Cash-rents paid by Tenants having right of Occupancy.

 

22.  Enhancement of cash rents of occupancy tenants- (1) Where a tenant having a right of occupancy pays his rent entirely by a cash-rate on a recognized measure of area or by a cash-rent in gross on his tenancy, the rent may be enhanced on the ground that after deduction therefrom of land-revenue of, and the rates and cesses chargeable on, the tenancy, it is-

(a)    if the tenant belongs to the class specified in clause (a) of sub-section (1) of section 5, less than two annas per rupee of the amount of the land-revenue;

(b)   if he belongs to any of the classes specified in clauses (b) , (c) and (d) of that sub-section less than six annas, per rupee of the land-revenue ;

(c)    if he belongs to the class specified in section 6, or if his right of occupancy is established under section 8 and his rent is not regulated by contract less than twelve annas per rupee of the amount of the land-revenue.

 

(2) In a case to which sub-section (1) applies, the rent may be enhanced to an amount not exceeding  two, six or twelve annas per rupee of the amount of the land-revenue as the case may be , in addition to the amount of the land-revenue of the tenancy and the rates and cessers chargeable thereon.

 

(3) *  *  *  *  *.

 

23.  Reduction of rents referred to in last foregoing section -The rent payable buy a tenant to whom the last foregoing section applies may be reduces on the ground that the productive powers of his tenancy have been decreased by a cause beyond his control.

 

General Provisions relating to suits for Enhancement or Reduction of Rent.

 

24.  Enhancement and reduction of rent by suit- (1) A Revenue Court, on the suit of either landlord or tenant, may subject to the provisions of this and other sections of this Act, enhance or reduce the rent of any tenant having a right of occupancy.

(2) Where a decree for the enhancement of the rent of such a tenant has been passed under the Punjab Tenancy Act, 1868, a suit for a further enhancement of his rent shall not lie till the expiration of five years from the date of the decree, unless in the meantime the local area in which the land comprised in the decree is situate has been generally reassessed and the revenue payable in respect of that land has been increased.

(3) Subject to the provision of sub-section (2) a suit instituted for the enhancement of the rent of a tenant having a right of occupancy shall not be entertained in either of the following cases, namely :-

(a)    if within the ten years next preceding its institution his rent has been commuted under section 13 or enhanced under this section;

(b)   if within that period a decree has been passed under this Act dismissing on the merits a suit for the enhancement of his rent,

unless the land or some part of the land comprised in his tenancy, not having been irrigated, or flooded at the time of such commutation, enhancement or decree, has become irrigated or flooded.


 


1Sub-clause                                         

1(4) *  *  *   *  *  *  *  *.

 

25.  Discretion as to extent of enhancement or reduction - In enhancing or reducing  the rent of any land, under the foregoing provisions of this chapter, the Court shall within the limits prescribed by those provisions, enhance or reduce the rent, to such an amount as it considers fair and equitable, but shall not in any case fix the rent at a sum less than the amount of the land-revenue of the land and the rates and cesses chargeable thereon.

 

26.       Time for enhancement or reduction take effect - (1) Unless the court decreeing an enhancement of rent otherwise directs the enhancement shall take effect from the commencement of the agricultural year next following the date of the decree.

 (2) A Court decreeing a reduction of rent shall specify in the decree the date on from which the reduction is to take effect.

 

Adjustment of Rents expressed in terms of the Land-revenue

 

27.  Adjustment of rents expressed in terms of the land-revenue -(XVII of 1887) -(1) Where the rent of a tenancy is the whole or a share of the land-revenue thereof, with or without an addition in money, kind or service, and land-revenue of the holding in which the tenancy is situate is altered, a  Revenue-officer having authority under section 56 of the Punjab Land-revenue Act, 1887, to determine the land-revenue payable in respect of the several holdings comprised in the estate in which the tenancy is situate shall determine also the amount of the land-revenue of the tenancy or the proportionate share thereof, payable by the tenant as rent.

(2) Where an addition referred to in sub-section (1) is a percentage fixed with reference to the land-revenue of the tenancy, or the whole or a share of the rates and cesses chargeable thereon, or both the revenue-officer shall in like manner from time to time alter the amount of the addition in proportion to any alteration of such land-revenue or rates and cesses.


