Act was clearly applicable—Order passed by Financial before the Commissioner—During the pendency of appeal, before it was dismissed Commissioner was beyond the provisions of the Act and resulted in dilution of the in default, the Collector, Agrarian sent a reference to the Commissioner, who issued exception clause—Jurisdiction vested in the Financial Commissioner is ousted—Theory notice to the petitioner for review of the order passed by the Collector (Agrarian)— of merger—Clearly beyond the provisions ofAct—Impugned orders declared as illegal As reference was required to be made to the Commissioner seeking a permission and without jurisdiction—Writ allowed.; Spinder Singh alias Harminder Singh v. to review the earlier order passed by the Collector, Agrarian in terms of Section 82 State of Punjab : 2008(1) ALL INDIA LAND LAWS REPORTER (P&H) 441 proviso (a) of the 1887 Act, which is applicable for proceedings under the Act in —S. 82—Only a new material on record can call for a second review, which terms of Section 18 of the Act whereby the provisions of the Punjab Tenancy Act, otherwise is not called for and the Collector (Agr.) having reviewed case earlier 1887, as contained in Sections 80 to 84, have been made applicable—After hearing would act as res judicata for fresh review- -Bonafides of sales keeping in view the petitioner as well as Naib Tehsildar, Agrarian, learned Commissioner, granted surplus area had been held valid and previous order confirmed—Second review permission to the Collector, Agrarian to review its order—Petitioner approached the is not the alternative remedy to appeal or revision—Repeated reviews of already Financial Commissioner against the order passed by the Commissioner permitting reviewed orders militates against sound principles of law; 1994(2) ALL INDIA the Collector, Agrarian to review its order—The Financial Commissioner, rejected LAND LAWS REPORTER 15. the revision petition filed by the petitioner on the ground that appeal filed by the Section 82—Review—FC has powers to review his own order and can vary or amend State against the order of Collector (Agrarian) having been dismissed by the them—But review has to the within certain limits— In this case it is a case of apparent Commissioner in default, the order thereof did not merge in the order of Collector genuniue mistake and review cannot be said to be bad in law—Another objection and accordingly, permission for review of the order granted by the Commissioner that review petition was filed by a different counsel—Since review involved is of an was perfectly legal—The reasoning given by Financial Commissioner to reject apparent mistake in the allotment order, the application cannot be said to be not the revision filed by the petitioner against the order passed by the Commissioner maintainable.; Des Raj alias Deso v. Financial Commissioner, Taxation, Punjab permitting the Collector (Agrarian) to review its order cannot be accepted—On and others: 2004(1) ALL INDIA LAND LAWS REPORTER (Pb.& Hry.) 316 a plain reading of proviso (d) of Section 82 (1) of the 1887 Act, which provides Section 82—Review—Remedy of review is no substitute for appeal or revision— that an exception to the exercise of power of revenue by the Revenue,Officer, it Review can generally resorted to only where the object is to rectify a mistake or is evident that an order against which an appeal is 'preferred' shall not be patent error—Provision without any conditions as in Order 47, Rule 1 CPC, show reviewed—Order passed by the Commissioner & Financial Commissioner illegal the difference in two reviews statutorily provided—Civil Procedure code, 1908— and without jurisdiction—Writ petition allowed. ; Spinder Singh Alias Order 47, Rule 1. ; Harbans Singh v. State of Punjab : 1998(1) ALL INDIA Harminder Singh v. State of Punjab : 2008(3) ALL. INDIA LAND LAWS REPORTER (P&H) 677 LAND LAWS REPORTER (P&H) 452 48(cid:9) THE PUNJAB TENANCY ACT, 1887 ITHE PUNJAB TENANCY ACT, 1887(cid:9) 49 Sections:- 83 - 84 Sections:- 83 - 84 Section 82(1)—Review of the orders passed by RevenueAuthorities—Commissioner Case Law can grant sanction of review of the orders passed by the subordinate authorities— Section 84(2)—Punjab Land Reforms Act, 1972, Section 18—Appeal—Surplus In such proceedings, the legislature wanted to exclude the principles of natural Area—Power to call for, examine and revise proceedings and to take Suo justice—Order does not directly effect persons who were parties to such order— Moto notice is only with the Financial Commissioner—However empowers No civil rights of the parties are affected—No hearing right to the parties—No notice the Commissioner or the Collector to call for the record of any case pending is thus envisaged.; Sarupp Singh v. The Financial Commissioner, Haryana ; before, or disposed of by any Revenue Officer or Revenue Court under his 1998(1) ALL INDIA LAND LAWS REPORTER (P&H) 452 control—Commissioner does not have Suo Moto Jurisdiction to set aside such 83. Computation of periods limited for appeals and application an order and to issue direction in respect thereof—An error or illegality comes for review.— In the computation of the period for an appeal from or an to the notice of a revenue officer, more particularly, where the error or illegality has the effect of reducing surplus area, it is the duty and obligation of every application for the review of, an order under this Act, the, limitation there- revenue officer to examine the matter and thereafter either seek permission, of fore shall be governed by the Indian Limitation Act, 1877. (Subs. for the his immediate superior to review the orders or forward a reference to the words "Chief Court" by Act 18 of 1919). Financial Commissioner—The Commissioner, therefore, should have forwarded 84. Power to call for, examine and revise proceedings of revenue a reference to the Financial Commissioner, with his comments—The order of officers and revenue courts.— (1) The Financial Commissioner may at the subordinate courts are liable to be set aside or modified—Writ petition any time call for the record of any case pending before or, disposed of by disposed—Provisions in regard to appeal, review and revision under this Act shall be the same, as provided in Sections 80, 81, 82, 83 and 84 of the Punjab any Revenue Officer or Revenue Court subordinate to him. Tenancy Act, 1887. ; 2009 ALL INDIA LAND LAWS REPORTER FEB. PART. (2) A Commissioner or Collector may call for the record of any case Section 84-Revision filed in court of FC- Dismissed in default, twice for non pending before, or disposed of by, any Revenue Officer or Revenue Court appearance-Third restoration application dismissed as earlier it had been ordered under his control. "application for restoration not likely to be entertained"- Reasons given by petitioner/ counsel did not find favour with FC-Adverse comments made on the demeanour of (3) If any case in which a Commissioner or Collector has called for a the Counsel- Unfortunate-Endeavour of the courts should be to decide cases on record he is of opinion that the proceedings taken or the order or decree merits-On two occasions even respondent was not presents CWP allowed- made should be modified or reversed he shall submit the record with his Dissimissal orders Quashed- On account of adverse remarks and counter allegations opinion on the case for the orders of the Financial Commissioner. by the counsel, in the interest of justice revision may be decided by some other (4) If after examining a record called for by himself under sub-section officer- Remitted.; Tirath Das v. State of Haryana and Ors.: 2003(2) ALL INDIA (1) or submitted to him under sub-section (3) the Financial Commissioner LAND LAWS REPORTER (Pb. & Hry.) 347 is of opinion that it is in expedient to interfere with the proceedings or the Section 84—Determination of surplus area—Suo motu proceedings initiated after order or decree, it shall pass an order accordingly. 30 years—The words "Suo moto" have to used with some sense of natural justice and discretion—Ridiculous for State which formerly attached that land of a person, (5) If, after examining the record, the Financial Commissioner is of auctioned it and then maintain that its liability to re-determined as surplus be re- opinion that it is expedient to interfere with the proceedings or the order or opened—Before re-determining the status of land the transferees had right to be decree on any ground on which the [High Court] (Subs. for the words "Chief heard and served with notice—Punjab Security of Land Tenures Act, Section 24.; Court" byAct 18 of 1919) in the exercise of its revisional jurisdiction may under Bhagat Singh and others v. State of Haryana and others : 2001(1) ALL INDIA the law for the time being in force interfere with the proceedings or an order or LAND LAWS REPORTER (FC, Hry.) 155. decree of Civil Court, he shall fix a day for hearing the case, and may, on that Section 84—Revision reported to Financial Commissioner—Even if parties, either or any subsequent day to which he may adjourn the hearing or which he may or both, fail to tour up at the time of hearing revision cannot be dismissed in default— appoint in this behalf, pass such order as he thinks fit in the case. Opportunity provided to be heard is enough, may not be availed—Case has to be decided on merits, on facts available on record—It is in the interest of justice and (6) Except when the Financial Commissioner fixes under sub- sec- fairplay to review the order of dismissal in default and accept the reference by the tion (5) a day for hearing the case, no party has any right to be heard Commissioner—Order of Collector, by which surplus area case was decided is before the Financial Commissioner when exercising his powers under upheld.; Babu Ram v. State of Punjab : 1999(2) ALL INDIA LAND LAWS this section. REPORTER (FC, Pb.) 423 (cid:9)(cid:9)(cid:9)(cid:9) 50(cid:9) THE PUNJAB TENANCY ACT, 1887(cid:9) THE PUNJAB TENANCY ACT, 1887(cid:9) 51 Section:- 85 Sections:- 86 - 88 Section 84—Civil Procedure Code, 1908—Section 115—Pepsu Tenancy and (3) The rules may also provide for the mode of executing orders as Agricultural Lands Act, 1955—Section 39(3)—Punjab TenancyAct, 1887—Section to costs, and may adopt to proceedings under this Act all or any of the 84—Tenant was ordered to be evicted when he failed to deposit rent plus costs within time stipulated, short by Rs. 174/—F.C. allowed the short amount to be provisions of the Punjab Land Revenue Act, 1887, (VII of 1887), with re- deposited—Jurisdiction of F.C. to revise the orders is challenged—Conjoint reading spect to arbitration. of Section 39(3) Land Act and Section 84(5) of TenancyAct make it clear that even (4) Subject to the rules under this section, a Revenue Officer may re- in the absence of an appeal filed, F.C. can exercise his suo motu powers of fer any case which he is empowered to dispose of under this Act to an- revision—No ground warranting interference with impugned orders.; Charan Dass other Revenue Officer for investigation and report, and may decide the v. Financial Commissioner, Haryana : 1998(2) ALL INDIA LAND LAWS case upon the report. REPORTER (P&H) 522 Section 84—It was in 1983 that surplus land of big landowner vested in the state— 86.(cid:9) Persons by whom appearances may be made before revenue- Great Grandsons of the landlord have challenge the validity of surplus area—They officers as such and not as revenue courts.- (1) Appearances before a have also managed an entry in the mutation as mortgagors and some party as Revenue Officer as such, and applications to and acts to be done before mortgagees—Mortgagors were never vested with any rights to mortgage transaction, him, under this Act may be made or done- petitioners have been able to keep possession of the land—Land deserves to be treated as vested in Government—Case referred back to local revenue authority to (a) by the parties themselves, or utilise the surplus area as free from all encumbrances and update the Revenue (b) by their recognized agents or a legal practitioner. Records—Punjab Land Reforms Act, 1971—Section 18.; Amarjit Singh v. State Provided that the employment of a recognized agent or legal of Punjab : 1998(1) ALL INDIA LAND LAWS REPORTER (FC, Pb.) 14 practitioner shall not excuse the personal attendance of a party to any —S.

