The Punjab Tenancy Act

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    THE PUNJAB TENANCY ACT, 1887

    (XVI OF 1887)

    CONTENTS

    CHAPTER 1

    PRELIMINARY

    1. Title, ete!t "!# $%&&e!$e&e!t

    2. [Repealed]

    3. [Repealed]

    4. 'ei!iti%!

    CHAPTER II

    RI*HT OF OCCUPANCY

    5. Te!"!t +"i!- .i-+t % %$$/0"!$

    6. Ri-+t % %$$/0"!$ % %t+e. te!"!t .e$%.#e# " +"i!- t+e .i-+t 2e%.e 0"i!- %P/!3"2 Te!"!$ A$t, 1848

    7. Ri-+t % %$$/0"!$ i! l"!# t"5e! i! e$+"!-e

    8. Et"2li+&e!t % .i-+t % %$$/0"!$ %! -.%/!# %t+e. t+"! t+%e e0.el t"te# i!A$t

    9. Ri-+t % %$$/0"!$ !%t t% 2e "$6/i.e# 2 &e.e l"0e % ti&e

    10. Ri-+t % %$$/0"!$ !%t t% 2e "$6/i.e# 2 3%i!t %!e. i! l"!# +el# i! 3%i!t %!e.+i0

    11. C%!ti!/"!$e % eiti!- %$$/0"!$ .i-+t

    CHAPTER III

    RENT

    Rents generally

    12. Re0e$tie .i-+t % l"!#l%.# "!# te!"!t t% 0.%#/$e

    13. C%&&/t"ti%! "!# "lte."ti%! % .e!t

    14. P"&e!t %. l"!# %$$/0ie# it+%/t $%!e!t % l"!#l%.#

    15. C%lle$ti%! % .e!t % /!#ii#e# 0.%0e.t

    19A: Ri-+t "!# li"2ilitie .e-".#i!- .e!t "!# -%e.!&e!t #/e

    Produce rent

    16. P.e/&0ti%! it+ .e0e$t t% 0.%#/$e .e&%e# 2e%.e #iii%! %. "00."ie&e!t

    17. A00%i!t&e!t % .ee.ee %. #iii%! %. "00."ie&e!t

    18. A00%i!t&e!t % "e%. "!# 0.%$e#/.e % .ee.ee

    19. P.%$e#/.e "te. #iii%! %. "00."ie&e!t

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    20. E!+"!$e&e!t % 0.%#/$e .e!t % %$$/0"!$ te!"!t

    21. Re#/$ti%! % .e!t .ee..e# t% i! t+e l"t %.e-%i!- e$ti%!

    Cash-rents paid by tenants having right of occupancy

    22. E!+"!$e&e!t % $"+ .e!t % %$$/0"!$ te!"!t

    23. Re#/$ti%! % .e!t .ee..e# t% i! t+e l"t %.e-%i!- e$ti%!

    General provisions relating to suits for enhancement or reduction of rent

    24. E!+"!$e&e!t "!# .e#/$ti%! % .e!t 2 /it

    25. 'i$.eti%! " t% ete!t % e!+"!$e&e!t %. .e#/$ti%!

    26. Ti&e %. e!+"!$e&e!t %. .e#/$ti%! t% t"5e ee$t

    Adjustment of rents expressed in terms of the land-revenue

    27. A#3/t&e!t % .e!t e0.ee# i! te.& % t+e l"!#9.ee!/e

    Adjustment of rents paid by occupancy tenants in Attoc !istrict

    ;79A: A#3/t&e!t % .e!t 0"i# 2 %$$/0"!$ te!"!t i! Att%$5 'it.i$t

    Alteration of rent on alteration of area

    28. Alte."ti%! % .e!t %! "lte."ti%! % ".e"

    Remission

    29. Re&ii%! % .e!t 2 C%/.t #e$.eei!- "..e".

    30. Re&ii%! "!# /0e!i%! % .e!t $%!e6/e!t %! li5e t.e"t&e!t % l"!#9.ee!/e

    !eposits

    31. P%e. t% #e0%it .e!t i! $e.t"i! $"e it+ Ree!/e9%i$e.

    32. Ee$t % #e0%iti!- .e!t

    Recovery of rent from attached produce

    33. Re$%e. % .e!t .%& "tt"$+e# 0.%#/$e

    "eases for period exceeding term of assessment of land-revenue

    34. T.e"t&e!t % le"e %. 0e.i%# e$ee#i!- %. e6/"l t% te.& % "e&e!t % l"!#9.ee!/e

    CHAPTER IV

    RELIN

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    38. A2"!#%!&e!t % te!"!$ 2 %$$/0"!$ te!"!t

    "iability to ejectment

    39. *.%/!# % e3e$t&e!t % %$$/0"!$ te!"!t

    40. *.%/!# % e3e$t&e!t % te!"!t %. " ie# te.&

    41. E3e$t&e!t % te!"!t .%& e". t% e".

    Procedure on ejectment

    42. Ret.i$ti%! %! e3e$t&e!t

    43. A00li$"ti%! t% Ree!/e9%i$e. %. e3e$t&e!t

    44. E3e$t&e!t %. "il/.e t% "ti #e$.ee %. "..e". % .e!t

    45. E3e$t&e!t % te!"!t .%& e". t% e". 2 !%ti$e

    46. P%e. t% &"5e ./le

    General provisions respecting ejectment

    47. Ti&e %. e3e$t&e!t

    48. Relie "-"i!t %.eit/.e

    49. Ri-+t % e3e$te# te!"!t i! .e0e$t % $.%0 "!# l"!# 0.e0".e# %. %i!-

    Relief for $rongful dispossession

    50. Relie % .%!-/l #i0%ei%! %. e3e$t&e!t

    =9A: B". t% $iil /it

    51. B". % .elie 2 /it /!#e. e$ti%! >, A$t I % 1877

    Po$er to vary dates prescribed by this Chapter

    52. P%e. % P.%i!$i"l *%e.!&e!t t% i #"te %. $e.t"i! 0/.0%e

    CHAPTER V

    ALIENATION OF, AN' SUCCESSION TO, RI*HT OF OCCUPANCY

    Alienation

    ;9A: P.%ii%! % C+"0te. V !%t t% "00l t% &/6"..".i#".

    53. P.i"te t."!e. % .i-+t % %$$/0"!$ /!#e. e$ti%! 2 te!"!t

    54. P.%$e#/.e %! %.e$l%/.e % &%.t-"-e % .i-+t % %$$/0"!$ /!#e. e$ti%!

    55. S"le % .i-+t % %$$/0"!$ /!#e. e$ti%! i! ee$/ti%! % #e$.ee

    56. T."!e. % .i-+t % %$$/0"!$ /!#e. "! %t+e. e$ti%! t+"! e$ti%!

    57. Ri-+t "!# li"2ilitie % t."!e.ee % .i-+t % %$$/0"!$

    58. S/29letti!-

    89A: T."!e. % .i-+t % %$$/0"!$ /!#e. "! e$ti%! % t+e A$t 2 e$+"!-e

    %uccession

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    59. S/$$ei%! t% .i-+t % %$$/0"!$

    &rregular transfers

    60. I..e-/l". t."!e. % .i-+t % %$$/0"!$

    CHAPTER V9A

    %uccession to non-occupancy tenancies

    4=9A: S/$$ei%! t% !%!9%$$/0"!$ te!"!$ie

    CHAPTER VI

    IMPROVEMENTS AN' COMPENSATION

    &mprovements by landlords

    61. I&0.%e&e!t 2 l"!#l%.# %! te!"!$ie % %$$/0"!$ te!"!t

    62. E!+"!$e&e!t % .e!t i! $%!i#e."ti%! % "! i&0.%e&e!t &"#e 2 " l"!#l%.# %! t+ete!"!$ % "! %$$/0"!$ te!"!t

    &mprovements by tenants

    63. Title % %$$/0"!$ te!"!t t% &"5e i&0.%e&e!t

    64. Title % te!"!t !%t +"i!- .i-+t % %$$/0"!$ t% &"5e i&0.%e&e!t

    65. I&0.%e&e!t &"#e 2e%.e $%&&e!$e&e!t % t+i A$t

    66. I&0.%e&e!t 2e-/! i! "!ti$i0"ti%! % e3e$t&e!t

    67. Te!#e. % le"e %. te!t e". t% te!"!t t% 2e " 2". t% .i-+t t% $%&0e!"ti%!

    68. Li"2ilit t% 0" $%&0e!"ti%! %. i&0.%e&e!t t% te!"!t %! e3e$t&e!t %. %!e!+"!$e&e!t % +i .e!t

    Compensation for disturbance of clearing tenants

    69. C%&0e!"ti%! %. #it/.2"!$e % $le".i!- te!"!t

    Procedure in determining compensation

    70. 'ete.&i!"ti%! % $%&0e!"ti%! 2 Ree!/e C%/.t

    71. 'ete.&i!"ti%! % $%&0e!"ti%! 2 Ree!/e9%i$e.

    72. M"tte. t% 2e .e-".#e# i! "e&e!t % $%&0e!"ti%! %. i&0.%e&e!t

    73. F%.& % $%&0e!"ti%!

    Relief in case of ejectment before determination of compensation

    74. Relie i! $"e % e3e$t&e!t 2e%.e #ete.&i!"ti%! % $%&0e!"ti%!

    CHAPTER VII

    JURIS'ICTION AN' PROCE'URE

    'urisdiction

    75. Ree!/e9%i$e.

    76. A00li$"ti%! "!# 0.%$ee#i!- $%-!i?"2le 2 Ree!/e9%i$e.

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    77. Ree!/e C%/.t "!# /it $%-!i?"2le 2 t+e&

    P.%$e#/.e +e.e .ee!/e &"tte. i ."ie# i! " Ciil C%/.t

    Administrative control

    78. S/0e.i!te!#e!$e "!# $%!t.%l % Ree!/e9%i$e. "!# Ree!/e C%/.t

    79. P%e. t% #it.i2/te 2/i!e "!# it+#." "!# t."!e. $"e

    Appeal( Revie$ and Revision

    80. A00e"l

    81. Li&it"ti%! %. "00e"l

    82. Reie 2 Ree!/e9%i$e.

    83. C%&0/t"ti%! % 0e.i%# li&ite# %. "00e"l "!# "00li$"ti%! %. .eie

    84. P%e. t% $"ll %., e"&i!e "!# .eie 0.%$ee#i!- % Ree!/e9%i$e. "!# Ree!/eC%/.t

    Procedure

    85. P.%$e#/.e % Ree!/e9%i$e.

    86. Pe.%! 2 +%& "00e"."!$e &" 2e &"#e 2e%.e Ree!/e9%i$e. " /$+ "!#!%t " Ree!/e C%/.t

    87. C%t

    88. P.%$e#/.e % Ree!/e C%/.t

    89. P%e. % Ree!/e9%i$e. %. Ree!/e C%/.t t% /&&%! 0e.%!

    90. M%#e % e.i$e % /&&%!

    91. M%#e % e.i$e % !%ti$e, %. %.#e. %. 0.%$l"&"ti%! %. $%0 t+e.e%

    92. A##iti%!"l &%#e % 0/2li+i!- 0.%$l"&"ti%!

    93. J%i!#e. % te!"!t " 0".tie t% 0.%$ee#i!- .el"ti!- t% .e!t

    94. E$e0ti%! % /it /!#e. t+i A$t .%& %0e."ti%! % $e.t"i! e!"$t&e!t

    95. P"&e!t i!t% C%/.t % &%!e "#&itte# t% 2e #/e t% " t+i.# 0e.%!

    96. Ee$/ti%! % #e$.ee %. "..e". % .e!t

    97. P.%+i2iti%! % i&0.i%!&e!t % te!"!t i! ee$/ti%! % #e$.ee %. "..e". % .e!t

    98. P%e. t% .ee. 0".t t% Ciil C%/.t

    99. P%e. t% .ee. t% Hi-+ C%/.t 6/eti%! " t% 3/.i#i$ti%!

    100. P%e. % Hi-+ C%/.t t% "li#"te 0.%$ee#i!- +el# /!#e. &it"5e " t% 3/.i#i$ti%!

    )iscellaneous

    101. Pl"$e % itti!-

    102. H%li#"

    103. 'i$+".-e % #/tie % C%lle$t%. #i!- %. 2ei!- #i"2le#

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    104. Rete!ti%! % 0%e. 2 Ree!/e9%i$e. %! t."!e.

