{ "schema_version": "qanun-law-text/1", "id": "punjab-code-037d8925b74ae859", "title": "PUNJAB TENANCY ACT, 1887", "source_collection": "Punjab", "content_kind": "stored_law_text", "content_extent": null, "source_url": "https://punjabcode.punjab.gov.pk/en/show_article/AzRUZQY4UmU-", "version": null, "source_snapshot": "2026-08-06T17:01:02Z", "legal_status": "not independently verified", "text_quality": "Complete stored UTF-8 TXT file recovered byte-for-byte from owned Drive. Source transcription retained verbatim; legal completeness, OCR accuracy and current consolidation unverified.", "text_sha256": "cb740372a49edf5ed8098707432fca1b46f98c9294a91d3d54d3b443d655380b", "source_sha256": "cb740372a49edf5ed8098707432fca1b46f98c9294a91d3d54d3b443d655380b", "text_version_id": "law:punjab-code-037d8925b74ae859:sha256:cb740372a49edf5ed8098707432fca1b46f98c9294a91d3d54d3b443d655380b", "quality_flags": [], "encoding": "UTF-8", "text": "THE PUNJAB TENANCY ACT, 1887 \r\n(XVI of 1887) \r\nCONTENTS \r\nCHAPTER 1 \r\nPRELIMINARY \r\n1. Title, extent and commencement \r\n2. Repealed \r\n3. Repealed \r\n4. Definitions \r\nCHAPTER II \r\nRIGHT OF OCCUPANCY \r\n5. Tenants having right of occupancy \r\n6. Right of occupancy of other tenants recorded as having the right before \r\npassing of Punjab Tenancy Act, 1868 \r\n7. Right of occupancy in land taken in exchange \r\n8. Establishment of right of occupancy on grounds other than those \r\nexpressly stated in Act \r\n9. Right of occupancy not to be acquired by mere lapse of time \r\n10. Right of occupancy not to be acquired by joint owner in land held in \r\njoint ownership \r\n11. Continuance of existing occupancy rights \r\nCHAPTER III \r\nRENT \r\nRents generally \r\n12. Respective rights of landlord and tenant to produce \r\n13. Commutation and alteration of rent \r\n14. Payments for land occupied without consent of landlord \r\n15. Collection of rents of undivided property \r\n15-A. Rights and liabilities regarding rent and government dues \r\nProduce rent \r\n16. Presumption with respect to produce removed before division or \r\nappraisement \r\n17. Appointment of referee for division or appraisement \r\n18. Appointment of assessors and procedure of referee \r\n19. Procedure after division or appraisement \r\n20. Enhancement of produce rents of occupancy tenants \r\n21. Reduction of rents referred to in the last foregoing section \r\nCash-rents paid by tenants having right of occupancy \r\n22. Enhancement of cash rents of occupancy tenants \r\n23. Reduction of rents referred to in the last foregoing section \r\nGeneral provisions relating to suits for enhancement or reduction of rent \r\n24. Enhancement and reduction of rent by suit \r\n25. Discretion as to extent of enhancement or reduction \r\n26. Time for enhancement or reduction to take effect \r\nAdjustment of rents expressed in terms of the land-revenue \r\n27. Adjustment of rents expressed in terms of the land-revenue \r\nAdjustment of rents paid by occupancy tenants in Attock District \r\n27-A. Adjustment of rents paid by occupancy tenants in Attock District \r\nAlteration of rent on alteration of area \r\n28. Alteration of rent on alteration of area \r\nRemission \r\n29. Remission of rent by Courts decreeing arrears \r\n30. Remission and suspension of rent consequent on like treatment of land -\r\nrevenue \r\nDeposits \r\n31. Power to deposit rent in certain cases with Revenue-officer \r\n32. Effect of depositing rent \r\nRecovery of rent from attached produce \r\n33. Recovery of rent from attached produce \r\nLeases for period exceeding term of assessment of land-revenue \r\n34. Treatment of leases for period exceeding or equal to term of assessment \r\nof land-revenue \r\nCHAPTER IV \r\nRELINQUISHMENT, ABANDONMENT AND EJECTMENT \r\nRelinquishment \r\n35. Relinquishment by tenant for a fixed term \r\n36. Relinquishment by any other tenant \r\n37. Relinquishment of part only of a tenancy \r\nAbandonment \r\n38. Abandonment of tenancy by occupancy tenant \r\nLiability to ejectment \r\n39. Grounds of ejectment of occupancy tenant \r\n40. Grounds of ejectment of tenant for a fixed term \r\n41. Ejectment of tenant from year to year \r\nProcedure on ejectment \r\n42. Restriction on ejectment \r\n43. Application to Revenue-officer for ejectment \r\n44. Ejectment for failure to satisfy decree for arrear of rent \r\n45. Ejectment of tenant from year to year by notice \r\n46. Power to make rules \r\nGeneral provisions respecting ejectment \r\n47. Time for ejectment \r\n48. Relief against forfeiture \r\n49. Rights of ejected tenants in respect of crops and land prepared for \r\nsowing \r\nRelief for wrongful dispossession \r\n50. Relief of wrongful dispossession or ejectment \r\n50-A. Bar to civil suits \r\n51. Bar of relief by suit under section 9, Act I of 1877 \r\nPower to vary dates prescribed by this Chapter \r\n52. Power of Provincial Government to fix dates for certain purposes \r\nCHAPTER V \r\nALIENATION OF, AND SUCCESSION TO, RIGHT OF OCCUPANCY \r\nAlienation \r\n52-A. Provisions of Chapter V not to apply to muqarraridars \r\n53. Private transfer of right of occupancy under section 5 by tenant \r\n54. Procedure on foreclosure of mortgage of right of occupancy under \r\nsection 5 \r\n55. Sale of right of occupancy under section 5 in execution of decree \r\n56. Transfer of right of occupancy under any other section than section 5 \r\n57. Rights and liabilities of transferee of right of occupancy \r\n58. Sub-letting \r\n58-A. Transfer of right of occupancy under any section of the Act by exchange \r\nSuccession \r\n59. Succession to right of occupancy \r\nIrregular transfers \r\n60. Irregular transfer of right of occupancy \r\nCHAPTER V-A \r\nSuccession to non-occupancy tenancies \r\n60-A. Succession to non-occupancy tenancies \r\nCHAPTER VI \r\nIMPROVEMENTS AND COMPENSATION \r\nImprovements by landlords \r\n61. Improvements by landlords on tenancies of occupancy tenants \r\n62. Enhancement of rent in consideration of an improvement made by a \r\nlandlord on the tenancy of an occupancy tenant \r\nImprovements by tenants \r\n63. Title of occupancy tenant to make improvements \r\n64. Title of tenants not having right of occupancy to make improvements \r\n65. Improvements made before commencement of this Act \r\n66. Improvements begun in anticipation of ejectment \r\n67. Tender of lease for twenty years to tenant to be a bar to right to \r\ncompensation \r\n68. Liability to pay compensation for improvements to tenants on ejectment \r\nor on enhancement of his rent \r\nCompensation for disturbance of clearing tenants \r\n69. Compensation for disturbance of clearing tenants \r\nProcedure in determining compensation \r\n70. Determination of compensation by Revenue Courts \r\n71. Determination of compensation by Revenue-officers \r\n72. Matters to be regarded in assessment of compensation for \r\nimprovements \r\n73. Form of compensation \r\nRelief in case of ejectment before determination of compensation \r\n74. Relief in case of ejectment before determination of compensation \r\nCHAPTER VII \r\nJURISDICTION AND PROCEDURE \r\nJurisdiction \r\n75. Revenue-officers \r\n76. Applications and proceedings cognizable by Revenue-officers \r\n77. Revenue Courts and suits cognizable by them \r\nProcedure where revenue matter is raised in a Civil Court \r\nAdministrative control \r\n78. Superintendence and control of Revenue-officers and Revenue Courts \r\n79. Power to distribute business and withdraw and transfer cases \r\nAppeal, Review and Revision \r\n80. Appeals \r\n81. Limitation for appeals \r\n82. Review by Revenue-officers \r\n83. Computation of periods limited for appeals and applications for review \r\n84. Power to call for, examine and revise proceedings of Revenue -officers \r\nand Revenue Courts \r\nProcedure \r\n85. Procedure of Revenue-officers \r\n86. Persons by whom appearances may be made before Revenue -officers \r\nas such and not as Revenue Courts \r\n87. Costs \r\n88. Procedure of Revenue Courts \r\n89. Power of Revenue-officer or Revenue Court to summon persons \r\n90. Mode of service of summons \r\n91. Mode of service of notice, or order or proclamation or copy thereof \r\n92. Additional mode of publishing proclamation \r\n93. Joinder of tenants as parties to proceeding relating to rent \r\n94. Exception of suits under this Act from operation of certain enactments \r\n95. Payment into Court of money admitted to be due to a third person \r\n96. Execution of decree for arrears of rent \r\n97. Prohibition of imprisonment of tenants in execution of decrees for \r\narrears of rent \r\n98. Power to refer party to Civil Court \r\n99. Power to refer to High Court questions as to jurisdiction \r\n100. Power of High Court to validate proceeding s held under mistake as to \r\njurisdiction \r\nMiscellaneous \r\n101. Place of sitting \r\n102. Holidays \r\n103. Discharge of duties of Collector dying or being disabled \r\n104. Retention of powers by Revenue-officer on transfer \r\n105. Conferment of powers of Revenue-officer or Revenue Court \r\n106. Power of Board of Revenue to make rules \r\n107. Rules to be made after previous publication \r\n108. Powers exercisable by Board of Revenue from time to time \r\nCHAPTER VIII \r\nEFFECT OF THIS ACT ON RECORDS-OF-RIGHTS AND AGREEMENTS \r\n109. Nullity of certain entries in records-of-rights \r\n110. Nullity of certain agreements contrary to the Act \r\n111. Saving of other agreements when in writing \r\n112. Effect of certain entries made in r ecords-of-rights before November, \r\n1871 \r\n113. Nothing but rent or seed supplied recoverable \r\n114. Extinction of occupancy tenancies \r\n114-A.Extinction of Muqarraridari rights \r\n114-B.Removal of doubts \r\n115. Limits of holding for personal cultivation \r\n116. Offences \r\nTHE SCHEDULE \r\nRepeald \r\n \r\nTEXT \r\n1\r\nTHE PUNJAB TENANCY ACT, 1887 \r\n(XVI of 1887) \r\n[23rd September, 1887] \r\nAn \r\nAct \r\nto amend the law relating to the tenancy of land in the Punjab. \r\n WHEREAS it is expedient to amend the law relating to the tenancy of land in \r\nthe Punjab; \r\n It is hereby enacted as follows:– \r\nCHAPTER 1 \r\nPRELIMINARY \r\n1. Title, extent and commencement .– (1) This Act may be called the Punjab \r\nTenancy Act, 1887. \r\n \r\n2\r\n[(2) It extends to the whole of the Punjab.] \r\n (3) It shall come into force on such day as the \r\n3\r\n[Provincial Government] \r\nmay, by notification, appoint in this behalf. \r\n4\r\n[2. Power to make rules in anticipation of commencement.– * * * * ] \r\n5\r\n[3. Repeal.– * * * * * * * * * * * ] \r\n4. Definitions.– In this Act, unless there is something repugnant in the subject \r\nor context,– \r\n(1) “land” means land which is not occupied as the site of any building in a \r\ntown or village and is occupied or has been let for agricultural purposes \r\nor for purposes subservient to agriculture or for pasture, and includes \r\nthe sites of buildings and other structures on such land: \r\n6\r\n[(1-A) “Government” shall, unless the context otherwise provides, mean the \r\nProvincial Government \r\n7\r\n[:] ] \r\n \r\n1For Statement of Objects and Reasons, see Punjab Gazette, 1886, Part V, pages 449-455. This Act received the assent of the \r\nGovernor General on the 23rd September, 1887 and was published in the Punjab Gazette, 1887, Part IV, pages 49-69. \r\n2Substituted by the Punjab Laws (Adaption, Revision and Repeal) Act, 1954 (XV of 1955), w.e.f.21.1.1955, s.2 and first \r\nschedule; and published in the Punjab Gazette (Extraordinary), pages 87-108. \r\n3Substituted for “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, w.e.f. 1.4.1937, \r\nArticle 4 and Table of General Adaptations as amended by the Government of India (Adaptation of Indian Laws) Supplementary \r\nOrder, 1937. \r\n4Repealed by the Amending Act, 1891 (XII of 1891), section 2 (1) and First Schedule by the Amending Act, 1891 (XII of 1891); \r\nand published in the Gazette of India, dated 21.3.1891. \r\n5Repealed by the Amending Act, 1891 (XII of 1891), section 2 (1) and First Schedule by the Amending Act, 1891 (XII of 1891); \r\nand published in the Gazette of India, dated 21.3.1891. \r\n6Inserted by the West Pakistan (Adaptation and Repeal of Laws) Act, 1957 (XVI of 1957), w.e.f. 14.10.1955, s.3 and schedule \r\nIII; and published in the Gazette of West Pakistan (Extraordinary), pages 709- 789. \r\n8\r\n[(1-B) “Commissioner” means a Commissioner of a Division appointed under \r\nthe Punjab Land Revenue Act, 1967 (XVII of 1967) and includes an \r\nAdditional Commissioner:] \r\n(2) “pay”, with its grammatical variations and cognate expressions, \r\nincludes, when used with reference to rent, “deliver” and “render”, with \r\ntheir grammatical variations and cognate expressions: \r\n(3) “rent” means whatever is payable to a landlo rd in money, kind or \r\nservice by a tenant on account of the use or occupation of land held by \r\nhim; \r\n9\r\n[but it shall not include any cess, village cess or other contribution \r\nor due or any free personal service]: \r\n(4) “arrear of rent” means rent which remains un paid after the date on \r\nwhich it becomes payable: \r\n(5) “tenant” means a person who holds land under another person, and is \r\nor but for a special contract would be, liable to pay rent for that land to \r\nthat other person; but it does not include– \r\n10\r\n[(a) * * * * * * * * * * ] \r\n(b) a mortgagee of the rights of a land-owner, or \r\n(c) a person to whom a holding has been transferred, or an estate \r\nor holding has been let in farm, under the Punjab Land Revenue \r\nAct, \r\n11\r\n[1967], for the recovery of an arrear of land-revenue or of a \r\nsum recoverable as such an arrear, or \r\n(d) a person who takes from the \r\n12\r\n[Government] a lease of \r\nunoccupied land for the purpose of sub-letting it: \r\n(6) “landlord” means a person under whom a tenant holds land, and to \r\nwhom the tenant is or but for a spe cial contract would be, liable to pay \r\nrent for that land: \r\n(7) “tenant” and “landlord” include the predecessors and successors -in-\r\ninterest of a tenant and landlord, respectively: \r\n(8) “tenancy” means a parcel of land held by a tenant of a landlord under \r\none lease or one set of conditions: \r\n \r\n7Misprinted in the Gazette as “full-stop”. \r\n8Inserted by the Punjab Laws (Amendment) Act 2011 (VI of 2011),w.e.f. 20.4.2011(notification published in the Punjab Gazette \r\n(Extraordinary),dated 16.4.2011, page 4081),s.3 ; and published in the Punjab Gazette (Extraordinary),dated 14.4.2011,pages \r\n4043-4047. \r\n9Added by the Punjab Tenancy (Amendment) Act, 1950 (XVII of 1950), s.2; and published in the Punjab Gazette \r\n(Extraordinary), dated 13.6.1951, pages 117-118. \r\n10Omitted by the Punjab Tenancy (Amendment) Ordinance, 2001 (LVI of 2001), w.e.f.14.8.2001, s.2; and published in the \r\nPunjab Gazette (Extraordinary), dated 22.12.2001, pages 2313 -2315; which was protected and continued in force under t he \r\nProvisional Constitutional Order, 1999 (Chief Executive’s Order No.1 of 1999) as amended by the Provisional Constitution \r\n(Amendment) Order, 1999 (Chief Executive’s Order No. 9 of 1999) and Article 270AA of the Constitution of the Islamic Republic \r\nof Pakistan, as substituted by the Constitution (Eighteenth Amendment) Act, 2010.) \r\n11Substituted for the figure “1887” by the Punjab Tenancy (Amendment) Ordinance, 2001 (LVI of 2001), w.e.f.14.8.2001, s.2; \r\nand published in the Punjab Gazette (Extraordinary), dated 22.12.2001,pages 2313-2315. \r\n12Substituted for “the Crown” by the West Pakistan Laws (Adaption) Order, 1964, (P.O. No. 1 of 1964), w.e.f. 8.6.1962, s.2 and \r\nSchedule; and published in the Gazette of West Pakistan (Extraordinary) dated 3.6.1964, pages 1805-1849. \r\n(9) “estate”, “land -owner” and “holding” have the meanings respectively \r\nassigned to those words in the Punjab Land-revenue Act, \r\n13\r\n[1967]: \r\n(10) “land-revenue” means land -revenue assessed under any law for the \r\ntime being in force or assessable under the Punjab Land Revenue Act, \r\n14\r\n[1967], and includes– \r\n(a) any rate imposed in respect of the increased value of land due \r\nto irrigation; and \r\n(b) any sum payable in respect of land, by way of quit -rent or of \r\ncommutation for service, to t he \r\n15\r\n[Government] or to a person to \r\nwhom the \r\n16\r\n[Government] has assigned the right to receive the \r\npayment: \r\n(11) “rates and cesses” means rates and cesses which are primarily \r\npayable by land-owners, and includes– \r\n17\r\n[(a) * * * * * * * * * * ] \r\n(b) the local ra te, if any, payable under the \r\n18\r\n[Punjab Local \r\nGovernment Ordinance, 2001]; \r\n(c) any annual rate chargeable on owners of lands under section 59 \r\nof the \r\n19\r\n[* * *] Canal and Drainage Act, 1873; \r\n(d) the \r\n20\r\n[* * *] village-officer’s cesses; and \r\n(e) sums payable on account of village-expenses: \r\n21\r\n[(12) “village-cess” means any cess, contribution or due which is customarily \r\nleviable, from land-owners and non-land-owners alike, within an estate \r\nfor the common purposes of the inhabitants thereof, and is neither a \r\npayment for the use of any private property or for personal service, nor \r\nimposed by or under any enactment for the time being in force, and \r\ndoes not mean any cess, contribution or due leviable, for the benefit of \r\nany individual residents or class of residents in the estate, or in relation \r\n \r\n13Substituted for the figure “1887” by the Punjab Tenancy (Amendment) Ordinance, 2001 (LVI of 2001), w.e.f.14.8.2001, s.2; \r\nand published in the Punjab Gazette (Extraordinary), dated 22.12.2001, pages 2313-2315. \r\n14Substituted for the figure “1887” by th e Punjab Tenancy (Amendment) Ordinance, 2001 (LVI of 2001), w.e.f.14.8.2001, s.2; \r\nand published in the Punjab Gazette (Extraordinary), dated 22.12.2001, pages 2313-2315. \r\n15Substituted for “the Crown” by the West Pakistan Laws (Adaption) Order, 1964, (P.O. N o. 1 of 1964), w.e.f. 8.6.1962, s.2 and \r\nSchedule; and published in the Gazette of West Pakistan (Extraordinary) dated 3.6.1964, pages 1805-1849. \r\n16Substituted for “the Crown” by the West Pakistan Laws (Adaption) Order, 1964, (P.O. No. 1 of 1964), w.e.f. 8.6 .1962, s.2 and \r\nSchedule; and published in the Gazette of West Pakistan (Extraordinary) dated 3.6.1964, pages 1805-1849. \r\n17Deleted by the Amending Act, 1891 (XII of 1891) by the Amending Act, 1891 (XII of 1891); and published in the Gazette of \r\nIndia, dated 21.3.1891. \r\n18Substituted for “Punjab District Boards Act, 1883, and any, fee leviable under section 33 of that Act from land -owners for the \r\nuse of, or benefits derived from such works as are referred to in section 20, clauses (i) and (j) of that Act” by the Punjab \r\nTenancy (Amendment) Ordinance, 2001 (LVI of 2001), w.e.f.14.8.2001, s.2; and published in the Punjab Gazette \r\n(Extraordinary), dated 22.12.2001, pages 2313-2315. \r\n19Omitted the words “Northern India” by the Punjab Tenancy (Amendment) Ordinance, 2001 (LVI of 2001), w.e.f.14.8.2001, s.2; \r\nand published in the Punjab Gazette (Extraordinary), dated 22.12.2001, pages 2313-2315. \r\n20Omitted the words “zaildari and” by the Punjab Tenancy (Amendment) Ordinance, 2001 (LVI of 2001), w.e.f.14.8.2001, s.2; \r\nand published in the Punjab Gazette (Extraordinary), dated 22.12.2001, pages 2313-2315. \r\n21Substituted by the Punjab Tenancy (Amendment) Act, 1950 (XVII of 1950), s.2; and published in the Punjab Gazette \r\n(Extraordinary), dated 13.6.1951, pages 117-118. \r\nto any property which is not meant for the common use of all the \r\nresidents: \r\nExplanation.– If any question arises whether any cess, contribution or due is or is \r\nnot a village cess, the decision of the \r\n22\r\n[Board of Revenue] shall be con clusive and \r\nshall not be liable to be questioned in any Court:] \r\n(13) “village-Officer” means a chief headman, headman or Patwari: \r\n(14) “Revenue-Officer” or “Revenue Court”, in any provision of this Act, \r\nmeans a Revenue-Officer or Revenue Court having authority under this \r\nAct to discharge the functions of a Revenue -Officer or Revenue Court, \r\nas the case may be, under that provision: \r\n(15) “jagirdar” includes any person, other than a village servant, to whom \r\nthe land-revenue of any land has been assigned in whole or in part \r\n23\r\n[by \r\nGovernment] or by \r\n24\r\n[a servant of the State]: \r\n(16) “legal practitioner” means any legal practitioner within the meaning of \r\nthe Legal Practitioners Act, 1879, except a mukhtar: \r\n(17) “agricultural year” means the year commencing on the sixt eenth day of \r\nJune, or on such other date as the \r\n25\r\n[Provincial Government] may, by \r\nnotification appoint for any local area: \r\n(18) “notification” means a notification published by authority of the \r\n26\r\n[Provincial Government] \r\n27\r\n[ or Board of Revenue] in the Officia l \r\nGazette: \r\n(19) “improvement” means with reference to a tenancy, any work which is \r\nsuitable to the tenancy and consistent with the conditions on which it is \r\nheld, by which the value of the tenancy has been and continues to be \r\nincreased, and which, if not e xecuted on the tenancy, is either \r\nexecuted directly for its benefit, or is, after execution made directly \r\nbeneficial to it: \r\nExplanation I.– It includes, among other things– \r\n(a) the construction of wells and other works for the storage or \r\nsupply of water for agricultural purposes; \r\n \r\n22Substituted for “Provincial Government” by the West Pakistan (Adaptation and Repeal of Laws) Act, 1957 (XVI of 1957), w.e.f. \r\n14.10.1955, s.3 and schedule III; and published in the Gazette of West Pakistan (Extraordinary), pages 709- 789. \r\n23Substituted for “by the Crown” by the West Pakistan Laws (Adaption) Order, 1964, (P.O. No. 1 of 1964), w.e.f. 8.6.1962, s.2 \r\nand Schedule; and published in the Gazette of West Pakistan (Extraordinary) dated 3.6.1964, pages 1805-1849. \r\n24Substituted for “an officer of the Crown” by the West P akistan Laws (Adaption) Order, 1964, (P.O. No. 1 of 1964), w.e.f. \r\n8.6.1962, s.2 and Schedule; and published in the Gazette of West Pakistan (Extraordinary) dated 3.6.1964, pages 1805-1849. \r\n25Substituted for “Local Government” by the Government of India (Ada ptation of Indian Laws) Order, 1937, w.e.f. 1.4.1937, \r\nArticle 4 and Table of General Adaptations as amended by the Government of India (Adaptation of Indian Laws) Supplementary \r\nOrder, 1937. \r\n26Substituted for “Local Government” by the Government of India (Ad aptation of Indian Laws) Order, 1937, w.e.f. 1.4.1937, \r\nArticle 4 and Table of General Adaptations as amended by the Government of India (Adaptation of Indian Laws) Supplementary \r\nOrder, 1937. \r\n27Inserted by the West Pakistan (Adaptation and Repeal of Laws) Ac t, 1957 (XVI of 1957), w.e.f. 14.10.1955, s.3 and schedule \r\nIII; and published in the Gazette of West Pakistan (Extraordinary), pages 709-789. \r\n(b) the construction of works for drainage and for protection against \r\nfloods; \r\n(c) the planting of trees, the reclaiming, enclosing, levelling and \r\nterracing of land for agricultural purposes and other works of a \r\nlike nature; \r\n(d) the erection of buildings required for the more convenient or \r\nprofitable cultivation of a tenancy; and \r\n(e) the renewal or reconstruction of any of the foregoing works, or \r\nsuch alterations therein, or additions thereto, as are not of the \r\nnature of mere repairs and as durably increase their value; \r\n But it does not include such clearances, embankments, levelling, enclosures, \r\ntemporary wells and water channels as are made by tenants in the ordinary course \r\nof cultivation and without any special expenditure, or any other benefit accruing to \r\nland from the ordinary operations of husbandry; \r\nExplanation II .