84—Before the F.C., petitioner has himself demolished his plea of adverse proceeding in any case in which personal attendance is specially required possession for over 20 years and has accepted the factum of tenancy under the by an order of the officer. Education Society on 1/3 batai through a third person who was never in possession— In the revision, which scope is very limited the petitioner has to prove miscarriage (2) For the purposes of sub-section (1), recognised agents shall be of justice either because of wrong, exercise of power or Revenue Officers having such persons as the [State] (Subs. for the word "Provincial" by the Adap- grossly misunderstood the facts—Petitioners denial of relationship of tenant and tation of taws Order, 1950) Government may by notification declare in landlord never succeeded—Revision disposed of by the Commissioner by a one- this behalf. line non-speaking order is distressing-Revision devoid of merit, is dismissed; 1996(1) ALL INDIA LAND LAWS REPORTER 472. (3) The fees of legal practitioner shall not be allowed as cost in any Procedure proceedings before a Revenue Officer under this Act, unless that officer considers, for reasons to be recorded by him in writing that the fees should 85.(cid:9) Procedure of revenue officers: - (1) The [State] (Subs. for the be allowed. words "Provincial" by the Adaptation of Laws Order. 1950) Government may make rules (For rules under Section 35(1) see notification No. 77. 87.(cid:9) Costs.- (1) A Revenue Officer may give and apportion the costs of Punjab Gazette, Extraordinary 151 March, 1888, page 79.) consistent with any proceedings under this Act in any manner he thinks fit. this Act for regulating the procedure of Revenue Officers under this Act in (2)(cid:9) • But if the orders that the costs of any such proceeding shall not case in which a procedure is not prescribed by this Act. follow the event, -he shall record his reasons for the order. (2)(cid:9) The rules may provide, among other matters, for the mode of en- 88.(cid:9) Procedure of revenue courts.— (1) The [State] .(Sub. for the forcing orders of ejectment from, and delivery of possession of, immove- words "Provincial" by the Adaptation of Laws Order 1950) Government able property, and rules providing for those matters may confer on a Rev- may (For rules see, Punjab Gazette, 1902, Part I; page 845) 1-1 (See enue Officer all or any of the powers in regard to contempts, resistance now the Code of Civil Procedure, 1908 (Act 5 of 1908) make'rules con- and the like which a Civil Court may exercise in the execution of a decree sistent with this Act for regulating the procedure of Revenue Court in whereby it has adjudged ejectment from, or delivery or possession of such matters under this Act for which a procedure is not prescribed thereby, property. and may by any such rule direct that any provisions of the Code of Civil 52(cid:9) THE PUNJAB TENANCY ACT, 1887 THE PUNJAB TENANCY ACT, 1887(cid:9) 53 A Sections:- 89 - 90 Sections:- 91 - 93 Procedure shall apply. (The words "with the previous sanction of the Governor-General in Council" were repealed, by the Decentralization Act, (3) If the summons relates to a case in which persons having the same 4 of 1914) with or without modification. to all or any classes of cases interest are so numerous that personal service on all of them is not rea- before those Courts. sonably practicable, it may, if the Revenue Officer or Revenue Court so directs, be served by delivery of a copy thereof to such of those persons (2)(cid:9) Until rules are made under sub-section (1), and subject to those as the Officer or Court nominates in this behalf and by proclamation of the rules when made and to the provisions of the Act,- contents thereof for the information of the other persons interested. (a) the Code of Civil Procedure shall, so far as it is applicable, ap- (4) A summons may if the Revenue Officer or Revenue Court so diredts ply to all proceedings in Revenue Courts whether before or after be served on the persons named therein, either in addition to, or in substitution decree; and for, any other mode of service, by forwarding the summons by post in a letter (b) the Financial Commissioner shall, in respect of those proceeding addressed to the person and registered under Part III of the Indian Post Office be deemed to be the High Court within the meaning of that Code, and Act, 1886, (See now the Indian Post OfficeAct, 1896 (6 of 1898) (XIV of 1866). shall, subject to the provisions of thisAct, exercise, as regards the Courts (5) When a summons is so forwarded in a letter and it is proved that under his control, all the powers of a High Court under the Code. the letter was properly addressed and duly posted and registered, the Of- 89.(cid:9) Power of revenue officers or revenue courts to summon per- ficer or Court may presume that the summons was served at the time sons.- (1) A Revenue Officer or Revenue Court may summon any per- when the letter would be delivered in the ordinary course of posts. sons whose attendance he or it considers necessary for the purpose of Case Law any application suit or other business before him or it as a Revenue Officer Section 90—Punjab Security of Land Tenures Act, 1953—Punjab Security of Land or Revenue Court. Tenures Rules, 1956, Rules 6(7)—Declaration of surplus area—Failure to served (2) A person so summoned shall be bound to appear at the time and notice—Whether a transferee could claim a right to include his land in the place mentioned in the summons in person or if the summons so allows, permissible area of the Vendor/big landowner? A transferee from a big land-owner by his recognized agent or a legal practitioner. before the surplus area case is concluded is mandatorily required to be served with a notice. ; Smt. Ranjeet Kaur v. State of Haryana : 2006(1) ALL INDIA LAND (3) The person attending in obedience to the summons shall be bound LAWS REPORTER (Pb. & Hry.) 211 to state the truth upon any matter respecting which he is examined or 91. Mode of service of notice, order of proclamation or copy thereof.- makes statements and to produce such documents and other things relating A notice, order or proclamation, or copy of any such document issued by a to any such matter as the Revenue Officer or Revenue Court may require. Revenue Officer or Revenue Court for service on any person shall be served in 90.(cid:9) Mode of service of summons.- (1) A summons issued by a the manner provided in the last foregoing section for the service of a summons. Revenue Officer or Revenue Court, if practicable, be served (a) per- sonally on the person to whom it is addressed, or failing him on (b) his 92. Additional mode of publishing proclamation.- When a procla- mation relating to any land is issued by a Revenue Officer or Revenue recognized agent on (c) an adult male member of his family who is Court, it shall, in addition to any other mode of application which may be residing with him. prescribed by any ejectment for the time being in force, be made by beat of (2)(cid:9) If service cannot be so made, or if acceptance of service so made drum or other customary method, and by the posting of a copy thereof on is refused, the summons may be served by posting a copy thereof at usual a conspicuous place in or near the land to which in relates. or last known place of residence of the person to whom it is addressed, or, if 93. Joinder of tenants as parties to proceedings relating to rent. that person does not reside in the district in which the Revenue Officer is — (1) Any number of tenants cultivating in the same estate may, in the direc- employed or the Revenue Court is held and the case to which the summons tion of the Revenue Officer or Revenue Court and subject to any rules, relates has reference 10 land in that district then by pasting a copy of the which the [State] (Subs. for the word "Provincial" by the Adaptation of Laws summons on some conspicuous place in or near the as late wherein the Order, 1950 Government may make in this behalf, be made parties to any land is situate. proceeding under Chapter III. (cid:9) (cid:9) 54 THE PUNJAB TENANCY ACT, 1887 (THE PUNJAB TENANCY ACT, 1887(cid:9) 55 Sections:- 94 - 97 Sections:- 98 -100 (2) But a decree or order shall not be made in any such proceeding 98.(cid:9) unless the Revenue Officer or Revenue Court is satisfied that all the par- Power to refer party to civil court.- (1) If, in any proceeding pend- ties thereto have had an opportunity of appearing and being heard. ing before Revenue Court exercising original, appellate or revisional juris- diction, it appears to the Court that any question in issue is more proper for (3) A decree or order made in any such proceedings shall specify the decision by a Civil Court, the Revenue Court may, with the previous sanc- extent to which each of the tenants is affected thereby. tion of the Court, if any, to the control of which it is immediately subject, 94.(cid:9) Exception of suits under this act from operation of certain require, by order in writing, any party to the proceeding to institute, within enactment.- Nothing in section 424 of the (See now the Code of Civil Pro- such time as it may fix in this behalf, a suit in the Civil Court for the purpose cedure, 1908, Act 5 of 1908) Code of Civil Procedure XIV of 1882 or in of obtaining a decision on the question and, if he fails to comply with the Section 6 of the (See Now the Punjab Municipal Act) (Act 3 of 1911) Punjab requisition, may decide the question as it thinks fit. Municipal Act, 1884, (XIII of 1884) shall be construed to apply to a suit of a (2)(cid:9) If the party institutes the suit in compliance with the requisition, the class mentioned in section 77 of this Act. Revenue Court shall dispose of the proceeding pending before it in accor- 95.(cid:9) Payment into court of money admitted to be due to a third dance with the final decision of the Civil Court of first instance or appeal, as person.- When a defendant admits that money is due from him on ac- the case may be. count of rent, but pleads that it is due not to the plaintiff but to a third per- 99.(cid:9) Power to refer to high court questions as to jurisdiction.— (1) son, the Court shall, except for special reasons to be recorded by it, refuse If the Presiding Officer of a Civil or Revenue Court in which a suit has been to take cognizance of the plea unless the defendant pays into Court the instituted doubts whether he is precluded from taking cognizance of the amount to admitted to be due. suit, he may refer the matter through the [District Judge] or Commissioner, (2) Where such a payment is made the Court shall forthwith cause or if he is a [District Judge] (Subs. for "Divisional Judge" by the Punjab notice of the payment to be served on third person. Courts Act. 1918 (6 of 1911) Section 49) or Commissioner directly to the (3) Unless the third person within three months from the receipt of the [High Court] (Subs. for the word "Chief Court" by Act 18 of 1919). notice institutes a suit against the plaintiff and therein obtains an order (2) On any such reference being made, the [High Court] (Subs. for word restraining payment of the money, it shall be paid to the plaintiff on his "Chief Court" by Act 18 of 1919) may order the Presiding Officer either to application to the Court therefor. proceed with the suit or to return the plaint for presentation in such other Court (4) Nothing in this section shall effect the light of any person to recover as it may in its order declare to'be competent to take cognizance of the suit. from the plaintiff money paid to him under sub-section (3). (3) The order of the [High Court] (Subs. for the word "Chief Court" by (5) When a defendant pays money into Court under this section, the Act 18 of 1919) on any such reference shall be conclusive as against per- Court shall give the defendant a receipt, and the receipt so given shall sons who are not parties to the suit as well as against persons who are parties thereto. operate as an acquittance in the same manner and to the same extent as if it had been given by the plaintiff or the third person or the case may be. 100. Power of high court to validate proceedings held under mis- 96.(cid:9) Execution of decree or arrears of rent.- A court passing a de- take as to jurisdiction.—In either of the following cases, namely: - cree for an arrear of rent may, on the oral application of the decree-holder, (a) if it appears to a Civil Court that a Court under its control has order execution thereof against the movable property of the tenant, against determined a suit or, a class mentioned in Section 77 which under any uncut or ungathered crops on the tenancy in respect of which the the provisions of that section should have been heard and deter- arrear is decreed. mined by a Revenue Court or 97.(cid:9) Prohibition of imprisonment of tenants in execution of de- (b) if it appears to a Revenue Court that a Court under its control crees for rent:- A tenant shall not, during the continuance of his occu- has determined a. suit which should have been heard by a Civil pancy, be liable to imprisonment on the application of his landlord in execu- Court, the Civil Court or Revenue Court, as the case may be, shall tion of a decree for an arrears of rent. submit the record of the suit to the [High Court] (cid:9)(cid:9)(cid:9)(cid:9) a 56 THE PUNJAB TENANCY ACT, 1887 THE PUNJAB TENANCY ACT, 1887(cid:9) 57 Sections:- 101 - 102 Sections:- .103 - 105 . (2)(cid:9) A proceeding had before a Revenue Officer or Revenue Court (2)(cid:9) If on perusal of the record it appears to fk" uit(cid:9) on a day specified in the list as a day to be observed by the Officer or was so determined in cionri u-(cid:9) .