    105. C%!e.&e!t % 0%e. % Ree!/e9%i$e. %. Ree!/e C%/.t

    106. P%e. % B%".# % Ree!/e t% &"5e ./le

    107. R/le t% 2e &"#e "te. 0.ei%/ 0/2li$"ti%!

    108. P%e. ee.$i"2le 2 B%".# % Ree!/e .%& ti&e t% ti&e

    CHAPTER VIII

    EFFECT OF THIS ACT ON RECOR'S9OF9RI*HTS AN' A*REEMENTS

    109. N/llit % $e.t"i! e!t.ie i! .e$%.#9%9.i-+t

    110. N/llit % $e.t"i! "-.ee&e!t $%!t.". t% t+e A$t

    111. S"i!- % %t+e. "-.ee&e!t +e! i! .iti!-

    112. Ee$t % $e.t"i! e!t.ie &"#e i! .e$%.#9%9.i-+t 2e%.e N%e&2e., 1871

    113. N%t+i!- 2/t .e!t %. ee# /00lie# .e$%e."2le

    114. Eti!$ti%! % %$$/0"!$ te!"!$ie

    11@9A: Eti!$ti%! % M/6"..".i#".i .i-+t

    11@9B: Re&%"l % #%/2t

    115. Li&it % +%l#i!- %. 0e.%!"l $/lti"ti%!

    116. Oe!$e

    THE SCHE'ULE (REPEAL')

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    TEXT

    1THE PUNJAB TENANCY ACT, 1887

    (XVI % 1887)

    [23rdSeptember, 1887]

    A!

    A$t

    to amend the law relating to the tenancy of land in the Punjab

    HEREASit is expedient to amend the law relating to the tenancy of land in the Punjab;

    It is hereby enacted as follows:

    CHAPTER 1

    PRELIMINARY

    1: Title, ete!t "!# $%&&e!$e&e!t:(1) his !ct may be called the Punjab enancy !ct"1##$%

    &'(&) It extends to the whole of the Punjab%

    () It shall come into force on such day as the 'Pro*incial +o*ernment may" bynotification" appoint in this behalf%

    ,';: Power to ma!e rule" in anticipation of commencement#- - - - - - - - - - - - - - -

    .': $epeal# % % % % % %% %% %% %% % % % % % % % % % % %

    @: 'ei!iti%!:DIn this !ct" unless there is something repugnant in the subject or context"D

    (1) /land0 means land which is not occupied as the site of any building in a town or *illageand is occupied or has been let for agricultural purposes or for purposes subser*ient toagriculture or for pasture" and includes the sites of buildings and other structures on suchland:

    '(12!) /+o*ernment0 shall" unless the context otherwise pro*ides" mean the Pro*incial+o*ernment $':

    #

    '(123) /4ommissioner0 means a 4ommissioner of a 5i*ision appointed under the Punjab6and 7e*enue !ct" 18$ (9II of 18$) and includes an !dditional 4ommissioner:

    (&) /pay0" with its grammatical *ariations and cognate expressions" includes" when usedwith reference to rent" /deli*er0 and /render0" with their grammatical *ariations andcognate expressions:

    () /rent0 means whate*er is payable to a landlord in money" ind or ser*ice by a tenanton account of the use or occupation of land held by him; 8'but it shall not include anycess" *illage cess or other contribution or due or any free personal ser*ice:

    1bjects and 7easons" see Punjab +a?ette" 1##" Part " pages ,,82,..% his !ct recei*ed the assent of the +o*ernor +eneral

    on the &rd=eptember" 1##$ and was published in the Punjab +a?ette" 1##$" Part I" pages ,828%

    2=ubstituted by the Punjab 6aws (!daption" 7e*ision and 7epeal) !ct" 18., (9 of 18..)" w%e%f%&1%1%18.." s%& and first schedule; and published

    in the Punjab +a?ette (@xtraordinary)" pages #$21A#%

    3=ubstituted for /6ocal +o*ernment0 by the +o*ernment of India (!daptation of Indian 6aws) >rder" 18$" w%e%f% 1%,%18$" !rticle , and able of+eneral !daptations as amended by the +o*ernment of India (!daptation of Indian 6aws) =upplementary >rder" 18$%

    47epealed by the !mending !ct" 1#81 (9II of 1#81)" section & (1) and

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    (,) /arrear of rent0 means rent which remains unpaid after the date on which it becomespayable:

    (.) /tenant0 means a person who holds land under another person" and is or but for aspecial contract would be" liable to pay rent for that land to that other person; but itdoes not includeD

    1A'(a) - - - - - - - - - - -

    (b) a mortgagee of the rights of a land2owner" or

    (c) a person to whom a holding has been transferred" or an estate or holding hasbeen let in farm" under the Punjab 6and 7e*enue !ct" 11'18$" for thereco*ery of an arrear of land2re*enue or of a sum reco*erable as such anarrear" or

    (d) a person who taes from the 1&'+o*ernment a lease of unoccupied land forthe purpose of sub2letting it:

    () /landlord0 means a person under whom a tenant holds land" and to whom the tenant

    is or but for a special contract would be" liable to pay rent for that land:

    ($) /tenant0 and /landlord0 include the predecessors and successors2in2interest of atenant and landlord" respecti*ely:

    (#) /tenancy0 means a parcel of land held by a tenant of a landlord under one lease orone set of conditions:

    (8) /estate0" /land2owner0 and /holding0 ha*e the meanings respecti*ely assigned to thosewords in the Punjab 6and2re*enue !ct"1'18$:

    (1A) /land2re*enue0 means land2re*enue assessed under any law for the time being inforce or assessable under the Punjab 6and 7e*enue !ct" 1,'18$" and includesD

    (a) any rate imposed in respect of the increased *alue of land due to irrigation;and

    (b) any sum payable in respect of land" by way of Euit2rent or of commutation forser*ice" to the 1.'+o*ernment or to a person to whom the 1'+o*ernment hasassigned the right to recei*e the payment:

    (11) /rates and cesses0 means rates and cesses which are primarily payable by land2owners" and includesD

    1$'(a) - - - - - - - - - - -

    (b) the local rate" if any" payable under the 1#'Punjab 6ocal +o*ernment

    >rdinance" &AA1;

    (c) any annual rate chargeable on owners of lands under section .8 of the 18'- -- 4anal and 5rainage !ct" 1#$;

    10>mitted by the Punjab enancy (!mendment) >rdinance" &AA1 (6I of &AA1)" w%e%f%1,%#%&AA1" s%&; and published in the Punjab +a?ette

    (@xtraordinary)" dated &&%1&%&AA1" pages &12&1.; which was protected and continued in force under the Pro*isional 4onstitutional >rder"1888 (4hief @xecuti*eFs >rder Go%1 of 1888) as amended by the Pro*isional 4onstitution (!mendment) >rder" 1888 (4hief @xecuti*eFs >rder Go%8 of 1888) and !rticle &$A!! of the 4onstitution of the Islamic 7epublic of Paistan" as substituted by the 4onstitution (@ighteenth !mendment)!ct" &A1A%)

    11=ubstituted for the figure /1##$0 by the Punjab enancy (!mendment) >rdinance" &AA1 (6I of &AA1)" w%e%f%1,%#%&AA1" s%&; and published in

    the Punjab +a?ette (@xtraordinary)" dated &&%1&%&AA1"pages &12&1.%

    12=ubstituted for /the 4rown0 by the Best Paistan 6aws (!daption) >rder" 18," (P%>% Go% 1 of 18,)" w%e%f% #%%18&" s%& and =chedule; andpublished in the +a?ette of Best Paistan (@xtraordinary) dated %%18," pages 1#A.21#,8%

    13=ubstituted for the figure /1##$0 by the Punjab enancy (!mendment) >rdinance" &AA1 (6I of &AA1)" w%e%f%1,%#%&AA1" s%&; and published in the

    Punjab +a?ette (@xtraordinary)" dated &&%1&%&AA1" pages &12&1.%

    14=ubstituted for the figure /1##$0 by the Punjab enancy (!mendment) >rdinance" &AA1 (6I of &AA1)" w%e%f%1,%#%&AA1" s%&; and published in the

    Punjab +a?ette (@xtraordinary)" dated &&%1&%&AA1" pages &12&1.%

    15 =ubstituted for /the 4rown0 by the Best Paistan 6aws (!daption) >rder" 18," (P%>% Go% 1 of 18,)" w%e%f% #%%18&" s%& and =chedule; andpublished in the +a?ette of Best Paistan (@xtraordinary) dated %%18," pages 1#A.21#,8%

    16 =ubstituted for /the 4rown0 by the Best Paistan 6aws (!daption) >rder" 18," (P%>% Go% 1 of 18,)" w%e%f% #%%18&" s%& and =chedule; andpublished in the +a?ette of Best Paistan (@xtraordinary) dated %%18," pages 1#A.21#,8%

    17 5eleted by the !mending !ct" 1#81 (9II of 1#81) by the !mending !ct" 1#81 (9II of 1#81); and published in the +a?ette of India" dated&1%%1#81%

    18=ubstituted for /Punjab 5istrict 3oards !ct" 1##" and any" fee le*iable under section of that !ct from land2owners for the use of" or benefits

    deri*ed from such wors as are referred to in section &A" clauses (i) and (j) of that !ct0 by the Punjab enancy (!mendment) >rdinance" &AA1 (6Iof &AA1)" w%e%f%1,%#%&AA1" s%&; and published in the Punjab +a?ette (@xtraordinary)" dated &&%1&%&AA1" pages &12&1.%

    19 >mittedthe words /Gorthern India0 by the Punjab enancy (!mendment) >rdinance" &AA1 (6I of &AA1)" w%e%f%1,%#%&AA1" s%&; and published in

    the Punjab +a?ette (@xtraordinary)" dated &&%1&%&AA1" pages &12&1.%

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    (d) the &A'- - - *illage2officerFs cesses; and

    (e) sums payable on account of *illage2expenses:

    &1'(1&) /*illage2cess0 means any cess" contribution or due which is customarily le*iable" fromland2owners and non2land2owners alie" within an estate for the common purposes of the

    inhabitants thereof" and is neither a payment for the use of any pri*ate property or forpersonal ser*ice" nor imposed by or under any enactment for the time being in force" anddoes not mean any cess" contribution or due le*iable" for the benefit of any indi*idualresidents or class of residents in the estate" or in relation to any property which is notmeant for the common use of all the residents:

    *xplanation&If any Euestion arises whether any cess" contribution or due is or is not a *illagecess" the decision of the &&'3oard of 7e*enue shall be conclusi*e and shall not be liable to beEuestioned in any 4ourt:

    (1) /*illage2>fficer0 means a chief headman" headman or Patwari:

    (1,) /7e*enue2>fficer0 or /7e*enue 4ourt0" in any pro*ision of this !ct" means a 7e*enue2

    >fficer or 7e*enue 4ourt ha*ing authority under this !ct to discharge the functions of a7e*enue2>fficer or 7e*enue 4ourt" as the case may be" under that pro*ision:

    (1.) /jagirdar0 includes any person" other than a *illage ser*ant" to whom the land2re*enue of any land has been assigned in whole or in part &'by +o*ernment or by&,'a ser*ant of the =tate:

    (1) /legal practitioner0 means any legal practitioner within the meaning of the 6egalPractitioners !ct" 1#$8" except a muhtar:

    (1$) /agricultural year0 means the year commencing on the sixteenth day of Hune" or onsuch other date as the &.'Pro*incial +o*ernment may" by notification appoint for anylocal area:

    (1#) /notification0 means a notification published by authority of the &'Pro*incial +o*ernment &$'or 3oard of 7e*enue in the >fficial +a?ette:

    (18) /impro*ement0 means with reference to a tenancy" any wor which is suitable to thetenancy and consistent with the conditions on which it is held" by which the *alue ofthe tenancy has been and continues to be increased" and which" if not executed onthe tenancy" is either executed directly for its benefit" or is" after execution madedirectly beneficial to it:

    *xplanation &&It includes" among other thingsD

    (a) the construction of wells and other wors for the storage or supply of waterfor agricultural purposes;

    (b) the construction of wors for drainage and for protection against floods;

    (c) the planting of trees" the reclaiming" enclosing" le*elling and terracing of landfor agricultural purposes and other wors of a lie nature;

    20 >mitted the words /?aildari and0 by the Punjab enancy (!mendment) >rdinance" &AA1 (6I of &AA1)" w%e%f%1,%#%&AA1" s%&; and published in

    the Punjab +a?ette (@xtraordinary)" dated &&%1&%&AA1" pages &12&1.%

    21=ubstituted by the Punjab enancy (!mendment) !ct" 18.A (9II of 18.A)" s%&; and published in the Punjab +a?ette (@xtraordinary)" dated1%%18.1" pages 11$211#%

    22=ubstituted for /Pro*incial +o*ernment0 by the Best Paistan (!daptation and 7epeal of 6aws) !ct" 18.$ (9I of 18.$)" w%e%f% 1,%1A%18.." s%and schedule III; and published in the +a?ette of Best Paistan (@xtraordinary)" pages $A82 $#8%

    23=ubstituted for /by the 4rown0 by the Best Paistan 6aws (!daption) >rder" 18," (P%>% Go% 1 of 18,)" w%e%f% #%%18&" s%& and =chedule; andpublished in the +a?ette of Best Paistan (@xtraordinary) dated %%18," pages 1#A.21#,8%

    24=ubstituted for /an officer of the 4rown0 by the Best Paistan 6aws (!daption) >rder" 18," (P%>% Go% 1 of 18,)" w%e%f% #%%18&" s%& and=chedule; and published in the +a?ette of Best Paistan (@xtraordinary) dated %%18," pages 1#A.21#,8%

    25=ubstituted for /6ocal +o*ernment0 by the +o*ernment of India (!daptation of Indian 6aws) >rder" 18$" w%e%f% 1%,%18$" !rticle , and able of+eneral !daptations as amended by the +o*ernment of India (!daptation of Indian 6aws) =upplementary >rder" 18$%

    26 =ubstituted for /6ocal +o*ernment0 by the +o*ernment of India (!daptation of Indian 6aws) >rder" 18$" w%e%f% 1%,%18$" !rticle , and ableof +eneral !daptations as amended by the +o*ernment of India (!daptation of Indian 6aws) =upplementary >rder" 18$%

    27Inserted by the Best Paistan (!daptation and 7epeal of 6aws) !ct" 18.$ (9I of 18.$)" w%e%f% 1,%1A%18.." s% and schedule III; and published

    in the +a?ette of Best Paistan (@xtraordinary)" pages $A82$#8%

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    (d) the erection of buildings reEuired for the more con*enient or profitableculti*ation of a tenancy; and

    (e) the renewal or reconstruction of any of the foregoing wors" or suchalterations therein" or additions thereto" as are not of the nature of mererepairs and as durably increase their *alue;

    3ut it does not include such clearances" embanments" le*elling" enclosures" temporarywells and water channels as are made by tenants in the ordinary course of culti*ation and withoutany special expenditure" or any other benefit accruing to land from the ordinary operations ofhusbandry;

    *xplanation &&&! wor which benefits se*eral tenancies may be deemed to be" withrespect to each of them" an impro*ement;

    *xplanation &&&&! wor executed by a tenant is not an impro*ement if it substantiallydiminishes the *alue of any other part of his landlordFs property; and

    '(&A) /CuEarraridar0 means any person who holds land in

    &8

    'the !ttoc and 7awalpindi 5istrictsand who" on the date of the commencement of the Punjab enancy (!mendment) !ct"18&." was recorded in the re*enue records as muEarraridar in respect of such land or

    who" after the said date" was so recorded with his consent and the consent of theproprietor of such land and includes the successors2in2interest of a muEarraridar%

    CHAPTER II

    RI*HT OF OCCUPANCY

    : Te!"!t +"i!- .i-+t % %$$/0"!$:(1) ! tenantD

    (a) who at the commencement of this !ct has" for more than two generations in themale line of descent through a grandfather or grand uncle and for a period of notless than twenty years" been occupying land paying no rent therefor beyond theamount of the land2re*enue thereof and the rates and cesses for the time beingchargeable thereon" or

    (b) who ha*ing owned land" and ha*ing ceased to be land2owner thereof otherwise thanby forfeiture to the +o*ernment or than by any *oluntary act" has" since he ceasedto be land2owner" continuously occupied the land" or

    (c) who" in a *illage or estate in which he settled alongwith" or was settled by" thefounder thereof as a culti*ator therein" occupied land on the twenty2first day of>ctober" 1##" and has continuously occupied the land since that date" or

    (d) who" being jagirdar of the estate or any part of the estate in which the land occupiedby him is situate" has continuously occupied the land for not less than twenty years"or ha*ing been such jagirdar" occupied the land while he was jagirdar and hascontinuously occupied it for not less than twenty years" has a right of occupancy inthe land so occupied" unless" in the case of a tenant belonging to the class specifiedin clause (c)" the landlord pro*es that the tenant was settled on land pre*iouslycleared and brought under culti*ation by" or at the expense of" the founder%

    (&) If a tenant pro*es that he has continuously occupied land for thirty years and paid norent therefor beyond the amount of the land2re*enue thereof and the rates and cesses for the timebeing chargeable thereon" it may be presumed that he has fulfilled the conditions of clause (a) of

    sub2section (1)%

    () he words in that clause denoting natural relationship denote also relationship byadoption" including therein the customary appointment of an heir and relationship" by the usage of areligious community%

    28 Inserted by the Punjab enancy (!mendment) !ct" 18&. (9I of 18&.)" s%&; and published in the Punjab +a?ette (@xtraordinary)" dated&&%%18&%

    29=ubstituted for /!ttoc 5istrict0 by the Punjab enancy (7emo*al of 5oubts and !mendment) !ct" 18$. (999III of 18$.)" w%e%f% &%1&%18$,"

    s%&; and published in the Punjab +a?ette (@xtraordinary)" dated &.%%18$." pages 8,&2 to 8,&23333%

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    4: Ri-+t % %$$/0"!$ % %t+e. te!"!t .e$%.#e# " +"i!- t+e .i-+t 2e%.e 0"i!- %P/!3"2 Te!"!$ A$t, 1848:! tenant recorded in a record2of2rights sanctioned by the A'Pro*incial+o*ernment" before the twenty2first day of >ctober" 1##" as a tenant ha*ing a right of occupancy inland which he has continuously occupied from the time of the preparation of that record" shall bedeemed to ha*e a right of occupancy in that land unless the contrary has been established by a

    decree of a competent 4ourt in a suit instituted before the passing of this !ct%

    7: Ri-+t % %$$/0"!$ i! l"!# t"5e! i! e$+"!-e: If the tenant has *oluntarily exchangedthe land" or any portion of the land" for merely occupied by him for other land belonging to thesame landlord" the land taen in exchange shall be held to be subject to the same right ofoccupancy as that to which the land gi*en in exchange would ha*e been subject if the exchangehad not taen place%

    8: Et"2li+&e!t % .i-+t % %$$/0"!$ %! -.%/!# %t+e. t+"! t+%e e0.el t"te# i!A$t:Gothing in the foregoing sections of this 4hapter shall preclude any person from establishing aright of occupancy on any ground other than the grounds specified in those sections%

    >: Ri-+t % %$$/0"!$ !%t t% 2e "$6/i.e# 2 &e.e l"0e % ti&e:Go tenant shallacEuire a right of occupancy by mere lapse of time%

    1=: Ri-+t % %$$/0"!$ !%t t% 2e "$6/i.e# 2 3%i!t %!e. i! l"!# +el# i! 3%i!t %!e.+i0:In the absence of a custom to the contrary" no one of se*eral joint owners of land shall acEuirea right of occupancy under this 4hapter in land jointly owned by them%

    11: C%!ti!/"!$e % eiti!- %$$/0"!$ .i-+t:Gotwithstanding anything in the foregoingsections of this 4hapter" a tenant who immediately before the commencement of this !ct has aright of occupancy in any land under an enactment specified in any line of the first column of thefollowing table shall" when this !ct comes into force" be held to ha*e" for all the purposes of this

    !ct" a right of occupancy in that land under the enactment specified in the same line of the secondcolumn of the table:2

    PUNJAB TENANCY ACT,1848

    THIS ACT

    rder" 18$" w%e%f% 1%,%18$" !rticle , and ableof +eneral !daptations as amended by the +o*ernment of India (!daptation of Indian 6aws) =upplementary >rder" 18$%

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    (a) the tenant shall be entitled to the exclusi*e possession of the whole produce until itis di*ided;

    (b) the landlord shall be entitled to be present at" and tae part in" the di*ision of theproduce; and

    (c) when the produce has been di*ided" the landlord shall be entitled to the possessionof his share thereof%

    1: C%&&/t"ti%! "!# "lte."ti%! % .e!t:(1) Bhere rent is taen by any of the followingmethods" namely:2

    (a) by di*ision or appraisement of the produce"

    (b) by rates fixed with reference to the nature of the crops grown"

    (c) by a rate on a recognised measure of area"

    (d) by a rent in gross on the tenancy" or

    (e) partly by one of the methods specified in clauses (a)" (b) and (c) of this sub2sectionand partly by another or others of them" one of those methods shall not becommuted in whole or in part into another without the consent of both landlord andtenant%

    (&) In the absence of a contract or a decree or order of competent authority to thecontrary" a tenant whose rent is taen by any of the methods specified in clauses (a)" (b) and (c)of sub2section (1)" or by the methods specified in clause (d) of that sub2section" shall not be liableto pay for a tenancy rent at any higher amount" as the case may be" than the rate or amountpayable in respect of the tenancy for the preceding agricultural year%