– A work which benefits several tenancies may be deemed to be, \r\nwith respect to each of them, an improvement; \r\nExplanation III .– A work executed by a tenant is not an im provement if it \r\nsubstantially diminishes the value of any other part of his landlord’s property; and \r\n28\r\n[(20) “Muqarraridar” means any person who holds land in \r\n29\r\n[the Attock and \r\nRawalpindi Districts] and who, on the date of the commencement of the \r\nPunjab Tenancy (Amendment) Act, 1925, was recorded in the revenue \r\nrecords as muqarraridar in respect of such land or who, after the said \r\ndate, was so recorded with his consent and the consent of the \r\nproprietor of such land and includes the successors -in-interest of a \r\nmuqarraridar.] \r\nCHAPTER II \r\nRIGHT OF OCCUPANCY \r\n5. Tenants having right of occupancy.– (1) A tenant– \r\n(a) who at the commencement of this Act has, for more than two \r\ngenerations in the male line of descent through a grandfather or grand \r\nuncle and for a period of not less than twenty years, been occupying \r\nland paying no rent therefor beyond the amount of the land -revenue \r\nthereof and the rates and cesses for the time being chargeable \r\nthereon, or \r\n(b) who having owned land, and having ceased to be land -owner thereof \r\notherwise than by forfeiture to the Government or than by any voluntary \r\nact, has, since he ceased to be land -owner, continuously occupied the \r\nland, or \r\n \r\n28Inserted by the Punjab Tenancy (Amendment) Act, 1925 (XI of 1925), s.2; and published in the Punjab Gazette \r\n(Extraordinary), dated 22.3.1926. \r\n29Substituted for “Attock District” by the Punjab Tenancy (Removal of Doubts and Amendment) Act, 1975 (XXXVIII of 1975), \r\nw.e.f. 2.12.1974, s.2; and published in the Punjab Gazette (Extraordinary), dated 25.6.1975, pages 942-YYY to 942-BBBB. \r\n(c) who, in a village or estate in which he settled alongwith, or was settled \r\nby, the founder thereof a s a cultivator therein, occupied land on the \r\ntwenty-first day of October, 1868, and has continuously occupied the \r\nland since that date, or \r\n(d) who, being jagirdar of the estate or any part of the estate in which the \r\nland occupied by him is situate, has con tinuously occupied the land for \r\nnot less than twenty years, or having been such jagirdar, occupied the \r\nland while he was jagirdar and has continuously occupied it for not less \r\nthan twenty years, has a right of occupancy in the land so occupied, \r\nunless, in the case of a tenant belonging to the class specified in \r\nclause (c), the landlord proves that the tenant was settled on land \r\npreviously cleared and brought under cultivation by, or at the expense \r\nof, the founder. \r\n (2) If a tenant proves that he has continu ously occupied land for thirty \r\nyears and paid no rent therefor beyond the amount of the land -revenue thereof and \r\nthe rates and cesses for the time being chargeable thereon, it may be presumed that \r\nhe has fulfilled the conditions of clause (a) of sub-section (1). \r\n (3) The words in that clause denoting natural relationship denote also \r\nrelationship by adoption, including therein the customary appointment of an heir and \r\nrelationship, by the usage of a religious community. \r\n6. Right of occupancy of other tenants recorded as having the right before \r\npassing of Punjab Tenancy Act, 1868 .– A tenant recorded in a record -of-rights \r\nsanctioned by the \r\n30\r\n[Provincial Government], before the twenty -first day of October, \r\n1868, as a tenant having a right of occupancy in land whic h he has continuously \r\noccupied from the time of the preparation of that record, shall be deemed to have a \r\nright of occupancy in that land unless the contrary has been established by a decree \r\nof a competent Court in a suit instituted before the passing of this Act. \r\n7. Right of occupancy in land taken in exchange .– If the tenant has \r\nvoluntarily exchanged the land, or any portion of the land, for merely occupied by \r\nhim for other land belonging to the same landlord, the land taken in exchange shall \r\nbe held to b e subject to the same right of occupancy as that to which the land given \r\nin exchange would have been subject if the exchange had not taken place. \r\n8. Establishment of right of occupancy on grounds other than those \r\nexpressly stated in Act .– Nothing in the fo regoing sections of this Chapter shall \r\npreclude any person from establishing a right of occupancy on any ground other than \r\nthe grounds specified in those sections. \r\n9. Right of occupancy not to be acquired by mere lapse of time .– No tenant \r\nshall acquire a right of occupancy by mere lapse of time. \r\n10. Right of occupancy not to be acquired by joint owner in land held in \r\njoint ownership.– In the absence of a custom to the contrary, no one of several joint \r\n \r\n30Substituted for “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, w.e.f. 1.4.1937, \r\nArticle 4 and Table of General Adaptations as amended by the Government of India (Adaptation of Indian Laws) Supplementary \r\nOrder, 1937. \r\nowners of land shall acquire a right of occupancy under this Chapter in land jointly \r\nowned by them. \r\n11. Continuance of existing occupancy rights .– Notwithstanding anything in \r\nthe foregoing sections of this Chapter, a tenant who immediately before the \r\ncommencement of this Act has a right of occupancy in any land under an enactment \r\nspecified in any line of the first column of the following table shall, when this Act \r\ncomes into force, be held to have, for all the purposes of this Act, a right of \r\noccupancy in that land under the enactment specified in the same line of the second \r\ncolumn of the table:– \r\nPUNJAB TENANCY ACT, \r\n1868 \r\nTHIS ACT \r\nFirst Column Second Column \r\nSection Clause Section Sub-\r\nsection \r\nClause \r\n5 (1) 5 (1) (a) \r\n5 (2) 5 (1) (b) \r\n5 (3) 5 (1) (c) \r\n5 (4) 5 (1) (d) \r\n6 .. 6 .. .. \r\n8 .. 8 .. .. \r\n \r\nCHAPTER III \r\nRENT \r\nRents generally \r\n12. Respective rights of landlord and tenant to produce .– (1) The rent for the \r\ntime being payable in respect of a tenancy shall be the first charge on the produce \r\nthereof. \r\n (2) A tenant shall be entitled to tend, cut and harvest the produc e of his \r\ntenancy in due course of husbandry without any interference on the part of his \r\nlandlord. \r\n (3) Except where rent is taken by division of the produce, the tenant shall \r\nbe entitled to the exclusive possession of the produce. \r\n (4) Where rent is taken by division of the produce:– \r\n(a) the tenant shall be entitled to the exclusive possession of the whole \r\nproduce until it is divided; \r\n(b) the landlord shall be entitled to be present at, and take part in, the \r\ndivision of the produce; and \r\n(c) when the produce has been divided, the landlord shall be entitled to the \r\npossession of his share thereof. \r\n13. Commutation and alteration of rent .– (1) Where rent is taken by any of the \r\nfollowing methods, namely:– \r\n(a) by division or appraisement of the produce, \r\n(b) by rates fixed with reference to the nature of the crops grown, \r\n(c) by a rate on a recognised measure of area, \r\n(d) by a rent in gross on the tenancy, or \r\n(e) partly by one of the methods specified in clauses (a), (b) and (c) of this \r\nsub-section and partly by anoth er or others of them, one of those \r\nmethods shall not be commuted in whole or in part into another without \r\nthe consent of both landlord and tenant. \r\n (2) In the absence of a contract or a decree or order of competent \r\nauthority to the contrary, a tenant whose rent is taken by any of the methods \r\nspecified in clauses (a), (b) and (c) of sub -section (1), or by the methods specified in \r\nclause (d) of that sub -section, shall not be liable to pay for a tenancy rent at any \r\nhigher amount, as the case may be, than the r ate or amount payable in respect of \r\nthe tenancy for the preceding agricultural year. \r\n14. Payments for land occupied without consent of landlord .– Any person in \r\npossession of land occupied without the consent of the landlord shall be liable to pay \r\nfor the u se or occupation of that land at the rate of rent payable in the preceding \r\nagricultural year, or, if rent was not payable in that year, at such rate as the Court \r\nmay determine to be fair and equitable. \r\n15. Collection of rents of undivided property .– When two or more persons are \r\nlandlords of a tenant in respect of the same tenancy, the tenant shall not be bound to \r\npay part of the rent of his tenancy to one of those persons and part to another. \r\n31\r\n[15-A. Rights and liabilities regarding rent and government dues .– Subject to \r\nthe provisions of paragraph 25 of the Land Reforms Regulation \r\n32\r\n[1972], the landlord \r\nand the tenant shall share the produce in the same ratio in which they used to share \r\nit on the 20th day of December, 1971.] \r\nProduce-rents \r\n16. Presumption with respect to produce removed before division or \r\nappraisement.– Where rent is taken by division or appraisement of the produce, if \r\nthe tenant removes any portion of the produce at such a time or in such a manner as \r\nto prevent the due division or appraisement thereof, or deals therewith in a manner \r\ncontrary to established usage, the produce may be deemed to have been as the \r\nfullest crop of the same description on similar land in the neighbourhood for that \r\nharvest. \r\n17. Appointment of referee for division or app raisement.– If either the \r\nlandlord or the tenant neglects to attend, either personally, or by agent, at the proper \r\ntime for making the division or appraisement of the produce, or if there is a dispute \r\n \r\n31Substituted by the Punjab Tenancy (Amendment) Act, 1975 (XXXIX of 1975), w.e.f.25.6.1975, s.2; and published in the \r\nPunjab Gazette (Extraordinary), which had earlier been added by the Punjab Tenancy (Amendment) Act, 1952 (VII of 1952), \r\nw.e.f.4.2.1952, s.2; and published in the Punjab Gazette (Extraordinary), pages 85-92. \r\n32Substituted for the figure “115” by the Punjab Tenancy (Amendment) Ordinance, 2001 (LVI of 2001), w.e.f.14.8.2001, s.3; and \r\npublished in the Punjab Gazette (Extraordinary), dated 22.12.2001, pages 2313-2315. \r\nabout the division or appraisement, a revenue -officer m ay, on the application of \r\neither party, appoint such person as he thinks fit to be a referee to divide or appraise \r\nthe produce. \r\n18. Appointment of assessors and procedure of referee .– (1) When a \r\nRevenue-Officer appoints referee under the last foregoing sec tion, he may, in his \r\ndiscretion, give him instructions with respect to the association with himself of any \r\nother persons as assessors, the number, qualifications and selection of those \r\nassessors and the procedure to be followed in making the division or appraisement. \r\n (2) The referee so appointed shall make the division or appraisement in \r\naccordance with any instructions which he may have received from the Revenue -\r\nofficer under the last foregoing sub-section. \r\n (3) Before making the division or appraisement, the referee shall give \r\nnotice to the landlord and the tenant of the time and place at which the division or \r\nappraisement will be made, but if either the landlord or the tenant fails to attend \r\neither personally or by agent, the referee may proceed ex parte. \r\n (4) For the purpose of making the division or appraisement, the referee, \r\nwith his assessors, if any, may enter upon any land on which or into any building in \r\nwhich the produce is. \r\n19. Procedure after division or appraisement .– (1) The result of the divi sion or \r\nappraisement shall be recorded and signed by the referee, and the record shall be \r\nsubmitted to the Revenue-Officer. \r\n (2) The Revenue-Officer shall consider the record, and, after such further \r\ninquiry, if any, as he may deem necessary, shall make an order either confirming or \r\nvarying the division or appraisement. \r\n (3) The Revenue-Officer shall also make such order as to the costs of the \r\nreference as he thinks fit. \r\n (4) The costs may include the remuneration of the referee and of the \r\nassessors, if any , and may be levied from the applicant before the appointment of \r\nthe referee subject to adjustment at the close of the proceedings. \r\n20. Enhancement of produce rents of occupancy tenants .– Where the rent of \r\na tenant having a right of occupancy in any land i s a share of the produce, or of the \r\nappraised value thereof, with or without an addition in money, or is paid according to \r\nrates fixed with reference to the nature of the crops grown, or is a rent in gross \r\npayable in kind, the tenant shall be entitled to occupy the land at that rent: \r\n Provided that, when the land or any part thereof previously not irrigated or \r\nflooded becomes irrigated or flooded, the rent in respect of the land or part may, \r\nsubject to the provisions of this Act, be enhanced to the share or rates, or with \r\nreference to the rent in gross, as the case may be, paid by tenants, having a similar \r\nright of occupancy, for irrigated or flooded land of a similar description and with \r\nsimilar advantages. \r\n21. Reduction of rents referred to in the last for egoing section .– When the \r\nland, or any part of the land, held by a tenant having a right of occupancy to whom \r\nthe last foregoing section applies ceases to be irrigated or flooded, the rent payable \r\nin respect of the land or part may be reduced to the share or rates, or with reference \r\nto the rent in gross, as the case may be, paid by tenants, having a similar right of \r\noccupancy, for unirrigated or unflooded land of similar description and with similar \r\nadvantages. \r\nCash-rents paid by tenants having right of occupancy \r\n22. Enhancement of cash -rents of occupancy tenants .– (1) Where a tenant \r\nhaving a right of occupancy pays his rent entirely by a cash -rate on a recognized \r\nmeasure of area or by a cash rent in gross on his tenancy, the rent may be \r\nenhanced on the grou nd that after deduction therefrom of the land -revenue of, and \r\nthe rates and cesses chargeable on the tenancy, it is– \r\n(a) if the tenant belongs to the class specified in clause (a) of sub -section \r\n(1) of section 5, less than two annas per rupee of the amount of the \r\nland-revenue; \r\n(b) if he belongs to any of the classes specified in clauses (b), (c) and (d) \r\nof that sub-section, less than six annas per rupee of the amount of the \r\nland-revenue; \r\n(c) if he belongs to the class specified in section 6, or if his right of \r\noccupancy is established under section 8 and his rent is not regulated \r\nby contract, less than twelve annas per rupee of the amount of the \r\nland-revenue. \r\n (2) In a case to which sub -section (1) applies, the rent may be enhanced \r\nto an amount not exceeding two, six or twelve annas per rupee of the amount of the \r\nland-revenue, as the case may be, in addition to the amount of the land -revenue of \r\nthe tenancy and the rates and cesses chargeable thereon. \r\n \r\n33\r\n[(3) For the purposes of this section, a muqarraridar sha ll be deemed to be \r\na tenant of the class specified in clause (a) of sub-section (1) of section 5.] \r\n23. Reduction of rent referred to in the last foregoing section .– The rent \r\npayable by a tenant to whom the last foregoing section applies may be reduced on \r\nthe ground that the productive powers of his tenancy have been decreased by a \r\ncause beyond his control. \r\nGeneral provisions relating to suits for enhancement or reduction of rent \r\n24. Enhancement and reduction of rent by suit .– (1) A Revenue Court, on the \r\nsuit of either landlord or tenant, may, subject to the provisions of this and other \r\nsections of this Act, enhance or reduce the rent of any tenant having a right of \r\noccupancy. \r\n (2) Where a decree for the enhancement of the rent of such a tenant has \r\nbeen passed under the Punjab Tenancy Act, 1868, a suit for a further enhancement \r\nof his rent shall not lie till the expiration of five years from the date of the decree, \r\nunless in the meantime the local area in which the land comprised in the decree is \r\nsituate has b een generally reassessed and the revenue payable in respect of that \r\nland has been increased. \r\n \r\n33Added by the Punjab Tenancy (Amendment) Act, 1925 (XI of 1925), s.3; and published in the Punjab Gazette (Extraordinary), \r\ndated 22.3.1926. \r\n (3) Subject to the provisions of sub -section (2), a suit instituted for the \r\nenhancement of the rent of a tenant having a right of occupancy shall not be \r\nentertained in either of the following cases, namely:– \r\n(a) if within the ten years next preceding its institution his rent has been \r\ncommuted under section 13 or enhanced under this section; \r\n(b) if within that period a decree has been passed under this Act \r\ndismissing on the merits a suit for the enhancement of his rent; \r\nunless the land or some part of the land comprised in his tenancy, not having \r\nbeen irrigated, or flooded at the time of such commutation, enhancement or \r\ndecree, has become irrigated or flooded. \r\n \r\n34\r\n[(4) For the purposes of this section a muqarraridar shall be deemed to be \r\na tenant having a right of occupancy.] \r\n25. Discretion as to extent of enhancement or reduction .– In enhancing or \r\nreducing the rent of any land, under the foregoing provisions of this C hapter, the \r\nCourt shall, within the limits prescribed by those provisions, enhance or reduce the \r\nrent to such an amount as it considers fair and equitable, but shall not in any case fix \r\nthe rent at a sum less than the amount of the land -revenue of the land and the rates \r\nand cesses chargeable thereon. \r\n26. Time for enhancement or reduction to take effect .– (1) Unless the Court \r\ndecreeing an enhancement of rent otherwise directs, the enhancement shall take \r\neffect from the commencement of the agricultural year n ext following the date of the \r\ndecree. \r\n (2) A Court decreeing a reduction of rent shall specify in the decree the \r\ndate on and from which the reduction is to take effect. \r\nAdjustment of rents expressed in terms of the land-revenue. \r\n27. Adjustment of rents exp ressed in terms of the land -revenue.– (1) Where \r\nthe rent of a tenancy is the whole or a share of the land -revenue thereof, with or \r\nwithout an addition in money, kind or service and the land -revenue of the holding in \r\nwhich the tenancy is situate is altered, a Revenue -Officer having authority under \r\nsection \r\n35\r\n[67] of the Punjab Land -Revenue Act, \r\n36\r\n[1967], to determine the land -\r\nrevenue payable in respect of the several holdings comprised in the estate in which \r\nthe tenancy is situate shall determine also the amoun t of the land -revenue of the \r\ntenancy, or the proportionate share thereof, payable by the tenant as rent. \r\n (2) Where an addition referred to in sub -section (1) is a percentage fixed \r\nwith reference to the land -revenue of the tenancy, or the whole or a share of the \r\nrates and cesses chargeable thereon, or both, the Revenue -Officer shall in like \r\nmanner from time to time alter the amount of the addition in proportion to any \r\nalteration of such land-revenue or rates and cesses. \r\n \r\n34Added by the Punjab Tenancy (Amendment) Act, 1925 (XI of 1925), s.4; and published in the Punjab Gazette (Extraordinary), \r\ndated 22.3.1926. \r\n35Substituted for the figure “56” by the Punjab Tenancy (Amendment) Ordinance, 2001 (LVI of 2001), w.e.f.14.8.2001, s.4; and \r\npublished in the Punjab Gazette (Extraordinary), dated 22.12.2001, pages 2313-2315. \r\n36Substituted for the figure “1887” by the Punjab Tenancy (Amendment) Ordinance, 2001 (LVI of 2001), w.e.f.14.8.2001, s.5; \r\nand published in the Punjab Gazette (Extraordinary), dated 22.12.2001, pages 2313-2315.. \r\n (3) The sum or sums determined under the foregoing sub -sections, \r\ntogether with any addition previously payable other than the additions referred to in \r\nsub-section (2), shall be the rent payable in respect of the tenancy until there is \r\nagain an alteration of the land-revenue thereof or of the rates and cesses chargeable \r\nthereon or until the rent is enhanced by a suit under this Act. \r\n (4) An alteration of rent under this section shall not be deemed an \r\nenhancement or reduction of rent within the meaning of this Act. \r\n \r\n37\r\n[(5) For the purposes of th is section a muqarraridar shall be deemed to be \r\na tenant having a right of occupancy.] \r\n38\r\n[Adjustment of rents paid by occupancy tenants in Attock District.] \r\n39\r\n[27-A. Adjustment of rents paid by occupancy tenants in Attock District .