 


1Sub-clause (4) (added by Punjab Act 11 of 1925) was omitted by the Indian Adaptation of Existing Indian Laws) order, 1947, section 4(I).

 

(3) The sum or sums determined under the foregoing sub-sections, together with any addition previously payable other than the additions referred to in sub-section (2), shall be the rent payable in respect of the tenancy until there is again an alteratio9n of the land-revenue thereof or of the rates and cesses chargeable thereon or until the rent is enhanced by a suit under this Act.

 

(4)        An alteration of rent under this section shall not be deemed an enhanced or reduction of rent within the meaning of this Act.

 

1(5) *    *   *   *   *.

2[Adjustment of rents paid by occupancy tenants in Attock District.]

 

3[27-A.  *    *     *     *    *    *].

 

Alteration of Rent on Alteration of Area.

 

28.  Alteration of rent on alteration of area - (1) Every tenant shall-

(a)    be liable to pay additional rent for all land proved to be in excess of the area for which rent has been preciously paid by him, unless it is proved that ahe excess is due to the addition to his tenancy of land which  having previously belonged to the tenancy. Was lost by diluvion or otherwise without any reduction of the rent being made; and

(b)   be entitled to and abatement of rent in respect of any deficiency proved to exist in the area of his tenancy as compared with the paid by him, unless it is proved that the deficiency is due to the loss of land which was added to the area of the tenancy by  alluvion or otherwise, and that an addition has not been made to the rent in respect of the addition to the area.


 

   1Sub-section (5) added by Punjab Act 11 of 1025 was omitted by the India Adaptation of Existing Indian Laws Order, 1947, section 4(I).

2Sub-section 27-A together with the heading omitted by the India (Adaptation of Existing Indian Laws) Order, 1947, section 4(I)

 

(2) In determining the area for which rent has been previously paid the Court shall have regard to the following among other matters, namely :-

(a)    the origin and conditions of the tenants’ occupancy  for instance whether the rent was a rent in gross for the entire tenancy;

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

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

 

(3) In addition to or abating rent under this section, the Court shall add to or abate the rent to such an amount as it deems to be fair and equitable, and shall and shall specify in its decree the date on and from which the addition or abatement is to take effect.

(4)            An addition to or abatement of rent under this section shall not be deemed an enhancement or reduction of rent within the meaning of this Act.

 

Remission

 

29.  Remission of rent by Courts decreeing arrears -Notwithstanding anything in the foregoing sections of this Chapter, if it appears to a Court making a decree for and arrear of rent that the area of a tenancy has been so diminished by diluvion or otherwise, or that the produce thereof has been so diminished by drought, hail, deposit of sand or other like calamity, that the full amount of rent payable by the tenant cannot be equitably decreed, the Court may, with the previous sanction of the Collector; allow such remission from the rent payable by the tenant as may appear to it to be just.

 

30.  Remission and suspension of rent consequent on like treatment of land revenue 1[(1)  Wherever the payment of the whole or any part of the land revenue payable in respect of any land is remitted or suspended, a Revenue-officer may, if the rent be payable in cash or be rent payable in kind of which the amount is fixed, by order, remit or suspend, as the case may be, the payment of the  rent of that land to an amount which may bear the same proportion to the whole of the rent payable in respect of the land ass the land-revenue of which payment has ben remitted or suspended bears to the whole of the land-revenue payable in respect of the land :                                                                                                                                               


1Substituted for the old Sub-section by Punjab Act I of 1906, section 3.

 


Provided that in case of an occupancy-tenant, whose rent is of the nature hereinbefore in this sub-section described, the remission or suspension of the land-revenue payable in respect of the land shall, in the absence of a written order by a Revenue-officer to the contrary carry with it a proportionate remission or suspension, as the case may be, of his rent.

When the payment of the rent of any kind has been suspended under this clause it shall remain under suspension until the Collector orders the revenue of that land to be realized.]

(2) An order passed under sub-section (1) shall not be liable to be contested by suit in any Court.