(cid:9) Court as a holiday shall not be invalid by reason only of its having been le(cid:9) g(cid:9) had on that day. 103. Discharge of duties of collector dying or being disabled.— a _ When a Collector dies or is disabled from performing his duties, the officer (cid:9) who succeeds temporarily to the chief executive administration of the district (cid:9) under any orders which may be generally or specially issued by the [State] Government on this behalf, shall be deemed to be a Collector under this Act. 104. Retention of powers by revenue officer on transfer.— When a Revenue Officer of any class who, either as such or as a Revenue Court, has under the foregoing provisions of this Act any powers to be exercised in any local area is transferred from that local area to another as a Rev- /4 enue 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 [State] Itti1 (Subs. for the word "Provincial" by the Adaptation of Laws Order. 1950) Government otherwise directs or has otherwise directed. a 105. Conferment of powers of revenue officer or revenue court.— as , The [State] (Subs. for the word "Provincial" by the Adaptation of Laws Or- ing ,der. 1950) ha Government may by notification confer on any person— (For Notification see Punjab Govt. Gazette, 1908, Part 1 pace 928.) (6) (a) all or any of the powers of a Financial Commissioner, Commis- afte sioner or Collector under this Act, or such (b) all or any of the powers with which an Assistant' Collector of either grade is, or may be, invested thereunder; 101. and may be.notification withdraw any powers so conferred. power )(cid:9) he is e A person on whom powers are conferred under sub-section (1) all exercise those powers within such local limits and in such classes of (2) es as the [State] cise hi (Subs. for the word "Provincial" by the Adaptation of jurisdic Order. 1950 Government, may direct, and, except as otherwise di- ted by the [State] (Subs, for the word "Provincial" by the Adaptation of 102 . (s Order, 1950) Government, shall for all purposes connected with the the [Stat vise thereof 'be deemed a Financial Commissioner, Commissioner, der 195 ctor or Assistant Collector, as the case may be. words "L Before conferring powers on the Judge of a Civil Court under sub- Indian La ......, section (1), the [State] (Subs. for the word "Provincial" by the Adaptation of R ye e a v r e n a u li e s t _ —.clays by all or any(cid:9) Laws Order, 1950) Government shall consult the [High, Court] (Subs. for the words "Chief Court" by Act 18 of 1918). (cid:9)(cid:9) (cid:9) 56(cid:9) THE PUNJAB TENANCY ACT, 1887 ITHE PUNJAB TENANCY ACT, 1887 57 Sections:- 103 - 105 Sections:- 101 -102 (cid:9) 99 PUNJAB GOVT. GAZ. (EXTRA), MARCH 1, 2019 (2) If on perusal of the record it appears to the (High Court) that the suit (PHGN 10, 1940 SAKA) was so determined in good faith, and that the parties have not been preju- l PART III(cid:9) diced by the mistake as to jurisdiction, the [High Court] may order that the decree be registered in the Court which had jurisdiction. GOVERN1VENfOFPUNJAB (3) If it appears to the [High Court] otherwise than on submission of a DEPARTMENT:OF REVENUE, REHABILITATION AND record under sub-section (1), that a Civil Court under its control has deter- DISASTER MANAGEMENT mined a suit of a class mentioned in Section 77 which under the provisions (AGRARIAN REFORMS BRANC ) of that section should have been heard and determined by a Revenue Court NOTIFICATION the [High Court] (Subs. for the words "Chief Court" bvAct 18 of 1919) may pass any order which it might have passed if the record had been submit- The 27th FehrUary, 2019 ted to it under that sub-section. No. S.0.17/P.A.16/1.887/S.:105/P.A.p/1887/S.10/2?19. - In Supersession (4) With respect to any proceeding subsequent to decree, the [High of the GoVernment of Punjab, Department hf Revenue, Reliabilitation (Agrarian Court] (Subs. for the words "Chief Court" by Act 18 of 1919) may make Reforms Branch), Notifidation No. S.046/RA.16/18871.105/2009, dated the j. such order for its registration in, a Revenue Court or Civil Court as in the 9th April, 2009, and in exercise of the rio4vers conferred by section 105 of the circumstances appear to be just and proper. Punjab Tenancy Act, 1887 (Punjab Act o. 16 of 1887) read with section 10 (5) An order of the [High Court] under this section shall be conclusive of the Punjab Land Revenue Act 188 unjab Act XVII of 1887), and all as against persons who were not parties to the suit or proceeding as well other powers enabling him in this behalf; e Governor ofdPunjab is pleased to as against persons who were parties thereto and the decree or proceed- confer the Towers of the Assistant Colle ; for 1st. Grad 4 e u pon all the District exercised by them ing to which the order relates shall have effect as if it had been made or ReVenue• Officers in the State of Punjah,i which shall had by the Court in which the order has required it to be registered. within their respective jurisdiction; to eoide the' cases instituted under .; before (6) The provisions of this section shall apply to any suit instituted on or sub;section (3) of section 77 of the afores Punjab Tenancy Act, 1887 (cid:9)Indians; serving a su ft c e h r t s h u e i t f . i rst day of November, 1884, and to proceeding arising out of any o m r e a m ft b e e r r t s h e o f p t u h b e l i A ca r t m io e n d o F f o t r h c i e s s n o o f ti t f h ic e a U tio th n io , y o t f h I e n N di o a n a -R nd es t t i h e serving members Of the Central Police Armed Forces, orb.eir.do-shareri or family members, Miscellaneous .1 1 101. Place of sitting.—. (1) An Assistant Collector may exercise his as the case may be.(cid:9) • ;.1 (cid:9) powers under this Act at any place within the limits of the district in which (2 • Il(cid:9) .(cid:9) • (cid:9) 11 IK.A.LI*IiiAlVLITTIV.L BiARUAII; he is employed. sr . ;Additional Chief Seciptary to . (2)(cid:9) Any other Revenue Officer or Revenue Court may only exer- GoVernmer'eof Punjab,. Departmeritof cise his or its powers under this P.ci within the local limits of his or its Rev4e,Rehabihtation and . • jurisdiction. re .Dikaster Managerflent...(cid:9) . 102. Holidays.- (1) The Financial Commissioner, with the approval of ;(cid:9) ;(cid:9) • the [State] (Subs. for the word "Provincial" bYithe Adaptation of Laws Or- eh I der, 1950) Government, shall publish in the [Official Gazette] (Subs. for the 1721/3-2019/Pb. Govt. Press, S.A.S. Nagar (cid:9) .1 words "Local Official Gazette" by the Government of India (Adaptation of (3(cid:9) ,(cid:9) or a uivn court under sub- Indian Laws) Order 1937) before the commencement of each calendar section (1), the [State] (Subs. for the word "Provincial" by the Adaptation of year a list of days to be observed in that year as holidays by all or any Laws Order, 1950) Government shall consult the [High, Court] (Subs. for Revenue Officers and Revenue Courts. the words "Chief Court" by Act 18 of 1918). 58(cid:9) THE PUNJAB TENANCY ACT, 1887(cid:9) THE PUNJAB TENANCY ACT, 1887(cid:9) 59 Section:- 106 Sections:- 106(A) -109 (4)(cid:9) If any of the powers of a Collector under Section 78 and 79, Section (3)(cid:9) Rules made by the Financial Commissioner under this or any other 80 or Section 82 are conferred on an Assistant Collector, they shall, unless section of this Act shall [be made subject to the control of] (Subs. for the the [State] (Subs. for the word "Provincial" by the Adaptation of Laws Or- words. "shall not take effect until they have been sanctioned by" by the der, 1950) Government by special order otherwise direct be exercised by decentralization Act, 1914 (4 of 1914) the [State] (Subs. for word "Provin- him subject to the control of the Collector. cial" by the Adaptation of Laws Order, 1950) Government. 106. Power for financial commissioner to make rules.- (1) The Fi- Punjab Amendment nancial Commissioner, .may in addition to the other rules which may be 106-A. Licencinq of petition writers in revenue courts and revenue made by him under this Act, makes rules consistent with this Act and any officers.— (1) No person shall practise as a petition writer in any Revenue other enactment for the time being in force,- Court or Revenue Office, unless he has been licensed under rules made (a) determining notwithstanding anything in any record-of-rights, under this Act (Ins. by Punjab Act 18 of 1969. Section 2) the number and amount of the instalments and times by and at (2) A person who contravenes the provisions of sub-section (1) shall which rent is to be paid; be liable to the prescribed penalty which shall not exceed fifty rupees in (b) for the guidance of Revenue Officers is determining for the any case. purposes of this Act, the amount of the land revenue of any (3) The Financial Commissioner may, from time to time, make rules land; (consistent with this Act and other enactments) for the time being in force: (c) presIcribing, for all or any of the territories to which this Act (i) declaring what persons shall be permitted to act as petition writ- extends, the periods during which, in proceedings held under ers in the Revenue Courts and Revenue Offices; this Act, a Revenue Officer or Revenue Court is not, except for (ii) regulating the issue, suspension and revocation of licences to reasons of urgency to be recorded, to issue any process of ar- such persons, the fees payable for the issue of licences, the con- rest against a tenant or against a landowner who cultivates his duct of business by them and the scale of fees to be charged by own land; them; and (d) regulating the procedure in cases where persons are entitled to (iii) providing for the penalty that may be imposed under sub-sec- inspect records of Revenue Offices or Revenue Courts, or to ob- tion (2), the authority who shall be competent to impose penalty tain copies of the same and prescribing the fees payable for under that sub-section and the authority to whom an appeal against searches and copies; an order of refusal to issue a licence or suspension or revocation (e) prescribing forms for such books, entries, statistics and ac- of licence or imposition of penalty shall lie.] counts as the Financial Commissioner thinks necessary to be kept, 107. Rules to be made after previous publication.-The power to make made or complied in Revenue Offices or Revenue Courts or sub- mitted to any authority; any rules under this Act is subject [—] (The words to the control of the Governor General-in-Council and" were repealed by the Devolution Act 38 (f) declaring what shall be the language of any of those offices and of 1920 Section 2 Schedule I) to the condition of the rules being made after Courts, and determining in what cases persons practisingin those previous publication. offices and Courts shall be permitted to address the-Presiding Of- 108. Powers exercisable by financial commissioner.-All powers con- ficers thereof in English and. ferred by this Act on the Financial Commissioner may be exercised from (g) generally for the guidance of Revenue Officers and other per- time to time as occasion requires. sons in matters connected-with the enforcement of this Act. CHAPTER - VIII : Effect of this Act on Records-of-Rights and (2)(cid:9) Until rules are made under clause (a) of sub-section (1), rent Agreements shall be payable by the instalments and at the times by and at which it 109. Nullity of certain entries of records-of-rights.—An entry in any is now payable. record-of-Rights providing— 60(cid:9) THE PUNJAB TENANCY ACT, 1887(cid:9) THE PUNJAB TENANCY ACT, 1887(cid:9) 61 (cid:9) Sections:- 110 - 111 Section:- 112 & SCHEDULE (a) that a landlord may prevent a tenant from making, or eject him 112. Effect of certain entries made in Records-of-rights before for making, such improvements on his tenancy as he is entitled to November, 1871.— An entry made with respect to any of the following make under this Act, or matters before the eighteenth day of November, 1871, and attested by the (b) that a tenant ejected from his tenancy shall not be entitled to proper officer in the record of a regular settlement sanctioned by the [State] Government, namely:- compensation for improvements or for disturbance in any case in which he would under this Act be entitled to compensation there- (a)e nhancement or abatement of the rent of a tenant having a right fore, or of occupancy, or the commutation of rent in kind into rent in money (c) that a landlord may eject a tenant otherwise that in accordance or of rent in money into rent in kind or the taking of rent in kind by with the provisions of this Act, shall be void to that extent. division or appraisement of the produce or other procedure of a like nature, or 110. Nullity of certain agreements contrary to the act.