    1@: P"&e!t %. l"!# %$$/0ie# it+%/t $%!e!t % l"!#l%.#:!ny person in possession

    of land occupied without the consent of the landlord shall be liable to pay for the use oroccupation of that land at the rate of rent payable in the preceding agricultural year" or" if rent wasnot payable in that year" at such rate as the 4ourt may determine to be fair and eEuitable%

    1: C%lle$ti%! % .e!t % /!#ii#e# 0.%0e.t:Bhen two or more persons are landlords ofa tenant in respect of the same tenancy" the tenant shall not be bound to pay part of the rent ofhis tenancy to one of those persons and part to another%

    1'19A: Ri-+t "!# li"2ilitie .e-".#i!- .e!t "!# -%e.!&e!t #/e:=ubject to the pro*isions ofparagraph &. of the 6and 7eforms 7egulation &'18$&" the landlord and the tenant shall share theproduce in the same ratio in which they used to share it on the &Ath day of 5ecember" 18$1%

    Produce'rent"

    14: P.e/&0ti%! it+ .e0e$t t% 0.%#/$e .e&%e# 2e%.e #iii%! %. "00."ie&e!t:Bhere rent is taen by di*ision or appraisement of the produce" if the tenant remo*es any portion ofthe produce at such a time or in such a manner as to pre*ent the due di*ision or appraisementthereof" or deals therewith in a manner contrary to established usage" the produce may be deemedto ha*e been as the fullest crop of the same description on similar land in the neighbourhood forthat har*est%

    17: A00%i!t&e!t % .ee.ee %. #iii%! %. "00."ie&e!t:If either the landlord or the tenantneglects to attend" either personally" or by agent" at the proper time for maing the di*ision orappraisement of the produce" or if there is a dispute about the di*ision or appraisement" a re*enue2officer may" on the application of either party" appoint such person as he thins fit to be a referee todi*ide or appraise the produce%

    18: A00%i!t&e!t % "e%. "!# 0.%$e#/.e % .ee.ee: (1) Bhen a 7e*enue2>fficerappoints referee under the last foregoing section" he may" in his discretion" gi*e him instructions

    with respect to the association with himself of any other persons as assessors" the number"

    31 =ubstituted by the Punjab enancy (!mendment) !ct" 18$. (999I9 of 18$.)" w%e%f%&.%%18$." s%&; and published in the Punjab +a?ette(@xtraordinary)" which had earlier been added by the Punjab enancy (!mendment) !ct" 18.& (II of 18.&)" w%e%f%,%&%18.&" s%&; and published inthe Punjab +a?ette (@xtraordinary)" pages #.28&%

    32=ubstituted for the figure /11.0 by the Punjab enancy (!mendment) >rdinance" &AA1 (6I of &AA1)" w%e%f%1,%#%&AA1" s%; and published in the

    Punjab +a?ette (@xtraordinary)" dated &&%1&%&AA1" pages &12&1.%

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    Eualifications and selection of those assessors and the procedure to be followed in maing thedi*ision or appraisement%

    (&) he referee so appointed shall mae the di*ision or appraisement in accordance withany instructions which he may ha*e recei*ed from the 7e*enue2officer under the last foregoing sub2section%

    () 3efore maing the di*ision or appraisement" the referee shall gi*e notice to thelandlord and the tenant of the time and place at which the di*ision or appraisement will be made"but if either the landlord or the tenant fails to attend either personally or by agent" the referee mayproceed e( parte

    (,) : P.%$e#/.e "te. #iii%! %. "00."ie&e!t: (1) he result of the di*ision orappraisement shall be recorded and signed by the referee" and the record shall be submitted tothe 7e*enue2>fficer%

    (&) he 7e*enue2>fficer shall consider the record" and" after such further inEuiry" if any"as he may deem necessary" shall mae an order either confirming or *arying the di*ision orappraisement%

    () he 7e*enue2>fficer shall also mae such order as to the costs of the reference ashe thins fit%

    (,) he costs may include the remuneration of the referee and of the assessors" if any"and may be le*ied from the applicant before the appointment of the referee subject to adjustmentat the close of the proceedings%

    ;=: E!+"!$e&e!t % 0.%#/$e .e!t % %$$/0"!$ te!"!t:Bhere the rent of a tenant

    ha*ing a right of occupancy in any land is a share of the produce" or of the appraised *aluethereof" with or without an addition in money" or is paid according to rates fixed with reference tothe nature of the crops grown" or is a rent in gross payable in ind" the tenant shall be entitled tooccupy the land at that rent:

    Pro*ided that" when the land or any part thereof pre*iously not irrigated or flooded becomesirrigated or flooded" the rent in respect of the land or part may" subject to the pro*isions of this !ct" beenhanced to the share or rates" or with reference to the rent in gross" as the case may be" paid bytenants" ha*ing a similar right of occupancy" for irrigated or flooded land of a similar description and

    with similar ad*antages%

    ;1: Re#/$ti%! % .e!t .ee..e# t% i! t+e l"t %.e-%i!- e$ti%!:Bhen the land" or any

    part of the land" held by a tenant ha*ing a right of occupancy to whom the last foregoing sectionapplies ceases to be irrigated or flooded" the rent payable in respect of the land or part may bereduced to the share or rates" or with reference to the rent in gross" as the case may be" paid bytenants" ha*ing a similar right of occupancy" for unirrigated or unflooded land of similar descriptionand with similar ad*antages%

    )a"h'rent" paid by tenant" ha*ing right of occupancy

    ;;: E!+"!$e&e!t % $"+9.e!t % %$$/0"!$ te!"!t:(1) Bhere a tenant ha*ing a right ofoccupancy pays his rent entirely by a cash2rate on a recogni?ed measure of area or by a cash rent ingross on his tenancy" the rent may be enhanced on the ground that after deduction therefrom of theland2re*enue of" and the rates and cesses chargeable on the tenancy" it isD

    (a) if the tenant belongs to the class specified in clause (a) of sub2section (1) of section." less than two annas per rupee of the amount of the land2re*enue;

    (b) if he belongs to any of the classes specified in clauses (b)" (c) and (d) of that sub2section" less than six annas per rupee of the amount of the land2re*enue;

    (c) if he belongs to the class specified in section " or if his right of occupancy isestablished under section # and his rent is not regulated by contract" less thantwel*e annas per rupee of the amount of the land2re*enue%

    (&) In a case to which sub2section (1) applies" the rent may be enhanced to an amountnot exceeding two" six or twel*e annas per rupee of the amount of the land2re*enue" as the case

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    may be" in addition to the amount of the land2re*enue of the tenancy and the rates and cesseschargeable thereon%

    '() rdinance" &AA1 (6I of &AA1)" w%e%f%1,%#%&AA1" s%,; and published in the

    Punjab +a?ette (@xtraordinary)" dated &&%1&%&AA1" pages &12&1.%

    36=ubstituted for the figure /1##$0 by the Punjab enancy (!mendment) >rdinance" &AA1 (6I of &AA1)" w%e%f%1,%#%&AA1" s%.; and published in

    the Punjab +a?ette (@xtraordinary)" dated &&%1&%&AA1" pages &12&1.%%

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    the land2re*enue payable in respect of the se*eral holdings comprised in the estate in which thetenancy is situate shall determine also the amount of the land2re*enue of the tenancy" or theproportionate share thereof" payable by the tenant as rent%

    (&) Bhere an addition referred to in sub2section (1) is a percentage fixed with reference to theland2re*enue of the tenancy" or the whole or a share of the rates and cesses chargeable thereon" or both"

    the 7e*enue2>fficer shall in lie manner from time to time alter the amount of the addition in proportionto any alteration of such land2re*enue or rates and cesses%

    () he sum or sums determined under the foregoing sub2sections" together with anyaddition pre*iously payable other than the additions referred to in sub2section (&)" shall be the rentpayable in respect of the tenancy until there is again an alteration of the land2re*enue thereof orof the rates and cesses chargeable thereon or until the rent is enhanced by a suit under this !ct%

    (,) !n alteration of rent under this section shall not be deemed an enhancement orreduction of rent within the meaning of this !ct%

    $'(.) fficer ha*ing authority under section ,A'$ of the Punjab 6and27e*enue !ct",1'18$" to determine the land2re*enue payable in respect of the se*eral holdings comprisedin the estate in which the tenancy is situate" may" by written order" and whether the rent wasfixed by agreement or otherwise" and either upon the application of such tenant" or his

    landlord" or of his own motion increase or diminish such rent if wholly payable in cash" orsuch portion thereof as is payable in cash" to such extent as appears to the 7e*enue2>fficerto be proper ha*ing regard to the matters specified in sub2section (&)%

    (&) In increasing or diminishing the rent of a tenancy under the pro*isions of sub2section(1) the 7e*enue2>fficer shall" for the purpose of deciding the extent of such increase ordiminution" tae into consideration onlyD

    (i) the land2re*enue of and the rates and cesses chargeable on the tenancy before theland2re*enue of the holding in which it is situated was altered;

    (ii) the land2re*enue of and the rates and cesses chargeable on the tenancy after suchalteration; and

    (iii) the methods by which the assessments of the land2re*enue in force before and aftersuch alteration were calculated and distributed o*er the se*eral holdings comprisedin the estate in which the tenancy is situated%

    () he rent determined as aforesaid shall be the rent payable in respect of the tenancyuntil there is again an alteration of the land2re*enue thereof or of the rates or cesses chargeablethereon" or until the rent is enhanced or reduced by a suit under this !ct%

    (,) rdinance" &AA1 (6I of &AA1)" w%e%f%1,%#%&AA1" s%.; and published in the

    Punjab +a?ette (@xtraordinary)" dated &&%1&%&AA1" pages &12&1.%

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    lteration of rent on alteration of area

    ;8: Alte."ti%! % .e!t %! "lte."ti%! % ".e":(1) @*ery tenant shallD

    (a) be liable to pay additional rent for all land pro*ed to be in excess of the area forwhich rent has been pre*iously paid by him" unless it is pro*ed that the excess is

    due to the addition to his tenancy of land which" ha*ing pre*iously belonged to thetenancy" was lost by dilu*ion or otherwise without any reduction of the rent beingmade; and

    (b) be entitled to an abatement of rent in respect of any deficiency pro*ed to exist in thearea of his tenancy as compared with the area for which rent has been pre*iouslypaid by him" unless it is pro*ed that the deficiency is due to the loss of land which

    was added to the area of the tenancy by allu*ion or otherwise" and that an additionhas not been made to the rent in respect of the addition to the area%

    (&) In determining the area for which rent has been pre*iously paid" the 4ourt shall ha*eregard to the following" among other matters" namely:2

    (a) the origin and conditions of the tenantFs occupancy" for instance whether the rent was arent in gross or the entire tenancy;

    (b) whether the tenant has been allowed to hold additional land in consideration of anaddition to his total rent or otherwise with the nowledge and consent of thelandlord; and

    (c) the length of time during which there has been no dispute as to rent or area%

    () In adding to or abating rent under this section" the 4ourt shall add to or abate therent to such an amount as it deems to be fair and eEuitable" and shall specify in its decree thedate on and from which the addition or abatement is to tae effect%

    (,) !n addition to or abatement of rent under this section shall not be deemed anenhancement or reduction of rent within the meaning of this !ct%