– (1) \r\nWhere a tenant having a right of occupancy in land in the Attock District pays wholly \r\nor partly in cash a rent not falling within the scope of section 27 and the land-revenue \r\nof the holding in which the tenancy is situate is altered– \r\n a Revenue -Officer having authority under s ection \r\n40\r\n[67] of the Punjab Land -\r\nRevenue Act, \r\n41\r\n[1967], to determine the land-revenue payable in respect of the \r\nseveral holdings comprised in the estate in which the tenancy is situate, may, \r\nby written order, and whether the rent was fixed by agreement or ot herwise, \r\nand either upon the application of such tenant, or his landlord, or of his own \r\nmotion increase or diminish such rent if wholly payable in cash, or such \r\nportion thereof as is payable in cash, to such extent as appears to the \r\nRevenue-Officer to be p roper having regard to the matters specified in sub -\r\nsection (2). \r\n (2) In increasing or diminishing the rent of a tenancy under the provisions \r\nof sub-section (1) the Revenue-Officer shall, for the purpose of deciding the extent of \r\nsuch increase or diminution, take into consideration only– \r\n(i) the land -revenue of and the rates and cesses chargeable on the \r\ntenancy before the land -revenue of the holding in which it is situated \r\nwas altered; \r\n(ii) the land -revenue of and the rates and cesses chargeable on the \r\ntenancy after such alteration; and \r\n(iii) the methods by which the assessments of the land -revenue in force \r\nbefore and after such alteration were calculated and distributed over \r\nthe several holdings comprised in the estate in which the tenancy is \r\nsituated. \r\n \r\n37Added by the Punjab Tenancy (Amendment) Act, 1925 (XI of 1925), s.5; and published in the Punjab Gazette (Extraordinary), \r\ndated 22.3.1926. \r\n38Inserted by the Punjab Tenancy (Amendment) Act, 1925 (XI of 1925), s.6; and published in the Punjab Gazette \r\n(Extraordinary), dated 22.3.1926. \r\n39Inserted by the Punjab Tenancy (Amendment) Act, 1925 (XI of 1925), s.6; and published in the Punjab Gazette \r\n(Extraordinary), dated 22.3.1926. \r\n40Substituted for the figure “56” by the Punjab Tenancy (Amendment) Ordinance, 2001 (LVI of 2001), w.e.f.14.8.2001, s. 4; and \r\npublished in the Punjab Gazette (Extraordinary), dated 22.12.2001, pages 2313-2315. \r\n41Substituted for the figure “1887” by the Punjab Tenancy (Amendment) Ordinance, 2001 (LVI of 2001), w.e.f.14.8.2001, s.5; \r\nand published in the Punjab Gazette (Extraordinary), dated 22.12.2001, pages 2313-2315. \r\n (3) The rent determined as aforesaid shall be the rent payable in respect \r\nof the tenancy until there is again an alteration of the land -revenue thereof or of the \r\nrates or cesses chargeable thereon, or until the rent is enhanced or reduced by a \r\nsuit under this Act. \r\n (4) For the purposes of this section a muqarraridar shall be deemed to be \r\na tenant having a right of occupancy. \r\n (5) An alteration of rent under this section shall not be deemed an \r\nenhancement or reduction of rent within the meaning of this Act.]. \r\nAlteration of rent on alteration of area \r\n28. Alteration of rent on alteration of area.– (1) Every tenant shall– \r\n(a) be liable to pay additional rent for all land proved to be in excess of the \r\narea for which rent has been previously paid by him, unless it i s proved \r\nthat the excess is due to the addition to his tenancy of land which, \r\nhaving previously belonged to the tenancy, was lost by diluvion or \r\notherwise without any reduction of the rent being made; and \r\n(b) be entitled to an abatement of rent in respect of any deficiency proved \r\nto exist in the area of his tenancy as compared with the area for which \r\nrent has been previously paid by him, unless it is proved that the \r\ndeficiency is due to the loss of land which was added to the area of the \r\ntenancy by alluvion or otherwise, and that an addition has not been \r\nmade to the rent in respect of the addition to the area. \r\n (2) In determining the area for which rent has been previously paid, the \r\nCourt shall have regard to the following, among other matters, namely:– \r\n(a) the origin and conditions of the tenant’s occupancy, for instance \r\nwhether the rent was a rent in gross or the entire tenancy; \r\n(b) whether the tenant has been allowed to hold additional land in \r\nconsideration of an addition to his total rent or otherwise wit h the \r\nknowledge and consent of the landlord; and \r\n(c) the length of time during which there has been no dispute as to rent or \r\narea. \r\n (3) In adding to or abating rent under this section, the Court shall add to or \r\nabate the rent to such an amount as it deems to be fair and equitable, and shall \r\nspecify in its decree the date on and from which the addition or abatement is to take \r\neffect. \r\n (4) An addition to or abatement of rent under this section shall not be \r\ndeemed an enhancement or reduction of rent within the meaning of this Act. \r\nRemission \r\n29. Remission of rent by Courts decreeing arrears .– Notwithstanding anything \r\nin the foregoing sections of this Chapter, if it appears to a Court making a decree for \r\nan arrear of rent that the area of a tenancy has been so d iminished by diluvion or \r\notherwise, or that the produce thereof has been so diminished by drought, hail, \r\ndeposit of sand or other like calamity, that the full amount of rent payable by the \r\ntenant cannot be equitably decreed, the Court may, with the previou s sanction of the \r\nCollector, allow such remission from the rent payable by the tenant as may appear to \r\nit to be just. \r\n30. Remission and suspension of rent consequent on like treatment of land–\r\nrevenue.–\r\n42\r\n[(1) Whenever the payment of the whole or any part of the land-revenue \r\npayable in respect of any land is remitted or suspended, a Revenue -Officer may, if \r\nthe rent be payable in cash or be rent payable in kind of which the amount is fixed, \r\nby order, remit or suspend, as the case may be, the payment of the rent of that land \r\nto an amount which may bear the same proportion to the whole of the rent payable in \r\nrespect of the land as the land -revenue of which payment has been remitted or \r\nsuspended bears to the whole land-revenue payable in respect of land: \r\n Provided that in the case of an occupancy tenant, whose rent is of the nature \r\nhereinbefore in this sub -section described, the remission or suspension of the land -\r\nrevenue payable in respect of the land shall, in the absence of a written order by a \r\nRevenue-Officer to the contrary carry with it a proportionate remission or \r\nsuspension, as the case may be, of his rent. \r\n When the payment of the rent of any kind has been suspended under this \r\nclause it shall remain under suspension until the Collector orders the revenue of that \r\nland to be realized.]. \r\n (2) An order passed under sub -section (1) shall not be liable to be \r\ncontested by suit in any Court. \r\n (3) A suit shall not lie for the recovery of any rent of which the payment \r\nhas been remitted or during the period of suspensio n, of any rent of which the \r\npayment has been suspended. \r\n (4) Where the payment of rent has been suspended, the period during \r\nwhich the suspension has continued shall be excluded in the computation of the \r\nperiod of limitation prescribed for a suit for the recovery of the rent. \r\n \r\n43\r\n[(5) If the landlord collects from a tenant any rent of which the payment has \r\nbeen remitted, or is under suspension, the Revenue -Officer may recover from the \r\nlandlord the amount or value of the rent so collected, and may also recover by way \r\nof penalty a further sum not exceeding such amount or value, and may cause to be \r\nrefunded to the tenant the amount or value of the rent so collected from him.]. \r\n (6) The provisions of this section relating to the remission and suspension \r\nof the pay ment of rent may be applied, so far as they can be made applicable, to \r\nland of which the land -revenue has been released, compounded for or redeemed in \r\nany case in which if the land -revenue in respect of the land had not been released, \r\ncompounded for, or redeemed, the whole or any part of it might, in the opinion of the \r\nRevenue-Officer, be remitted or suspended under the rules for the time being in \r\nforce for regulating the remission and suspension of land-revenue. \r\n \r\n42Substituted by the Punjab Tenancy Act, 1887, Amendment Act, 1906 (I of 1906). \r\n43Substituted ibid. \r\n \r\n44\r\n[(7) Any sum of which the recovery is orde red under sub -section (5) on \r\naccount of rent or penalty may be recovered by the Collector as if it were an arrear of \r\nland-revenue.]. \r\nDeposits \r\n31. Power to deposit rent in certain cases with Revenue -Officer.– In either of \r\nthe following cases, namely:– \r\n(a) when a landlord refuses to receive or grant a receipt for, any rent \r\npayable in money when tendered to him by a tenant; \r\n(b) when a tenant is in doubt as to the person entitled to receive rent \r\npayable in money, \r\nthe tenant may apply to a Revenue -Officer for leave to deposit the rent in his \r\noffice, and the Revenue -Officer shall receive the deposit, if, after examining \r\nthe applicant, he is satisfied that there is sufficient ground for the application \r\nand if the applicant pays the fee, if any, chargeable for the i ssue of the notice \r\nnext hereinafter referred to. \r\n32. Effect of depositing rent .– (1) When a deposit has been so received it shall \r\nbe deemed to be a payment made by the tenant to his landlord in respect of rent \r\ndue. \r\n (2) The Revenue -Officer receiving the de posit shall give notice of the \r\nreceipt thereof to every person who, he has reason to believe, claims or is entitled to \r\nthe deposit, and may pay the amount thereof to any person appearing to him to be \r\nentitled thereto, or may, if he thinks fit, retain the d eposit pending the decision of a \r\ncompetent Court as to the person so entitled. \r\n (3) No suit or other proceeding shall be instituted against \r\n45\r\n[Government, or \r\nagainst any servant of the State], in respect of anything done by a Revenue -Officer \r\nunder this section, but nothing in this sub-section shall prevent any person entitled to \r\nreceive the amount of any such deposit from recovering it from a person to whom it \r\nhas paid by a Revenue-Officer. \r\nRecovery of rent from attached produce \r\n33. Recovery of rent from att ached produce.– (1) If an order is made by any \r\nCourt for the attachment of the produce of a tenancy, or of any part of a tenancy, the \r\nlandlord may apply to the Revenue -Officer by whom the attachment is to be or has \r\nbeen made to sell the produce and pay to him out of the proceeds of the sale thereof \r\nthe amount or value of– \r\n(a) any rent which has fallen due to him in respect of the tenancy within \r\nthe year immediately preceding the application, and \r\n \r\n44Added ibid. \r\n45Substituted for the words “the Crown, or against any officer of the Crown” by the West Pakistan Laws (Adaption) Order, 1964, \r\n(P.O. No. 1 of 1964), w.e.f. 8.6.1962, s.2 and Schedule; and published in the Gazette of West Pakistan (Extraordinary) dated \r\n3.6.1964, pages 1805-1849. \r\n(b) the rent which will be falling due after the harvesting of the produce and \r\nis chargeable against it. \r\n (2) The Revenue -Officer shall give the person at whose instance the \r\nattachment was made an opportunity of showing cause why the application of the \r\nlandlord should not be granted, and, if he finds the landlord’s c laim to the whole or \r\nany part of the rent to be proved, he shall cause the produce or such portion thereof \r\nas he may deem necessary to be sold, and shall apply the proceeds of the sale in \r\nthe first instance to satisfy the claim. \r\n (3) The finding of the Rev enue-Officer under sub -section (2) shall have \r\nthe force of a decree in a suit between the landlord and the tenant. \r\nLeases for period exceeding term of assessment of land-revenue \r\n34. Treatment of leases for period exceeding or equal to term of assessment \r\nof land-revenue.– (1) Where a lease has been granted, or an agreement has been \r\nentered into, by a land -owner in respect of any land assessed to land -revenue fixing \r\nfor a period exceeding the term for which the land -revenue has been assessed, the \r\nrent or othe r sum payable in respect of the land under the lease or agreement, and \r\nthat term has expired, the lease or agreement shall be voidable– \r\n(a) at the option of the land-owner if the land-revenue of the land has been \r\nenhanced and the person to whom the lease h as been granted or with \r\nwhom the agreement has been entered into refuses to pay such rent or \r\nother sum, as a Revenue Court, on the suit of the land -owner \r\ndetermines to be fair and equitable \r\n46\r\n[or a Revenue -Officer under the \r\nprovisions of section 27-A has determined to be proper]; and \r\nwhere the relation of landlord and tenant exists between the grantor and \r\ngrantee of the lease or between the persons who entered into the agreement– \r\n(b) at the option of the tenant if the land -revenue of the land has been \r\nreduced and the landlord refuses to accept such rent as a Revenue \r\nCourt, on the suit of the tenant, determines to be fair and equitable \r\n47\r\n[or \r\na Revenue -Officer under the provisions of section 27 -A has \r\ndetermined to be proper]. \r\n (2) Any agreement relative to the o ccupation, rent, profits or produce of \r\nany land which has been entered into for the term of the currency of an assessment \r\nshall, unless a contrary intention clearly appears in the agreement or the agreement \r\nis terminated by consent of parties or course of law, continue in force until a revised \r\nassessment takes effect. \r\nCHAPTER IV \r\nRELINQUISHMENT, ABANDONMENT AND EJECTMENT \r\nRelinquishment \r\n \r\n46Inserted by the Punjab Tenancy (Amendment) Act, 1925 (XI of 1925), s.7; and published in the Punjab Gazette \r\n(Extraordinary), dated 22.3.1926. \r\n47Inserted by the Punjab Tenancy (Amendment) Act, 1925 (XI of 1925), s.7; and published in the Punjab Gazette \r\n(Extraordinary), dated 22.3.1926. \r\n35. Relinquishment by tenant for a fixed term .– A tenant holding for a fixed \r\nterm under a contract or a decree or order of c ompetent authority may relinquish his \r\ntenancy without notice at the end of that term. \r\n36. Relinquishment by any other tenant .– (1) Any other tenant may relinquish \r\nhis tenancy by giving verbally or in writing to his landlord, or to his landlord’s agent, \r\non or before the fifteenth day of January in any year, notice of his intention to \r\nrelinquish the tenancy at the end of the agricultural year then current. \r\n (2) The tenant may, instead of or in addition to, giving the notice in the \r\nmanner mentioned in sub -section (1), apply to a Revenue -Officer on or before the \r\ndate aforesaid to cause the notice to be served on the landlord and the Revenue -\r\nOfficer on receiving the cost of service from the tenant, shall cause the notice to be \r\nserved as soon as may be. \r\n (3) If th e tenant does not give notice in the manner prescribed in this \r\nsection, he shall be liable to pay the rent of his tenancy for any part of the ensuing \r\nagricultural year during which the tenancy is not let by the landlord to some other \r\nperson or is not cultivated by the landlord himself. \r\n37. Relinquishment of part only of a tenancy .– A tenant cannot, without the \r\nconsent of his landlord, relinquish a part only of his tenancy. \r\nAbandonment \r\n38. Abandonment of tenancy by occupancy tenant .– (1) If a tenant having a \r\nright of occupancy fails for more than one year without sufficient cause to cultivate \r\nhis tenancy, either by himself or some other person, and to arrange for payment of \r\nthe rent thereof as it falls due, the right of occupancy shall be extinguished from th e \r\nend of that year. \r\n \r\n48\r\n[(2) For the purposes of this section, a muqarraridar shall be deemed to be \r\na tenant having a right of occupancy.]. \r\nLiability to ejectment \r\n39. Grounds of ejectment of occupancy tenant .– (1) A tenant having a right of \r\noccupancy shall b e liable to be ejected from his tenancy on any of the following \r\ngrounds, namely:– \r\n(a) that he has used the land comprised in the tenancy in a manner which \r\nrenders it unfit for the purposes for which he held it; \r\n(b) where rent is payable in kind, that he has without sufficient cause failed \r\nto cultivate that land in the manner or to the extent customary in the \r\nlocality in which the land is situate; \r\n(c) when a decree for an arrear of rent in respect of his tenancy has been \r\npassed against him and remains unsatisfied. \r\n \r\n49\r\n[(2) For the purposes of this section a muqarraridar shall be deemed to be \r\ntenant having a right of occupancy.]. \r\n \r\n48Added by the Punjab Tenancy (Amendment) Act, 1925 (XI of 1925), s.8; and published in the Punjab Gazette (Extraordinary), \r\ndated 22.3.1926. \r\n40. Grounds of ejectment of tenant for a fixed term .– A tenant not having a \r\nright of occupancy but holding for a fixed term under a co ntract or a decree or order \r\nof competent authority, shall be liable to be ejected from his tenancy at the expiration \r\nof that term, and, on any of the following grounds, before the expiration thereof, \r\nnamely:– \r\n(a) that he has used the land comprised in the tenancy in a manner which \r\nrenders it unfit for the purposes for which he held it; \r\n(b) where rent is payable in kind, that he has without sufficient cause failed \r\nto cultivate that land in the manner or to the extent customary in the \r\nlocality in which the land is situate; \r\n(c) on any ground which would justify ejectment under the contract, decree \r\nor order. \r\n41. Ejectment of tenant from year to year .– A tenant who has not a right of \r\noccupancy, and does not hold for a fixed term under a contract or a decree or or der \r\nof competent authority, may be ejected at the end of any agricultural year. \r\nProcedure on ejectment \r\n42. Restriction on ejectment .– A tenant shall not be ejected otherwise than in \r\nexecution of a decree for ejectment, except in the following cases, namely:– \r\n(a) when a decree for an arrear of rent in respect of his tenancy has been \r\npassed against him and remains unsatisfied; \r\n(b) when the tenant has not a right of occupancy and does not hold for a \r\nfixed term under a contract or a decree or order of competent authority. \r\n43. Application to Revenue -Officer for ejectment .– In any such case as is \r\nmentioned in clause (a) or clause (b) of the last foregoing section, the landlord may \r\napply to a Revenue -Officer for the ejectment of the tenant in the case mentioned in \r\nthe former clause or for the service on the tenant of a notice of ejectment in the case \r\nmentioned in the latter clause. \r\n44. Ejectment for failure to satisfy decree for arrear of rent .– (1) On receiving \r\nthe application in any such case as is mentioned in cl ause (a) of section 42, the \r\nRevenue-Officer shall, after such inquiry with respect to the existence of the arrear \r\nas he deems necessary, cause a notice to be served on the tenant, stating the date \r\nof the decree and the amount due thereunder, and informing him that if he does not \r\npay that amount to the Revenue -Officer within fifteen days from receipt of the notice \r\nhe will be ejected from the land. \r\n (2) If the amount is not so paid, the Revenue -Officer shall, subject to the \r\nprovisions of this Act with respect to the payment of compensation, order the \r\nejectment of the tenant unless good cause is shown to the contrary. \r\n45. Ejectment of tenant from year to year by notice .– (1) On receiving the \r\napplication of the landlord in any such case as is mentioned in clause (b) of section \r\n \r\n49Added by the Punjab Tenancy (Amendment) Act, 1925 (XI of 1925), s.9; and published in the Punjab Gazette (Extraordinary), \r\ndated 22.3.1926. \r\n42, the Revenue-Officer shall, if the application is in order and not open to objection \r\non the face of it, cause a notice of ejectment to be served on the tenant. \r\n (2) A notice under sub -section (1) shall not be served after the fifteenth \r\nday of November in any \r\n50\r\n[agricultural] year. \r\n (3) The notice shall specify the name of the landlord on whose application \r\nit is issued, and describe the land to which it relates, and shall inform the tenant that \r\nhe must vacate the land before the first day o f May next following, or that, if he \r\nintends to contest his liability to ejectment, he must institute a suit for this purpose in \r\na Revenue Court within two months from the date of the service of the notice. \r\n (4) The notice shall also inform the tenant that if he does not intend to \r\ncontest his liability to be ejected and he has any claim for compensation on \r\nejectment, he should within two months from the date of the service of the notice \r\nprefer his claim to the Revenue-Officer having authority under the next following sub-\r\nsection to order his ejectment in the circumstances described in that sub-section. \r\n (5) If within two months from the date of the service of the notice the \r\ntenant does not institute a suit to contest his liability to be ejected, a Revenue -\r\nOfficer, on the application of the landlord, shall, subject to the provisions of this Act \r\nwith respect to the payment of compensation, order the ejectment of the tenant: \r\n Provided that the Revenue-Officer shall not make the order until he is satisfied \r\nthat the notice was duly served on the tenant. \r\n (6) If within those two months the tenant institutes a suit to contest his \r\nliability to be ejected and fails in the suit, the Court by which the suit is determined \r\nshall by its decree direct the ejectment of the tenant. \r\n46. Power to make rules .– The \r\n51\r\n[Board of Revenue] may make rules \r\nprescribing– \r\n(a) the form and language of applications and notices under the two last \r\nforegoing sections; and \r\n(b) the manner in which those applications and notices are to be signed \r\nand attested. \r\nGeneral provisions respecting ejectment \r\n47. Time for ejectment.– A decree or order for the ejectment of a tenant shall not \r\nbe executed at any other time than between the first day of May and the fifteenth day \r\nof June (both days inclusive), unless the Court making the decree or where the order \r\nis made under section 44, the officer making the order, otherwise directs. \r\n48. Relief against forfeiture .