(3) A suit shall not lie for the recovery of any rent of which the payment has been remitted, or during the period of suspension, of any rent of which the payment has been suspended.

(4)               where the payment of rent has been suspended the period during which the suspension has continued shall be excluded in the computation of the period of limitation prescribed for a suit for the recovery of the rent.

1[(5) If the landlord collects from a tenant any rent of which the payment has been remitted, or is under suspension, the Revenue-officer may recover from the landlord the amount or value of the rent so collected, and may also recover by way of penalty a further sum not exceeding such amount or value, and may cause to be refunded to the tenant the amount or value of the rent so collected from him.]

(6) The provisions of this section relating to the remission and suspension of the payment of rent may be applied, so far as they can be made applicable, to land if which the land-revenue has been released, compounded for or redeemed in any case in which, if the land-revenue inn respect of the land had not been released, compounded for or redeemed, the whole or any part of it might in the opinion or the Revenue-officer, be remitted or suspended under the rules for the time being in force regulating the remission and suspension of land-revenue.

1Substituted for the old sup-section by Punjab Act I of 1906 section 4.

 1[(7) Any sum of which the recovery is ordered under sub-section (5) on account of rent or penalty may be recovered by the Collector as if it were an arrear ofland-revenue.]

 

Deposits.

 

31.  Power to deposit rent in certain cases with Revenue-officer- In either of the following cases, namely :-

(a)    when a landlord refuses to receive, or grant a receipt for, any rent payable in money when tendered to him by a tenant;

(b)   when a tenant is in doubt as to the person entitled to receive rent payable in money;

the tenant may apply to a Revenue-officer for leave to deposit the rent in his office, and the Revenue-officer shall receive the deposit if, after examining the applicant, he is satisfied that there is sufficient ground for the application and if the applicant pays the fee, if any, chargeable for the issue of the notice next hereinafter referred to.

 

32.  Effect of depositing rent -(1) When a deposit has been so received it shall be deemed to be a payment made by the tenant to his landlord in respect of rent due.

            (2) the revenue-officer receiving the deposit shall give notice of the receipt thereof to every person who he has reason to believe claims or is entitled to the deposit, and may pay the amount thereof to any person, appearing to him to be entitled thereto, or may, if he thinks fit, retain the deposit pending the decision of a competent Court as to the person so entitled.

            (3) No suit or other proceeding shall be instituted against the 2[Government[, or against any officer of the 2[Government] in respect of anything done be a Revenue-officer under this section, but noting in this sub-section shall prevent any person entitled to receive the amount of any such deposit from recovering it from a person to who0m it has been paid by a Revenue-officer.


    

1Added by Punjab Act I of 1906, section 5.

2Substituted for the word “Crown” by the Adaptation of Laws Order, 1950.

 

 

Recovery of rent form attached Produce.

33.  Recovery of rent from attached produce - (1) If an order is made by any Court for the attachment of the produce of a tenancy or of any part of a tenancy, the landlord may apply to the Revenue-officer by whom t6he attachment is to be or has been made to sell the produce and pay to him out of the proceeds of the sale thereof the amount or value of-

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

(b)   the rent which will be falling due after the harvesting of the produce and is chargeable against it.

 

(2) The Revenue-officer shall give the person at whose instance the attachment was made an opportunity of showing cause why the application of the landlord should not be granted, and, if he finds the landlord’s claim to the whole or any part of the rent to be proved he shall cause the produce or such portion thereof as he may deem necessary to be sold, and shall apply the proceeds of the sale in the first instance to satisfy the claim.

(3) the finding of the Revenue-officer under sub-section (2) shall have the force, of a decree in a suit between the landlord and the tenant.

 

 

Leases for period exceeding term of Assessment of Land-revenue.

 

34.  Treatment of leases for period exceeding or equal to term of assessment of land-revenue. (1) Where a lease has been granted, or an agreement has been entered into, by a landowner in respect of any land assessed to land-revenue fixing for a period exceeding the term for which the land-revenue has been assessed the rent or other sum payable in respect of the land under the lease or agreement, and that term has expired, the lease or agreement shall be voidable-

(a)    at the option of the landowner if the land revenue of the land has been enhanced and the person to whom the lease has been granted or with whom the agreement has been entered into refuses to pay such rent or other sum as a Revenue Court, on the suit of the land-owner, determines to be fair and equitable [* * 1 * *]; and

where the relation of landlord and tenant exists between the grantor and grantee of the lease or between the persons who entered into the agreement-

(b)   at the option of the tenant if the land-revenue of the land has been reduced and the landlord refuses to accept such rent as a Revenue Court, on the suit of the tenant, determines to be fair and equitable [* * * * 1 * * * *].