    $emi""ion

    ;>: Re&ii%! % .e!t 2 C%/.t #e$.eei!- "..e".:Gotwithstanding anything in the foregoingsections of this 4hapter" if it appears to a 4ourt maing a decree for an arrear of rent that the area of atenancy has been so diminished by dilu*ion or otherwise" or that the produce thereof has been sodiminished by drought" hail" deposit of sand or other lie calamity" that the full amount of rent payable bythe tenant cannot be eEuitably decreed" the 4ourt may" with the pre*ious sanction of the 4ollector"allow such remission from the rent payable by the tenant as may appear to it to be just%

    =: Re&ii%! "!# /0e!i%! % .e!t $%!e6/e!t %! li5e t.e"t&e!t % l"!#9.ee!/e:,&'(1) Bhene*er the payment of the whole or any part of the land2re*enue payable in respect of anyland is remitted or suspended" a 7e*enue2>fficer may" if the rent be payable in cash or be rentpayable in ind of which the amount is fixed" by order" remit or suspend" as the case may be" thepayment of the rent of that land to an amount which may bear the same proportion to the whole ofthe rent payable in respect of the land as the land2re*enue of which payment has been remitted orsuspended bears to the whole land2re*enue payable in respect of land:

    Pro*ided that in the case of an occupancy tenant" whose rent is of the nature hereinbefore inthis sub2section described" the remission or suspension of the land2re*enue payable in respect of theland shall" in the absence of a written order by a 7e*enue2>fficer to the contrary carry with it aproportionate remission or suspension" as the case may be" of his rent%

    Bhen the payment of the rent of any ind has been suspended under this clause it shallremain under suspension until the 4ollector orders the re*enue of that land to be reali?ed%%

    (&) !n order passed under sub2section (1) shall not be liable to be contested by suit inany 4ourt%

    () ! suit shall not lie for the reco*ery of any rent of which the payment has beenremitted or during the period of suspension" of any rent of which the payment has beensuspended%

    42=ubstituted by the Punjab enancy !ct" 1##$" !mendment !ct" 18A (I of 18A)%

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    (,) Bhere the payment of rent has been suspended" the period during which thesuspension has continued shall be excluded in the computation of the period of limitation prescribedfor a suit for the reco*ery of the rent%

    ,'(.) If the landlord collects from a tenant any rent of which the payment has beenremitted" or is under suspension" the 7e*enue2>fficer may reco*er from the landlord the amount

    or *alue of the rent so collected" and may also reco*er by way of penalty a further sum notexceeding such amount or *alue" and may cause to be refunded to the tenant the amount or*alue of the rent so collected from him%%

    () he pro*isions of this section relating to the remission and suspension of the paymentof rent may be applied" so far as they can be made applicable" to land of which the land2re*enuehas been released" compounded for or redeemed in any case in which if the land2re*enue inrespect of the land had not been released" compounded for" or redeemed" the whole or any part ofit might" in the opinion of the 7e*enue2>fficer" be remitted or suspended under the rules for thetime being in force for regulating the remission and suspension of land2re*enue%

    ,,'($) !ny sum of which the reco*ery is ordered under sub2section (.) on account of rent

    or penalty may be reco*ered by the 4ollector as if it were an arrear of land2re*enue%%-epo"it"

    1: P%e. t% #e0%it .e!t i! $e.t"i! $"e it+ Ree!/e9%Oi$e.: In either of thefollowing cases" namely:2

    (a) when a landlord refuses to recei*e or grant a receipt for" any rent payable in moneywhen tendered to him by a tenant;

    (b) when a tenant is in doubt as to the person entitled to recei*e rent payable in money"

    the tenant may apply to a 7e*enue9Oi$e.for lea*e to deposit the rent in his office" and

    the 7e*enue9Oi$e. shall recei*e the deposit" if" after examining the applicant" he issatisfied that there is sufficient ground for the application and if the applicant pays the fee"if any" chargeable for the issue of the notice next hereinafter referred to%

    ;: Ee$t % #e0%iti!- .e!t:(1) Bhen a deposit has been so recei*ed it shall be deemedto be a payment made by the tenant to his landlord in respect of rent due%

    (&) he 7e*enue9Oi$e.recei*ing the deposit shall gi*e notice of the receipt thereof toe*ery person who" he has reason to belie*e" claims or is entitled to the deposit" and may pay theamount thereof to any person appearing to him to be entitled thereto" or may" if he thins fit" retainthe deposit pending the decision of a competent 4ourt as to the person so entitled%

    () Go suit or other proceeding shall be instituted against ,.'+o*ernment" or against anyser*ant of the =tate" in respect of anything done by a 7e*enue 9Oi$e.under this section" butnothing in this sub2section shall pre*ent any person entitled to recei*e the amount of any suchdeposit from reco*ering it from a person to whom it has paid by a 7e*enue9%Oi$e.%

    $eco*ery of rent from attached produce

    : Re$%e. % .e!t .%& "tt"$+e# 0.%#/$e:(1) If an order is made by any 4ourt for theattachment of the produce of a tenancy" or of any part of a tenancy" the landlord may apply to the7e*enue9Oi$e.by whom the attachment is to be or has been made to sell the produce and pay tohim out of the proceeds of the sale thereof the amount or *alue ofD

    (a) any rent which has fallen due to him in respect of the tenancy within the yearimmediately preceding the application" and

    (b) the rent which will be falling due after the har*esting of the produce and ischargeable against it%

    43=ubstituted ibid%

    44!dded ibid

    45=ubstituted for the words /the 4rown" or against any officer of the 4rown0 by the Best Paistan 6aws (!daption) >rder" 18," (P%>% Go% 1 of18,)" w%e%f% #%%18&" s%& and =chedule; and published in the +a?ette of Best Paistan (@xtraordinary) dated %%18," pages 1#A.21#,8%

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    (&) he 7e*enue9Oi$e.shall gi*e the person at whose instance the attachment wasmade an opportunity of showing cause why the application of the landlord should not be granted"and" if he finds the landlordFs claim to the whole or any part of the rent to be pro*ed" he shallcause the produce or such portion thereof as he may deem necessary to be sold" and shall applythe proceeds of the sale in the first instance to satisfy the claim%

    () he finding of the 7e*enue9Oi$e.under sub2section (&) shall ha*e the force of adecree in a suit between the landlord and the tenant%

    .ea"e" for period e(ceeding term of a""e""ment of land're*enue

    @: T.e"t&e!t % le"e %. 0e.i%# e$ee#i!- %. e6/"l t% te.& % "e&e!t % l"!#9.ee!/e:(1) Bhere a lease has been granted" or an agreement has been entered into" by aland2owner in respect of any land assessed to land2re*enue fixing for a period exceeding the termfor which the land2re*enue has been assessed" the rent or other sum payable in respect of theland under the lease or agreement" and that term has expired" the lease or agreement shall be*oidableD

    (a) at the option of the land2owner if the land2re*enue of the land has been enhancedand the person to whom the lease has been granted or with whom the agreementhas been entered into refuses to pay such rent or other sum" as a 7e*enue 4ourt"on the suit of the land2owner determines to be fair and eEuitable ,'or a 7e*enue9Oi$e.under the pro*isions of section &$2! has determined to be proper; and

    where the relation of landlord and tenant exists between the grantor and grantee of thelease or between the persons who entered into the agreementD

    (b) at the option of the tenant if the land2re*enue of the land has been reduced and thelandlord refuses to accept such rent as a 7e*enue 4ourt" on the suit of the tenant"

    determines to be fair and eEuitable,$

    'or a 7e*enue9Oi$e.under the pro*isions ofsection &$2! has determined to be proper%

    (&) !ny agreement relati*e to the occupation" rent" profits or produce of any land which hasbeen entered into for the term of the currency of an assessment shall" unless a contrary intentionclearly appears in the agreement or the agreement is terminated by consent of parties or course oflaw" continue in force until a re*ised assessment taes effect%

    CHAPTER IV

    RELIN

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    7: Reli!6/i+&e!t % 0".t %!l % " te!"!$:! tenant cannot" without the consent of hislandlord" relinEuish a part only of his tenancy%

    bandonment

    8: A2"!#%!&e!t % te!"!$ 2 %$$/0"!$ te!"!t: (1) If a tenant ha*ing a right of

    occupancy fails for more than one year without sufficient cause to culti*ate his tenancy" either byhimself or some other person" and to arrange for payment of the rent thereof as it falls due" the rightof occupancy shall be extinguished from the end of that year%

    ,#'(&)

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    @@: E3e$t&e!t %. "il/.e t% "ti #e$.ee %. "..e". % .e!t: (1) >n recei*ing theapplication in any such case as is mentioned in clause (a) of section ,&" the 7e*enue2>fficershall" after such inEuiry with respect to the existence of the arrear as he deems necessary" causea notice to be ser*ed on the tenant" stating the date of the decree and the amount duethereunder" and informing him that if he does not pay that amount to the 7e*enue2>fficer within

    fifteen days from receipt of the notice he will be ejected from the land%(&) If the amount is not so paid" the 7e*enue2>fficer shall" subject to the pro*isions of

    this !ct with respect to the payment of compensation" order the ejectment of the tenant unlessgood cause is shown to the contrary%

    @: E3e$t&e!t % te!"!t .%& e". t% e". 2 !%ti$e:(1) >n recei*ing the application ofthe landlord in any such case as is mentioned in clause (b) of section ,&" the 7e*enue2>fficershall" if the application is in order and not open to objection on the face of it" cause a notice ofejectment to be ser*ed on the tenant%

    (&) ! notice under sub2section (1) shall not be ser*ed after the fifteenth day ofGo*ember in any .A'agricultural year%

    () he notice shall specify the name of the landlord on whose application it is issued"and describe the land to which it relates" and shall inform the tenant that he must *acate the landbefore the first day of Cay next following" or that" if he intends to contest his liability to ejectment"he must institute a suit for this purpose in a 7e*enue 4ourt within two months from the date of theser*ice of the notice%

    (,) he notice shall also inform the tenant that if he does not intend to contest hisliability to be ejected and he has any claim for compensation on ejectment" he should within twomonths from the date of the ser*ice of the notice prefer his claim to the 7e*enue2>fficer ha*ingauthority under the next following sub2section to order his ejectment in the circumstancesdescribed in that sub2section%

    (.) If within two months from the date of the ser*ice of the notice the tenant does notinstitute a suit to contest his liability to be ejected" a 7e*enue2>fficer" on the application of thelandlord" shall" subject to the pro*isions of this !ct with respect to the payment of compensation"order the ejectment of the tenant:

    Pro*ided that the 7e*enue2>fficer shall not mae the order until he is satisfied that thenotice was duly ser*ed on the tenant%

    () If within those two months the tenant institutes a suit to contest his liability to beejected and fails in the suit" the 4ourt by which the suit is determined shall by its decree direct theejectment of the tenant%

    @4: P%e. t% &"5e ./le:he .1'3oard of 7e*enue may mae rules prescribingD

    (a) the form and language of applications and notices under the two last foregoingsections; and

    (b) the manner in which those applications and notices are to be signed and attested%

    +eneral pro*i"ion" re"pecting ejectment

    @7: Ti&e %. e3e$t&e!t:! decree or order for the ejectment of a tenant shall not beexecuted at any other time than between the first day of Cay and the fifteenth day of Hune (bothdays inclusi*e)" unless the 4ourt maing the decree or where the order is made under section ,,"the officer maing the order" otherwise directs%