– (1) If in a suit for the ejectment of a tenant on \r\neither of the grounds mentioned in clauses (a) and (b) of section 39 or of section 40 \r\nit appears to the Court that injury caused by the act or omission on which the suit is \r\nbased is capable of being remedied, or that an award of compensation will be \r\nsufficient satisfaction to the landlord therefor, the Co urt may, instead of making a \r\n \r\n50Inserted by the Amendi ng Act, 1891 (XII of 1891),s.2 and second schedule; and published in the Gazette of India, dated \r\n21.3.1891. \r\n51Substituted for “Financial Commissioner” by the West Pakistan (Adaptation and Repeal of Laws) Act, 1957 (XVI of 1957), \r\nw.e.f. 14.10.1955, s.3 and schedule III; and published in the Gazette of West Pakistan (Extraordinary), pages 709-789. \r\ndecree for the ejectment of the tenant, order him to remedy the injury within a period \r\nto be fixed in the order, or order him to pay into Court, within such a period, such \r\ncompensation as the Court thinks fit. \r\n (2) The Court ma y from time to time, for special reasons, extend a period \r\nfixed by it under sub-section (1). \r\n (3) If within the period, or extended period, as the case may be, fixed by \r\nthe Court under this section, the injury is remedied or the compensation is paid, a \r\ndecree for the ejectment of the tenant shall not be made. \r\n49. Rights of ejected tenants in respect of crops and land prepared for \r\nsowing.– (1) Where at the time of the proposed ejectment of a tenant from any land, \r\nhis uncut or ungathered crops are standing on any part thereof, he shall not be \r\nejected from that part until the crops have ripened and he has been allowed a \r\nreasonable time to harvest them. \r\n (2) The Court or Revenue -Officer decreeing or ordering the ejectment of \r\nthe tenant may, on the application of the landlord, determine any dispute arising in \r\nconsequence of the provisions of sub -section (1) between the landlord and tenant or \r\nbetween the landlord and any person entitled to harvest the crops of the tenant, and \r\nmay in its or his discretion– \r\n(a) direct that the tenant pay for the longer occupation of the land secured \r\nto him under sub-section (1) such rent as may be fair and equitable, or \r\n(b) determine the value of the tenant’s uncut and ungathered crops, and, \r\non payment thereof by the landlord to the C ourt or Revenue -Officer, \r\nforthwith eject the tenant. \r\n (3) When a tenant for whose ejectment proceedings have been taken has, \r\nconformably with local usage, prepared for sowing any land comprised in his \r\ntenancy, but has not sown or planted crops on that land , he shall be entitled to \r\nreceive from the landlord before ejectment a fair equivalent in money for the labour \r\nand capital expended by him in so preparing the land, and the Court or Revenue -\r\nOfficer before which or whom the proceedings are pending shall, on the application \r\nof the tenant, determine the sum payable to the tenant under this sub -section and \r\nstay his ejectment until that sum has been paid to him. \r\nRelief for wrongful dispossession \r\n50. Relief of wrongful dispossession or ejectment .– In either of th e following \r\ncases, namely:– \r\n(a) if a tenant has been dispossessed without his consent of his tenancy or \r\nany part thereof otherwise than in execution of a decree or than in \r\npursuance of an order under section 44 or section 45, \r\n(b) if a tenant who, not havin g instituted a suit under section 45, has been \r\nejected from his tenancy or any part thereof in pursuance of an order \r\nunder that section denies his liability to be ejected, \r\nthe tenant may, within one year from the date of his dispossession or ejectment, \r\ninstitute a suit for recovery of possession or occupancy, or for compensation, or for \r\nboth. \r\n52\r\n[50-A. Bar to civil suits .– No person whose ejectment has been ordered by a \r\nRevenue Court under section 45, sub -section (6), or whose suit has been dismissed \r\nunder se ction 50, may institute a suit in a Civil Court to contest his liability to \r\nejectment, or to recover possession or occupancy rights, or to recover \r\ncompensation.]. \r\n51. Bar of relief by suit under section 9, Act I of 1877 .– Possession of a \r\ntenancy or of any land comprised in a tenancy shall not be recoverable under section \r\n9 of the Specific Relief Act, 1877, by a tenant dispossessed thereof. \r\nPower to vary dates prescribed by this Chapter \r\n52. Power of Provincial Government to fix dates for certain purposes .– (1) \r\nThe \r\n53\r\n[Provincial Government] may, for all or any of the territories under its \r\nadministration, by notification, fix for the purposes of sections 36, 46 and 47, or of \r\nany of those sections, any other dates instead of those specified therein. \r\n (2) A notifi cation under this section shall not take effect till after the \r\nexpiration of six months from the date of the publication thereof. \r\nCHAPTER V \r\nALIENATION OF, AND SUCCESSION TO, RIGHT OF OCCUPANCY \r\nAlienation \r\n54\r\n[52-A. Provisions of Chapter V not to apply to muqa rraridars.– The provisions \r\nof this Chapter shall not apply to muqarraridars.]. \r\n53. Private transfer of right of occupancy under section 5 by tenant .– (1) A \r\ntenant having right of occupancy under section 5 may transfer that right by sale, gift \r\nor mortgage, subject to the conditions mentioned in the section. \r\n (2) If he intends to transfer the right by sale, gift, mortgage by conditional \r\nsale or usufructuary mortgage, he shall cause notice of his intention to be served on \r\nhis landlord through a Revenue -Officer, and shall defer proceeding with the transfer \r\nfor a period of one month from the date on which the notice is served. \r\n (3) Within that period of one month the landlord may claim to purchase the \r\nright at such value as a Revenue -Officer may, on application m ade to him in this \r\nbehalf, fix. \r\n (4) When the application to the Revenue-Officer is to fix the value of a right \r\nof occupancy which is already mortgaged, he shall fix the value of the right as if it \r\nwere not mortgaged. \r\n (5) The landlord shall be deemed to h ave purchased the right if he pays \r\nthe value to the Revenue-Officer within such time as that officer appoints. \r\n \r\n52Inserted by the Punjab Tenancy (Amendment) Act, 1929 (V of 1929), s.2; and published in the Punjab Gazette \r\n(Extraordinary), dated 6.9.1929. \r\n53Substituted for “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, w.e.f. 1.4.1937, \r\nArticle 4 and Table of General Adaptations as amended by the Government of India (Adaptation of Indian Laws) Supplementary \r\nOrder, 1937. \r\n54Inserted by the Punjab Tenancy (Amendment) Act, 1925 (XI of 1925), s.10; and published in the Punjab Gazette \r\n(Extraordinary), dated 22.3.1926. \r\n (6) On the value being so paid, the right of occupancy shall be extinct, and \r\nthe Revenue -Officer shall, on the application of the landlord, put the landlord in \r\npossession of the tenancy. \r\n (7) If the right of occupancy was already mortgaged, the tenancy shall \r\npass to the landlord unencumbered by the mortgage, but the mortgage -debt shall be \r\na charge on the purchase money. \r\n (8) If there is no such ch arge as aforesaid the Revenue -Officer shall, \r\nsubject to any directions which he may receive from any Court, pay the purchase -\r\nmoney to the tenant. \r\n (9) If there is such a charge, the Revenue -Officer shall, subject as \r\naforesaid, either apply in discharge of the mortgage-debt so much of the purchase -\r\nmoney as is required for that purpose and pay the balance, if any, to the tenant, or \r\nretain the purchase-money pending the decision of a Civil Court as to the person or \r\npersons entitled thereto. \r\n (10) Where there a re several landlords of a tenancy, any one of them may \r\nbe deemed to be the landlord for the purposes of this section. \r\n (11) No suit or other proceeding shall be instituted against \r\n55\r\n[Government, or \r\nagainst any servant of the State], in respect of anything d one by a Revenue -Officer \r\nunder the two last foregoing sub -sections, but nothing in this sub -section shall \r\nprevent any person entitled to receive the whole or any part of the purchase -money \r\nfrom recovering it from a person to whom it has been paid by a Revenue-Officer. \r\n54. Procedure on foreclosure of mortgage of right of occupancy under \r\nsection 5.– Where a mortgagee of a right of occupancy under section 5 proposes to \r\nforeclose his mortgage, or otherwise enforce his lien on the land subject to the right, \r\nthe provisions of the last foregoing section shall, so far as they can be made \r\napplicable, apply as if the mortgagee were the tenant. \r\n55. Sale of right of occupancy under section 5 in execution of decree .– (1) A \r\nright of occupancy under section 5 may be sold in execution of a decree or order of a \r\nCourt. \r\n (2) But notice of an intended sale of any such right shall be given by the \r\nCourt to the landlord, and, if at any time before the close of the day on which the sale \r\ntakes place the landlord pays to the Court or to the officer conducting the sale a \r\ndeposit of twenty -five per centum on the highest bid made at the sale, he shall be \r\ndeclared to be the purchaser instead of the person who made that bid. \r\n56. Transfer of right of occupancy under any other section than se ction 5.– \r\nA right of occupancy under any other section than section 5 shall not be attached or \r\nsold in execution of a decree or order of any Court or, without the previous consent \r\nin writing of the landlord, be transferred by private contract. \r\n57. Rights and liabilities of transferee of right of occupancy.– When a right of \r\noccupancy has been transferred by sale, gift or usufructuary mortgage to a person \r\nother than the landlord, that person shall, in respect of the land in which the right \r\n \r\n55Substituted for the words “the Crown, or against any officer of the Crown” by the West Pakistan Laws (Adaption) Order, 1964, \r\n(P.O. No. 1 of 1964), w.e.f. 8.6.1962, s.2 and Schedule; and published in the Gazette of West Pakistan (Extraordinary) dated \r\n3.6.1964, pages 1805-1849. \r\nsubsists, have the same rights, and be subject to the same liabilities as the tenant to \r\nwhom before the transfer of the right had belonged, and was subject to. \r\n58. Sub-letting.– (1) A tenant having a right of occupancy in land may, subject to \r\nthe provisions of this Act and t o the conditions of any written contract between him \r\nand his landlord, sublet the land or any part thereof for any term not exceeding \r\nseven years. \r\n (2) A person to whom land is sublet by a tenant having a right of \r\noccupancy therein shall, in respect of tha t land, and so far as regards the landlord, \r\nbe, jointly with the tenant, subject to all the liabilities of the tenant under this Act. \r\n56\r\n[58-A. Transfer of right of occupancy under any section of the Act by \r\nexchange.– (1) Any tenant with a right of occupancy may, with the consent of his \r\nlandlord, transfer his land to all the members of a Co -operative Society for the \r\nConsolidation of Holdings of which both he and his landlord are members and obtain \r\nfrom them any other land in exchange. \r\n (2) Notwithstanding anything contained in this Act or any other enactment \r\nin force, any land obtained in exchange in pursuance of the provisions of sub -section \r\n(1) shall be deemed to be subject to the same right of occupancy as the land given \r\nfor it in exchange.]. \r\nSuccession \r\n57\r\n[59. Succession to right of occupancy .– (1) When a Muslim tenant having a \r\nright of occupancy in any land dies, the right shall devolve on his heirs in accordance \r\nwith the provisions of the Muslim Personal Law (Shariat): \r\n Provided that when the occupancy righ ts are held by a female as a limited \r\nowner under Customary Law, succession shall open out on the termination of her \r\nlimited interest to all persons who would have been entitled to inherit the property at \r\nthe time of the death of the last full owner had the Muslim Personal Law (Shariat) \r\nbeen applicable at the time of such death, and in the event of the death of any of \r\nsuch persons before the termination of the limited interest mentioned above, \r\nsuccession shall devolve on his heirs and successors existing at the time of the \r\ntermination of the limited interest of the female as if the aforesaid such person had \r\ndied at the termination of the limited interest of the female and had been governed \r\nby the Muslim Personal Law (Shariat): \r\n Provided further that the share which the female limited owner would have \r\ninherited had the Muslim Personal Law (Shariat) been applicable at the time of the \r\ndeath of the last full owner shall devolve on her if she loses her limited interest in the \r\nproperty on account of her marriage or remarriage and on her heirs under the \r\nMuslim Personal Law (Shariat) if her limited interest terminates because of her \r\ndeath. \r\n (2) When a non -Muslim tenant having a right of occupancy dies, the right \r\nshall devolve– \r\n \r\n56Inserted by the Punjab Tenancy (Amendment) Act, 1927 (II of 1927), w.e.f. 1.4.1920, s.2; and published in the Pu njab \r\nGazette, dated 201.1928. \r\n57Substituted by the Punjab Tenancy (Amendment) Act, 1951 (IV of 1951), s.2; and published in the Punjab Gazette \r\n(Extraordinary), dated 23.1.1951, pages 15-16. \r\n(a) on his male lineal descendants, if any, in the male line of descent; and \r\n(b) failing such descendants, on his widow, if any, until she dies or \r\nremarries or abandons the land or is under the provisions of this Act \r\nejected therefrom; and \r\n(c) failing such descendants and widow or on his widowed m other, if any, \r\nuntil she dies or remarries or abandons the land or is under the \r\nprovisions of this Act ejected therefrom; and \r\n(d) failing such descendants and widow, or widowed mother or if the \r\ndeceased tenant left a widow or widowed mother, then when her \r\ninterest terminates under clause (b) or (c) of this sub -section, on his \r\nmale collateral relatives in the male line of descent from the common \r\nancestor of the deceased tenant and those relatives: \r\n Provided with respect to clause (b) (d) of this sub -section, that the common \r\nancestor occupied the land. \r\nExplanation.– For the purpose of clause (d), land obtained in exchange by the \r\ndeceased tenant or any of his predecessors -in-interest in pursuance of the \r\nprovisions of sub-section (1) of section 58-A shall be deemed to have been occupied \r\nby the common ancestor if the land given for it in exchange was occupied by him. \r\n (3) As among descendants and collateral relatives claiming under sub -\r\nsection (2) the right shall, subject to the provisions of that sub-section, devolve as if it \r\nwere land left by the deceased in the village in which the land subject to the right is \r\nsituate. \r\n (4) When the widow of a deceased tenant succeeds to a right of \r\noccupancy under sub -section (2), she shall not transfer the right by sale, gift o r \r\nmortgage or by sub-lease for a term exceeding one year. \r\n (5) If a deceased tenant has left no person on whom his right of occupancy \r\nmay devolve under sub -section (1) or sub -section (2), as the case may be, the right \r\nshall be extinguished.]. \r\nIrregular transfers \r\n60. Irregular transfer of right of occupancy. – Any transfer made of a right of \r\noccupancy in contravention of the foregoing provisions of this Chapter shall be \r\nvoidable at the instance of the landlord. \r\n58\r\n[CHAPTER V-A] \r\n59\r\n[Succession to non-occupancy tenancies] \r\n60\r\n[60-A. Succession to non-occupancy tenancies.– (1) Where a tenant, not being \r\na tenant of land reserved by the landlord for personal cultivation under any law for \r\n \r\n58Inserted by the Punjab Tenancy (Amendment) Act, 1952 (VII of 1952) , w.e.f.4.2.1952, s.3; and published in the Punjab \r\nGazette (Extraordinary), pages 85-92. \r\n59Inserted by the Punjab Laws (Adaption, Revision and Repeal) Act, 1954 (XV of 1955), w.e.f.21.1.1955, s.2 and first schedule; \r\nand published in the Punjab Gazette (Extraordinary), pages 87-108. \r\n60Inserted by the Punjab Tenancy (Amendment) Act, 1952 (VII of 1952), w.e.f.4.2.1952, s.3; and published in the Punjab \r\nGazette (Extraordinary), pages 85 -92. By order of the Shariat Appellate Bench of the Supreme Court of Pakistan r eported in \r\nPLD 1990 SC 99, the provisions of whole of section 60-A of the Punjab Tenancy Act, 1887 in so far as it makes non-occupancy \r\ntenancy heritable in respective of the terms of the contract, were held repugnant to the Injunctions of Islam and they ce ased to \r\nhave effect on 23rd March, 1990. \r\nthe time being in force, not having a right of occupancy and not holding land for an y \r\nfixed term under a contract or a decree or order of a competent authority dies, the \r\ntenancy shall, notwithstanding anything to the contrary in any law for the time being \r\nin force, devolve on his preferred heir, if any, and failing such preferred heir on his \r\neldest male child. \r\nExplanation.– A preferred heir means any male child named in writing by the \r\ndeceased tenant as such. \r\n (2) If the deceased tenant has left no such persons as are mentioned in \r\nsub-section (1) on whom the right of tenancy may devolve un der that sub -section, \r\nthe right shall be extinguished.]. \r\nCHAPTER VI \r\nIMPROVEMENTS AND COMPENSATION \r\nImprovements by landlords \r\n61. Improvements by landlords on tenancies of occupancy tenants .– (1) \r\nWithout the previous permission of the Collector, a landlord s hall not make an \r\nimprovement on the tenancy of a tenant having a right of occupancy. \r\n (2) If a landlord desires to make such an improvement, he may apply to \r\nthe Collector for permission to make it, and the Collector shall, before making an \r\norder on the application, hear the objection, if any, of the tenant. \r\n (3) In making an order on an application under sub -section (2) the \r\nCollector shall be guided by such rules, if any, as the \r\n61\r\n[Provincial Government] may \r\n62\r\n[* * *] make in this behalf. \r\n62. Enhancement of r ent in consideration of an improvement made by a \r\nlandlord on the tenancy of an occupancy tenant .– (1) When a landlord has, with \r\nthe permission mentioned in the last foregoing section, made an improvement on the \r\ntenancy of a tenant having a right of occupan cy, he may apply to the Collector for an \r\nenhancement of the rent of the tenant. \r\n (2) If the tenant is a tenant to whom section 20 applies, the Collector shall \r\nenhance his rent to the share or rates, or with reference to the rent in gross, as the \r\ncase may b e, paid by tenants, having a similar right of occupancy, for land of a \r\nsimilar description and with similar advantages. \r\n (3) If the tenant is a tenant to whom section 22 applies, the Collector shall \r\nenhance his rent to such amount as the tenant would be li able to pay under that \r\nsection if the land-revenue were reassessed. \r\n (4) When the improvement ceases to exist, the Collector may, on the \r\napplication of the tenant, reduce the tenant’s rent– \r\n(a) in the case of a tenant to whom sub -section (2) applies, to the share or \r\nrates, or with reference to the rent in gross, as the case may be, paid \r\n \r\n61Substituted for “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, w.e.f. 1.4.1937, \r\nArticle 4 and Table of General Adaptations as amended by the Government of India (Adaptation of Indian Laws) Supplementary \r\nOrder, 1937.. \r\n62Omitted the words “with the previous sanction of the Governor General in Council” by the Decentralization Act, 1914 (IV of \r\n1914), s.2 and the Schedule; and published in the Gazette of India, dated 24.2.1914. \r\nby tenants, having a similar right of occupancy for land of a similar \r\ndescription and with similar advantages; and \r\n(b) in the case of a tenant to whom sub -section (3) applie s, to such an \r\namount as the tenant would be liable to pay if the land -revenue were \r\nre-assessed. \r\n (5) Sections 25 and 26 shall be construed as applying to an application, \r\nunder this section, and a suit shall not lie in any Court for any purpose for which an \r\napplication might be made under this section. \r\nImprovements by tenants \r\n63. Title of occupancy tenant to make improvements .– A tenant having a right \r\nof occupancy is entitled to make improvements on his tenancy. \r\n64. Title of tenants not having right of occup ancy to make improvements .– \r\n(1) A tenant not having a right of occupancy may make improvements on his tenancy \r\nwith the assent of his landlord. \r\n (2) If at any time the question arises whether or not the landlord assented \r\nto the making of an improvement by a tenant not having a right of occupancy, the \r\nassent may be inferred from circumstances. \r\n65. Improvements made before commencement of this Act .– Improvements \r\nmade by a tenant before the commencement of this Act shall be deemed to have \r\nbeen made in accordanc e with this Act, unless in the case of a tenant not having a \r\nright of occupancy it is shown that the improvement was made in contravention of a \r\nwritten agreement between him and his landlord. \r\n66. Improvements begun in anticipation of ejectment .– A tenant e jected in \r\nexecution of a decree, or in pursuance of a notice of ejectment, shall not be entitled \r\nto compensation for any improvement begun by him after the institution of the suit, or \r\nservice of the notice, which resulted in his ejectment. \r\n67. Tender of le ase for twenty years to tenant to be a bar to right to \r\ncompensation.– If a landlord tenders to a tenant lease of his tenancy for a term of \r\nnot less than twenty years from the date of the tender at the rent then paid by the \r\ntenant or of such other rent as m ay be agreed on, the tender, if accepted by the \r\ntenant, shall bar any claim by him to compensation in respect of improvement \r\npreviously made on the tenancy. \r\n68. Liability to pay compensation for improvements to tenants on ejectment \r\nor on enhancement of his rent.– Subject to the foregoing provisions of this \r\nChapter, a tenant who has made an improvement on his tenancy in accordance with \r\nthis Act shall not be ejected, and the rent payable by him shall not be enhanced, until \r\nhe has received compensation for the improvement. \r\nCompensation for disturbance of clearing tenants \r\n69. Compensation for disturbance of clearing tenants .– (1) A tenant who has \r\ncleared and brought under cultivation waste land in which he has not a right of \r\noccupancy shall, if ejected from that land, be entitled to receive from the landlord as \r\ncompensation for disturbance, in addition to any compensation for improvements, a \r\nsum to be determined by Revenue Court or Revenue -Officer in accordance with the \r\nmerits of the case, but not exceeding five years’ rent of the land: \r\n Provided that a tenant who is a joint owner of land to which this section \r\napplies shall not be entitled to compensation for disturbance on ejectment from the \r\nland or any part thereof. \r\n (2) If rent has been paid for the land by div ision or appraisement of the \r\nproduce or by rates fixed with reference to the nature of the crops grown, or if no \r\nrent, or no rent other than the land -revenue of the land and the rates and cesses \r\nchargeable thereon, has been paid therefor, the compensation may be computed as \r\nif double the amount of the land-revenue of the land were the annual rent thereof: \r\n \r\n63\r\n[Provided that in any estate of which the assessment has been confirmed on \r\nor after the twenty -second day of February, 1929, the compensation may be \r\ncomputed as if four times the amount of the land -revenue of the land were the \r\nannual rent thereof.]