(2) Any agreement relative to the occupation, rent profits or produce of any land which has been entered into for the term of the currency of an assessment shall, unless a contrary intention clearly appears in the agreement or the agreement is terminated by consent of parties or course of law, continue in force until a revised assessment takes effect.

 

CHAPTER IV

RELINQUISHMENT, ABANDONMENT AND EJECTMENT

Relinquishment.

 

35.  Relinquishment by tenant for fixed term A tenant holding for a fixed term under a contract or a decree or order of competent authority may relinquish his tenancy without notice at the end of that term.

 

36.  Relinquishment by any other tenant (1) Any other tenant may relinquish his tenancy by giving verbally or in writing to his landlord, or to his landlord’s agent, on or before the fifteenth day of January in any year, notice of his intention to relinquish the tenancy at the end of the agricultural year then current.

            (2) the tenant may, instead of, or in addint6ion to giving the notice in the manner mentioned in sub-section (1), apply to a Revenue-officer on or before the date aforesaid to cause the notice to be served on the landlord, and the Revenue-officer on receiving the cost of service from the tenant; shall cause the notice to be served as soon as may be.

            (3) If the tenant does not give notice in the manner prescribed in this section, he shall be liable to pay the rent of his tenancy for any part of the ensuing agricultural year during which the tenancy is not let by the landlord to some other person or is not cultivated by the landlord himself.

 

37.  Relinquishment of part only of tenancy - A tenant cannot, without the consent of his landlord, relinquish a part only of his tenancy.

 

Abandonment

 

38.  Abandonment of tenancy be occupancy tenant- (1) If a tenant having a right of occupancy fails for more than one year without sufficient cause to cultivate his tenancy either by himself or some other person, and to arrange for payment of the rent thereof as it falls due, the right of occupancy shallo be extinguished from the end of that year.

1[(2) * * * * * *.

 

Ejectment

LIABILITY TO EJECTMENT

 

39.  Grounds of ejectment of occupancy tenant - (1) A tenant having a right of occupancy shall be liable to be ejected from his tenancy on any of the following grounds, namely :-

(a)    that he has used the land comprised in the tenancy in  a manner which renders it unfit for the purposes for which he held it;

(b)   where rent is payable in kind, that he has without sufficient cause failed to cultivate that land in the manner or to the extent customary in the locality in which the land is situate;  


 


1Sub-clause (2) of section 38 (inserted by Punjab Act XI of 1925), was omitted by the Indian (Adaptation of Existing Laws) Order 1947.

 

(c)    when a decree for and arrear of rent in respect of his tenancy has been passed against him and remains unsatisfied.

1[(2) *  *  *  *  *  *.

 

40.  Grounds of ejectment of tenant for a fixed term-A tenant not having a right of occupancy by holding for a fixed term under a contract or a decree or order of competent authority, shall be liable to be ejected from his tenancy at the expiration of that term, and, on any of the following grounds, before the expiration thereof, namely :-

(a)    that he has used the land comprised in the tenancy in a manner which renders it unfit for the purposes for which he held it ; 

(b)   where rent is payable in kind, that he has without sufficient cause failed to cultivate that land in the manner or to the extent customary in the locality in which the land is situate;

(c)    on any ground which would justify ejectment under the contract, decree or order.

 

41.  Ejectment of tenant from year to year -A tenant who has not a right of occupancy and does not hold for a fixed term under a contract or a decree or order of competent authority, may be ejected at the end ofany agricultural year.

 

PROCEDURE ON EJECTMENT

           

 

42.  Restriction on ejectment – A tenant shall not be ejected otherwise than in execution of a decree for ejectment, except in the following cases, namely :-

(a)    when a decree for an arrear of rent in respect of his tenancy has been passed against him and remains unsatisfied;

(b)   when a tenant has not a right of occupancy and does not hold for a fixed term under a contract or a decree or order of competent authority.