— (1) Nothing (b) the letting or under-letting of land in which ,there is a right of in any agreement made between a landlord and a tenant after the passing of this Act shall- occupancy by the tenant having that right-or the alienation of or succession to land in which such a right, subsists shall be (a) override any of the provisions of this Act with respect to deemed to be an agreement within the meaning of the last fore- the acquisition of a right of occupancy, or the reduction re- going section. mission or suspension of rent or the enhancement of the rent THE SCHEDULE of a tenant having a right of occupancy under Section 5 or Section 6, or Repealed by the Repealing and Amending Act, 1891 (XII of 1891) (b) take away or limit the right of a tenant as determined by this Act S. 2(1) and first Schedule. to make improvements and claim compensation therefore, or, where compensation for disturbance can be claimed under this Act, to claim such compensation, or (c) entitle a landlord to eject a tenant otherwise than in accordance with the provisions of this Act. (2)(cid:9) Nothing in clause (a) of sub-section (1) shall apply to an agreement by which a tenant binds himself to pay an enhanced rent in consideration of an improvement which has been, or is to be, made in respect of his tenancy by or at the expense of, his landlord, and to the benefit of which the tenant is not otherwise entitled. 111. Saving of other agreements when in writing or has been recorded in a Record-of-rights.k Save as expressly provided in this Act, nothing in this Act shall affect the operation of any agreement be- tween a landlord and a tenant, when the agreement either is in writing, or has been recorded in a record-of-rights before the passing of the Punjab Land Revenue Act, 1887 (XVII of 1887) or been entered by order of a Revenue Officer in a record-of-rights or annual record under the provisions of the Act. THE THE PUNJAB TENANCY RULES, 1909(cid:9) 63 Rules:- 3 - 9 PUNJAB TENANCY 3. Proceeding not to abate on death or marriage of party.- The death of one of the parties to a revenue proceeding, or in a proceeding to RULES, 1909 which a female is a party, for marriage shall not cause the proceeding to abate. And the revenue officer before whom the proceeding is held shall have power to make the successor-in-interest of the deceased person or [Published,—vide Financial Commissioner's notifications Nos. 78 L. of the married female a party thereto. and 79 of Punjab Gazette (Extraordinary), dated 151 March, 1881, pages 91 and 66 respectively] 4. In fixing dates, etc., Revenue Officer to follow procedure of Revenue Court Commission.— In fixing dates for the hearing of par- Limitation of Jurisdiction- of Assistant Collector of the 2nd ties and their witness in adjourning proceedings, and in dismissing ap- Grade plications on default or for other sufficient reason, a Revenue Officer 1. [(I) Limitation of powers of Naib-Tahsildars.— A Naib- will so far as the nature of the case may require' or permit, be guided Tehsilda r invested with the powers of an Assistant Collector of the 2nd generally by the principles of the procedure for the time being in force in grade shall not hear and determine a suit of any description men- revenue courts. tioned in the 3rd group of sub-section (3) of Section 77 in which the 5. The provisions of Sections 75-78 of the Civil Procedure Code and rent or sum claimed exceeds (Financial Commissioner's notification of Schedule I, Order XXVI, annexed to the said Code in respect of commis- No. 145, dated 18e November, 1909) Rs. [500] (Sub. by Financial sions shall apply in the case of proceedings before a revenue officer. Commissioner's notification No. 8583-E-53/5464, dated 21g Septem- ber. 1953) in amount. 6. Expenses of witnesses.— (i) A revenue officer may at his discre- tion award to a witness attending on summons a sum on account of his (ii)(cid:9) Limitation of powers of other Assistant Collectors of 2nd expenses not exceeding the sum to which the witness would have been grade.— Other Assistant Collectors of the 2nd grade shall not hear and entitled for a like attendance in a civil Court. determine a suit of any description mentioned in the 3rd group of sub- (ii)(cid:9) The sum so awarded shall be costs in the proceeding. section (3) of Section 77 in which the rent or sum claimed exceeds Rs. [1,000] (Subs. by ibid) in amount]. 7. Record of other proceedings under Tenancy Act.- In proceed- Procedure of Revenue Officers (Punjab Government notification ings before a revenue officer under the Punjab Tenancy Act, 1887, the No. 77. dated 1st March, 1888) revenue officer shall make with his own hand a brief memorandum of the statements of parties and witnesses at the time when each state- 2. (i) Statements and pleadings to be brief.- The statements and ment is made. pleadings made by or on behalf of parties to a revenue proceedings, whether oral or written, shall be as brief as the nature of the case admits; 8. Contents of orders.- In every proceeding in which an order is passed on the merits after inquiry, the revenue officer making the and shall not be argumentative but shall be confined as such as possible order shall also record a brief statement of the reasons on which it to a. simple and concise narrative of the facts which the party by whom is founded. or on whose behalf the statement or pleading is made believes to be material to the case, and which he either admits or believes that he will 9. Appointment and recovery of costs.- (i) In proceedings in which be able to prove. costs have been incurred the final order shall apportion the costs of be- tween the parties to the proceeding. (ii)(cid:9) Verification of applications.- Every written application of state- ment filed by a party to a revenue proceeding shall be drawn up and veri- (ii)(cid:9) Costs thus apportioned shall be recoverable by the revenue of- fied in the manner provided by the Civil Procedure Code for written state- ficer by attachment and sale of the movable property of the person li= ments in suits. able for the same in the manner prescribed in Section 70 of the Land Revenue Act. ,(cid:9) , r 64(cid:9) THE PUNJAB TENANCY RULES, 1909 THE PUNJAB TENANCY RULES, 1909(cid:9) 65 Rules:- 10 - 14 4 Rules:- 15 - 16 10. Execution of order of ejectment, etc.— (i) Order of ejectment from, and delivery of possession of immovable property shall be enforced 15.(cid:9) Contents of application for issue of notices of ejectment etc.— in the manner provided in the Code of Civil Procedure for the time being in (a) Every application for the issue of a notice of relinquishment, or of in- force in respect of the execution of a decree whereby a Civil Court has tended transfer of a tenancy, or for the issue of notice of ejectment from a adjudged ejectment from, or delivery of, possession of such property. tenancy, shall be accompanied by a true copy of the entries in the last (ii)(cid:9) And in the enforcing of these orders a revenue officer shall have all detailed janiabandi relating to the Khata Khatauni in which the fields to which the powers in regard to contempts, resistance and the like which a Civil the application relates are included. Court may exercise in the execution of a decree of the description men- (b) Where, however, such copy would be irrelevant owing to changes tioned in sub-section (1). in tenancy subsequent to the date of preparation of the jamabandi, true 11. Arbitration.— The provisions of the Punjab Land' Revenue Act, copies of the entries in the last khasra oirdawari relating to the particular 1887, with respect to arbitration shall apply to proceedings before a rev- fields to which the application relates shall be substituted, therefor, enue officer in respect of any matter described in the 15' and 2" groups of Copies filed under (a) or (b) shall be certified as correct under his Section 76 of the Punjab Tenancy Act, 1887. own signature by the Patwari or any other official acting under section 76 Language of Revenue Offices and Courts of the Evidence Act, I of 1872, or Section 151(2) of the Punjab Land Revenue 12. Language of Revenue Courts and Offices.— The Languages Act, XVII of 1887. of revenue offices and courts before district level shall be Hindi in Devnagri (Pleaders and Mukhtars) (Financial Commissioner's Noti. No. Script in Hindi Region and Punjabi in Gurmukhiscript in the Punjabi Re- 145. dt. 131 November. 19091 gion; and (As amended by Financial Commissioner's notification No. 145. dated 13th November. 1909. and substituted for rules 12 and 13 by Finan- 16.(cid:9) Appearances of Pleaders and Mukhtars in proceedings- be- fore the Financial Commissioner.— Whereas by Schedule I, Order Ill, cial Commissioner's notification No A R.I (IV)-61/3667. dated 30th Oct. Iclause 4(1), annexed to the Code of Civil Procedure every Pleader is re- 1961 and Rule 12 so substituted has further been substituted by Punjab quired to be appointed by an instrument in writing, and by Punjab Gov- Government Notification No. GSR 193/PA 16/87/5106/62, dated the 28th ernment notifications Nos. 728 and 729, dated 1st November, 1887, ev- September, 1962). English and Urdu in Chandigarh Capital. ery certificated Mukhtar is required to hold a special power-of-attorney, [FOR HARYANA ONLY] and no such Pleader or Mukhtar can be recognised, in the .absence of a Provided that the order, on judgment against which an appeal or written authority as aforesaid, is empowered to appear; plead, or act for revision lies under the law for the time being inforce, may be written by the any person in any proceeding governed by the Punjab Tenancy Act, XVI Presiding Officer in English. of 1887, and the Land Revenue Act, XVII of 1887, and it is expedient to Explanation.— The expression 'Hindi Region' and 'Punjabi Region' provide for ascertaining that every such Pleader or Mukhtar is duly shall have the meaning assigned to them in the Punjab Regional authorised to appear, plead, or act in any such proceeding before the Committees Order, 1957. Financial Commissioner, the following rules are made by the Financial Commissioner: (Financial Commissioner's Notification No. 145 D1. 13th November, 1909) processes and Notices issued under the Tenancy Act] (a) Contents of appointments.— Every appointment of a Pleader and every power-of-attorney to a certified Mukhtar presented to the 13. Repealed. court shall contain in full the name of the person or Pleader or 14. Processes of arrest not to be issued between certain dates.- Mukhtar to appear or act on his behalf and shall be executed by - A revenue officer or revenue court shall not, except for reasons of urgency, to every such person. be recorded, issued any process of arrest against a tenant or against land- (b) Proof of agent's power to act on behalf of his Principal,— owner who cultivates his own land between the 15' day of April, and the 315' When such 'appointment or power is not executed by the Principal day of May, or between the 15th day of September and 15th day of November. himself but by some person claiming to appoint or give authority on 66(cid:9) THE PUNJAB TENANCY RULES, 1909 Rules:- 17 -18 THE his behalf, the Pleader or Mukhtar will not be recognised by the PUNJAB PETITION court without proof that such person was duly authorised by the Principal to execute such appointment or power. WRITERS (REVENUE) (Applications for Revision Financial Commissioner's Notification No. 145 dated 13th November. 1909 17.(cid:9) Contents of applications for revision.