. \r\nProcedure in determining compensation \r\n70. Determination of compensation by Revenue Courts.– (1) In every suit by a \r\ntenant to contest his liability to ejectmen t or by a landlord to eject tenant or to \r\nenhance his rent, the Court shall direct the tenant to file a statement of his claim, if \r\nany, to compensation for improvement or for disturbance and of the grounds thereof. \r\n (2) If the Court decrees the ejectment of the tenant or the enhancement of \r\nhis rent, it shall determine the amount of compensation, if any, due to the tenant, and \r\nshall stay execution of the decree until the landlord pays into Court that amount less \r\nany arrears of rent or costs proved to the sati sfaction of the Court to be due to him \r\nfrom the tenant. \r\n71. Determination of compensation by Revenue -Officers.– In either of the \r\nfollowing cases, namely:– \r\n(a) when a notice has been served on a tenant under section 44, \r\n(b) when a notice of ejectment has be en served on a tenant under section \r\n45 and the tenant has not instituted a suit to contest his liability to be \r\nejected, \r\nthe tenant may apply to the Revenue -Officer having authority to order his ejectment \r\nunder section 44 or section 45, as the case may be, to determine the amount of \r\ncompensation due to him for improvements or for disturbance, or for both, and the \r\nRevenue-Officer shall determine the amount, if any, accordingly and stay the \r\nejectment of the tenant until the landlord pays to the Revenue -Officer the amount so \r\ndetermined less any arrears of rent or costs proved to the satisfaction of the \r\nRevenue-Officer to be due to the landlord from the tenant. \r\n72. Matters to be regarded in assessment of compensation for \r\nimprovements.– In estimating the compensat ion to be awarded under this Chapter \r\nto a tenant for an improvement, the Court or Revenue-Officer shall have regard to– \r\n \r\n63Inserted by the Punjab Tenancy (Amendment) Act, 1933 (IV of 1933), s.2; and published in the Punjab Gazette \r\n(Extraordinary), dated 5.10.1933, pages. \r\n(a) the amount by which the value or the produce of the tenancy, or the \r\nvalue of that produce is increased by the improvement; \r\n(b) the condition of the improvement and the probable duration of its effect; \r\n(c) the labour and capital required for the making of such an improvement; \r\n(d) any reduction or remission of rent or other advantage allowed to the \r\ntenant by the landlord in consideration of the improvement; and \r\n(e) in the case of reclamation, or of the conversion of unirrigated into \r\nirrigated land, the length of time during which the tenant has had the \r\nbenefit of the improvement. \r\n73. Form of compensation .– (1) The compensation shall be ma de by payment \r\nin money, unless the parties agree that it be made in whole or in part by the grant of \r\na beneficial lease of land or in some other way. \r\n (2) If the parties so agree, the Court or Revenue -Officer shall make an \r\norder accordingly. \r\nRelief in case of ejectment before determination of compensation \r\n74. Relief in case of ejectment before determination of compensation .– (1) If \r\nfrom any cause the amount of compensation payable to a tenant– \r\n(a) under this Chapter for improvements or disturbance, or \r\n(b) under section 49 for the value of uncut or ungathered crops or the \r\npreparation of land for sowing, \r\nhas not been determined before the tenant is ejected, the ejectment shall not be \r\ninvalidated by reason of the omission, but the Court or Revenue -Officer which \r\ndecreed or who ordered the ejectment may, on application made by the tenant within \r\none year from the date of ejectment, correct the omission by making in favour of the \r\ntenant an order for the payment to him by the landlord of such compensation as the \r\nCourt or Officer may determine the tenant to be entitled to. \r\n (2) An order made under sub -section (1) may be executed in the same \r\nmanner as a decree for money may be executed by a Revenue Court. \r\nCHAPTER VII \r\nJURISDICTION AND PROCEDURE \r\nJurisdiction \r\n75. Revenue-Officers.– (1) There shall be the same classes of Revenue -Officers \r\nunder this Act as under the Punjab Land Revenue Act, \r\n64\r\n[1967], and, in the absence \r\nof any order of the \r\n65\r\n[Provincial Government] to the contrary, a Revenue -Officer of \r\nany class having jurisdic tion within any local limits under that Act shall be a \r\nRevenue-Officer of the same class having jurisdiction within the same local limits \r\nunder this Act. \r\n \r\n64Substituted for the figure “1887” by the Punjab Tenancy (Amendment) Ordinance, 2001 (LVI of 2001), w.e.f.14. 8.2001, s.5; \r\nand published in the Punjab Gazette (Extraordinary), dated 22.12.2001, pages 2313-2315. \r\n65Substituted for “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, w.e.f. 1.4.1937, \r\nArticle 4 and Table of General Adaptations as amended by the Government of India (Adaptation of Indian Laws) Supplementary \r\nOrder, 1937. \r\n (2) The expressions “Collector” and \r\n66\r\n[Board of Revenue] have the same \r\nmeaning in this Act as in the Punjab Land Revenue Act, \r\n67\r\n[1967]. \r\n76. Applications and proceedings cognizable by Revenue -Officers.– (1) The \r\nfollowing applications and proceedings shall be disposed of by Revenue -Officers as \r\nsuch, and no Court shall take cognizance of any dispute or matter with respect to \r\nwhich any such application or proceeding might be made or had:– \r\nFIRST GROUP \r\n(a) proceedings under section 27 for the adjustment of rents expressed in \r\nterms of the land-revenue; \r\n68\r\n[(aa) proceedings under section 27 -A for the adjustment of ren ts of \r\noccupancy tenants in the Attock District \r\n69\r\n[;]] \r\n(b) proceedings relating to the remission and suspension of rent under \r\nsection 30; \r\n(c) applications under section 43 for the ejectment of a tenant against \r\nwhom a decree for an arrear of rent in respect o f his tenancy has been \r\npassed and remains unsatisfied; \r\n(d) applications under section 45, sub -section(5), for the ejectment of a \r\ntenant on whom a notice of ejectment has been served and who has \r\nnot instituted a suit to contest his liability to be ejected b ut has claimed \r\ncompensation under section 71; \r\n(e) applications under section 53 or section 54 for the fixing of the value of \r\na right of occupancy; \r\n(f) applications under section 53 or section 54 by landlords for possession \r\nof land, the right of occupancy in which has become extinct; \r\n(g) proceedings under Chapter VI with respect to the award of \r\ncompensation for improvements or disturbance; \r\nSECOND GROUP \r\n(h) applications under section 17 with respect to the division or \r\nappraisement of produce; \r\n(i) application under section 45, sub -section (5), for the ejectment of a \r\ntenant on whom a notice of ejectment has been served and who has \r\nnot instituted a suit to contest his liability to be ejected and has not \r\nclaimed compensation under section 71; \r\n(j) applications for the determination– \r\n \r\n66Substituted for “Financial Commissioner” by the West Pakistan (Adaptation and Repeal of Laws) Act, 1957 (XVI of 1957), \r\nw.e.f. 14.10.1955, s.3 and schedule III; and published in the Gazette of West Pakistan (Extraordinary), pages 709- 789. \r\n67Substituted for the figure “1887” by the Punjab Tenancy (Amendment) Ordinance, 2001 (LVI of 2001), w.e.f.14.8.2001, s.5; \r\nand published in the Punjab Gazette (Extraordinary), dated 22.12.2001, pages 2313-2315. \r\n68Inserted by the Punjab Tenancy (Amendment) Act, 1925 (XI of 1925), s.11; and published in the Punjab Gazette \r\n(Extraordinary), dated 22.3.1926. \r\n69Misprinted in the Gazette as “full-stop”. \r\n(i) under section 49 of the rent payable for land occupied by crops uncut \r\nor ungathered at the time of an order made for the ejectment of a \r\ntenant, or \r\n(ii) under section 49 or section 74 of the value of such crops or of the sum \r\npayable t o the tenant for labour and capital expended by him in \r\npreparing land for sowing; \r\nTHIRD GROUP \r\n(k) applications under section 31 by tenants to deposit rent; \r\n(l) applications under section 36 for service of notice of relinquishment; \r\n(m) applications under section 43 for service of notice of ejectment; \r\n(n) applications under section 53 or section 54 for service of notice of \r\nintended transfer or of intended foreclosure or other enforcement of \r\nlien. \r\n (2) Except as otherwise provided by any rule made by the \r\n70\r\n[Board of \r\nRevenue] in this behalf– \r\n(a) a Collector or an Assistant Collector of the first grade may dispose of \r\nany of the applications and proceedings mentioned in sub-section(1); \r\n(b) an Assistant Collector of the second grade, not being Naib -Tehsildar, \r\nmay di spose of any of the applications mentioned in the second and \r\nthird groups of that sub-section; and \r\n(c) a Naib Tehsildar, when invested with the powers of an Assistant \r\nCollector of the second grade, may dispose of any of the applications \r\nmentioned in the third group of that sub-section. \r\n77. Revenue Courts and suits cognizable by them .– (1) When a Revenue -\r\nOfficer is exercising jurisdiction with respect to any such suit as is described in sub -\r\nsection (3), or with respect to an appeal or other proceeding arisin g out of any such \r\nsuit, he shall be called a Revenue Court. \r\n (2) There shall be the same classes of Revenue Courts as of Revenue -\r\nOfficers under this Act, and, in the absence of any order of the \r\n71\r\n[Provincial \r\nGovernment] to the contrary, a Revenue -Officer of any class having jurisdiction \r\nwithin any local limits under this Act shall be a Revenue Court of the same class \r\nhaving jurisdiction within the same local limits. \r\n (3) The following suits shall be instituted in, and heard and determined by, \r\nRevenue Courts, and no other Court shall take cognizance of any dispute or matter \r\nwith respect to which any such suit might be instituted:– \r\n \r\n72\r\n[Provided that– \r\n \r\n70Substituted for “Financial Commissioner” by the West Pakistan (Adaptation and Repeal of Laws) Act, 1957 (XVI of 1957), \r\nw.e.f. 14.10.1955, s.3 and schedule III; and published in the Gazette of West Pakistan (Extraordinary), pages 709- 789. \r\n71Substituted for “Local Government” by the G overnment of India (Adaptation of Indian Laws) Order, 1937, w.e.f. 1.4.1937, \r\nArticle 4 and Table of General Adaptations as amended by the Government of India (Adaptation of Indian Laws) Supplementary \r\nOrder, 1937. \r\n72Added by the Punjab Tenancy (Amendment) Ac t, 1912 (III of 1912), w.e.f. 24.5.1912, s.2; and published in the Punjab \r\nGazette (Extraordinary), pages. \r\n(1) Procedure where revenue matter is raised in a Civil Court. – where in a \r\nsuit cognizable by and instituted in a Civil Court it becomes necessary \r\nto decide any matter which can under this sub -section be heard and \r\ndetermined only by a Revenue Court, the Civil Court shall endorse \r\nupon the plaint the nature of the matter for decision and the particulars \r\nrequired by Ord er VII, rule 10, Civil Procedure Code (Indian Act V of \r\n1908), and return the plaint for presentation to the Collector; \r\n(2) on the plaint being presented to the Collector, the Collector shall \r\nproceed to hear and determine the suit where the value thereof \r\nexceeds \r\n73\r\n[rupees ten thousand] or the matter involved is of the nature \r\nmentioned in section 77(3), First Group, of the Punjab Tenancy Act, \r\n1887 (Indian Act XVI of 1887), and in other case may send the suit to \r\nan Assistant Collector of the first grade for decision.] \r\nFIRST GROUP \r\n(a) suits between landlord and tenant for enhancement or reduction of rent \r\nunder section 24; \r\n(b) suits between landlord and tenant for addition to or abatement of rent \r\nunder section 28 or for commutation of rent; \r\n(c) suits under section 34 for the determination of rent or other sum on the \r\nexpiration of the term of an assessment of land -revenue \r\n74\r\n[and suits \r\nrelating to the rent to be paid under a mortgage made in accordance \r\nwith form (c) as prescribed by section 6 of the Punjab Alienation of \r\nLand Act, 1900]; \r\nSECOND GROUP \r\n(d) suits by a tenant to establish a claim to a right of occupancy, or by a \r\nlandlord to prove that a tenant has not such a right; \r\n(e) suits by a landlord to eject a tenant; \r\n(f) suits by a tenant under section 45 to contest liability to ejectment, when \r\nnotice of ejectment has been served; \r\n(g) suits by a tenant under section 50 for recovery of possession or \r\noccupancy, or for compensation, or for both; \r\n(h) suits by a landlord to set aside a transfer made of a right of occupancy , \r\nor to dispossess a person to whom such a transfer has been made, or \r\nfor both purposes; \r\n(i) any other suit between landlord and tenant arising out of the lease or \r\nconditions on which a tenancy is held; \r\n(j) suits for sums payable on account of village cess es or village \r\nexpenses; \r\n \r\n73Substituted, for “Rs. 1000”, by the Punjab Tenancy (Amendment) Ordinance, 1980 (IX of 1980), w.e.f. 4.9.1980, s.2; and \r\npublished in the Punjab Gazette (Extraordinary) pages 906-D-906-E . \r\n74Added by the Punjab Alienation of Land Act, 1900 (XIII of 1900). \r\n(k) suits by a co -sharer in an estate or holding for a share of the profits \r\nthereof or for a settlement of accounts; \r\n(l) suits for the recovery of over payments of rent or land -revenue or of \r\nany other demand for which a suit lies in a Revenue Court under this \r\nsub-section; \r\n(m) suits relating to the emoluments of kanungos \r\n75\r\n[* * *] or village officers; \r\nTHIRD GROUP \r\n(n) suits by a landlord for arrears of rent or the money equivalent of rent, or \r\nfor sums recoverable under section 14; \r\n(o) suits by a landowner to recover moneys claimed as due for the \r\nenjoyment of rights in or over land or in water, including rights of \r\nirrigation, rights over fisheries, rights of pasturage and forest rights; \r\n(p) suits for sums payable on account of land -revenue or of any other \r\ndemand recoverable as an arrear of land -revenue under any \r\nenactment for the time being in force, and by a superior land -owner for \r\nother sums due to him as such. \r\n (4) Except as otherwise provided by any rule made by the \r\n76\r\n[Board of \r\nRevenue] in this behalf– \r\n(a) a Collector may hear and determine any of the suits mentioned in sub -\r\nsection (3); \r\n(b) an Assistant Collector of the first grade may hear and determine any of \r\nthe suits mentioned in the second and third groups of that sub -section, \r\nand, if he has by name been specially empowered in this behalf by the \r\n77\r\n[Provincial Government], any of the suits mentioned in the first group; \r\nand \r\n(c) an Assistant Collector of the second grade may hear and determine \r\nany of the suits mentioned in the third group. \r\n \r\n78\r\n[(5) The limitation for suits mentioned in sub -section (3) (Third Group), \r\nclause (n), shall be one year from the day the rent or money equivalent to rent or \r\nsums recoverable become due.] \r\nAdministrative control \r\n78. Superintendence and control of Revenue-Officers and Revenue Courts.– \r\n(1) The general superintendence and control over all \r\n79\r\n[* * *] Revenue -Officers and \r\n \r\n75Omitted the words and comma “, zaildars, inamdars” by the Punjab Tenancy (Amendment) Ordinance, 2001 (LVI of 2001), \r\nw.e.f.14.8.2001, s.6; and published in the Punjab Gazette (Extraordinary), dated 22.12.2001, pages 2313-2315. \r\n76Substituted for “Financial Commissioner” by the West Pakistan (Adaptation and Repeal of Laws) Act, 1957 (XVI of 1957), \r\nw.e.f. 14.10.1955, s.3 and schedule III; and published in the Gazette of West Pakistan (Extraordinary), pages 709- 789. \r\n77Substituted for “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, w.e.f. 1.4.1937, \r\nArticle 4 and Table of General Adaptations as amended by the Government of India (Adaptation of Indian Laws) Supplementary \r\nOrder, 1937. \r\n78Added by the Punjab Tenancy (Amendment) Act, 1977 (IV of 1977), w.e.f.5.1.1977, s. 2; and published in the Punjab Gazette \r\n(Extraordinary),dated 14.6.1977, pages 815-816. \r\n79Omitted the word “other” by the West Pakistan (Adaptation and Repeal of Laws) Act, 1957 (XVI of 1957), w.e.f. 14.10.1955, \r\ns.3 and schedule III; and published in the Gazette of West Pakistan (Extraordinary), pages 709-789. \r\nRevenue Courts shall be vested in, and all such officers and Courts shall be \r\nsubordinate to the \r\n80\r\n[Board of Revenue]. \r\n (2) Subject to the gene ral superintendence and control of the \r\n81\r\n[Board of \r\nRevenue], \r\n82\r\n[a Commissioner] shall control all other Revenue -Officers and Revenue \r\nCourts in his division. \r\n (3) Subject as aforesaid and to the control of \r\n83\r\n[the Commissioner] , a \r\nCollector shall control all other Revenue-Officer and Revenue Courts in his district. \r\n79. Power to distribute business and withdraw and transfer cases .– (1) The \r\n84\r\n[Board of Revenue] or \r\n85\r\n[a Commissioner] or Collector may by written order \r\ndistribute, in such manner as \r\n86\r\n[it or he thinks fi t], any business cognizable by any \r\nRevenue-Officer or Revenue Court under his control. \r\n (2) The \r\n87\r\n[Board of Revenue] or \r\n88\r\n[a Commissioner] or Collector may \r\nwithdraw any case pending before any Revenue -Officer or Revenue Court under \r\n89\r\n[its or his] control, and either dispose of it \r\n90\r\n[itself or himself] or by written order refer \r\nit for disposal to any other Revenue -Officer or Revenue Court under \r\n91\r\n[its or his] \r\ncontrol. \r\n (3) An order under sub -section (1) or sub -section (2) shall not empower \r\nany Revenue -Officer or Revenue Court to exercise any powers or deal with any \r\nbusiness which he or it would not be competent to exercise or deal with within the \r\nlocal limits of his or its own jurisdiction. \r\n \r\n80Substituted for “Financial Commissioner” by the West Paki stan (Adaptation and Repeal of Laws) Act, 1957 (XVI of 1957), \r\nw.e.f. 14.10.1955, s.3 and schedule III; and published in the Gazette of West Pakistan (Extraordinary), pages 709- 789. \r\n81Substituted for “Financial Commissioner” by the West Pakistan (Adaptation and Repeal of Laws) Act, 1957 (XVI of 1957), \r\nw.e.f. 14.10.1955, s.3 and schedule III; and published in the Gazette of West Pakistan (Extraordinary), pages 709- 789. \r\n82Substituted for “an Executive District Officer (Rvenue)” by the Punjab Laws (Amendment ) Act 2011 (VI of 2011) by the \r\nPunjab Laws (Amendment) Act 2011 (VI of 2011),w.e.f. 20.4.2011(notification published in the Punjab Gazette \r\n(Extraordinary),dated 16.4.2011, page 4081),s.3 ; and published in the Punjab Gazette (Extraordinary),dated 14.4.2011 ,pages \r\n4043-4047. \r\n83Substituted for “the Executive District Officer (Revenue)” by the Punjab Laws (Amendment) Act 2011 (VI of 2011) by the \r\nPunjab Laws (Amendment) Act 2011 (VI of 2011),w.e.f. 20.4.2011(notification published in the Punjab Gazette \r\n(Extraordinary),dated 16.4.2011, page 4081),s.3 ; and published in the Punjab Gazette (Extraordinary),dated 14.4.2011,pages \r\n4043-4047. \r\n84Substituted for “Financial Commissioner” by the West Pakistan (Adaptation and Repeal of Laws) Act, 1957 (XVI of 1957), \r\nw.e.f. 14.10.1955, s.3 and schedule III; and published in the Gazette of West Pakistan (Extraordinary), pages 709- 789. \r\n85Substituted for “an Executive District Officer (Revenue)” by the Punjab Laws (Amendment) Act 2011 (VI of 2011) by the \r\nPunjab Laws (Amendment) A ct 2011 (VI of 2011),w.e.f. 20.4.2011(notification published in the Punjab Gazette \r\n(Extraordinary),dated 16.4.2011, page 4081),s.3 ; and published in the Punjab Gazette (Extraordinary),dated 14.4.2011,pages \r\n4043-4047. \r\n86Substituted by the West Pakistan (Adaptation and Repeal of Laws) Act, 1957 (XVI of 1957). \r\n87Substituted for “Financial Commissioner” by the West Pakistan (Adaptation and Repeal of Laws) Act, 1957 (XVI of 1957), \r\nw.e.f. 14.10.1955, s.3 and schedule III; and published in the Gazette of West Pakistan (Extraordinary), pages 709- 789. \r\n88Substituted for “an Executive District Officer (Revenue)” by the Punjab Laws (Amendment) Act 2011 (VI of 2011) by the \r\nPunjab Laws (Amendment) Act 2011 (VI of 2011),w.e.f. 20.4.2011(notification published in the Punjab Gazette \r\n(Extraordinary),dated 16.4.2011, page 4081),s.3 ; and published in the Punjab Gazette (Extraordinary),dated 14.4.2011,pages \r\n4043-4047. \r\n89Substituted by the West Pakistan (Adaptation and Repeal of Laws) Act, 1957 (XVI of 1957), w.e.f. 14.10.1955, s. 4 & s.5; and \r\npublished in the Gazette of West Pakistan (Extraordinary), pages 709- 789. \r\n90Substituted by the West Pakistan (Adaptation and Repeal of Laws) Act, 1957 (XVI of 1957), w.e.f. 14.10.1955, s.4 & s.5; and \r\npublished in the Gazette of West Pakistan (Extraordinary), pages 709- 789. \r\n91Substituted by the West Pakistan (Adaptation and Repeal of Laws) Act, 1957 (XVI of 1957), w.e.f. 14.10.1955, s.4 & s.5; and \r\npublished in the Gazette of West Pakistan (Extraordinary), pages 709- 789. \r\nAppeal, Review And Revision \r\n80. Appeals.