    @8: Relie "-"i!t %.eit/.e:(1) If in a suit for the ejectment of a tenant on either of thegrounds mentioned in clauses (a) and (b) of section 8 or of section ,A it appears to the 4ourtthat injury caused by the act or omission on which the suit is based is capable of being remedied"or that an award of compensation will be sufficient satisfaction to the landlord therefor" the 4ourtmay" instead of maing a decree for the ejectment of the tenant" order him to remedy the injury

    50Inserted by the !mending !ct" 1#81 (9II of 1#81)"s%& and second schedule; and published in the +a?ette of India" dated &1%%1#81%

    51=ubstituted for /

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    within a period to be fixed in the order" or order him to pay into 4ourt" within such a period" suchcompensation as the 4ourt thins fit%

    (&) he 4ourt may from time to time" for special reasons" extend a period fixed by itunder sub2section (1)%

    () If within the period" or extended period" as the case may be" fixed by the 4ourt underthis section" the injury is remedied or the compensation is paid" a decree for the ejectment of thetenant shall not be made%

    @>: Ri-+t % e3e$te# te!"!t i! .e0e$t % $.%0 "!# l"!# 0.e0".e# %. %i!-:(1) Bhereat the time of the proposed ejectment of a tenant from any land" his uncut or ungathered crops arestanding on any part thereof" he shall not be ejected from that part until the crops ha*e ripened andhe has been allowed a reasonable time to har*est them%

    (&) he 4ourt or 7e*enue2>fficer decreeing or ordering the ejectment of the tenantmay" on the application of the landlord" determine any dispute arising in conseEuence of thepro*isions of sub2section (1) between the landlord and tenant or between the landlord and any

    person entitled to har*est the crops of the tenant" and may in its or his discretionD(a) direct that the tenant pay for the longer occupation of the land secured to him under

    sub2section (1) such rent as may be fair and eEuitable" or

    (b) determine the *alue of the tenantFs uncut and ungathered crops" and" on paymentthereof by the landlord to the 4ourt or 7e*enue2>fficer" forthwith eject the tenant%

    () Bhen a tenant for whose ejectment proceedings ha*e been taen has" conformablywith local usage" prepared for sowing any land comprised in his tenancy" but has not sown orplanted crops on that land" he shall be entitled to recei*e from the landlord before ejectment a faireEui*alent in money for the labour and capital expended by him in so preparing the land" and the4ourt or 7e*enue2>fficer before which or whom the proceedings are pending shall" on the

    application of the tenant" determine the sum payable to the tenant under this sub2section and stayhis ejectment until that sum has been paid to him%

    $elief for wrongful di"po""e""ion

    =: Relie % .%!-/l #i0%ei%! %. e3e$t&e!t: In either of the following cases"namely:2

    (a) if a tenant has been dispossessed without his consent of his tenancy or any partthereof otherwise than in execution of a decree or than in pursuance of an orderunder section ,, or section ,."

    (b) if a tenant who" not ha*ing instituted a suit under section ,." has been ejected from his

    tenancy or any part thereof in pursuance of an order under that section denies hisliability to be ejected"

    the tenant may" within one year from the date of his dispossession or ejectment" institute a suit forreco*ery of possession or occupancy" or for compensation" or for both%

    .&'=9A: B". t% $iil /it:Go person whose ejectment has been ordered by a 7e*enue 4ourtunder section ,." sub2section ()" or whose suit has been dismissed under section .A" mayinstitute a suit in a 4i*il 4ourt to contest his liability to ejectment" or to reco*er possession oroccupancy rights" or to reco*er compensation%%

    1: B". % .elie 2 /it /!#e. e$ti%! >, A$t I % 1877:Possession of a tenancy or of any

    land comprised in a tenancy shall not be reco*erable under section 8 of the =pecific 7elief !ct"1#$$" by a tenant dispossessed thereof%

    Power to *ary date" pre"cribed by thi" )hapter

    ;: P%e. % P.%i!$i"l *%e.!&e!t t% i #"te %. $e.t"i! 0/.0%e: (1) he.'Pro*incial +o*ernment may" for all or any of the territories under its administration" by

    52Inserted by the Punjab enancy (!mendment) !ct" 18&8 ( of 18&8)" s%&; and published in the Punjab +a?ette (@xtraordinary)" dated %8%18&8%

    53=ubstituted for /6ocal +o*ernment0 by the +o*ernment of India (!daptation of Indian 6aws) >rder" 18$" w%e%f% 1%,%18$" !rticle , and able of

    +eneral !daptations as amended by the +o*ernment of India (!daptation of Indian 6aws) =upplementary >rder" 18$%

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    notification" fix for the purposes of sections " , and ,$" or of any of those sections" any otherdates instead of those specified therein%

    (&) ! notification under this section shall not tae effect till after the expiration of sixmonths from the date of the publication thereof%

    CHAPTER V

    ALIENATION OF, AN' SUCCESSION TO, RI*HT OF OCCUPANCY

    lienation

    .,';9A: P.%ii%! % C+"0te. V !%t t% "00l t% &/6"..".i#".:he pro*isions of this4hapter shall not apply to muEarraridars%%

    : P.i"te t."!e. % .i-+t % %$$/0"!$ /!#e. e$ti%! 2 te!"!t:(1) ! tenant ha*ingright of occupancy under section . may transfer that right by sale" gift or mortgage" subject to theconditions mentioned in the section%

    (&) If he intends to transfer the right by sale" gift" mortgage by conditional sale orusufructuary mortgage" he shall cause notice of his intention to be ser*ed on his landlord througha 7e*enue2>fficer" and shall defer proceeding with the transfer for a period of one month from thedate on which the notice is ser*ed%

    () Bithin that period of one month the landlord may claim to purchase the right at such*alue as a 7e*enue2>fficer may" on application made to him in this behalf" fix%

    (,) Bhen the application to the 7e*enue2>fficer is to fix the *alue of a right ofoccupancy which is already mortgaged" he shall fix the *alue of the right as if it were notmortgaged%

    (.) he landlord shall be deemed to ha*e purchased the right if he pays the *alue to the7e*enue2>fficer within such time as that officer appoints%

    () >n the *alue being so paid" the right of occupancy shall be extinct" and the7e*enue2>fficer shall" on the application of the landlord" put the landlord in possession of thetenancy%

    ($) If the right of occupancy was already mortgaged" the tenancy shall pass to thelandlord unencumbered by the mortgage" but the mortgage2debt shall be a charge on thepurchase money%

    (#) If there is no such charge as aforesaid the 7e*enue2>fficer shall" subject to anydirections which he may recei*e from any 4ourt" pay the purchase2money to the tenant%

    (8) If there is such a charge" the 7e*enue2>fficer shall" subject as aforesaid" eitherapply in discharge of the mortgage2debt so much of the purchase2money as is reEuired for thatpurpose and pay the balance" if any" to the tenant" or retain the purchase2money pending thedecision of a 4i*il 4ourt as to the person or persons entitled thereto%

    (1A) Bhere there are se*eral landlords of a tenancy" any one of them may be deemed to bethe landlord for the purposes of this section%

    (11) Go suit or other proceeding shall be instituted against ..'+o*ernment" or against anyser*ant of the =tate" in respect of anything done by a 7e*enue2>fficer under the two last foregoingsub2sections" but nothing in this sub2section shall pre*ent any person entitled to recei*e the wholeor any part of the purchase2money from reco*ering it from a person to whom it has been paid by a

    7e*enue2>fficer%

    @: P.%$e#/.e %! %.e$l%/.e % &%.t-"-e % .i-+t % %$$/0"!$ /!#e. e$ti%! :Bhere a mortgagee of a right of occupancy under section . proposes to foreclose his mortgage"or otherwise enforce his lien on the land subject to the right" the pro*isions of the last foregoingsection shall" so far as they can be made applicable" apply as if the mortgagee were the tenant%

    54 Inserted by the Punjab enancy (!mendment) !ct" 18&. (9I of 18&.)" s%1A; and published in the Punjab +a?ette (@xtraordinary)" dated&&%%18&%

    55=ubstituted for the words /the 4rown" or against any officer of the 4rown0 by the Best Paistan 6aws (!daption) >rder" 18," (P%>% Go% 1 of

    18,)" w%e%f% #%%18&" s%& and =chedule; and published in the +a?ette of Best Paistan (@xtraordinary) dated %%18," pages 1#A.21#,8%

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    : S"le % .i-+t % %$$/0"!$ /!#e. e$ti%! i! ee$/ti%! % #e$.ee:(1) ! right ofoccupancy under section . may be sold in execution of a decree or order of a 4ourt%

    (&) 3ut notice of an intended sale of any such right shall be gi*en by the 4ourt to thelandlord" and" if at any time before the close of the day on which the sale taes place the landlordpays to the 4ourt or to the officer conducting the sale a deposit of twenty2fi*e per centum on the

    highest bid made at the sale" he shall be declared to be the purchaser instead of the person whomade that bid%

    4: T."!e. % .i-+t % %$$/0"!$ /!#e. "! %t+e. e$ti%! t+"! e$ti%! :! right ofoccupancy under any other section than section . shall not be attached or sold in execution of adecree or order of any 4ourt or" without the pre*ious consent in writing of the landlord" betransferred by pri*ate contract%

    7: Ri-+t "!# li"2ilitie % t."!e.ee % .i-+t % %$$/0"!$:Bhen a right of occupancyhas been transferred by sale" gift or usufructuary mortgage to a person other than the landlord"that person shall" in respect of the land in which the right subsists" ha*e the same rights" and be

    subject to the same liabilities as the tenant to whom before the transfer of the right had belonged"and was subject to%

    8: S/29letti!-: (1) ! tenant ha*ing a right of occupancy in land may" subject to thepro*isions of this !ct and to the conditions of any written contract between him and his landlord"sublet the land or any part thereof for any term not exceeding se*en years%

    (&) ! person to whom land is sublet by a tenant ha*ing a right of occupancy thereinshall" in respect of that land" and so far as regards the landlord" be" jointly with the tenant" subjectto all the liabilities of the tenant under this !ct%

    .'89A: T."!e. % .i-+t % %$$/0"!$ /!#e. "! e$ti%! % t+e A$t 2 e$+"!-e: (1) !ny

    tenant with a right of occupancy may" with the consent of his landlord" transfer his land to all themembers of a 4o2operati*e =ociety for the 4onsolidation of Koldings of which both he and his landlordare members and obtain from them any other land in exchange%

    (&) Gotwithstanding anything contained in this !ct or any other enactment in force" anyland obtained in exchange in pursuance of the pro*isions of sub2section (1) shall be deemed to besubject to the same right of occupancy as the land gi*en for it in exchange%%

    Succe""ion

    .$'>: S/$$ei%! t% .i-+t % %$$/0"!$: (1) Bhen a Cuslim tenant ha*ing a right ofoccupancy in any land dies" the right shall de*ol*e on his heirs in accordance with the pro*isions

    of the Cuslim Personal 6aw (=hariat):Pro*ided that when the occupancy rights are held by a female as a limited owner under