— (1) An application that RULES, 1982 the Financial- CommissiOner should exercise the powers conferred by Section 84 of the_Punjab Tenancy Act, 1887, drawn or -supported by an (Published in Punjab Govt. Gaz. July 23, 1982 at page 6211 Advocate or Pleader or by a Revenue Agent admitted to practise in the Notification Financial Commissioner's Court, shall specify the particular ground on which the aid of the Financial Commissioner's Court is invoked. The 15th July, 1982 (a) If the ground be that the court which decided the case exer- No. G.S.R. 98/P.A. 16/87/S. 106-A/82: - With reference to cises a jurisdiction not vested in it by law, the application shall set Government of Punjab, Department of Revenue notification No. G.S. 56/P.A. out clearly the particular exercise of jurisdiction complained of; 16/1887/S. 106-N82, dated the 6'h May, 1982 and in exercise of the powers (b) If it be that the court which decided the case failed to exercise conferred by sub-section (3) of section 106-A of the Punjab TenancyAct, 1887, a jurisdiction so vested the jurisdiction which ought in the and all other powers enabling him in this behalf, the Financial Commissioner, applicant's opinion, to have, but has not, been exercised, shall be Revenue Punjab is pleased to make the following rules namely: - clearly set out; 1. Short title and commencement: - (1) These rules may be called (c) If it be that the court acted in the exercise of its jurisdiction with the Punjab Petition Writers (Revenue) Rules, 1982. material irregularity the particular irregularity or irregularities com- (2)(cid:9) They shall come into force at once. plained of shall be similarly set out. 2. Definitions: - In these rules, unless the context otherwise requires, - (ii) The clerk of court is hereby authorized to return for amendment, (a) 'petition-writer' means a person who writes petitions while prac- within a time to be specifiedi5 an order to be recorded by him on ticing in a Revenue Court of Revenue Office for the purpose of the application, any application, notdrawn up in conformity with the foregoing directions. presenting same to the Revenue Court or Revenue Office; 18.(cid:9) (b) 'petition means a document written for the purpose of being A tenant exempted from production of certified copies of revenue presented to a Revenue Court or a Revenue Officer and includes a records in suits instituted by him under the pre-existing rule 88 inserted by plaint and memorandum of appeal; Punjab Government Notification No. 8722. R- 53/3-Spl., dated 31st Decem- ber, 1953, shall be similarly exempted from producing such certified cop- (c) 'to practise as a petition writer' means to write petitions for hire, ies in appeals, applications for review or revisions filed or to be filed by him and includes the writing of a single petition for hire; from orders or decrees passed in such suits. Such copies may be ob- (d) 'Form' means a Form appended to these rules; tained by the Court concerned itself. (Substituted by Punjab Government (e) 'licensee' means a petition writer to whom a license has been Notification No 2439-R-55/1988 dated the 6 1' July. 1955.1 granted or renewed under these rules; (f) 'Revenue Officer' means the office of a Revenue Officer; (g) 'recognised agent' means a person who performs the functions of a recognised agent as described in Order III Rule 2 of the Civil Procedure Code. (cid:9)(cid:9)(cid:9)(cid:9) 68(cid:9) THE PUNJAB PETITION WRITERS (REVENUE) RULES, 1982 THE PUNJAB PETITION WRITERS (REVENUE) RULES, 1982 (cid:9) 69 Rules:- 3 - 7 Rules:- 8 - 12 3.(cid:9) Prohibition to Practice as Petition writer without licence: - No Provided that a person who has been granted licence under rules person shall, after the expiry of a period of thirty days from the com- framed by the High Court under section 46-A of the Punjab Courts Act, mencement of these rules, practice as a petition writer in a Revenue 1918 immediately before the commencement of these rules, shall be Court or Revenue Office except under and in accordance with the provi- granted a licence under these rules on payment of the fee specified in rule s u i n o d n e s r o th f e th se e s r e u l r e u s l : e s and the terms and conditions of a licence granted 9 without taking into consideration the above matters • 8.(cid:9) Application for licence: - Every person desiring to obtain a licence Provided that an Advocate, a Pleader or recognised agent shall under these rules shall make an application to the Licensing not for the purpose of writing petitions for being presented to Revenue Authority in Form 'A' together with proof of fee as specified in rule 9 having been paid in Court or a Revenue Office shall be required to have a licence under these rules. the manner indicated in that rule. 4. Prohibition to receive etitions: - 9.(cid:9) Fees: - (1) The fees for grant and for renewal of a licence shallte No petition shall be received ten rupees and five rupees respectively. I(cid:9) by a Revenue Court or by a Revenue Officer, unless it is written by the (2)(cid:9) person concerned or his recognised agent, or by a legal practitioner or by The fees specified in sub-rule (1) shall be deposited either in the a petition writer. Bank through Treasury Challans or be paid by means of Court fee stamps. 5. Number of petition writers: - The Commissioner of a Division shall 10.(cid:9) Grant of refusal of a 'licence: fix the maximum number of persons, who can practice as petitionwriters at - (1) On receipt of an application the headquarters of a sub-district, Sub-Division or a District. for the grant of licence, the Licensing Authority may, after taking into 6. Licensin Authorit : consideration the matters referred to in rule 7, either grant or refuse a - The Collector of a district shall be the Li- licence. censing Aut ority within his jurisdiction under these rules. (2) 7. Eligibilityfor grant of licence: Where the application for a licence is refused, the reasons for - No person shall be eligible for such refusal shall be recorded in writing and conveyed to the applicant grant of a licence as a petition writer under these rules, if he— and the fees paid by the applicant along with the application shall be re- (i) has not passed the Matriculation Examination with Punjabi lan- funded to him. guage in Gurmukhi script as one of the subjects or Higher Second- (3) Where the application for a licence is not refused, the. Licensing ary Examination or any other examination of an equivalent stan- dard; Authority shall grant the applicant a licence in Form 'B'. 11.(cid:9) (ii) does not possess good character and good conduct; Period of validity of licence: - Every licence granted under rule 10, shall, unless suspended or cancelled earlier be valid upto the 31st day (iii) has not good handwriting to the satisfaction of the Licensing of December of the calendar year in which it is granted, and may thereafter Authority; be removed for a further period of one year at a time. (iv) is less than eighteen years of age; 12.(cid:9) Renewal of licence: (v) - (1) Every licencee desiring to get his li- is in the employment of the Government or an local authority or cence renewed, shall, before the date of expiry of the licence, make an any legal practitioner; application for renewal to the Licensing Authority in Form 'C' together with (vi) is not of sound mind; the proof of fee specified for renewal in rule 9 having been paid in the man- ner indicated in that rule. (vii) has been dismissed from the service of Government or of any (2)(cid:9) local authority; and Where the application for renewal is made within the time specified in sub-rule (1), the applicant shall, for the purposes of these rules, be (viii) has been convicted of any offence involving moral turpi- deemed to be a licencee even during the period the application remains tude; pending with the Licensing Authority. (cid:9)(cid:9) 70(cid:9) THE PUNJAB PETITION WRITERS (REVENUE) RULES, 1982 Rules:- 13 - 16 THE PUNJAB PETITION WRITERS (REVENUE) RULES, 1982 (cid:9) 71 Rules:- 17 - 24 [(3)(cid:9) If the application for renewal is not made within the period of three months from the date of expiry of the licence, a penalty of rupees two for each 17. Seal: - month or part thereof for delay shall be charge.] Every licensed petition-writer shall at his own expense pro- [Substituted vide P.G. Noti- fication No. G.S.R. 33/PA/16/1887/S. 106-A/Amd(I)/96 dated 2.4.1996.] vide himself with a seal, engraved with his name, place of business, li- cence number and year of grant of licence in the official language of the 13.(cid:9) Licence lost or damaged: - (1) If the licence of a petition writer State and two true impressions of the seal shall be got deposited with the granted to him under rules is lost or damaged, he may apply to the Licens- Licensing Authority by him by way of record. ing Authority for a duplicate licence. 18. Registers of etition-writers to be kept: - (2)(cid:9) A register in Form 'D' The application for a duplicate licence shall be made in writing and shall be maintained by the Licensing Authority wherein the particulars of all shall be presented by the applicant in person. The Licensing Authority, if licensed petition-writers of whose licenses have been cancelled for not satisfied that the previous licence has been lost or damaged, shall, on practicing over a period of three years, shall be entered. payment by the applicant a fee of five rupees, cause a fresh licence to be 19. Declaration to be made on the etition:

issued in the same form and bearing the same date as the lost or dam- - Every licensed peti- tion-writer shall record at the foot of every petition writer by him, a declara- aged licence, and shall cause the word 'duplicate licence' to be enfaced tion, under his signatures that, to the best of his knowledge and belief, the thereon with the date of issue, and shall sign such enforcement. petition expressed the true meaning of the petitioner and that its contents 14.(cid:9) Conditions on which licence remains in force: have been fully explained to the petitioner. -A licence granted to a petition-writer under these rules authorises him to practise as a peti- 20. Petition-writer to si n and seal the etition and make certain tion-writer, subject to these rules, according to its tenure and it continues endorsements: in force until— - Every licensed petition-writer shall sign and seal with his Official Seal every petition written by him and shall enter on it the num- (i) its operation is suspended or cancelled by an order made under ber which it bears in the register maintained by him in Form rule 26 or the petition-writer enters the service of Government, Lo- amount of fee which has been charged for writing it. 'E' and the cal Authority or of a legal practitioner; or 21. Employment of other persons to write etitions: (ii) the petitioner-writer is debarred from practising as petition-writer. petition-writer shall not dictate a petition to or cause a petition t - o A b e lic w e r n it s te e n d 15.(cid:9) Shifting of place of business by the licensee: by a person who is not a licensed petition-writer nor shall he employ any - No licensed petition writer shall shift his place of business except by permission, — person who is not a licensed petition-writer to write petitions for (i) of the Collector of the district concerned from one Sub-Division 22. Not to act as recognised a ent: - A licensed petition-writer sha ll to another sub-Division in the same District. not act as recognised agent in any case in Revenue Court or Revenue Office, except in a case (ii) in which he is himself a party. of the Commissioner of the division concerned from one district 23. to another district within the same Division; and Not to engage in trade or business: writer shall engage - No licensed petition (iii) himself in any other trade or business without of the Financial Commissioner, Revenue, Punjab, from one the previous permission in writing of the Financial Commissioner, Rev- Division to another Division. enue, Punjab. 16.(cid:9) Manner of writing petition by a licensed petition-writer: - 24. Ev- Production of licence for ins ection: ery licenced petition-writer in writing a petition shall confine himself to ex- - (1) Every licensed peti- tion-writer shall, on demand, produce his licence for the inspection of the pression in plain and simple language, such as the petitioner can under- . Licensing Authority or any other Officer authorised by it in this behalf. stand, and in concise and proper form the statements and objects of the (2)(cid:9) petitioner shall be referred therein and shall not introduce any argument or If the licensed petition-writer refuses to produce his license at the quotation from a Law Report or other Law Book, or refer to any decision time of the inspection, the Licensing Authority may, by an order, suspend not brought to his notice by the petitioner. the licence and on such suspension the petition-writer shall not practise, till the suspension is revoked. (cid:9)(cid:9)(cid:9)(cid:9) 72(cid:9) THE PUNJAB PETITION WRITERS (REVENUE) RULES, 1982 THE PUNJAB PETITION WRITERS (REVENUE) RULES, 1982(cid:9) 73 Rules:- 25 - 28 Rules:- 29 - 32 25.(cid:9) Fee charges for writing petitions: - (1) No licensed petition-writer (ii) in any Revenue Court or Revenue Office, in which he has been shall charge fees for writing petitions in excess of those shown in the forbidden to practise; Schedule appended to these rules. (iii) after his licence has been or should have been surrendered (2)(cid:9) A copy of the Schedule referred to in sub-rule (1) shall be exhibited under these rules; or at a conspicuous place at the headquarters of sub-district, every sub-divi- (iv) sion and district. while his licence is suspended on cancelled or he is debarred from practicing in the Revenue Court or Revenue Office. (3) A copy of the said Schedule shall also be exhibited conspicuously 29. Order to re-write a petition: - by each petition-writer at the place where he carries on his business. Any Revenue Court or Revenue Officer may order a licensed petition-writer to re-write any petition which (4) The petition-writer shall issue a receipt for the amount of fee charged contravenes rule 16 or is illegible, obscure, or prefix or contains any irrel- by him for writing the petition. evant matter, or misquotation or is, from any other cause in the opinion of 26.