– \r\n92\r\n[(1)] Subject to the provisions of this Act and the rules thereunder, \r\nan appeal shall lie from an original or appellate order or decree made under this Act \r\nby a Revenue-Officer or Revenue Court, as follows, namely:– \r\n(a) to the Collector when the order or decree is made by an Assistant \r\nCollector of either grade; \r\n(b) to \r\n93\r\n[the Commissioner] when the order or decree is made by a \r\nCollector; \r\n(c) to the \r\n94\r\n[Board of Revenue only on a point of law] when the order or \r\ndecree is made by \r\n95\r\n[a Commissioner]: \r\n Provided that– \r\n(i) an appeal from an order o r decree made by an Assistant Collector of \r\nthe first grade specially empowered by name in that behalf by the \r\n96\r\n[Provincial Government] in a suit mentioned in the first group of sub -\r\nsection (3) of section 77, shall lie to \r\n97\r\n[the Commissioner] and not to \r\nthe Collector; \r\n(ii) when an original order or decree is confirmed on first appeal, a further \r\nappeal shall not lie; \r\n(iii) when any such order or decree is modified or reversed on appeal by \r\nthe Collector, the order or decree made by the \r\n98\r\n[the Commissioner] on \r\nfurther appeal, if any, to him shall be final. \r\n \r\n99\r\n[(2) An order shall not be confirmed, modified or reversed in appeal unless \r\nreasonable notice has been given to the parties affected thereby to appear and be \r\nheard in support of or against the order appealed from.] \r\n \r\n92Re-numbered by the West Pakistan Laws (Amendment) Ordinance, 1965 (XXXIV of 1965), w.e.f.2.11.1965, s.3 and second \r\nschedule; and published in the Gazette of West Pakistan (Extraordinary),pages 5607-5614. \r\n93Substituted for “the Executive District Officer (Revenue)” by the Punjab L aws (Amendment) Act 2011 (VI of 2011) by the \r\nPunjab Laws (Amendment) Act 2011 (VI of 2011),w.e.f. 20.4.2011(notification published in the Punjab Gazette \r\n(Extraordinary),dated 16.4.2011, page 4081),s.3 ; and published in the Punjab Gazette (Extraordinary),d ated 14.4.2011,pages \r\n4043-4047. \r\n94Substituted for “Financial Commissioner” by the West Pakistan (Adaptation and Repeal of Laws) Act, 1957 (XVI of 1957), \r\nw.e.f. 14.10.1955, s.3 and schedule III; and published in the Gazette of West Pakistan (Extraordinary), pages 709- 789. \r\n95Substituted for “an Executive District Officer (Revenue)” by the Punjab Laws (Amendment) Act 2011 (VI of 2011) by the \r\nPunjab Laws (Amendment) Act 2011 (VI of 2011),w.e.f. 20.4.2011(notification published in the Punjab Gazette \r\n(Extraordinary),dated 16.4.2011, page 4081),s.3 ; and published in the Punjab Gazette (Extraordinary),dated 14.4.2011,pages \r\n4043-4047. \r\n96Substituted for “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, w.e.f. 1.4.1937, \r\nArticle 4 and Table of General Adaptations as amended by the Government of India (Adaptation of Indian Laws) Supplementary \r\nOrder, 1937. \r\n97Substituted for “the Executive District Officer (Revenue)” by the Punjab Laws (Amendment) Act 2011 (VI of 2011) by the \r\nPunjab Law s (Amendment) Act 2011 (VI of 2011),w.e.f. 20.4.2011(notification published in the Punjab Gazette \r\n(Extraordinary),dated 16.4.2011, page 4081),s.3 ; and published in the Punjab Gazette (Extraordinary),dated 14.4.2011,pages \r\n4043-4047. \r\n98Substituted for “the E xecutive District Officer (Revenue)” by the Punjab Laws (Amendment) Act 2011 (VI of 2011) by the \r\nPunjab Laws (Amendment) Act 2011 (VI of 2011),w.e.f. 20.4.2011(notification published in the Punjab Gazette \r\n(Extraordinary),dated 16.4.2011, page 4081),s.3 ; a nd published in the Punjab Gazette (Extraordinary),dated 14.4.2011,pages \r\n4043-4047. \r\n99Added by the West Pakistan Laws (Amendment) Ordinance, 1965 (XXXIV of 1965), w.e.f.2.11.1965, s.3 and second \r\nschedule; and published in the Gazette of West Pakistan (Extraordinary),pages 5607-5614. \r\n81. Limitation for appeals.– The period of limitation for an appeal under the last \r\nforegoing section shall run from the date of the order or decree appealed against, \r\nand shall be as follows, that is to say– \r\n(a) when the appeal lies to the Collector – thirty days; \r\n(b) when the appeal lies to the \r\n100\r\n[Commissioner] – sixty days; \r\n(c) when the appeal lies to the \r\n101\r\n[Board of Revenue] – ninety days. \r\n82. Review by Revenue -Officers.– (1) A Revenue -Officer, as such, may either \r\nof his own motion or on the applica tion of any party interested, review, and on so \r\nreviewing modify, reverse or confirm any order passed by himself or by any of his \r\npredecessors-in-office: \r\n Provided as follows:– \r\n102\r\n[(a) an order passed by his predecessor -in-office shall not be reviewed by \r\nthe– \r\n(i) \r\n103\r\n[Commissioner] without first obtaining the sanction of the \r\nBoard of Revenue, \r\n(ii) Collector without first obtaining the sanction of the \r\n104\r\n[Commissioner], \r\nand no order shall be reviewed by any other Revenue -Officer without first \r\nobtaining the sanction of the Revenue -Officer to whose control he is immediately \r\nsubject \r\n105\r\n[;]] \r\n(b) an application for review of an order shall not be entertained unless it is \r\nmade within ninety days from the passing of the order, or unless the \r\napplicant satisfies the Revenue -Officer that he had sufficient cause for \r\nnot making the application within that period; \r\n(c) an order shall not be modified or reversed unless reasonable notice \r\nhas been given to the parties affected thereby to appear and be heard \r\nin support of the order; \r\n(d) an order against which an appeal has been preferred shall not be \r\nreviewed. \r\n (2) For the purposes of this section the Collector shall be deemed to be \r\nthe successor -in-office of any Revenue -Officer of a lower class who has left the \r\n \r\n100Substituted for “Executive District Officer (Revenue)” by the Punjab Laws (Amendment) Act 2011 (VI of 2011) by the Punjab \r\nLaws (Amendment) Act 2011 (VI of 2011),w.e.f. 20.4.2011(notification published in the Punjab Gazette (Ext raordinary),dated \r\n16.4.2011, page 4081),s.3 ; and published in the Punjab Gazette (Extraordinary),dated 14.4.2011,pages 4043-4047. \r\n101Substituted for “Financial Commissioner” by the West Pakistan (Adaptation and Repeal of Laws) Act, 1957 (XVI of 1957), \r\nw.e.f. 14.10.1955, s.3 and schedule III; and published in the Gazette of West Pakistan (Extraordinary), pages 709- 789. \r\n102Substituted by the West Pakistan (Adaptation and Repeal of Laws) Act, 1957 (XVI of 1957), w.e.f. 14.10.1955, s.3 and \r\nschedule III; and published in the Gazette of West Pakistan (Extraordinary), pages 709- 789. \r\n103Substituted for “Executive District Officer (Revenue)” by the Punjab Laws (Amendment) Act 2011 (VI of 2011) by the Punjab \r\nLaws (Amendment) Act 2011 (VI of 2011),w.e.f. 20.4.2011(notif ication published in the Punjab Gazette (Extraordinary),dated \r\n16.4.2011, page 4081),s.3 ; and published in the Punjab Gazette (Extraordinary),dated 14.4.2011,pages 4043-4047. \r\n104Substituted for “Executive District Officer (Revenue)” by the Punjab Laws (Amend ment) Act 2011 (VI of 2011) by the Punjab \r\nLaws (Amendment) Act 2011 (VI of 2011),w.e.f. 20.4.2011(notification published in the Punjab Gazette (Extraordinary),dated \r\n16.4.2011, page 4081),s.3 ; and published in the Punjab Gazette (Extraordinary),dated 14.4.2011,pages 4043-4047. \r\n105Misprinted in the Gazette as “comma”. \r\ndistrict or has ceased to exercise powers as a Revenue -Officer, and whom there is \r\nno successor-in-office. \r\n (3) An appeal shall not lie from an order refusing to review, or confirming \r\non review, a previous order. \r\n83. Computation of periods limited for appeals and applications for r eview.– \r\nIn the computation of the period for an appeal from, or an application for the review \r\nof, an order under this Act, the limitation therefor shall be governed by the \r\n106\r\n[* * *] \r\nLimitation Act, \r\n107\r\n[1908]. \r\n84. Power to call for, examine and revise procee dings of Revenue -Officers \r\nand Revenue Courts .– (1) The \r\n108\r\n[Board of Revenue] may at any time call for the \r\nrecord of any case pending before, or disposed of by any Revenue -Officer or \r\nRevenue Court subordinate to \r\n109\r\n[it]. \r\n (2) \r\n110\r\n[A Commissioner] or Collector may call for the record of any case \r\npending before, or disposed of by, any Revenue -Officer or Revenue Court under his \r\ncontrol. \r\n (3) If in any case in which a \r\n111\r\n[* * *] Collector has called for a record he is \r\nof opinion that the proceedings taken or the order or decree made should be \r\nmodified or reversed, he shall submit the record with his opinion on the case for the \r\norders of the 112\r\n[ Commissioner]. \r\n \r\n113\r\n[(4) If, after examining a record called for under sub -section (1), or sub -\r\nsection (2) or submitted under sub -section (3), the Board of Revenue or \r\n114\r\n[the \r\nCommissioner], as the case may be, is of the opinion that it is expedient to interfere \r\nwith the proceedings or the order or decree, it or he, as the case may be, shall pass \r\nan order accordingly.] \r\n \r\n106Omitted the word “Indian” by the Punjab Tenancy (Amendment) Ordinance, 2001 (LVI of 2001), w.e.f.14.8.2001, s.9; and \r\npublished in the Punjab Gazette (Extraordinary), dated 22.12.2001, pages 2313-2315. \r\n107Substituted for the figure “1877” by the Punjab Tenancy (Amendment) Ordinance, 2001 (LVI of 2001), w.e.f.14.8.2001, s.9; \r\nand published in the Punjab Gazette (Extraordinary), dated 22.12.2001, pages 2313-2315. \r\n108Substituted for “Financial Commission er” by the West Pakistan (Adaptation and Repeal of Laws) Act, 1957 (XVI of 1957), \r\nw.e.f. 14.10.1955, s.3 and schedule III; and published in the Gazette of West Pakistan (Extraordinary), pages 709- 789. \r\n109Substituted ibid., for the word “him”. \r\n110Substituted for “an Executive District Officer (Revenue)” by the Punjab Laws (Amendment) Act 2011 (VI of 2011) by the \r\nPunjab Laws (Amendment) Act 2011 (VI of 2011),w.e.f. 20.4.2011(notification published in the Punjab Gazette \r\n(Extraordinary),dated 16.4.2011, page 4081),s.3 ; and published in the Punjab Gazette (Extraordinary),dated 14.4.2011,pages \r\n4043-4047. \r\n111Omitted the words “Commissioner or” by the West Pakistan (Adaptation and Repeal of Laws) Act, 1957 (XVI of 1957), w.e.f. \r\n14.10.1955, s.3 and schedule III; and published in the Gazette of West Pakistan (Extraordinary), pages 709- 789. \r\n112Substituted for “the Executive District Officer (Revenue)” by the Punjab Laws (Amendment) Act 2011 (VI of 2011) by the \r\nPunjab Laws (Amendment) Act 2011 (VI of 2011),w.e.f. 20.4.201 1(notification published in the Punjab Gazette \r\n(Extraordinary),dated 16.4.2011, page 4081),s.3 ; and published in the Punjab Gazette (Extraordinary),dated 14.4.2011,pages \r\n4043-4047. \r\n113Substituted by the West Pakistan (Adaptation and Repeal of Laws) Act, 1957 (XVI of 1957). \r\n114Substituted for “the Executive District Officer (Revenue)” by the Punjab Laws (Amendment) Act 2011 (VI of 2011) by the \r\nPunjab Laws (Amendment) Act 2011 (VI of 2011),w.e.f. 20.4.2011(notification published in the Punjab Gazette \r\n(Extraordinary),dated 16.4.2011, page 4081),s.3 ; and published in the Punjab Gazette (Extraordinary),dated 14.4.2011,pages \r\n4043-4047. \r\n (5) If, after exami ning the record, the \r\n115\r\n[Board of Revenue] is of opinion \r\nthat it is expedient to interfere with the proceedings or the order or decree on any \r\nground on which the \r\n116\r\n[High Court] in the exercise of the revisional jurisdiction may \r\nunder the law for the time bein g in force interfere with the proceedings or an order or \r\ndecree of a Civil Court, \r\n117\r\n[it] shall fix a day for hearing the case, and may, on that or \r\nany subsequent day to which \r\n118\r\n[it] may adjourn the hearing or which \r\n119\r\n[it] may \r\nappoint in this behalf, pass such order as \r\n120\r\n[it] thinks fit in the case. \r\n (6) Except when the \r\n121\r\n[Board of Revenue] fixes under sub -section (5) a \r\nday for hearing the case, no party has any right to be heard before the \r\n122\r\n[Board of \r\nRevenue] when exercising \r\n123\r\n[its] powers under this section. \r\nProcedure \r\n85. Procedure of Revenue-Officers.– (1) The \r\n124\r\n[Provincial Government] may \r\nmakes \r\n125\r\nrules consistent with this Act for regulating the procedure of Revenue -\r\nOfficers under this Act in cases in which a procedure is not prescribed by this Act. \r\n (2) The rules may provide, among other matters, for the mode of enforcing \r\norders of ejectment from, and delivery of possession, of , immovable property, and \r\nrules providing for those may confer on a Revenue -Officer all or any of the powers in \r\nregard to contempts, resis tance and the like which a Civil Court may exercise in the \r\nexecution of a decree whereby it has adjudged ejectment from, or delivery of \r\npossession of, such property. \r\n (3) The rules may also provide for the mode of executing orders as to \r\ncosts, and may adapt to proceedings under this Act all or any of the provisions of the \r\nPunjab Land-Revenue Act, \r\n126\r\n[1967], with respect to arbitration. \r\n (4) Subject to the rules under this section a Revenue-Officer may refer any \r\ncase which he is empowered to dispose of under this Act to another Revenue-Officer \r\nfor investigation and report, and may decide the case upon the report. \r\n \r\n115Substituted for “Financial Commissioner” by the West Pakistan (Adaptation and Repeal of Laws) Act, 1957 (XVI of 1957), \r\nw.e.f. 14.10.1955, s.3 and schedule III; and published in the Gazette of West Pakistan (Extraordinary), pages 709- 789. \r\n116Substituted for the words “Chief Court” by the Repealing and Amending Act, 1919 (XVIII of 1919), s.2 and the first schedule; \r\nand published in the Gazette of India, dated 17.9.1919. \r\n117Substituted by the West Pakistan (Adaptation and Repeal of Laws) Act, 1957 (XVI of 1957), for the word “he”. \r\n118Substituted ibid. \r\n119Ibid. \r\n120Ibid. \r\n121Substituted for “Financial Commissioner” by the West Pakistan (Adaptation and Repeal of Laws) Act, 1957 (XVI of 1957), \r\nw.e.f. 14.10.1955, s.3 and schedule III; and published in the Gazette of West Pakistan (Extraordinary), pages 709- 789.s \r\n122Substituted for “Financial Commissioner” by the West Pakistan (Adaptation and Repeal of Laws) Act, 1957 (XVI of 1957), \r\nw.e.f. 14.10.1955, s.3 and schedule III; and published in the Gazette of West Pakistan (Extraordinary), pages 709- 789. \r\n123Substituted ibid., for the word “his”. \r\n124Substituted for “Local Government” by the Government of India (Adapta tion of Indian Laws) Order, 1937, w.e.f. 1.4.1937, \r\nArticle 4 and Table of General Adaptations as amended by the Government of India (Adaptation of Indian Laws) Supplementary \r\nOrder, 1937. \r\n125For rules under section 85 (1), See Notification No. 77, Pb Gazette (Extraordinary), dated, 1-3-1888, page 79. \r\n126Substituted for the figure “1887” by the Punjab Tenancy (Amendment) Ordinance, 2001 (LVI of 2001), w.e.f.14.8.2001, s.5; \r\nand published in the Punjab Gazette (Extraordinary), dated 22.12.2001, pages 2313-2315. \r\n86. Persons by whom appearances may be made before Revenue -Officers \r\nas such and not as Revenue Courts .– (1) Appearances before a Revenue -Officer \r\nas such, and applications to and acts to be done before him, under this Act may be \r\nmade or done– \r\n (a) by the parties themselves, or \r\n (b) by their recognized agents or a legal practitioner: \r\n Provided that the employment of a recognized agent or legal practitione r shall \r\nnot excuse the personal attendance of a party to any proceeding in any case in \r\nwhich personal attendance is specially required by an order of the officer. \r\n (2) For the purpose of sub -section (1), recognized agents shall be such \r\npersons as the \r\n127\r\n[Provincial Government] may by notification declare in this behalf. \r\n (3) The fees of a legal practitioner shall not be allowed as costs in any \r\nproceeding before a Revenue-Officer under this Act, unless that officer considers, for \r\nreasons to be recorded by him in writing, that the fees should be allowed. \r\n87. Costs.– (1) A Revenue-Officer may give and apportion the costs of any \r\nproceeding under this Act in any manner he thinks fit. \r\n (2) But if he orders that the costs of any such proceeding shall not follow \r\nthe event, he shall record his reasons for the order. \r\n88. Procedure of Revenue Courts .– (1) The \r\n128\r\n[Provincial Government] may \r\n129\r\n[* * *] make rules consistent with this Act for regulating the procedure of Revenue \r\nCourts in matters under this Act for which a proced ure is not prescribed thereby, and \r\nby any such rules direct that any provisions of the Code of Civil Procedure shall \r\napply, with or without modification to all or any classes of cases before those Courts. \r\n (2) Until rules are made under sub -section (1) and subject to those rules \r\nwhen made and to the provisions of this Act,– \r\n(a) the Code of Civil Procedure shall, so far as it is applicable, apply to all \r\nproceedings in Revenue Courts whether before or after decree; and \r\n(b) the \r\n130\r\n[Board of Revenue] shall, in re spect of those proceedings, be \r\ndeemed to be the High Court within the meaning of that Code, and \r\nshall, subject to the provisions of this Act, exercise, as regards the \r\nCourts under \r\n131\r\n[its] control, all the powers of a High Court under the \r\nCode. \r\n \r\n127Substituted for “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, w.e.f. 1.4.1937, \r\nArticle 4 and Table of General Adaptations as amended by the Government of India (Adaptation of Indian Laws) Supplementary \r\nOrder, 1937. \r\n128Substituted for “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, w.e.f. 1.4.1937, \r\nArticle 4 and Table of General Adaptations as amended by the Government of India (Adaptation of Indian Laws) Supplementary \r\nOrder, 1937. \r\n129Omitted the words “with the previous sanction of the Governor General in Council” by the Decentralization Act, 1914 (IV of \r\n1914), s.2 and the Schedule; and published in the Gazette of India, dated 24.2.1914. \r\n130Substituted for “Financial Commissioner” by the West Pakistan (Adaptation and Repeal of Laws) Act, 1957 (XVI of 1957), \r\nw.e.f. 14.10.1955, s.3 and schedule III; and published in the Gazette of West Pakistan (Extraordinary), pages 709- 789. \r\n131Substituted ibid., for the word “his”. \r\n89. Power of Revenue-Officer or Revenue Court to summon persons .– (1) A \r\nRevenue-Officer or Revenue Court may summon any person whose attendance he \r\nor it considers necessary for the purpose of any application, suit or other business \r\nbefore him or it as a Revenue-oOfficer or Revenue Court. \r\n (2) A person so summoned shall be bound to appear at the time and place \r\nmentioned in the summons in person or if the summons so allows, by his recognized \r\nagent or a legal practitioner. \r\n (3) The person attending in obedience to the summ ons shall be bound to \r\nstate the truth upon any matter respecting which he is examined or makes \r\nstatements, and to produce such documents and other things relating to any such \r\nmatter as the Revenue-Officer or Revenue Court may require. \r\n90. Mode of service of summons.– (1) A summons issued by a Revenue-Officer \r\nor Revenue Court shall, if practicable, be served (a) personally on the person to \r\nwhom it is addressed, or failing him on (b) his recognized agents or (c) an adult male \r\nmember of his family who is residing with him. \r\n (2) If service cannot be so made, or if acceptance of service so made is \r\nrefused, the summons may be served by posting a copy thereof at the usual or last \r\nknown place of residence of the person to whom it is addressed, or, if that person \r\ndoes not reside in the district in which the Revenue -Officer is employed or the \r\nRevenue Court is held, and the case to which the summons relates has reference to \r\nland in that district, then by posting a copy of the summons on some conspicuous \r\nplace in or near the estate wherein the land is situate. \r\n (3) If the summons relates to a case in which persons having the same \r\ninterest are so numerous that personal service on all of them is not reasonably \r\npracticable, it may, if the Revenue-Officer or Revenue Court so directs, be served by \r\ndelivery of a copy thereof to such of those persons as the officer or Court nominates \r\nin this behalf and by proclamation of the contents thereof for the information of the \r\nother persons interested. \r\n (4) A summons may, if the Revenue -Officer or Revenue Court so directs, \r\nbe served on the person named therein, either in addition to, or in substitution for, \r\nany other mode of service, by forwarding the summons by post in a letter addressed \r\nto the person and registered under Part \r\n132\r\n[VI] of the \r\n133\r\n[* * *] Post Office Act, \r\n134\r\n[1898]. \r\n (5) When a summons is so forwarded in a letter and it is proved that the \r\nletter was properly addressed and duly posted and registered, the officer or Court \r\nmay presume that the summons was served at the time when the l etter would be \r\ndelivered in the ordinary course of post. \r\n91. Mode of service of notice, or order or proclamation or copy thereof .– A \r\nnotice, order or proclamation, or copy of any such document, issued by a Revenue-\r\n \r\n132Substituted for the figure “III” by the Punjab Tenancy (Amendment) Ordinance, 2001 (LVI of 2001), w.e.f.14.8.2001, s.10; and \r\npublished in the Punjab Gazette (Extraordinary), dated 22.12.2001, pages 2313-2315. \r\n133Omitted the word “Indian” by the Punjab Tenancy (Amendment) Ordinance , 2001 (LVI of 2001), w.e.f.14.8.2001, s.10; and \r\npublished in the Punjab Gazette (Extraordinary), dated 22.12.2001, pages 2313-2315. \r\n134Substituted for the figure “1886” by the Punjab Tenancy (Amendment) Ordinance, 2001 (LVI of 2001), w.e.f.14.8.2001, s.10; \r\nand published in the Punjab Gazette (Extraordinary), dated 22.12.2001, pages 2313-2315.. \r\nOfficer or Revenue Court for service on an y person shall be served in the manner \r\nprovided in the last foregoing section for the service of a summons. \r\n92. Additional mode of publishing proclamation .– When a proclamation \r\nrelating to any land is issued by a r Revenue-Officer or Revenue Court, it shall , in \r\naddition to any other mode of publication which may be prescribed by any enactment \r\nfor the time being in force, be made by beat of drum or other customary method, and \r\nby the posting of a copy thereof on a conspicuous place in or near the land to which \r\nit relates. \r\n93. Joinder of tenants as parties to proceeding relating to rent .– (1) Any \r\nnumber of tenants cultivating in the same estate, may in the discretion of the \r\nRevenue-Officer or Revenue Court and subject to any rules which the \r\n135\r\n[Provincial \r\nGovernment] may make in this behalf, be made parties to any proceeding under \r\nChapter III. \r\n (2) But a decree or order shall not be made in any such proceedings \r\nunless the Revenue -Officer or Revenue Court is satisfied that all the parties thereto \r\nhave had an opportunity of appearing and being heard. \r\n (3) A decree or order made in any such proceeding shall specify the extent \r\nto which each of the tenants is affected thereby. \r\n94. Exception of suits under this Act from operation of certain enactments .