    4ustomary 6aw" succession shall open out on the termination of her limited interest to all personswho would ha*e been entitled to inherit the property at the time of the death of the last full owner hadthe Cuslim Personal 6aw (=hariat) been applicable at the time of such death" and in the e*ent of thedeath of any of such persons before the termination of the limited interest mentioned abo*e"succession shall de*ol*e on his heirs and successors existing at the time of the termination of thelimited interest of the female as if the aforesaid such person had died at the termination of the limitedinterest of the female and had been go*erned by the Cuslim Personal 6aw (=hariat):

    Pro*ided further that the share which the female limited owner would ha*e inherited hadthe Cuslim Personal 6aw (=hariat) been applicable at the time of the death of the last full ownershall de*ol*e on her if she loses her limited interest in the property on account of her marriage orremarriage and on her heirs under the Cuslim Personal 6aw (=hariat) if her limited interestterminates because of her death%

    (&) Bhen a non2Cuslim tenant ha*ing a right of occupancy dies" the right shall de*ol*eD

    (a) on his male lineal descendants" if any" in the male line of descent; and

    56 Inserted by the Punjab enancy (!mendment) !ct" 18&$ (II of 18&$)" w%e%f% 1%,%18&A" s%&; and published in the Punjab +a?ette" dated&A1%18%

    57 =ubstituted by the Punjab enancy (!mendment) !ct" 18.1 (I of 18.1)" s%&; and published in the Punjab +a?ette (@xtraordinary)" dated&%1%18.1" pages 1.21%

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    (b) failing such descendants" on his widow" if any" until she dies or remarries orabandons the land or is under the pro*isions of this !ct ejected therefrom; and

    (c) failing such descendants and widow or on his widowed mother" if any" until she diesor remarries or abandons the land or is under the pro*isions of this !ct ejectedtherefrom; and

    (d) failing such descendants and widow" or widowed mother or if the deceased tenantleft a widow or widowed mother" then when her interest terminates under clause (b)or (c) of this sub2section" on his male collateral relati*es in the male line of descentfrom the common ancestor of the deceased tenant and those relati*es:

    Pro*ided with respect to clause (b) (d) of this sub2section" that the common ancestoroccupied the land%

    0(planationD

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    mpro*ement" by landlord"

    41: I&0.%e&e!t 2 l"!#l%.# %! te!"!$ie % %$$/0"!$ te!"!t: (1) Bithout thepre*ious permission of the 4ollector" a landlord shall not mae an impro*ement on the tenancy ofa tenant ha*ing a right of occupancy%

    (&) If a landlord desires to mae such an impro*ement" he may apply to the 4ollector forpermission to mae it" and the 4ollector shall" before maing an order on the application" hear theobjection" if any" of the tenant%

    () In maing an order on an application under sub2section (&) the 4ollector shall be guidedby such rules" if any" as the 1'Pro*incial +o*ernment may &'- - - mae in this behalf%

    4;: E!+"!$e&e!t % .e!t i! $%!i#e."ti%! % "! i&0.%e&e!t &"#e 2 " l"!#l%.# %! t+ete!"!$ % "! %$$/0"!$ te!"!t:(1) Bhen a landlord has" with the permission mentioned inthe last foregoing section" made an impro*ement on the tenancy of a tenant ha*ing a right ofoccupancy" he may apply to the 4ollector for an enhancement of the rent of the tenant%

    (&) If the tenant is a tenant to whom section &A applies" the 4ollector shall enhance his rentto the share or rates" or with reference to the rent in gross" as the case may be" paid by tenants"ha*ing a similar right of occupancy" for land of a similar description and with similar ad*antages%

    () If the tenant is a tenant to whom section && applies" the 4ollector shall enhance hisrent to such amount as the tenant would be liable to pay under that section if the land2re*enue

    were reassessed%

    (,) Bhen the impro*ement ceases to exist" the 4ollector may" on the application of thetenant" reduce the tenantFs rentD

    (a) in the case of a tenant to whom sub2section (&) applies" to the share or rates" or withreference to the rent in gross" as the case may be" paid by tenants" ha*ing a similar

    right of occupancy for land of a similar description and with similar ad*antages; and(b) in the case of a tenant to whom sub2section () applies" to such an amount as the

    tenant would be liable to pay if the land2re*enue were re2assessed%

    (.) =ections &. and & shall be construed as applying to an application" under this section"and a suit shall not lie in any 4ourt for any purpose for which an application might be made under thissection%

    mpro*ement" by tenant"

    4: Title % %$$/0"!$ te!"!t t% &"5e i&0.%e&e!t: ! tenant ha*ing a right ofoccupancy is entitled to mae impro*ements on his tenancy%

    4@: Title % te!"!t !%t +"i!- .i-+t % %$$/0"!$ t% &"5e i&0.%e&e!t:(1) ! tenantnot ha*ing a right of occupancy may mae impro*ements on his tenancy with the assent of hislandlord%

    (&) If at any time the Euestion arises whether or not the landlord assented to the maingof an impro*ement by a tenant not ha*ing a right of occupancy" the assent may be inferred fromcircumstances%

    4: I&0.%e&e!t &"#e 2e%.e $%&&e!$e&e!t % t+i A$t:Impro*ements made by atenant before the commencement of this !ct shall be deemed to ha*e been made in accordance

    with this !ct" unless in the case of a tenant not ha*ing a right of occupancy it is shown that the

    impro*ement was made in contra*ention of a written agreement between him and his landlord%

    44: I&0.%e&e!t 2e-/! i! "!ti$i0"ti%! % e3e$t&e!t:! tenant ejected in execution of adecree" or in pursuance of a notice of ejectment" shall not be entitled to compensation for anyimpro*ement begun by him after the institution of the suit" or ser*ice of the notice" which resultedin his ejectment%

    61=ubstituted for /6ocal +o*ernment0 by the +o*ernment of India (!daptation of Indian 6aws) >rder" 18$" w%e%f% 1%,%18$" !rticle , and able of+eneral !daptations as amended by the +o*ernment of India (!daptation of Indian 6aws) =upplementary >rder" 18$%%

    62>mittedthe words /with the pre*ious sanction of the +o*ernor +eneral in 4ouncil0 by the 5ecentrali?ation !ct" 181, (I of 181,)" s%& and the

    =chedule; and published in the +a?ette of India" dated &,%&%181,%

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    47: Te!#e. % le"e %. te!t e". t% te!"!t t% 2e " 2". t% .i-+t t% $%&0e!"ti%!:If alandlord tenders to a tenant lease of his tenancy for a term of not less than twenty years from the dateof the tender at the rent then paid by the tenant or of such other rent as may be agreed on" the tender"if accepted by the tenant" shall bar any claim by him to compensation in respect of impro*ementpre*iously made on the tenancy%

    48: Li"2ilit t% 0" $%&0e!"ti%! %. i&0.%e&e!t t% te!"!t %! e3e$t&e!t %. %!e!+"!$e&e!t % +i .e!t:=ubject to the foregoing pro*isions of this 4hapter" a tenant whohas made an impro*ement on his tenancy in accordance with this !ct shall not be ejected" andthe rent payable by him shall not be enhanced" until he has recei*ed compensation for theimpro*ement%

    )ompen"ation for di"turbance of clearing tenant"

    4>: C%&0e!"ti%! %. #it/.2"!$e % $le".i!- te!"!t:(1) ! tenant who has cleared andbrought under culti*ation waste land in which he has not a right of occupancy shall" if ejected fromthat land" be entitled to recei*e from the landlord as compensation for disturbance" in addition to

    any compensation for impro*ements" a sum to be determined by 7e*enue 4ourt or 7e*enue2>fficer in accordance with the merits of the case" but not exceeding fi*e yearsF rent of the land:

    Pro*ided that a tenant who is a joint owner of land to which this section applies shall not beentitled to compensation for disturbance on ejectment from the land or any part thereof%

    (&) If rent has been paid for the land by di*ision or appraisement of the produce or byrates fixed with reference to the nature of the crops grown" or if no rent" or no rent other than theland2re*enue of the land and the rates and cesses chargeable thereon" has been paid therefor"the compensation may be computed as if double the amount of the land2re*enue of the land werethe annual rent thereof:

    'Pro*ided that in any estate of which the assessment has been confirmed on or after the

    twenty2second day of

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    (a) the amount by which the *alue or the produce of the tenancy" or the *alue of thatproduce is increased by the impro*ement;

    (b) the condition of the impro*ement and the probable duration of its effect;

    (c) the labour and capital reEuired for the maing of such an impro*ement;

    (d) any reduction or remission of rent or other ad*antage allowed to the tenant by thelandlord in consideration of the impro*ement; and

    (e) in the case of reclamation" or of the con*ersion of unirrigated into irrigated land" thelength of time during which the tenant has had the benefit of the impro*ement%

    7: F%.& % $%&0e!"ti%!: (1) he compensation shall be made by payment in money"unless the parties agree that it be made in whole or in part by the grant of a beneficial lease ofland or in some other way%

    (&) If the parties so agree" the 4ourt or 7e*enue2>fficer shall mae an orderaccordingly%

    $elief in ca"e of ejectment before determination of compen"ation

    7@: Relie i! $"e % e3e$t&e!t 2e%.e #ete.&i!"ti%! % $%&0e!"ti%!:(1) If from anycause the amount of compensation payable to a tenantD

    (a) under this 4hapter for impro*ements or disturbance" or

    (b) under section ,8 for the *alue of uncut or ungathered crops or the preparation ofland for sowing"

    has not been determined before the tenant is ejected" the ejectment shall not be in*alidated byreason of the omission" but the 4ourt or 7e*enue2>fficer which decreed or who ordered theejectment may" on application made by the tenant within one year from the date of ejectment"

    correct the omission by maing in fa*our of the tenant an order for the payment to him by thelandlord of such compensation as the 4ourt or >fficer may determine the tenant to be entitled to%

    (&) !n order made under sub2section (1) may be executed in the same manner as adecree for money may be executed by a 7e*enue 4ourt%

    CHAPTER VII

    JURIS'ICTION AN' PROCE'URE

    uri"diction

    7: Ree!/e9Oi$e.:(1) here shall be the same classes of 7e*enue2>fficers under this!ct as under the Punjab 6and 7e*enue !ct" ,'18$" and" in the absence of any order of the.'Pro*incial +o*ernment to the contrary" a 7e*enue2>fficer of any class ha*ing jurisdiction withinany local limits under that !ct shall be a 7e*enue2>fficer of the same class ha*ing jurisdiction

    within the same local limits under this !ct%

    (&) he expressions /4ollector0 and '3oard of 7e*enue ha*e the same meaning inthis !ct as in the Punjab 6and 7e*enue !ct" $'18$%

    74: A00li$"ti%! "!# 0.%$ee#i!- $%-!i?"2le 2 Ree!/e9Oi$e.: (1) he followingapplications and proceedings shall be disposed of by 7e*enue2>fficers as such" and no 4ourtshall tae cogni?ance of any dispute or matter with respect to which any such application or

    proceeding might be made or had:2

    FIRST *ROUP

    64=ubstituted for the figure /1##$0 by the Punjab enancy (!mendment) >rdinance" &AA1 (6I of &AA1)" w%e%f%1,%#%&AA1" s%.; and published in the

    Punjab +a?ette (@xtraordinary)" dated &&%1&%&AA1" pages &12&1.%

    65=ubstituted for /6ocal +o*ernment0 by the +o*ernment of India (!daptation of Indian 6aws) >rder" 18$" w%e%f% 1%,%18$" !rticle , and ableof +eneral !daptations as amended by the +o*ernment of India (!daptation of Indian 6aws) =upplementary >rder" 18$%