(cid:9) Suspension or cancellation of licence: - The licence of a peti- such Court or Officer informal or otherwise, objectionable. tion-writer, who— 30. Striking off the name from register: - The name of the licensed (i) writes petitions contrary to these rules; petition-writer, who does not get his license renewed for a continuous pe- (ii) incorporates objectionable matter in the petition; riod of three years after the expiry of the duration for which it was originally granted or subsequently renewed shall be struck off the register main- (iii) uses disrespectful, insulting or abusive language during the tained by the Licensing Authority under rule 18: course of his business; Provided that the petition-writer whose name has been struck off (iv) is found to be incapable or inefficient of discharging the func- the register may apply for the grant of a fresh licence in accordance with tions; these rules. (v) is declared insolvent by a competent court; 31. Name of the petition-writer whose licence has been sus- (vi) is convicted of criminal offence involving moral turpitude; pended to be posted at a conspicuous place: - The name of the peti- (vii) charges fees in excess of that specified in the Schedule ap- tion-writer whose licence is suspended or cancelled shall be posted at a pended to these rules; conspicuous place of the concerned Revenue Court and Revenue Office. (viii) is found unfit to practise as a petition-writer by reason of his 32. Order prohibiting practice: - (1) The Presiding Officer of a Rev- fraudulent or improper conduct; or enue Court or a Revenue Office, may for any sufficient reasons to be re- corded, in writing prohibit any petition-writer to practise in his court or of- (ix) does not comply with the directions given under these rules; fice, as the case may be: shall, in addition to any penalty which may be imposed under these Provided that if the order of prohibition is made by an authority lower in rules, be liable to be suspended cr cancelled by the Licensing Authority. rank to the Financial Commissioner, Revenue, Punjab, a reference in this behalf 27.(cid:9) Surrender of licence: - Every licensed petition-writer- would be. made to him for his orders and his orders in the matter shall be final. (i) whose licence is suspended or cancelled under these rules; or (2) Every order of prohibition to practise passed under sub-rule (1) (ii) who enters the service of the Government, a local authority or a shall be communicated to the concerned Licensing authority who shall legal practitioner; endorse the substance and date of the order so passed on the licence under his own signatures. shall forthwith surrender his licence to the licensing Authority. (3) Any other order, in addition to the orders referred to in sub-rule (1), 28.f.(cid:9) Rules for practice: - No licensed petition-writer shall practise- passed under these rules shall be dealt with in the manner indicated in (i) contrary to the terms of his licence; sub-rule (2). 74(cid:9) THE PUNJAB PETITION WRITERS (REVENUE) RULES, 1982 Rules:- 33- 35 & Forms (A) THE PUNJAB PETITION WRITERS (REVENUE) RULES, 1982(cid:9) 75 Forms :- B - C 33. C_oonizalice: - The Licensing Authority may take cognizance of the breach of these rules either of his own motion or on the report or FORM - complaint of the Presiding Officer of the Revenue Court or of the Rev- (See rule 101 enue Office and it may, after such enquiry as is considered necessary by Form of licence for a petition-writer an order impose on the defaulter a penalty of the amount not exceeding fifty rupees: In the court of (cid:9) Certified that (cid:9) son of (cid:9) Provided that no order shall be passed against any person without resident of (cid:9) has (cid:9) this day affording a reasonable opportunity of being heard. been licensed as a petition-writer of the (cid:9) 34. Appeal: and is hereby permitted to practise as such in the manner specified in the Punjab -Any person aggrieved of any order made by the Licens- Petition Writers (Revenue) Rules, 1982 and subject to the provisions of the said ing Authority under rules 10, 24, 26 or 33 may appeal to Financial Commis- rules till the 31$' day of December, 198, sioner, Revenue, Punjab, whose orders, in this behalf, shall be final. Given under hand and the seal of this court, this (cid:9) day of 35. Review: - The Financial Commissioner, Revenue, Punjab, may, at (cid:9) 198. any time tall for the record of any order passed by the Licensing Authority Collector under these rules and pass such order as he deems fit in this behalf. FORM - 'A' FORM - 'C' (See rule 8) (See rule 12) Application Form for licence Application Form for Renewal of Licence To To The Collector, The Collector, Subject: Subject: -Application for the renewal of licence. -Application for the grant of a licence to practise as a petition-writer. Sir, Sir, As I want to practise as a petition-writer in your court/premises. I request The period of one year for the grant/renewal of my licence expires on that I may be granted a licence for the same in terms of the provisions of the Punjab Petition-Writers (Revenue) Rules, 1982. I fulfil the requisite qualification laid down (cid:9) . I, therefore, request that my licence to practise as a petition-writer may kindly be renewed for another one year. for the petition-writers in the Punjab Petition Writers (Revenue) Rules, 1982. My place of business shall be at (cid:9) I have deposited the requisite fee for renewal of licence in the State Bank Yours faithfully, of Indian.on (cid:9) and a copy of the Challan is attached. I have paid the requisite fee for the renewal of licence by means of court fee stamps (delete whichever is not applicable). Copies of the requisite certificates are enclosed: Yours faithfully, ,1. Date Name (cid:9) 2. 3. Address (cid:9) 4. Licence No. 5, 76(cid:9) THE PUNJAB PETITION WRITERS (REVENUE) RULES, 1982 Form :- D THE PUNJAB PETITION WRITERS (REVENUE) RULES, 1982(cid:9) 77 Form:- E & SCHEDULE FORM `D' FORM 'E' See rule 18 (See rule 20) Re ister of etition-writers to be maintained b the Collector of the Register to be maintained by every licensed petition-writer District. Serial No. of petition Pages of Register 2. Date on which petition was written (cid:9) Register No. 3. Name of petition-writer Name, parentage, caste and residence of the person at whose instance the petition was written Father's name 4. Description of the petition (cid:9) Residence 5. Brief abstract of contents of the petition (cid:9) Date of grant of licence/renewal of licence (cid:9) 5.(cid:9) Value of court fee labels affixed to the petition Authority granting licence Note. 1: - One or more pages to be set apart for each petition- writer. 7. Fee charged for writing the petition 8. Remarks (cid:9) Note. 2: - On the rest of page will be entered in chronological or- der- Signature of petition-writer (i) the date of and authority for the grant of every duplicate licence Signature or thumb-impression of the petitioner (cid:9) under rule 13 of the Punjab Petition-Writers (Revenue) Rules, 1982 SCHEDULE (hereinafter referred to as the said rules); [Schedule substituted vide P.G. Notification No. G.S.R. 51/PA (ii) the date of and authority for every shifting of place of business 16/1887/S. 106A/Amd(2)/98 dated 3.71998 Published in Pb. Govt. Gaz. under rule 15 of the said rules; (Extra) L.S. Part Ill dated 10.7.1998] (iii) the date of each annual inspection of licence under rule 24 of (See Rule 25) the said rules; Sr. No.(cid:9) Nature of document (iv) Scale of fee the date and nature of every penalty imposed under section 106-A of Punjab Tenancy Act, 1887; CATEGORY-I v) the date and substance of every order passed under the said rules; 1. Application for copy Rs. 2.00 2. Copy of Plaint (vi) a copy of every endorsement made on the licence; and 2.00 (vii) 3. Application for delivery of possession 2.00 date on which the name of the petition-writer was struck off and restoration due to the petition-writer having lefty the practice for over three 4. Application for revision of fine 2.00 years as provided under rule 30 of the said rules, 5. Application for lambardari 2.00 6. Application for publicity 2.00 7. Application for Chaukidari 2.00 8. Affidavit 2.00 9. Fard, Talbana and Warrant 2.00 10. Index of documents 2.00 11. Form of address of plaintiff/defendant or respondent 2.00 (cid:9)(cid:9) THE PUNJAB PETITION WRITERS (REVENUE) RULES, 1982(cid:9) 79 78(cid:9) THE PUNJAB PETITION WRITERS (REVENUE) RULES, 1982 SCHEDULE SCHEDULE 12. List of witnesses (cid:9) 2.00 41. Application for redemption(cid:9) 5.00 13. Receipt of case and property (cid:9) 2.00 42. Application for proclaMation(cid:9) 5.00 14. Copy of complaint (cid:9) 2.00 43. Application for recovery of rent(cid:9) I(cid:9) Under the Punjab 15. Receipt of possession of immoveable (Form M),(cid:9) I(cid:9) Security of Land property (cid:9) 2.00 44. Notice for deposit of rent(cid:9) I(cid:9) Tenures Rules, 16. Application for permission to dispose (Form N)(cid:9) 1956. of immovable property of minor (cid:9) 2.00 45. Notice to landowner to accept 17. Process fee (cid:9) 2.00 the rent (Form R)(cid:9) .(cid:9) 5.00 Sr. No. Nature of document(cid:9) Scale of fee . Sr. No. Nature of document(cid:9) .(cid:9) Scale of fee CATEGORY-III CATEGORY- II 46. Written statement or replication(cid:9) 10.00 18. Application for production of witnesless(cid:9) 5.00 47. Application for eviction or fixation of 19. Application for stay of execution fair rent(cid:9) 10.00 proceedings(cid:9) 5.00 48. Application for transfer of case(cid:9) 10.00 JI 20. Application for grant of temporary 49. List of reliance(cid:9) 10.00 50. Complaint(cid:9) 10.00 injunction(cid:9) 5.00 51. Revision Petition(cid:9) 10.00 21. Application for grant of succession 52. Review Petition(cid:9) 10.00 certificate or probate or letter of 53. Application for permission to sue or appeal administration(cid:9) 5.00 in forma pauperis, with list of property(cid:9) 10.00 22. Application for execution of decree(cid:9) 5.00 54. Application under Hindu Marriage Act 23. Application for final decree(cid:9) 5.00 or Special Marriage Act with copies(cid:9) 10.00 24. Application for amendment of decree(cid:9) 5.00 55. Appeal (Reyenue)(cid:9) 10.00 ' 25. Application under the InsolvencyAct(cid:9) 5.00 26. Application for setting aside ex parte 56,(cid:9) Deed of Agreement(cid:9) 10.00 proceedings(cid:9) 5.00 57. Application for deposit of rent(cid:9) 10.00 27. Notice(cid:9) 5.00 Sr. No. Nature of document(cid:9) Scale of fee 28. Reply of notice(cid:9) 5.00 CATEGORY - IV 29,(cid:9) Deed of compromise(cid:9) 5.00 58. Suit application/plaint(cid:9) 15.00 30. Power of Attorney(cid:9) 5.00 59. Partition suit(cid:9) 15.00 31. Application for restoration of suit or 60. Application for purchase of land appeal dismissed in default(cid:9) 5.00 Under the Purijab 32. Objection petition under Order XXI rule (Form Q) 58 C.P.C.(cid:9) 5.00 Security of Land 33. Application under Order XXI Rule 66 Tenures Rules, C.P.C.(cid:9) 5.00 61. Application for ejectment,(cid:9) 1956 -34.(cid:9) Application for stay of proceedings (Form L) for realisation of fine(cid:9) 5.00 62. Application for dispossession of 35. Application under Indian Lunacy Act, tenant by small landowner with copies(cid:9) 5.00 (Form K-1) 36. Security Bond(cid:9) 5.00 63. Suit for recovery of rent(cid:9) 15.00 37. Personal Bond(cid:9) 5.00 64. Miscellaneous application not included (cid:9) 38. Application for demarcation(cid:9) 5.00 in the foregoing items 5.001 39. Application for correction of Khasra (cid:9) girdawari 5.00 (cid:9) 40. Notice for ejectment 5.00 THE PUNJAB OCCUPANCY TENANTS (VESTING OF PROPERIETARY RIGHTS) ACT, 1952 81 THE PUNJAB Section:- 1 This Act may be 1.(cid:9) Short title, extent and commencement r—(1) called the Punjab Occupancy Tenants (Vesting of Proprietary Rights) OCCUPANCY TENANTS Act, 1952. (2) It extends to the whole of the State of Punjab. (VESTING OF ii It shall be deemed to have come into force on the 15th day of (3) June, 1952. PROPRIETARY RIGHTS) March, 1949, a Land Statement of objects and Reasons.