– \r\nNothing in section 424 of the Code of Civil Procedure, or in section 36 of \r\n136\r\nthe \r\nPunjab Municipal Act, 1884, shall be construed to apply to a suit of a class \r\nmentioned in section 77 of this Act. \r\n95. Payment into Court of money admitted to be due to a third person .– (1) \r\nWhen a defendant admits that money is due from him on account of rent, but pleads \r\nthat it is due not to the plaintiff but to a third person, the Court shall, except for \r\nspecial reasons to be recorded by it, refuse to take cognizance of the plea unless the \r\ndefendant pays into Court the amount so admitted to be due. \r\n (2) Where such a payment is made the Court shall forthwith cause notice \r\nof the payment to be served on the third person. \r\n (3) Unless the third person within three months from the receipt of the \r\nnotice institutes a suit against the plaintiff and therein obtains an order restraining \r\npayment of the money, it shall be paid to the plaintiff on his application to the Court \r\ntherefor. \r\n (4) Nothing in this section shall affect the right of any person to recover \r\nfrom the plaintiff money paid to him under sub-section (3). \r\n (5) When a defendant pays money into Court under this section, the Court \r\nshall give the defendant a receipt, and the receipt so given shall operate as an \r\n \r\n135Substituted for “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, w.e.f. 1.4.1937, \r\nArticle 4 and Table of General Adaptations as amended by the Government of India (Adaptation of Indian Laws) Supplementary \r\nOrder, 1937. \r\n136Repealed by the Punjab Municipal Act, 1911 (III of 1911), The successor law being the municipal administration act 1960 (X \r\nof 1960), the Punjab local government act 1975 (XXXIV of 1975), the Punjab local government ordinance 1979 (VI of 1979) and \r\nthe Punjab local government ordinance 2001(XIII of 2001) \r\nacquittance in the same manner and to th e same extent as if it had been given by \r\nthe plaintiff or the third person, as the case may be. \r\n96. Execution of decree for arrears of rent .– A Court passing a decree for an \r\narrear of rent may, on the oral application of the decree -holder, order execution \r\nthereof against the movable property of the tenant, and against any uncut or \r\nungathered crops on the tenancy in respect of which the arrear is decreed. \r\n97. Prohibition of imprisonment of tenants in execution of decrees for rent .– \r\nA tenant shall not, during the continuance of his occupancy, be liable to \r\nimprisonment on the application of his landlord in execution of a decree for an arrear \r\nof rent. \r\n98. Power to refer party to Civil Court.– (1) If, in any proceeding pending before \r\na Revenue Court exercising or iginal, appellate or revisional jurisdiction, it appears to \r\nthe Court that any question in issue is more proper for decision by a Civil Court, the \r\nRevenue Court may, with the previous sanction of the Court, if any, to the control of \r\nwhich it is immediately subject, require by order in writing, any party to the \r\nproceeding to institute, within such time as it may fix in this behalf, a suit in the Civil \r\nCourt for the purpose of obtaining a decision on the question, and, if he fails to \r\ncomply with the requisition, may decide the question as it think fit. \r\n (2) If the party institutes the suit in compliance with the requisition, the \r\nRevenue Court shall dispose of the proceeding pending before it in accordance with \r\nthe final decision of the Civil Court of first instance or appeal, as the case may be. \r\n99. Power to refer to High Court questions as to jurisdiction .– (1) If the \r\nPresiding Officer of a Civil or Revenue Court in which a suit has been instituted \r\ndoubts whether he is precluded from taking cognizance of the s uit, he may refer the \r\nmatter through the \r\n137\r\n[District Judge] or \r\n138\r\n[Commissioner], or, if he is a \r\n139\r\n[District \r\nJudge] or \r\n140\r\n[Commissioner], directly to the \r\n141\r\n[High Court]. \r\n (2) On any such reference being made, the \r\n142\r\n[High Court] may order the \r\npresiding officer either to proceed with the suit or to return the plaint for presentation \r\nin such other Court as it may in its order declare to be competent to take cognizance \r\nof the suit. \r\n \r\n137Substituted by the Punjab Courts Act, 1918 (VI of 1918), for “Divisional Judge”. \r\n138Substituted for “Executive District Officer (Revenue)” by the Punjab Laws (Amendment) Act 2011 (VI of 2011) by the Punjab \r\nLaws (Amendment) Act 2011 (VI of 2011),w.e.f. 20.4.2011(notification published in the Punjab Gazette (Extraordinary),dated \r\n16.4.2011, page 4081),s.3 ; and published in the Punjab Gazette (Extraordinary),dated 14.4.2011,pages 4043-4047. \r\n139Substituted by the Punjab Courts Act, 1918 (VI of 1918), for words “Divisional Judge”. \r\n140Substituted for “Executive District Officer (Revenue)” by the Punjab Laws (Amendment) Act 2011 (VI of 2011) by the Punjab \r\nLaws (Amendment) Act 2011 (VI of 2011),w.e.f. 20.4.2011(notification published in the Punjab Gazette (Extraordinary),dated \r\n16.4.2011, page 4081),s.3 ; and published in the Punjab Gazette (Extraordinary),dated 14.4.2011,pages 4043-4047. \r\n141Substituted for the words “Chief Court” by the Repealing and Amending Act, 1919 (XVIII of 1919), s.2 and the first schedule; \r\nand published in the Gazette of India, dated 17.9.1919. \r\n142Substituted for the words “Chief Court” by the Repealing and Amending Act, 1919 (XVIII of 1919), s.2 and the first schedule; \r\nand published in the Gazette of India, dated 17.9.1919. \r\n (3) The order of the \r\n143\r\n[High Court] on any such reference shall be \r\nconclusive as against persons who are not parties to the suits as well as against \r\npersons who are parties thereto. \r\n100. Power of High Court to validate proceedings held under mistake as to \r\njurisdiction.– In either of the following cases, namely:– \r\n(a) if it appears to a Civil C ourt that a Court under its control has \r\ndetermined a suit of a class mentioned in section 77 which under the \r\nprovisions of that section should have been heard and determined by a \r\nRevenue Court, or \r\n(b) if it appears to a Revenue Court, that a Court under it s control has \r\ndetermined a suit which should have been heard by a Civil Court, \r\nthe Civil Court or Revenue Court, as the case may be, shall submit the \r\nrecord of the suit to the \r\n144\r\n[High Court]. \r\n (2) If on perusal of the record it appears to the \r\n145\r\n[High Court] that the suit \r\nwas so determined in good faith, and that the parties have not been prejudiced by \r\nthe mistake as to jurisdiction, the \r\n146\r\n[High Court] may order that the decree be \r\nregistered in the Court which had jurisdiction. \r\n (3) If it appears to the \r\n147\r\n[High Court] otherwise than on submission of a \r\nrecord under sub -section (1), that a Civil Court under its control has determined a \r\nsuit of a class mentioned in section 77 which under the provisions of that section \r\nshould have been heard and determined by a Revenue Court, the \r\n148\r\n[High Court] may \r\npass any order which it might have passed if the record had been submitted to it \r\nunder that sub-section. \r\n (4) With respect to any proceeding subsequent to decree, the \r\n149\r\n[High \r\nCourt] may make such order for its registration in a Revenue Court or Civil Court as \r\nin the circumstances appears to be just and proper. \r\n (5) An order of the \r\n150\r\n[High Court] under this section shall be conclusive as \r\nagainst persons who were not parties to the suit or proceeding as well as against \r\npersons who were parties thereto, and the decree or proceeding to which the order \r\nrelates shall have effect as if it had been made or had by the Court in which the \r\norder has required it to be registered. \r\n \r\n143Substituted for the words “Chief Court” by the Repealing and Amending Act, 1919 (XVIII of 1919), s.2 and the first schedule; \r\nand published in the Gazette of India, dated 17.9.1919. \r\n144Substituted for the words “Chief Court” by the Repealing and Amending Act, 1919 (XVIII of 1919), s.2 and the first schedule; \r\nand published in the Gazette of India, dated 17.9.1919. \r\n145Substituted for the words “Chief Court” by the Repealing and Amending Act, 1919 (XVIII of 1919), s.2 and the first schedule; \r\nand published in the Gazette of India, dated 17.9.1919. \r\n146Substituted for the words “Chief Court” by the Repealing and Amending Act, 1919 (XVIII of 1919), s.2 and the f irst schedule; \r\nand published in the Gazette of India, dated 17.9.1919. \r\n147Substituted for the words “Chief Court” by the Repealing and Amending Act, 1919 (XVIII of 1919), s.2 and the first schedule; \r\nand published in the Gazette of India, dated 17.9.1919. \r\n148Substituted for the words “Chief Court” by the Repealing and Amending Act, 1919 (XVIII of 1919), s.2 and the first schedule; \r\nand published in the Gazette of India, dated 17.9.1919. \r\n149Substituted for the words “Chief Court” by the Repealing and Amending Act, 1 919 (XVIII of 1919), s.2 and the first schedule; \r\nand published in the Gazette of India, dated 17.9.1919. \r\n150Substituted for the words “Chief Court” by the Repealing and Amending Act, 1919 (XVIII of 1919), s.2 and the first schedule; \r\nand published in the Gazette of India, dated 17.9.1919. \r\n (6) The provisions of this section shall apply to any suit in stituted on or \r\nafter the first day of November, 1884, and to proceedings arising out of any such \r\nsuit. \r\nMiscellaneous \r\n101. Place of sitting .– (1) An Assistant Collector may exercise his powers under \r\nthis Act at any place within the limits of the district in which he is employed. \r\n (2) Any other Revenue-Officer or Revenue Court may only exercise his or \r\nits powers under this Act within the local limits of his or its jurisdiction. \r\n102. Holidays.– (1) The \r\n151\r\n[Board of Revenue], with the approval of the \r\n152\r\n[Provincial \r\nGovernment], shall publish in the \r\n153\r\n[Official Gazette] before the commencement of \r\neach calendar year a list of days to be observed in that year as holidays by all or any \r\nRevenue-Officers and Revenue Courts. \r\n (2) A proceeding held before a Revenue -Officer o r Revenue Court on a \r\nday specified in the list as a day to be observed by the Officer or Court as a holiday \r\nshall not be invalid by reason only of its having been held on that day. \r\n103. Discharge of duties of Collector dying or being disabled .– When a \r\nCollector dies or is disabled from performing his duties, the officer who succeeds \r\n154\r\n[him] temporarily \r\n155\r\n[* * *] under any orders which may be generally or specially \r\nissued by the \r\n156\r\n[Provincial Government] in this behalf, shall be deemed to be a \r\nCollector under this Act. \r\n104. Retention of powers by Revenue-Officer on transfer .– When a Revenue -\r\nOfficer of any class who, either as such or as a Revenue Court, has under the \r\nforegoing provisions of this Act any powers to be exercised in any local area is \r\ntransferred from that local area to another as a Revenue-Officer or Revenue Court of \r\nthe same or a higher class, he shall continue to exercise those powers in that other \r\nlocal area unless the \r\n157\r\n[Provincial Government] otherwise directs or has otherwise \r\ndirected. \r\n \r\n151Substituted for “Financial Commissioner” by the West Pakistan (Adaptation and Repeal of Laws) Act, 1957 (XVI of 1957), \r\nw.e.f. 14.10.1955, s.3 and schedule III; and published in the Gazette of West Pakistan (Extraordinary), pages 709- 789. \r\n152Substituted for “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, w.e.f. 1.4.1937, \r\nArticle 4 and Table of General Adaptations as amended by the Government of India (Adaptation of Indian Laws) Supplementary \r\nOrder, 1937. \r\n153Substituted for “local official Gazette” by the Government of India (Adaptation of Indian Laws) Order, 1937, w.e.f. 1.4.1937, \r\nArticle 4 and Table of General Adaptations as amended by the Government of India (Adaptation of Indian Laws) Supplementary \r\nOrder, 1937.. \r\n154Inserted by the Punjab Tenancy (Amendment) Ordinance, 2001 (LVI of 2001), w.e.f.14.8.2001, s.11; and published in the \r\nPunjab Gazette (Extraordinary), dated 22.12.2001, pages 2313-2315. \r\n155Deleted the words “to the chief executive administration of the district” by the Punjab Tenancy (Amendment) Ordinance, 2001 \r\n(LVI of 2001), w.e.f.14.8.2001, s.11; and published in the Punjab Gazette (Extraordinary), dated 22.12.2001, pages 2313-2315. \r\n156Substituted for “Local Government” by the Govern ment of India (Adaptation of Indian Laws) Order, 1937, w.e.f. 1.4.1937, \r\nArticle 4 and Table of General Adaptations as amended by the Government of India (Adaptation of Indian Laws) Supplementary \r\nOrder, 1937. \r\n157Substituted for “Local Government” by the Gover nment of India (Adaptation of Indian Laws) Order, 1937, w.e.f. 1.4.1937, \r\nArticle 4 and Table of General Adaptations as amended by the Government of India (Adaptation of Indian Laws) Supplementary \r\nOrder, 1937. \r\n105. Conferment of powers of Revenue-Officer or Revenue Court .– (1) The \r\n158\r\n[Provincial Government] may by notification confer on any person– \r\n(a) all or any of the powers of \r\n159\r\n[Board of Revenue], \r\n160\r\n[Commissioner] or \r\nCollector under this Act, or \r\n(b) all or any of the p owers with which an Assistant Collector of either \r\ngrade is, or may be, invested thereunder, \r\nand may by notification withdraw any powers so conferred. \r\n (2) A person on whom powers are conferred under sub -section (1) shall \r\nexercise those powers within such l ocal limits and in such classes of cases as the \r\n161\r\n[Provincial Government] may direct, and except as otherwise directed by the \r\n162\r\n[Provincial Government], shall for all purposes connected with the exercise whereof \r\nbe deemed \r\n163\r\n[Board of Revenue], \r\n164\r\n[Commissioner], Collector or Assistant Collector, \r\nas the case may be. \r\n (3) Before conferring powers on the Judge of a Civil Court under sub -\r\nsection (1), the \r\n165\r\n[Provincial Government] shall consult the \r\n166\r\n[High Court]. \r\n (4) If any of the powers of a Collector under section 78, section 79, section \r\n80 or section 82 are conferred on an Assistant Collector, they shall, unless the \r\n167\r\n[Provincial Government] by special order otherwise directs, be exercised by him \r\nsubject to the control of the Collector. \r\n \r\n158Substituted for “Local Government” by the Gove rnment of India (Adaptation of Indian Laws) Order, 1937, w.e.f. 1.4.1937, \r\nArticle 4 and Table of General Adaptations as amended by the Government of India (Adaptation of Indian Laws) Supplementary \r\nOrder, 1937. \r\n159Substituted for “Financial Commissioner” by t he West Pakistan (Adaptation and Repeal of Laws) Act, 1957 (XVI of 1957), \r\nw.e.f. 14.10.1955, s.3 and schedule III; and published in the Gazette of West Pakistan (Extraordinary), pages 709- 789. \r\n160Substituted for “Executive District Officer (Revenue)” by the Punjab Laws (Amendment) Act 2011 (VI of 2011) by the Punjab \r\nLaws (Amendment) Act 2011 (VI of 2011),w.e.f. 20.4.2011(notification published in the Punjab Gazette (Extraordinary),dated \r\n16.4.2011, page 4081),s.3 ; and published in the Punjab Gazette (Extraordinary),dated 14.4.2011,pages 4043-4047. \r\n161Substituted for “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, w.e.f. 1.4.1937, \r\nArticle 4 and Table of General Adaptations as amended by the Government of India (Adaptation of Indian Laws) Supplementary \r\nOrder, 1937. \r\n162Substituted for “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, w.e.f. 1.4.1937, \r\nArticle 4 and Table of General Adaptations as amended by the Government of India (Adaptation of Indian Laws) Supplementary \r\nOrder, 1937. \r\n163Substituted for “Financial Commissioner” by the West Pakistan (Adaptation and Repeal of Laws) Act, 1957 (XVI of 1957), \r\nw.e.f. 14.10.1955, s.3 and schedule III; and published in the Gazette of West Pakistan (Extraordinary), pages 709- 789. \r\n164Substituted for “Executive District Officer (Revenue)” by the Punjab Laws (Amendment) Act 2011 (VI of 2011) by the Punjab \r\nLaws (Amendment) Act 2011 (VI of 2011),w.e.f. 20.4.2011(notification published in the Punjab Gazette (Ext raordinary),dated \r\n16.4.2011, page 4081),s.3 ; and published in the Punjab Gazette (Extraordinary),dated 14.4.2011,pages 4043-4047. \r\n165Substituted for “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, w.e.f. 1.4.1937, \r\nArticle 4 and Table of General Adaptations as amended by the Government of India (Adaptation of Indian Laws) Supplementary \r\nOrder, 1937. \r\n166Substituted for the words “Chief Court” by the Repealing and Amending Act, 1919 (XVIII of 1919), s.2 and the first schedule ; \r\nand published in the Gazette of India, dated 17.9.1919. \r\n167Substituted for “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, w.e.f. 1.4.1937, \r\nArticle 4 and Table of General Adaptations as amended by the Government of India (Adaptation of Indian Laws) Supplementary \r\nOrder, 1937. \r\n106. Power of Board of Revenu e to make rules .– (1) The \r\n168\r\n[Board of Revenue] \r\nmay, in addition to the other rules which may be made by \r\n169\r\n[it] under this Act, make \r\nrules consistent with this Act and other enactment for the time being in force,– \r\n(a) determining, notwithstanding anything in any record -of-rights, the \r\nnumber and amount of the instalments and the times by and at which \r\nrent is to be paid; \r\n(b) for the guidance of Revenue-Officers in determining, for the purposes \r\nof this Act, the amount of the land-revenue of any land; \r\n(c) prescribing for all or any of the territories to which this Act extends, the \r\nperiods during which in proceedings held under this Act, a Revenue-\r\nOfficer or Revenue Court is not, except for reasons of urgency to be \r\nrecorded, to issue any process of arrest against a tenant or against a \r\nland-owner who cultivates his own land; \r\n(d) regulating the procedure in cases where persons are entitled to inspect \r\nrecords of Revenue-Officers or Revenue Courts, or to obtain copies of \r\nthe same, and prescribing the fees payable for searches and copies; \r\n(e) prescribing forms for such books, entries, statistics and accounts as \r\nthe \r\n170\r\n[Board of Revenue] thinks necessary to be kept, made or \r\ncompiled in Revenue -Offices or Revenue Courts or submitted to any \r\nauthority; \r\n(f) declaring what shall b e the language of any of those Offices and \r\nCourts, and determining in what cases persons practising in those \r\noffices and Courts shall be permitted to address the Presiding Officers \r\nthereof in English; and \r\n(g) generally for the guidance of Revenue-Officers and other persons in \r\nmatters connected with the enforcement of this Act. \r\n (2) Until rules are made under clause (a) of sub -section (1), rent shall be \r\npayable by the instalments and at the times by and at which it is now payable. \r\n (3) Rules made by the \r\n171\r\n[Board of Revenue] under this or any other \r\nsection of this Act shall \r\n172\r\n[be made subject to the control of] the \r\n173\r\n[Provincial \r\nGovernment]. \r\n107. Rules to be made after previous publication .– The power to make any \r\nrules under this Act is subject \r\n174\r\n[* * *] to the co ndition of the rules being made after \r\nprevious publication. \r\n \r\n168Substituted for “Financial Commissioner” by the West Pakistan (Adaptation and Repeal of Laws) Act, 1957 (XVI of 1957), \r\nw.e.f. 14.10.1955, s.3 and schedule III; and published in the Gazette of West Pakistan (Extraordinary), pages 709- 789. \r\n169Substituted ibid, for the word “him”. \r\n170Substituted for “Financial Commissioner” by the West Pakistan (Adaptation and Repeal of Laws) Act, 1957 (XVI of 1957), \r\nw.e.f. 14.10.1955, s.3 and schedule III; and published in the Gazette of West Pakistan (Extraordinary), pages 709- 789. \r\n171Substituted for “Financial Commissioner” by the West Pakistan (Adaptation and Repeal of Laws) Act, 1957 (XVI of 1957), \r\nw.e.f. 14.10.1955, s.3 and schedule III; and published in the Gazette of West Pakistan (Extraordinary), pages 709- 789. \r\n172Substituted for “not take effect until they have been sanctioned by” by the Decentralization Act, 1914 (IV of 1914), s.2 and the \r\nSchedule; and published in the Gazette of India, dated 24.2.1914. \r\n173Substituted for “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, w.e.f. 1.4.1937, \r\nArticle 4 and Table of General Adaptations as amended by the Government of India (Adaptation of Indian Laws) Supplementary \r\nOrder, 1937. \r\n108. Powers exercisable by Board of Revenue from time to time .– All powers \r\nconferred by this Act on the \r\n175\r\n[Board of Revenue] may be exercised from time to time \r\nas occasion requires. \r\nCHAPTER VIII \r\nEFFECT OF THIS ACT ON RECORDS-OF-RIGHTS AND AGREEMENTS \r\n109. Nullity of certain entries in records -of-rights.– An entry in any record -of-\r\nrights providing– \r\n(a) that a landlord may prevent a tenant from making, or eject him from \r\nmaking, such improvements on his tenancy as he is entitled to make \r\nunder this Act, or \r\n(b) that a tenant ejected from his tenancy shall not be entitled to \r\ncompensation for improvements or for disturbance in any case in which \r\nhe would under this Act be entitled to compensation therefor, or \r\n(c) that a landlord may eject a tenant otherwise than in accordance with \r\nthe provisions of this Act, shall be void to that extent. \r\n110. Nullity of certain agreements contrary to the Act .– (1) Nothing in any \r\nagreement made between a landlord and a tenant after the passing of this Act shall– \r\n(a) override any of the provisions of this Act with respect to the acquisition \r\nof a right of occupancy, or the reduction, remission or suspension of \r\nrent, or the enhancement of the rent of a tenant having a right of \r\noccupancy under section 5 or section 6, or \r\n(b) take away or limit the right of a tenant as determined by this Act to \r\nmake improvements and claim compensation therefor, or, where \r\ncompensation for disturbance can be claimed under this Act, to claim \r\nsuch compensation, or \r\n(c) entitle a landlord to eject a tenant otherwise than in accordance with \r\nthe provisions of this Act. \r\n (2) Nothing in clause (a) of sub -section (1) shall apply to an agreement by \r\nwhich a tenant binds himself to pay an enhanced rent in considerat ion of an \r\nimprovement which has been or is to be made in respect of his tenancy, by or at the \r\nexpense of his landlord, and to the benefit of which the tenant is not otherwise \r\nentitled. \r\n111. Saving of other agreements when in writing .