 


1Omitted by the India (Adaptation of Existing Laws) Order, 1947.

 

43.  Application to Revenue-officer for ejectment -In any such case as is mentioned in clause (a) or clause (b) of the last foregoing section the landlord may apply to a Revenue-officer for the ejectrment of the tenant in the case mentioned in the former clause or for the service on the tenant of the tenant of a notice of ejectment in the case mentioned in the latter clause.

 

44.  Ejectment for failure to satisfy decree for arrear of rent-  (1) On receiving the application in any such case as is mentioned in clause (a) of section 42, the Revenue-officer shall, after such inquiry with respect to the existence of the arrear as he deems necessary, cause a notice to be served on the tenant stating the date of the decree and the amount due there under, and informing his that if he does not pay that amount to the Revenue-officer within fifteen days from receipt of the notice he will be ejected from the land.

(2) If the amount is not so paid the Revenue-officer shall, subject to the provisions of this Act with respect to the payment of compensation, order the ejectment of the tenant unless good cause is shown to the contrary.

 

45.  Ejectment of tenant from year to year by notice-  (1) On receiving the application of the landlord in any such case as is mentioned in clause (b) of section 42, the Revenue-officer shall, if the application is in order and not open to objection on the face of it, cause a notice of ejectment to be served on the tenant.

            (2) A notice under sub-section (1) shall not be served after the fifteenth day of November in any 1[agricultural] year.

            (3) The notice shall specify the name of the landlord on whose application it is issued and describe the land to which it relates, and shall inform the tenant that he must vacate the land before the first day of May next following, or that if he intends to contest his liability to ejectment, he must institute a suit for that purpose in a Revenue Court within two months from the date of the service of the notice.

            (4) The notice shall also inform the tenant that if he does not intend to contest his liability to be ejected and he has any claim for compensation on ejectment, he should within two months from the date of the service of the notice prefer his claim to the Revenue-officer having authority under the next following sub-section to order his ejectment in the circumstances described in that sub-section.

1Inserted by the Amending Act, 1891 (XII of 1891).

(5)               If within two months from the date of the service of the notice the tenant does not institute a suit to contest his liability to be ejected a Revenue-officer, on the application of the landlord shall, subject to the provisions of this Act with respect to the payment of compensation, order the ejectment of the tenant :

Provided that the Revenue-officer shall not make the order until he is satisfied that the notice was duly served on the tenant.

(6)               If within those two months the tenant institutes a suit to contest his liability to be ejected and fails in the suit, the Court by which the suit is determined shall by its decree direct the ejectment of the tenant.

 

46.  Power to make rules - The Financial Commissioner may make rules prescribing-

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

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

 

GENERAL PROVISIONS RESPECTING EJECTMENT.

 

47.  Time for ejectment - A decree or order for the ejectment of a tenant shall not be executed at any other time than between the first day of May and the fifteenth day of June (both days inclusive), unless the Court making the decree pr, where the order is made under section 44, the officer making the order, otherwise directs.

 

48.  Relief against forfeiture - (1) If in a suit for the ejectment of a tenant on either of the grounds mentioned in clauses (a) and (b) of section 39 or of section 40, it appears to the Court that the injury caused by the act or omission on which the suit is based is capable of being remedied, of that an award of compensation will be sufficient satisfaction to the landlord therefor, the Court may, instead of making a decree for the ejectment of the tenant order him to remedy the injury within a period to be fixed in the order or order him to pay into Court, within such a period, such compensation as the Court thinks fit.

(2) The Court may from time to time, for special reasons, extend a period fixed by it under sub-section (1)

            (3) If within the period, or extended period, as the case may be fixed by the Court under this section, the injury is remedied or the compensation is paid, a decree for the ejectment of the tenant shall not be made.

 

49.  Right of ejected tenant in respect of crops and land prepared for sowing - (1) Where at the time of the proposed ejectment of a tenant from any land his uncut or ungathered crops are standing on any part thereof, he shall not be ejected from that part until the crops have ripened and he has been allowed a reasonable time to harvest them.