—In Reforms Committee was appointed by Government to examine the tenancy ACT, 1952 legislation in force in this State and to suggest ways and means to ameliorate the economic condition of tenants. One of the recommendations of that [Punjab Act No. 8 of 1953] Committee was that the occupancy tenants should be given proprietary rights in their tenancies on payment of suitable compensation of the land- Received the assent of the President on the 14th April, 1953, and lords. The Committee was of the view that conferment of proprietary rights was first published in the Punjab Government Gazette, (Extraordinary), of in the land on the actual tiller of the soil was in conformity with modern the 15th April, 1953. trends of thought. The Committee also felt that because of the tension List of Amending Acts prevailing between occupancy tenants and their landlord neither the tenant 1. Amended by Punjab Act 13 of 1955 nor the landlord was in a position to develop the land to its utmost. As the State Legislature was suspended, the President of the Union enacted the 2. Amended by Punjab Act 31 of 1958 Punjab Occupancy Tenants (Vesting of Proprietary Rights) Act, 1951 3. Amended by Punjab Act 29 of 1959 (President's Act No. VIII of 1951). In order to give effect to the An Act to vest proprietary rights in occupancy tenants and to recommendations made by the Land Reforms Committee. It came into provide for payment of compensation to the landlords whose rights force from 15th June, 1952. are extinguished and for certain consequential and incidental matters. Under the Act as enacted by the President all rights of landlord's in 2. Case Law the land held by occupancy tenants, whether at present or in future, are to Punjab Tenancy Act, 1887—Section 77(3)(d)—Question to be examined is if civil be extinguished and these will pass to the occupancy tenants on payment court has a jurisdiction to declare a tenant as occupancy Tenant, even though of such compensation for acquisition of these rights as may be determined section 77(3)(d) of the Tenancy Act, contemplates that a suit by a tenant to establish under the Act. In brief the Act aims at converting all occupancy tenants into a right to occupancy falls within the exclusive jurisdiction of Revenue Court—With proprietors of their tenancies. The evacuee property has, however, been the advent of the 1952 Act, the occupancy rights ceased to exist, and statutory exempted from the provisions of this Act because there has been no final ownership created in lieu thereof, a suit for occupancy rights would be wholly agreement with Pakistan regarding it and the land left by displaced per- meaningless- -Civil court has a jurisdiction to entertain a suit of declaration of sons in Pakistan. ownership.; Dharam Singh (deceased) L.Rs. and others v. Bhagwan Singh and others : 2005(3) Land L.R. (Pb. & Hry.) 172 3. Now that the State Legislature is in session the Act is being re- Punjab TenancyAct, 1887—Section 77(3)(d)—Jurisdiction of Civil Court and Revenue enacted under Article 375(2) of the Constitution of India. The Act has been Court—Whether after coming in force of vesting act, Civil Court would have exclusive. slightly modified now so as to enable the occupancy tenants to acquire Jurisdiction ? (YES)— Held, After coming into force of the Vesting Act, the Civil proprietary rights in the Shamilat land also". (Punjab Govt. Gazette Ex- Court alone would have the jurisdiction to determine the dispute envisaged in Section traordinary, dated 1.10.1952, P, 1061-1062) 77(3)(d) of the Act and the jurisdiction of the revenue Court would be barred—Civil Respondents have filed application under Section 4 of the Punjab suit would lie with respect to both the categories of occupancy tenants envisaged Tenancy (Vesting of Proprietary Rights) Act which is irrelevant as the act is in Section 2(f) of the Vesting Act.; Shiv Charan v. Commissioner, Haryana and others : 2005(3) Land L.R. (Pb. & Hry.) (FB) 326 not applicable to Pepsu—Application has rightly been treated an application 82 THE PUNJAB OCCUPANCY TENANTS (VESTING OF PROPERIETARY RIGHTS) ACT, 1952 THE PUNJAB OCCUPANCY TENANTS (VESTING OF PROPERIETARY RIGHTS) ACT, 1952 83 Section:- 2 Section:- 3 under Pepsu Tenancy (vesting of Proprietary Rights) Act and upheld the land held by him whether by agreement with the landlord or final order Of Collector, Ratiala dated 12.1.1988 whereby the changed through a court Of competent juriedictiOn or otherwiSe; and in- mutation was rejected—A$ for Punjab Tenancy Act, the Government is cludes elk, the PredecessorS and successors in interest'of an not a person, which'Word includes rha:n, woman Or any living human occupancy tenant. being---Or is not a landlord as againSt'occUpanay terierit—And as the Case Law occOpancy tenant fa•i led-to adduce any proof in that respect, he was Sections 2(a), 2(f)and 3—The eligible to eviction—pLinjab Tenancy Act, 1887; Munteilini. Comrnittea, Punjab Tenancy Act, 1887, Section 77(3)(d)— R P- E a P ti O al R a- T r E t- R Sh t . p j & ai , i 2 n 4 e 3 r : 'S y. i g n . g ao h _ '. . . : failjee : 1997(1) ALL INDIA LAND LAWS c O o c m cu in p g a - n i c n y f o R r i c g e n t b s f - - A zA ct O O q i u l i 9 si 5 ii 2 o , n re o v f e - nu G e r c a o n u te rt d s b w y e r R e e n v o e t n c u o e m C p o e U te r n t t — to H d e e ld c — ide A fter - question- the 2.(cid:9) and every tenant claiMing occupancy rights automatically became owner Definitions.-- in this Act, unless the context otherwise requires:- of the land by operation of law-Impugnedordera set aside.; Surinder Kumat v. (a) "Appointed day" means- V.P. Johahr, Financial Commissioner, Haryana : 2002(3) ALL INDIA LAND LAWS REPORTER (P&H) 676 (i) in relation to any renant who, immediately before the commence- 3.(cid:9) Vesting of proprietary rights in occupancy tenants and extin- ment of this Act, is recorded as an O'ccupancy tenant of any land in guishment of. Corresponding -rights of landlords. the revenue records, on the 15th day of JUrie, 1952. Notwithstanding anYthing-tathe contrary contained irrany law; custom or usage for the time (ii) in relation to any tenant who obtains a right of occupancy in any being in force, on and from the appointed day- land after the commencement of'this Act, the date on which he (a) 7- ( o b b ) t ains such right of occupancy; ' any a - l r l e r c i o g g h n ts iz , e ti d tl - e b y a a n n d y i n la te w re , s c t u ( s in to c m lu d o in r g u s th ag e e c o fo n t t i t n h g e e n ti t m in e t e b r e e i s n t ; i i n f "Collector" means the Collector of the district in which the land, force antiincluding the share in the Shamilat deh with respell to in respect of which proprietary rights are vested in an ocoUpancy the land concerned) of (cid:9)#ielarid held under him by an t t h en e a (cid:9) nt under this Act is situate; and includes any officer not beiow occupancy tenant: shall be extinguished, and such rights, title and of an Assietant ColleetO1 of the-tiiit'ai-kfreilieCiallieni-: interest shall be deetned to vest in the occupancy tenant free from powered by the State Government to- Perfonn the dtitie'i of a COI- all encumbrances; if any, created bythe 'landlord: lector under this Act;(cid:9) '7' '(cid:9) • Provided that the occupancy tenant shall have the option not to (c) "Commissioner" and "Financial Commissioner" have the mean- acquire the share in the Shamilat deh'by giving a notice in Writing to the ings, respectivelY'assbned to them under the Punjab Land Rev- Collector within six months ofthe publication' f thitAct or from the date of enue Act; XVII of 1887"(Punjab Act, XVII of 1887); his obtaining occupancy rights whichever is later; (d) "land'', "land revenue and "rent" have the meanings respec- (b) the landlord shall cease to have any right to collect or receive tively assigned to them in the Fimjab *Tenancy Act, XVI of '1887. any rerit.or any share of the land revenue in respect of such land (Punjab Act XVI of 1887); and his liability to pay land revenue in respect .Of the land shall (e) also cease; "landlord" means a person under whom an occupancy tenant holds land and to whom the occupancy tenant is, or but for special (c) the occupancy tenant shall pay direct to the Government the contract would be, liable to pay rent for that land, and includes the land revenue accruing-due in respect of the:land; predecessors and successors in interest of a landlord and shall for (d) the occupancy tenant shall be liable to pay, and the landlord the putpcises of section 4 includes the Mortgagee: (f) concerned shall be entitled to receive and:be paid, such compen- 'occupancy tenant" means a tenant who, immediately before sation as may be determined undet this Act. the commencement or this Act, is recorded as an occupancy ten- Case Law ant in the revenue records and inaludee a tenant who, after such Section commencement, obtains a right of oocuparidY in respect of the 150I- 3—Regular Second Appeal—Concurrent findings of fact— Both the Courts ow hold that on appointed day the plaintiffs have been found to be in possession 84 THE PUNJAB OCCUPANCY TENANTS (VESTING OF PROPERIETARY RIGHTS) ACT, 1952 THE PUNJAB OCCUPANCY TENANTS (VESTING OF PROPERIETARY RIGHTS) ACT, 1952 85 Section:- 4 Section:- 5 of the suit land as occupancy tenants--No interference would be warranted. ; Deep Chand & Ors. v. Yed Ram & Ors.: 2006(1 )ALL INDIA LAND LAWS REPORTER scribed, shall make an award determining the amount of compensation (Pb. & Hry.) 48 payable by the occupancy tenant to the landlord in accordance with the Section 3—Vesting of proprietary rights in occupancy tenants and extinguished of provisions of section 5. corresponding rights of land lords—Neither the appellants nor their predecessors (3) Where there is any dispute as to the person or persons who are were recorded as occupancy tenants in the revenue records, An immediately entitled to the compensation, the Collector shall decide such dispute and if before the commencement, of the Proprietary Rights Act—Nor did they obtain a the Collector finds that more than one person is entitled to compensation, right of occupancy in respect of the said land either by agreement with the landlord he shall apportion the amount thereof amongst such persons. or through a court of competent jurisdiction or otherwise after-the-commencement of the Act— Effect of—Held, The appellants, therefore, do not answer the definition (4) Where the compensation is payable to a minor or to a person hav- of 'occupancy tenant' under the Act—They cannot derive any benefit under Section ing a limited interest the Collector may make such arrangements as may 3 of the Act—Suit is based on title—Title is not made out. Appeal dismissed.; be equitable having regard to the interest of the minor, the parties con- Puran & Ors. v. Gram Panchayat, Faridabad : 2006(2) ALL INDIA LAND cerned and their reversioners. LAWS REPORTER (Supreme Court) 319 5.(cid:9) Principles of compensation.— The amount of compensation Section 3—Punjab TenancyAct, 1887, Sections 5 and 8—Punjab Village Common payable to the landlord under this Act shall be determined in the man- Lands (Regulations) Act, 1961, Section 4, & 4(3)—Vesting of Rights in Panchayats and non proprietors—Appellants had not accorded a status similar to occupancy ner and in accordance with the principles hereinafter set out, that is tenants by custom or otherwise (though not recorded as occupancy tenants in to say:- the revenue record), such as Dholidars, Bhomidars, Butimars, Basikhuophaus, (a) Where the rent payable by the occupancy tenant is expressed Saunjidars and Mugararidars-Appellants were not mortgagees in favour of whom, in terms of the land revenue in respect of the land, the amount Of the land was mortgaged with possession—The Panchayat had vested right in the compensation shall:- land in dispute. Held, Section 4(3) will be attracted only if the following 3 conditions are satisfied :- (i)i f the right of occupancy has been obtained on any of the grounds i) the person must be cultivating land which is part of Shamlat deh of village specified in section 5 of the Punjab TenancyAct, 1887 (XVI of 1887), (Punjab Act XVI of 1887), be equal to the annual rent (exclusive of ii)h e should be cultivating such land for a period of 12 years immediately preceeding the commencement of the Act; and land revenue and cesses) plus one anna for every rupee of the annual land revenue multiplied in each case by twenty; iii) he should be cultivating such land without payment of charges in excess of the land revenue and cess. ; Puran & Ors. v. Gram Panchayat, Faridabad : (ii) in any other case, be equal to the annual rent (exclusive of land 2006(2) ALL INDIA LAND LAWS REPORTER (Supreme Court) 319 revenue and cesses) plus two annas for every rupee of the annual 4.(cid:9) Determination of compensation payable to landlord.