    66 =ubstituted for /rdinance" &AA1 (6I of &AA1)" w%e%f%1,%#%&AA1" s%.; and published in the

    Punjab +a?ette (@xtraordinary)" dated &&%1&%&AA1" pages &12&1.%

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    (a) proceedings under section &$ for the adjustment of rents expressed in terms of theland2re*enue;

    #'(aa) proceedings under section &$2! for the adjustment of rents of occupancy tenants inthe !ttoc 5istrict 8';

    (b) proceedings relating to the remission and suspension of rent under section A;(c) applications under section , for the ejectment of a tenant against whom a decree

    for an arrear of rent in respect of his tenancy has been passed and remainsunsatisfied;

    (d) applications under section ,." sub2section(.)" for the ejectment of a tenant on whom anotice of ejectment has been ser*ed and who has not instituted a suit to contest hisliability to be ejected but has claimed compensation under section $1;

    (e) applications under section . or section ., for the fixing of the *alue of a right ofoccupancy;

    (f) applications under section . or section ., by landlords for possession of land" the

    right of occupancy in which has become extinct;

    (g) proceedings under 4hapter I with respect to the award of compensation forimpro*ements or disturbance;

    SECON' *ROUP

    (h) applications under section 1$ with respect to the di*ision or appraisement ofproduce;

    (i) application under section ,." sub2section (.)" for the ejectment of a tenant on whoma notice of ejectment has been ser*ed and who has not instituted a suit to contesthis liability to be ejected and has not claimed compensation under section $1;

    (j) applications for the determinationD

    (i) under section ,8 of the rent payable for land occupied by crops uncut or ungatheredat the time of an order made for the ejectment of a tenant" or

    (ii) under section ,8 or section $, of the *alue of such crops or of the sum payable to thetenant for labour and capital expended by him in preparing land for sowing;

    THIR' *ROUP

    () applications under section 1 by tenants to deposit rent;

    (l) applications under section for ser*ice of notice of relinEuishment;

    (m) applications under section , for ser*ice of notice of ejectment;

    (n) applications under section . or section ., for ser*ice of notice of intended transferor of intended foreclosure or other enforcement of lien%

    (&) @xcept as otherwise pro*ided by any rule made by the $A'3oard of 7e*enue in thisbehalfD

    (a) a 4ollector or an !ssistant 4ollector of the first grade may dispose of any of theapplications and proceedings mentioned in sub2section(1);

    (b) an !ssistant 4ollector of the second grade" not being Gaib2ehsildar" may disposeof any of the applications mentioned in the second and third groups of that sub2section; and

    (c) a Gaib ehsildar" when in*ested with the powers of an !ssistant 4ollector of thesecond grade" may dispose of any of the applications mentioned in the third groupof that sub2section%

    68 Inserted by the Punjab enancy (!mendment) !ct" 18&. (9I of 18&.)" s%11; and published in the Punjab +a?ette (@xtraordinary)" dated&&%%18&%

    69Cisprinted in the +a?ette as /full2stop0%

    70 =ubstituted for /

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    77: Ree!/e C%/.t "!# /it $%-!i?"2le 2 t+e&:(1) Bhen a 7e*enue2>fficer is exercisingjurisdiction with respect to any such suit as is described in sub2section ()" or with respect to an appealor other proceeding arising out of any such suit" he shall be called a 7e*enue 4ourt%

    (&) here shall be the same classes of 7e*enue 4ourts as of 7e*enue2>fficers underthis !ct" and" in the absence of any order of the $1'Pro*incial +o*ernment to the contrary" a

    7e*enue2>fficer of any class ha*ing jurisdiction within any local limits under this !ct shall be a7e*enue 4ourt of the same class ha*ing jurisdiction within the same local limits%

    () he following suits shall be instituted in" and heard and determined by" 7e*enue4ourts" and no other 4ourt shall tae cogni?ance of any dispute or matter with respect to whichany such suit might be instituted: 2

    $&'Pro*ided thatD

    Procedure wherere*enuematter i"rai"ed ina )i*il)ourt

    (1) where in a suit cogni?able by and instituted in a 4i*il 4ourt it becomes necessaryto decide any matter which can under this sub2section be heard and determinedonly by a 7e*enue 4ourt" the 4i*il 4ourt shall endorse upon the plaint the nature

    of the matter for decision and the particulars reEuired by >rder II" rule 1A" 4i*ilProcedure 4ode (Indian !ct of 18A#)" and return the plaint for presentation tothe 4ollector;

    (&) on the plaint being presented to the 4ollector" the 4ollector shall proceed to hearand determine the suit where the *alue thereof exceeds $'rupees ten thousand or thematter in*ol*ed is of the nature mentioned in section $$()"

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    (j) suits for sums payable on account of *illage cesses or *illage expenses;

    () suits by a co2sharer in an estate or holding for a share of the profits thereof or for asettlement of accounts;

    (l) suits for the reco*ery of o*er payments of rent or land2re*enue or of any other

    demand for which a suit lies in a 7e*enue 4ourt under this sub2section;(m) suits relating to the emoluments of anungos $.'- - - or *illage officers;

    THIR' *ROUP

    (n) suits by a landlord for arrears of rent or the money eEui*alent of rent" or for sumsreco*erable under section 1,;

    (o) suits by a landowner to reco*er moneys claimed as due for the enjoyment of rights in oro*er land or in water" including rights of irrigation" rights o*er fisheries" rights of pasturageand forest rights;

    (p) suits for sums payable on account of land2re*enue or of any other demandreco*erable as an arrear of land2re*enue under any enactment for the time being inforce" and by a superior land2owner for other sums due to him as such%

    (,) @xcept as otherwise pro*ided by any rule made by the $'3oard of 7e*enue in thisbehalfD

    (a) a 4ollector may hear and determine any of the suits mentioned in sub2section ();

    (b) an !ssistant 4ollector of the first grade may hear and determine any of the suitsmentioned in the second and third groups of that sub2section" and" if he has by namebeen specially empowered in this behalf by the $$'Pro*incial +o*ernment" any of the

    suits mentioned in the first group; and

    (c) an !ssistant 4ollector of the second grade may hear and determine any of the suitsmentioned in the third group%

    $#'(.) he limitation for suits mentioned in sub2section () (hird +roup)" clause (n)" shallbe one year from the day the rent or money eEui*alent to rent or sums reco*erable become due%

    dmini"trati*e control

    78: S/0e.i!te!#e!$e "!# $%!t.%l % Ree!/e9Oi$e. "!# Ree!/e C%/.t: (1) hegeneral superintendence and control o*er all $8'- - - 7e*enue2>fficers and 7e*enue 4ourts shallbe *ested in" and all such officers and 4ourts shall be subordinate to the #A'3oard of 7e*enue%

    (&) =ubject to the general superintendence and control of the #1'3oard of 7e*enue" #&'a4ommissioner shall control all other 7e*enue2>fficers and 7e*enue 4ourts in his di*ision%

    75 >mittedthe words and comma /" ?aildars" inamdars0 by the Punjab enancy (!mendment) >rdinance" &AA1 (6I of &AA1)" w%e%f%1,%#%&AA1" s%;

    and published in the Punjab +a?ette (@xtraordinary)" dated &&%1&%&AA1" pages &12&1.%

    76 =ubstituted for /rder" 18$" w%e%f% 1%,%18$" !rticle , and able of+eneral !daptations as amended by the +o*ernment of India (!daptation of Indian 6aws) =upplementary >rder" 18$%

    78 !dded by the Punjab enancy (!mendment) !ct" 18$$ (I of 18$$)" w%e%f%.%1%18$$" s% &; and published in the Punjab +a?ette(@xtraordinary)"dated 1,%%18$$" pages #1.2#1%

    79 >mittedthe word /other0 by the Best Paistan (!daptation and 7epeal of 6aws) !ct" 18.$ (9I of 18.$)" w%e%f% 1,%1A%18.." s% and scheduleIII; and published in the +a?ette of Best Paistan (@xtraordinary)" pages $A82$#8%

    80=ubstituted for /

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    () =ubject as aforesaid and to the control of #'the 4ommissioner" a 4ollector shallcontrol all other 7e*enue2>fficer and 7e*enue 4ourts in his district%

    7>: P%e. t% #it.i2/te 2/i!e "!# it+#." "!# t."!e. $"e:(1) he #,'3oard of7e*enue or #.'a 4ommissioner or 4ollector may by written order distribute" in such manner as#

    'it or he thins fit" any business cogni?able by any 7e*enue2>fficer or 7e*enue 4ourt under hiscontrol%

    (&) he #$'3oard of 7e*enue or ##'a 4ommissioner or 4ollector may withdraw any casepending before any 7e*enue2>fficer or 7e*enue 4ourt under #8'its or his control" and eitherdispose of it8A'itself or himself or by written order refer it for disposal to any other 7e*enue2>fficeror 7e*enue 4ourt under 81'its or his control%

    () !n order under sub2section (1) or sub2section (&) shall not empower any 7e*enue2>fficer or 7e*enue 4ourt to exercise any powers or deal with any business which he or it wouldnot be competent to exercise or deal with within the local limits of his or its own jurisdiction%

    ppeal, $e*iew nd $e*i"ion

    8=: A00e"l:8&'(1) =ubject to the pro*isions of this !ct and the rules thereunder" an appealshall lie from an original or appellate order or decree made under this !ct by a 7e*enue2>fficer or7e*enue 4ourt" as follows" namely:2

    (a) to the 4ollector when the order or decree is made by an !ssistant 4ollector of eithergrade;

    (b) to 8'the 4ommissioner when the order or decree is made by a 4ollector;

    (c) to the 8,'3oard of 7e*enue only on a point of law when the order or decree is madeby 8.'a 4ommissioner:

    Pro*ided thatD

    83 =ubstituted for /the @xecuti*e 5istrict >fficer (7e*enue)0 by the Punjab 6aws (!mendment) !ct &A11 (I of &A11) by the Punjab 6aws

    (!mendment) !ct &A11 (I of &A11)"w%e%f% &A%,%&A11(notification published in the Punjab +a?ette (@xtraordinary)"dated 1%,%&A11" page ,A#1)"s%; and published in the Punjab +a?ette (@xtraordinary)"dated 1,%,%&A11"pages ,A,2,A,$%

    84 =ubstituted for /fficer (7e*enue)0 by the Punjab 6aws (!mendment) !ct &A11 (I of &A11) by the Punjab 6aws

    (!mendment) !ct &A11 (I of &A11)"w%e%f% &A%,%&A11(notification published in the Punjab +a?ette (@xtraordinary)"dated 1%,%&A11" page ,A#1)"s%; and published in the Punjab +a?ette (@xtraordinary)"dated 1,%,%&A11"pages ,A,2,A,$%

    86=ubstituted by the Best Paistan (!daptation and 7epeal of 6aws) !ct" 18.$ (9I of 18.$)%

    87 =ubstituted for /fficer (7e*enue)0 by the Punjab 6aws (!mendment) !ct &A11 (I of &A11) by the Punjab 6aws

    (!mendment) !ct &A11 (I of &A11)"w%e%f% &A%,%&A11(notification published in the Punjab +a?ette (@xtraordinary)"dated 1%,%&A11" page ,A#1)"s%; and published in the Punjab +a?ette (@xtraordinary)"dated 1,%,%&A11"pages ,A,2,