(2) The Court or Revenue-officer decreeing or ordering the ejectment of the tenant may on the application of the landlord, determine, any dispute arising in consequence of the provisions of sub-section (1) between the landlord and tenant or between the landlord and any person entitled to harvest discretion-

(a)    direct that the tenant pay for the longer occupation of the land secured to him under sub-section (1) such rent as may be fair and equitable ; or

(b)   determine the value of the tenant’s uncut and ungathered crops, and, on payment thereof by the landlord to the Court of Revenue-officer forthwith eject the tenant.

           

            (3) When a tenant for whose ejectment proceeding have been taken has comfortably with local usage prepared for sowing any land comprised in his tenancy but has not sown or planted crops on that land, he shall be entitled to receive from the landlord before ejectment aq fair equivalent in money for the labour and capital expended by him in so preparing the land and the Court or Revenue-officer before which or whom proceedings, are pending shall, on the application of the tenant, determine the sum payable to the tenant under this sub-section and stay his ejectment until that sum has been paid to him.

 
RELIEF FOR WRONGFUL DISPOSSESSION

 

50.  Relief for wrongful dispossession or ejectment - In either of the following cases, namely-

(a)    if a tenant has been dispossessed without his consent of his tenancy or any part thereof otherwise than in execution of a decree or than in pursuance of an order under section 44or section 45;

(b)    If a tenant who, not having instituted a suit under section 45 has been ejected from his tenancy or any part thereof in pursuance of an order under that section denies his liability to be ejected;

 

The tenant may within one year from the date of his dispossession or ejectment, institute a suit for recovery of possession or occupancy or for compensation, or for both.

 

1[50-A. Bar to civil suits No person whose ejectment has been ordered by a Revenue Court under section 45, sub-section (6) or whose suit has been dismissed under section 50, may institute a suit in a civil court to contest his liability to ejectment or to recover possession or occupancy rights; or to recover compensation.]

 

51.       Bar of relief by under section 9, Act I of 1877 - Possession of a tenancy or of any land comprised in a tenancy shall not be recoverable under section 9 of the Specific Relief Act, 1877, 2by a tenant dispossessed thereof.

 

Power to vary dates prescribed by this Chapter.

 

52.  Power for 4[State] government to fix date for certain purposes-  (1) The 3[State] Government may, for all or any of the territories under its administration by notification fix for the purposes of sections 36, 45 and 47 or of any of those sections, any other dates instead of those specified therein.


 


1Inserted by Punjab Act V of 1929, section 2.

22Unrepealed Central Acts, Volume II.

3Subnstituted for the word “Provincial” by the Adaptation of Laws order, 1950.

4Substituted for the word “Provincial” by virtue of change made in the section by the Adaptation of Laws Order, 1950.

 

(2) A notification under this section shall not take effect till after the expiration of six months from the date of the publication thereof.

 
CHAPTER V

ALIENATION OF, AND SUCCESSION TO,

RIGHT OF OCCUPANCY

 

1[52-A. Alienation *  *  *  *  *  *.

 

 

53.  Private transfer of right of occupancy under section 5 by tenant - (1) A tenant having a right of occupancy under section 5 may transfer that right by sale gift or mortgage, subject to the conditions mentioned in this section.

(2) If he intends to transfer the right by sale, gift, mortgage by conditional sale or usufructuary mortgage, he shall cause notice of his intention to be served on his landlord through a Revenue-officer and shall defer proceeding with the transfer for a period of one month from the date on which the notice is served.

(3) Within that period of one month the landlord may claim to purchase the right at such value as a Revenue-officer may, on application made to him in this behalf, fix.

(4)               when the application to the Revenue-officer is to fix the value of a right of occupancy which is already mortgaged, he shall fix the value of the rights as if it were not mortgaged.

(5)               The landlord shall be deemed to have purchased the right if he pays the value to the Revenue-officer within such time as that officer appoints.

(6)               On the value being so paid, the right of occupancy shall be extinct, and the Revenue-officer shall, on the application of the landlord, put the landlord in possession of the tenancy.