—Any land- land revenue multiplied in each case by twenty-five; lord whose ghts have been extinguished under section 3 may, within twelve Illustration (B). If the annual rent (exclusive of land revenue and months from the appointed day, apply to the Collector, in such form as cesses) is RS. 50 and the land revenue payable annually,is Rs. may be prescribed for the determination of the amount of compensation 160, then, in a case coming under clause (ii), the amounteCom- payable to him by the occupancy tenant: pensation will be (Rs.50+Rs.20)x25=Rs. 1,750. Provided that the Collector may entertain the application after (b) Where the rent payable by the occupancy tenan/. is not any !), the expiry of the said period of twelve months if he is satisfied that expressed in terms of the land revenue in respect of the land, [and the applicant was prevented by sufficient cause from filing the subject to the condition that it shall in no case exceefl 6 quarter of application in time. the market value of the land], the amount of compel*. ation shall,- (2)(cid:9) On receipt of an application under sub-section (1), the Collector (i) if the rent is paid in cash, whether as a fixed amount or at a fixed shall issue notice to the parties concerned and after giving the parties an rate with reference to the area of the land, be equal to twenty times opportunity of being heard and after making such inquiry as may be pre- the average annual rent in respect of the land; 86 THE PUNJAB OCCUPANCY TENANTS (VESTING OF PROPERIETARY RIGHTS) ACT, 1952 THE PUNJAB OCCUPANCY TENANTS (VESTING OF PROPERIETARY RIGHTS) ACT, 1952 87 Sections:- 6 - 7 Section:- 8 (ii) if the rent is paid by a division or appraisement of the produce on the basis of batai, bear the same proportion to average market value (b) any order of the Commissioner, to the Financial Commissioner,. of the land as the landlord's share of the produce bears to entire Provided that when an original award or order is confirmed on first produce of the land; appeal, a further appeal shall not lie. [--] [The Proviso omitted by Punjab Act 13 of 1955] ; (2)(cid:9) The Collector, the Commissioner or the Financial Commissioner 001 theientis_paicl,partly_in,cash (whethecas.alixecLamount or at may, eitherof his own motion or on the application made within ninety days a fixed rate with reference to the area of the' land) and partly as a of the party interested, review and on such review, modify, reverse or con- share-o-itheiaroduce, be equal to twenty times the average annual firm any order passed by himself or by any of his predecessors in office; rent in respect of the land; and such power shall be exercised subject to the provisions, so far as they [--] [The proviso omitted by Punjab Act 13 of 1955]; may be applicable of section 82 of the Punjab Tenancy Act, 1887 (Punjab Act XVI of 1887). (iv) [if in cases falling under sub-claUses (i) and (iii) It is not pos- sible to determine the average annual rent, be one-fourth of the (3)(cid:9) With respect to all matters dealt with under this Act, the Finan- average market value of the land] [Sub-clause (iv) added by Punjab cial Commissioner shall have the same power to call for to examine Act 29 of 1959, Section 2]. and revise the proceedings of the Collector or the Commissioner as provided in section 84 of the Punjab Tenancy Act, 1887 (Punjab Act Explanation.— For the purpose of determining the average market value XVI of 1887). of the land or average annual rent under this clause, the average of the market value of the land, or as the case may be, of the rent paid or payable, (4)(cid:9) The period of limitation for an appeal under this section shall run and in any case where rent is a share of the produce the average of the from the date of the award or order appealed against and shall be as follows:- price of the produce, during a period of fifteen years commencing from the 1st day of June, 1935, shall be taken into account. (a)w hen the appeal lies to the. Commissioner... sixty days, (c) where the share in the Shamilat Deh has also vested in the (b) when the appeal lies to the Financial Commissioner.... Ninety occupancy tenant, the amount of compensation for it shall be equal days. to five times the land revenue. (5)(cid:9) In computing the period for an appeal from an award or order under 6.(cid:9) Payment of Compensation.— The compensation awarded un- this Act, the Indian Limitation Act, 1908 (IX of 1908), shall apply. der this Act shall either be paid in cash or be deposited with Collector (6)(cid:9) For the purposes of this Act, the Collector, the Commissioner and by the occupancy tenant within a period of three months of the date of the Financial Commissioner may, in so far as may be necessary or expe- the award;(cid:9) - dient to do so, exercise all the powers of a revenue officer or a revenue Provided that the Collector may, having regard to the amount of court as the case may be under the Punjab TenancyAct, 1887 (PunjabAct, compensation or for other reasons and after recording his reasons for so XVI of 1887). doing, allow the occupancy tenant' to pay `:he compensation in such six 8.(cid:9) Certain mortgages and charges not enforceable against land monthly instalments, not exceeding in any case six years, as he thinks fit. held by occupancy tenants.— Notwithstanding anything contained in any (2)(cid:9) Where the occupancy tenant makes a default in the payment of contract or in any law for the time being in force, no claim or liability,, whether compensation in accordance with the terms of the award, the amount due under and decree or order of a civil court or otherWise-enforceable against may be recoVered in the same manner as an arrear of land revenue. a landlord for any money which is charged an or is secured by a mort 7.(cid:9) Appeal, review and revision.— (1) An appeal shall lie from- gagee of, any land held under him by an occupancy tenant, shall be en:- forceable against the land, and every such claim or liability shall be deemed (a) any award or order made by the Collector, to the Commissioner; to be a charge on the compensation payable to the landlord respect of and such land. - 88 THE PUNJAB OCCUPANCY TENANTS (VESTING OF PROPERIETARY RIGHTS) ACT, 1952 Sections:- 9 - 10 THE PUNJAB OCCUPANCY TENANTS (VESTING OF PROPERIETARY RIGHTS) ACT, 1952 89 [9.(cid:9) Act not to a I to evacuee ro art Sections:- 11 - 12 (cid:9) (1) Nothing in this Act shall apply to evacuee property as defined in the Administration of notification dated 19.2.1932— Property had vested in the Gurdwara as per Section Evacuee Property Act, (1950 XXI of 1950).] [Substituted by Punjab Act 10(3) of the Gurdwara Act under which notification was issued—Since property No. 31 of 1958] vested in Gurdwara and Respondnets 2 and 3 were in cultivating possession, no (2)(cid:9) title could be conferred by them on the appellants in respects of suit properties— visionsNotwithstanding anything contained in sub-sedtion (1) the pro- Appeal without merit is liable to be dismissed.; Dalip Singh and Ors. v. Sikh apply(cid:9) to- o f this Act shall subject to the prOvisions of sub-section (3) Gurdwara Prabhandhak Committee and Ors.: 2004(1) ALL 'INDIA LAND LAWS REPORTER (Supreme. Court) 331 --(a)-a-pe(cid:9)rs on WHO-, afte -(cid:9) r tthhee . Section10—Occupancylenants--With • right of occupanc-y-from-the c - o C m a M rra e r n - c G e O m V en d t r n o m f t e h n i t s u A n c d t e , r o t lo h t e a i D ns i _ s a - occupancy tenantsi-claim ownership rights t a h s e p e e n r f p o r r o c v e i m sio e n n s t o of f S 1 . 9 3 5 o 3 f A th c e t , j u p r l i a s i d n ic ti t f i f o s n , placed Persons (Compensation and Rehabilitation) Act, 1954 (44 to try the suit—Plaintiffs prayer is based on the nature of tenancy—Whether plaintiffs of 1954); and were occupancy tenants on the relevant date is the question—Which could be decided only under the Punjab Tenancy Act, 1887—S. 77(3) (d)—Such a decision, , (b) an;occupancy tenant or'a landlord who is an evacuee as de- if in the affirmative would entitle the plaintiffs to enlargement of their occupancy fined in clause (d) of section 2 of the Administration of Evacuee tenants rights into proprietary rights---And it is the revenue Court alone which can Property Act, 1950 (XXI of 1950). go into the question—Civil(cid:9) has nnoott jurisdiction—Trial Court directed to return (3)(cid:9) the plaint to plaintiffs for presentation to the Revenue Court Punjab Tenancy Act, For the purposes of section 3 and sub-section (1) of section 4, the 1887 S. 77(3) (d); Ornkar Singh v,. Nirmal : 2001(1) ALL INDIA LAND LAWS appointed date in relation to a person referred to in sub-section (2), shall REPORTER (Pb. & Hry.)208 notwithstanding anything to the contrary, contained in this Act or in any Section 10—Occupancy tenant or Judgment, decree or order of any court, tenant—Nature of tenancy is to confer the right be,- of ownership over the land in Oultivating possession—And nature of tenancy is to (a) in the case of a person who obtains a .right of occupancy be decided by the Revenue Authorities or Revenue Court—Jurisdiction of the Civil from the Central Government after the commencement of the Court is barred in unambiguous terms—VVhen lawconfers jurisdiction on a Tribunal and attaches finality to its orders/findings, no other forum will have jurisdiction even ( P A u m nj e a n b d O m c e c n u t) p O an r c d y in T an e c n e a , n 1 ts 9 5 (V 8, e t s h t e in g of Proprietary Rights) for appeals; Jiwan v. Ram Sarup (Died) through his LRs. : 1999(4) ALL INDIA is obtained; and date on which such right LAND LAWS REPORTER (Pb. & Hry.) 537 Section 10—Typographical (ii) in any other case, mistake cannot adversely affect the rights of the pancy the date of commencement of Punjab Occu- appellant—Remedy is to approach the same.Court which' passed the said order Tenants (Vesting of Proprietary Rights) (Amendment) Ordi- for rectification of the mistake—Only that Court can rectify it, such is the provision nance, 1958] in S. 152 of C.P.C.—Accidental slip, clerical or typographical mistake can be 10,(cid:9) corrected in that manner alone—Civil Procedure Code 1908—S. 152 ; Bar of Jurisdiction.-- Save as, otherwise expreSsly provided in Jiwan v. this Act, ;7317 Ram Sarup (Died) through his LRs. : 1999(4) 'ALL INDIA LAND LAWS Financial Commiss ; i 7 o 7 n 7 e r r C sh le a r ll m be a de ‘by the :Collector; Commissioner or REPORTER (P.b. & Hry.) 537 • final, made under this Act, shall be called in and no proceeding or order taken or 11.(cid:9) Bar to legal proceedings.- No prosecution, suit or other legal pro- officer or authority question by any court or before any ceeding shall lie against the State Government or any officer or authority for anything which is in good faith done or intended to be done in pursu- A S c ic t, t i 1 o 8 n 8 2 1 - 0 S — ec S ti i o k n h G 4l u -A rd p w p a e r ll a a A n c ts t, , 192 C 5 a — se S e L c , a i o w n s 10(3) and 78- Transfer oiProperty 1 a 2 n : c (cid:9) e of P th o i w s A er c t t o o r m o a f k a e n y r u ru le le s s .- m (1 a ) d T e h th e e S re ta u t n e d G er o . v ernment may, be notifi- 23- Suit was subsequent purchasers of land from respondents cation in the Official Gazette, makes.rules to carry out of the purposes of filed for declarations of title-Property in dispute originally belonged to this Act. (cid:9) • ' J., and occupancy tenant-Rights then devolved on respondents 2 and 3 through B who was father of (2)(cid:9) Tenants Act; they r espondent 2 and husband of respondent 3-8y virtue of Occupancy In particular, and without prejudice to the generality of the foregoing becarneabsoluteowners documents to show that suit property and hence the suit for title-There are n p a o m w e e l r y , : s -. u ch rules may provide for all or any of the following matters, was included in the list of properties.in the Personal Notes 90 THE PUNJAB OCCUPANCY TENANTS (VESTING OF PROPERIETARY RIGHTS) ACT, 1952 Section:- 13 (a) the form and manner in which an application for determination of compensation may be made by the landlord; (b) the form of notice and the manner in which notices may be . served under this Act; (c) the-manner in which inquiries may_be..held,under_ths.Act; (A) tlie_nipnner in which compensation may be paid; --n (e) the manner in which appeals and applications for review and revision may be filed; (f) any other matter which has to be, or may be prescribed. 13.(cid:9) Repeal and saving.- The Punjab Occupancy Tenants (Vesting of Proprietary Rights) Act, 1951 (President's Act VIII of 1951), is hereby repealed but, notwithstanding such repeal, anything done or any action taken in exercise of any power conferred by or under the said Act shall be deemed to have been done or taken in exercise of the powers conferred by or under this Act, as if this Act was in force on the day on which such thing was done or action was taken.