– Save as expressly pro vided \r\nin this Act, nothing in this Act shall affect the operation of any agreement between a \r\nlandlord and a tenant, when the agreement either is in writing or has been recorded \r\nin a record-of-rights before the passing of the \r\n176\r\nPunjab Land Revenue Act, 1887, or \r\nbeen entered by order of Revenue-Officer in a record -of-rights or annual record \r\nunder the provisions of that Act. \r\n \r\n174The words, “to the control of the Governor General in Council and”, deleted by the Devolution Act, 1920 (XXXVIII of 1920). \r\n175Substituted for “Financial Commissioner” by the West Pakistan (Adaptation and Repeal of Laws) Act, 1957 (XVI of 1957), \r\nw.e.f. 14.10.1955, s.3 and schedule III; and published in the Gazette of West Pakistan (Extraordinary), pages 709- 789. \r\n176Repealed by the Punjab Land-revenue Act, 1967 (XVII of 1967). \r\n112. Effect of certain entries made in records -of-rights before November, \r\n1871.– An entry made with respect to any of the following matter s before the \r\neighteenth day of November, 1871, and attested by the proper officer, in the record \r\nof regular settlement sanctioned by the \r\n177\r\n[Provincial Government], namely:– \r\n(a) the enhancement or abatement of the rent of a tenant having right of \r\noccupancy or the commutation of rent in kind into rent in money or of \r\nrent in money into rent in kind, or the taking of rent in kind by division or \r\nappraisement of the produce or other procedure of a like nature, or \r\n(b) the letting or under-letting of land in which there is a right of occupancy \r\nby the tenant having that right, or the alienation of or succession to \r\nland in which such a right subsists, shall be deemed to be an \r\nagreement within the meaning of the last foregoing section. \r\n178\r\n[113. \r\n179\r\n[Nothing but rent or seed supplied recoverable].– \r\n180\r\n[(1)] Notwithstanding \r\nanything to the contrary in this Act or in any other law for the time being in force or \r\nany revenue record or agreement or any rule of custom or any decision of a Court or \r\narbitrator, no tenant shall be liable for, and no landlord shall be entitled to anything in \r\nthe shape of a cess, village cess, or other contribution or due or any free personal \r\nservice, in addition to the rent payable for the land held by the former under the \r\nlatter]. \r\n \r\n181\r\n[(2) Notwithstanding a ny agreement to the contrary, where a landlord \r\nsupplies any seed to his tenant, he shall be entitled to recover from the tenant only \r\nthe quantity of seed actually supplied and nothing in excess thereof.] \r\n182\r\n[114. Extinction of occupancy tenancies .– (1) Notwi thstanding anything \r\ncontained in any law for the time being in force, including this Act, no person shall, \r\nafter the coming into force of the Punjab Tenancy (Amendment) Act, 1952, acquire \r\nor have occupancy rights in any land under any enactment or contract or any decree \r\nor order of any Court or other authority and the existing occupancy rights in respect \r\nof all lands other than lands owned by Government or by any person who under the \r\nlaw for the time being in force is an evacuee, shall on the coming into fo rce of the \r\naforesaid Act, be extinguished, and the land comprised in a tenancy so extinguished \r\nshall vest as hereinafter provided. \r\n (2) An occupancy tenant, who at the time of the coming into force of the \r\naforesaid Amendment Act occupies any land as such s hall become owner as \r\nunder:– \r\n \r\n177Substituted for “Local Government” by the Government of India (Adaptation of Indian Laws) Or der, 1937, w.e.f. 1.4.1937, \r\nArticle 4 and Table of General Adaptations as amended by the Government of India (Adaptation of Indian Laws) Supplementary \r\nOrder, 1937. \r\n178Added by the Punjab Tenancy (Amendment) Act, 1950 (XVII of 1950), s.2; and published in th e Punjab Gazette \r\n(Extraordinary), dated 13.6.1951, pages 117-118. \r\n179Added by the Punjab Laws (Adaption, Revision and Repeal) Act, 1954 (XV of 1955), w.e.f.21.1.1955, s.2 and first schedule; \r\nand published in the Punjab Gazette (Extraordinary), pages 87-108. \r\n180Numbered by the Punjab Tenancy (Amendment) Act, 1952 (VII of 1952), w.e.f.4.2.1952, s.4; and published in the Punjab \r\nGazette (Extraordinary), pages 85-92. \r\n181Added by the Punjab Tenancy (Amendment) Act, 1952 (VII of 1952), w.e.f.4.2.1952, s.4; and published in the Punjab \r\nGazette (Extraordinary), pages 85-92. \r\n182Added by the Punjab Tenancy (Amendment) Act, 1952 (VII of 1952), w.e.f.4.2.1952, s.5; and published in the Punjab \r\nGazette (Extraordinary), pages 85-92. \r\n(a) of the entire land comprised in his tenancy without payment of any \r\ncompensation where he pays no rent therefor beyond the amount of \r\nthe land-revenue, and rates and cesses for the time being chargeable \r\ntherefor; \r\n(b) of such portion of the land comprised in his tenancy without payment of \r\nany compensation as corresponds to his share of the produce , where \r\nhe pays rent in the form of a share of the produce; \r\n(c) of the entire land comprised in his tenancy on payment of \r\ncompensation to the landlord in cash at such rates and within such \r\nperiods as may be prescribed by the Government by rules framed for \r\nthe purpose, where he pays rent only in cash; \r\n(d) of the whole or a portion of the land comprised in his tenancy on \r\npayment of such c ompensation in such form and within such time to \r\nthe landlord as may be determined by Government by rules framed \r\nunder this Act, where he pays rent partly in cash and partly in the form \r\nof a share of the produce. \r\n (3) So long as Government does not frame r ules for purposes of clauses \r\n(c) and (d) of sub -section (2), an occupancy tenancy falling under any of these \r\nclauses shall, notwithstanding the provision made in sub -section (1), continue to \r\nsubsist, and the landlord and the occupancy tenant shall continue to enjoy the same \r\nrights, and be subject to the same liabilities, as before. \r\n (4) In a case falling under clause (b) of sub -section (2) the landlord shall, \r\nwithout payment of any compensation, be entitled to the possession of the rest of the \r\nland comprised in the tenancy. \r\n (5) An occupancy tenant acquiring land in accordance with the provisions \r\nof sub-section (2) shall acquire it free from all encumbrances created in respect of \r\nthat land by the landlord and if any encumbrance be created by the tenant, the share \r\nof the land received by the landlord shall be free from it and notwithstanding any \r\nprovision of any law for the time being in force to the contrary each such \r\nencumbrance shall become the exclusive liability of the landlord or the occupancy \r\ntenant, as the case may be. \r\n (6) Where compensation is to be paid by a tenant in cash under clause (c) \r\nof sub-section (2) Government may, with a view to enabling an occupancy tenant to \r\nacquire land in accordance with the provisions of this section, advance a loan wh ich \r\nshall be recoverable as arrears of land -revenue with interest at such rates and in \r\nsuch instalments as the Government may fix generally or in particular cases. \r\n (7) Government shall frame rules to give effect to the provisions of this \r\nsection, and whil e framing rules it may classify lands into different categories and \r\nprescribe different principles for assessment of compensation.] \r\n183\r\n[114-A. Extinction of Muqarraridari rights .– (1) Notwithstanding anything \r\ncontained in any law for the time being in force, including this Act, no person shall, \r\nafter the coming into force of the Punjab Tenancy (Removal of Doubts and \r\nAmendment) Ordinance, 1974, hereinafter referred to as the said Ordinance acquire \r\n \r\n183Added by the Punjab Tenancy (Removal of Doubts a nd Amendment) Act, 1975 (XXXVIII of 1975), w.e.f. 2.12.1974, s.3; and \r\npublished in the Punjab Gazette (Extraordinary), dated 25.6.1975, pages 942-YYY to 942-BBBB. \r\nor have muqarraridari right in any land under any enactment or contract or other \r\nauthority, and the existing muqarraridari rights in respect of all lands other than the \r\nlands owned by or vesting in Government or by any person who, under the law for \r\nthe time being in force is an evacuee, shall, on coming into force of the said \r\nOrdinance, be extinguished and the land in respect of which muqarraridari rights are \r\nto be extinguished, hereinafter referred to as the said land, shall vest as hereinafter \r\nprovided. \r\n (2) A muqarraridar who, at the time of coming into force of the said \r\nOrdinance, occupies the said land as such shall become owner as under: — \r\n(a) of the said land in its entirety without payment of any compensation \r\nwhere he pays no rent therefor beyond the amount of the land -revenue \r\nand rates and cesses for the time being chargeable therefor; \r\n(b) of such portion of the said land without payment of any compensation \r\nas corresponds to his share of the produce where he pays rent in the \r\nform of a share of the produce; \r\n(c) of the said land in its entirety on payment of compe nsation to the \r\nproprietor in cash at such rates and within such periods as may be \r\nprescribed by the Government by rules framed for the purpose, where \r\nhe pays rent only in cash; and \r\n(d) of the whole or a portion of the said land on payment of such \r\ncompensation in such form and within such time to the proprietor as \r\nmay be determined by Government by rules framed under this section, \r\nwhere he pays rent partly in cash and partly in the form of share of the \r\nproduce. \r\n (3) So long as Government does not frame rules , for purposes of clauses \r\n(c) and (d) of sub -section (2), muqarraridari rights falling under any of those clauses \r\nshall, notwithstanding the provision made in sub -section (1) continue to subsist and \r\nthe proprietor and the muqarraridar shall continue to enj oy the same rights, and be \r\nsubject to the same liabilities, as before. \r\n (4) In a case falling under clause (b) of sub -section (2) the proprietor shall, \r\nwithout payment of any compensation, be entitled to the possession of the rest of the \r\nsaid land. \r\n (5) A muqarraridar acquiring land in accordance with the provisions of sub-\r\nsection (1) shall acquire it free from all encumbrances created in respect of that land \r\nby the proprietor and if any encumbrance be created by the muqarraridar the share \r\nof the land recei ved by the proprietor shall be free from it and notwithstanding any \r\nprovision of any law for the time being in force to the contrary, each such \r\nencumbrance shall become the exclusive liability of the proprietor or the \r\nmuqarraridar as the case may be. \r\n (6) Where compensation is to be paid by a muqarraridar in cash under \r\nclause (c) of sub -section (2) Government may, with a view to enabling a \r\nmuqarraridar to acquire land in accordance with the provisions of this section, \r\nadvance a loan which shall be recoverable as arrears of land-revenue with interest at \r\nsuch rates and in such instalments as the Government may fix generally or in \r\nparticular cases. \r\n (7) Government shall frame rules to give effect to the provisions of this \r\nsection, and while framing the rules it may classify land into different categories and \r\nprescribe different principles of assessment of compensation.] \r\n184\r\n[114-B. Removal of doubts .– Notwithstanding anything contained in this Act or \r\nany other law for the time being in force or any decree, judgment , or order of any \r\nCourt or any other authority, an occupancy tenant under a muqarraridar shall be \r\ndeemed and be deemed always to have, on the extinction of his occupancy rights \r\nunder section 114, become the owner of the rights possessed by the muqarraridar in \r\nthe entire or, as the case may be, in a part of the land comprised in his tenancy and \r\nin respect of such land section 114-A shall have effect accordingly.] \r\n185\r\n[115. Limits of holding for personal cultivation .– (1) No person owning more \r\nthan 100 acres of land shall have in his possession for personal cultivation any \r\nirrigated culturable land exceeding 50 acres. \r\nExplanation.– Where any such person has in his possession any such land jointly or \r\nin partnership with any one else, only his own share of the land in such possession \r\nshall be taken into consideration in computing the 50 acres for the purpose of this \r\nsub-section. \r\n (2) If a person owning more than 100 acres of land has in his possession \r\nculturable land in excess of 50 acres, he shall within three mont hs of the date on \r\nwhich the Punjab Tenancy (Amendment) Act, 1952, comes into force, and if such \r\nperson is in the military service of Pakistan on that date, then within six months of his \r\nrelease from such service, let out the area in excess of 50 acres to t enants on terms \r\npermissible under the law: \r\n Provided that if the said land in excess of 50 acres is under crop at the time of \r\nthe coming into force of the aforesaid Act, it shall be so let out within one month of \r\nthe removal of the crop: \r\n Provided further that if the land to be let out has been prepared for sowing, \r\nthe person who has so prepared it shall be entitled to compensation from the person \r\nto whom the land is let out, and such compensation and the mode of its payment \r\nshall, in case of a dispute, be assessed and determined by the Revenue -Officer \r\nreferred to in sub -section (4) in accordance with the provisions of this Act, in so far \r\nas these may be applicable. \r\n (3) Where a person not owning more than 100 acres of land on the date of \r\nthe coming into for ce of the Punjab Tenancy (Amendment) Act, 1952, acquires by \r\nany means more land which alongwith land already owned by him totals more than \r\n100 acres, he shall, within three months of such acquisition, let out to tenants so \r\nmuch of the land as is in his possession in excess of 50 acres of culturable land, and \r\nthe provisos to sub-section (2) shall in so far as applicable apply to this case. \r\n (4) If any person who is required by sub-section (2) or sub-section (3) to let \r\nout any land fails to find suitable tena nts, he shall, before the expiry of the period \r\nfixed by the relevant sub -section, intimate the fact in writing to the Revenue -Officer, \r\n \r\n184Added by the Punjab Tenancy (Removal of Doubts and Amendment) Act, 1975 (XXXVIII of 1975), w.e.f. 2.12.1974, s.4; and \r\npublished in the Punjab Gazette (Extraordinary), dated 25.6.1975, pages 942-YYY to 942-BBBB. \r\n185Added by the Punjab Tenancy (Amendment) Act, 1952 (VII of 1952), w.e.f.4.2.1952, s.5; and published in the Punjab \r\nGazette (Extraordinary), pages 85-92. \r\nwho would be competent under the law to entertain an application for the ejectment \r\nof the tenant from the land, if such l and had been let out to him, and such Revenue -\r\nOfficer shall proceed in accordance with such rules as may be framed by \r\nGovernment to find suitable tenants for the land. \r\n (5) When a person acts under sub -section (4), he shall let out the land to \r\ntenants recommended by the Revenue-Officer, and in case he fails to do so, he shall \r\nbe deemed to have contravened the provisions of this section, and besides any other \r\npenalty which may be imposed on him under the law, the Revenue -Officer referred \r\nto in sub -section (4) shall have the power to settle tenants on the land which such \r\nperson is keeping in excess of the limits prescribed by this section: \r\n Provided that if the Revenue -Officer fails to find tenants for the land, and in \r\nconsequence thereof such person continues to occupy any land in excess of the \r\nprescribed limits, he will not be deemed to have contravened the provisions of this \r\nsection: \r\n Provided further that in a case covered by the first proviso the Revenue -\r\nOfficer will have the power to settle tenants on the land at proper time, whenever he \r\nis able to find suitable persons for this purpose. \r\n (6) Where a person has in accordance with the provisions of sub -section \r\n(2) or sub-section (3) made a choice with respect to the land which he is to keep for \r\nhis personal cultivation, he shall not thereafter have the right to claim any other land \r\nin lieu of the whole or part of that land, even though he may have lost that land \r\nthrough alienation: \r\n Provided that he shall have the right of exchanging the said area of 50 acre s \r\nor any part thereof with any land in which he may acquire proprietary rights, by \r\ninheritance, after having made the said choice: \r\n Provided further that if the land reserved by a person for personal cultivation \r\nor any portion thereof is compulsorily acqui red by the Provincial or the \r\n186\r\n[Federal \r\nGovernment], or is rendered darya burd, or if 50 per centum or more of such land is \r\nrendered totally unculturable on account of the action of Sem or Thur, the said \r\nperson shall be entitled to so much additional area, as with the area, if any, still in his \r\npossession, and in the last mentioned case, the area fit for cultivation, will make up \r\n50 acres. \r\n (7) Land attached to and used for the purposes of a cattle farm or a stud \r\nfarm recognised by Government shall be exempt from the provisions of this section. \r\nBut an owner of any such farm shall not be entitled to retain for personal cultivation \r\nany other land, even though the land attached to such farm is less than 50 acres. \r\nExplanation.– For the purposes of this sub -section a cattle farm means a farm of \r\nagricultural land which is exclusively reserved for the purposes of breeding cattle, \r\nand a stud -farm means a farm of such land exclusively reserved for breeding of \r\nhorses or mules. \r\n (8) A person who owns 25 acres of land or more shall not be selected or \r\ngiven any land as a tenant under sub -section (2), (3), (4) or (5) and no tenant shall \r\nbe allowed more than 25 acres as such. \r\n \r\n186Substituted for the words “ Central Government” by the Federal Adaptation of Laws Order, 1975 (P.O. No.4 of 1975), w.e.f \r\n1.8.1975 Article 2 & Schedule; and published in Gazette of Pakistan (Extraordinary), pages435-467. \r\n (9) Government may, by notification in the official gazette, exempt any \r\nperson or class of persons o wning land or any land or class of land from the \r\noperation of this section. \r\nExplanation 1.– For the purposes of computing the area for personal cultivation an \r\nacre of unirrigated culturable land shall be counted as half an acre and the terms \r\nirrigated and unirrigated shall be defined by rules framed by Government under this \r\nAct, and if there is in the opinion of the Government any land which does not fall \r\nunder these two categories, the rules shall prescribe a separate category for it, and \r\nshall fix the rat io which such land shall bear in relation to irrigated land for purposes \r\nof such computation. \r\nExplanation 2.– For the purposes of this section, land under a garden which is in \r\nexistence on the date of the coming into force of the Punjab Tenancy (Amendment) \r\nAct, 1952, and which according to the nature of the trees planted is deemed fully \r\ncovered, shall not be treated as culturable even though any portion thereof may be fit \r\nor actually used for purposes of cultivation. But if a garden is planted in any land \r\nafter the coming into force of the aforesaid Act, the land thereunder shall be treated \r\nas culturable. \r\nExplanation 3 .– For the purposes of this section, if land, which according to the \r\nprovisions of the revenue law for the time being in force is banjar qadee m and is \r\nshown in revenue record as such is brought under cultivation or a garden is planted \r\ntherein, shall continue to be treated as not culturable. \r\nExplanation 4 .– For the purposes of this section cultivation through any direct \r\ndescendant of the person o wning land or his wife or servant or hired labour shall be \r\ntreated as personal cultivation by the said person. \r\nExplanation 5 .– For the purposes of this section a mortgagee of land with \r\npossession, a tenant of Government land under the \r\n187\r\n[Colonization of Gov ernment \r\nLands (Punjab) Act, 1912], who has not acquired proprietary rights, a lessee other \r\nthan a lessee of \r\n188\r\n[Government land], and an allottee whether provisional or \r\npermanent of land under the law for the rehabilitation of refugees for the time being \r\nin force shall be deemed to be a person owning such land]. \r\n189\r\n[116. Offences.– (a) If any landlord– \r\n(i) recovers from any tenant anything in the shape of a cess, village cess \r\nor other contribution or due or any other free service in addition to the \r\nrent payable in respect of the land held by the latter under the former; \r\nor \r\n(ii) recovers from the tenant in lieu of the seed supplied to him anything in \r\nexcess of the seed actually supplied; or \r\n(iii) ejects a tenant forcibly or against the provisions of law; or \r\n \r\n187Substituted for “Colonization of Crown Lands Act, 1912” by the Punjab Laws (Adaption, Revision and Repeal) Act, 1954 (XV \r\nof 1955), w.e.f.21.1.1955, s.2 and first schedule; and published in the Punjab Gazette (Extraordinary), pages 87-108. \r\n188Substituted for the words “Crown land” by the West Pakistan Laws (Adaption) Order, 1964, (P.O. No. 1 of 1964), w.e.f. \r\n8.6.1962, s.2 and Schedule; and published in the Gazette of West Pakistan (Extraordinary) dated 3.6.1964, pages 1805-1849. \r\n189Added by the Punjab Tenancy (Amendment) Act, 19 52 (VII of 1952), w.e.f.4.2.1952, s.5; and published in the Punjab \r\nGazette (Extraordinary), pages 85-92. \r\n(b) if any person owning land contravenes the provisions of section \r\n115; or \r\n(c) if any tenant refuses or fails to vacate any land in compliance \r\nwith an order passed by competent authority– \r\nhe shall be guilty of an offence punishable with imprisonment of either \r\ndescription which may extend to one year or fine or with both]. \r\n \r\n190\r\n[THE SCHEDULE * * * * *] \r\n \r\n190Repealed by the Amending Act, 1891 (XII of 1891),s.2 and the first schedule; and published in the Gazette of India, dated \r\n21.3.1891.", "passage_offset_convention": "zero-based Unicode code points and UTF8 bytes; end exclusive", "passages": [ { "passage_id": 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