(7)               If the right of occupancy was already mortgaged the tenancy shall pass to the landlord unencumbered by the mortgage but the mortgage-debt shall be a charge on the purchase-money.


 


1Section 52-A [added by the Punjab Tenancy (Amendment) Act, 1925 (XI of 1925), section 10,[ omitted by the India (Adaptation of Existing Laws Order, 1947 section 4 (ii).

 

(8)               If there is no such charge as aforesaid the Revenue-officer shall, subject to any directions which he may receive from any Court, pay the purchase-money to the tenant.

(9)               If there is such a charge the Revenue-officer shall subject as aforesaid either apply in discharge of the purchase- money as the mortgage-debt so much of the purchase-money as is required for that purpose and pay the balance, if any to the tenant, or retain the purchase-money pending the decision of a Civil Court as to the person or persons entitled thereto.

(10)           Where there are several landlords of a tenancy any one of them pay be deemed to be the landlord for the purposes of this section.

(11)           No suit or other preceding shall be instituted against the 1[Government], or against any officer of the 1[Government] in respect of anything done by a Revenue-officer under the two last foregoing sub-sections, but nothing in this sub-section shall prevent any person entitled to receive the whole or any part of the purchase-money from recovering it from a person to whom it has been paid by a Revenue-officer.

 

54.  Procedure on foreclosure of mortgage of right of occupancy under section 5 - Where a mortgagee of a right of occupancy under section 5 proposes to foreclose his mortgage, or otherwise enforce his lien on the land subject to the right, the provisions of the last foregoing section shall, so far as they can be made applicable, apply as if the mortgagee were the tenant.

 

55.  Sale of right of occupancy under section 5 in execution of decree - (1) A right of occupancy under section 5 may be sold in execution of a decree or order of a Court.

(2) But notice of an intended sale of any such right shall be given by the Court to the landlord, and if at any time before the close of the day on which the sale takes place the landlord pays to the Court or to the officer conducting the sake a deposit of twenty –five per centum on the highest bid made at the sale he shall be declared to be the purchaser instead of the person who made that bid.

 


1Substituted for the word “Crown” by the Adaptation of Laws Order, 1950.

 


56.  Transfer of right of occupancy under any other section than section 5 - A right of occupancy under any other section than section 5 shall not be attached or sold in execution of a decree or order of any Court or, without the previous consent in writing of the landlord, be transferred by private contract.

 

57.  Rights and liabilities of transferee of right of occupancy - When a right of occupancy has been transferred by sale, gift or usufructuary mortgage to a person other than the landlord, that person shall in respect of the land in which the right subsists, have the same rights and be subject to the same liabilities as the tenant to whom before the transfer the right had belonged and was subject to.

 

58.  Subletting -(1) A tenant having a right of occupancy in land may, subject to the provisions of this Act and to the conditions of any written contract between him and his landlord, sublet the land or any part thereof for any term not exceeding seven years.

(2) A person to whom land is sublet by a tenant having a right of occupancy therein shall, in respect of that land, so far as regards the landlord be jointly with the tenant, subject to all the liabilities of the tenant under this Act.

 

1[58-A Transfer of right of occupancy under any section of the Act by exchange -(1) Any tenant with a right of occupancy may, with the consent of his landlord, transfer his land to all the members of a Co-operative Society for the Consolidation of Holding of which both he and his landlord are members and obtain from them any other land in exchange.

 

Succession

 

59.        Succession to right of occupancy - (1) When a tenant having a right of occupancy in any land dies, the right shall devolve-

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


 


1Added by Punjab Act 2 of 1927 section 2. (this amendment was made effective from the 1st day of April, 1920).

 

(b)               failing such descendants, on his widow if any until she dies or remarries or abandons the land or is under the provisions of this Act ejected therefrom; and

1[(c)     failing such descendants and widow, or widowed mother, if any, until she dies or remarries or abandons the land or is under the provisions of this Act ejected therefrom].

2[(d)     failing such descendants and widow, or widowed mother or, if the deceased tenant left a widow or widowed mother then when her interest terminates under clause (b) or (c) of this sub-section, on his male collateral relatives in the male line of descent from the common ancestor of the deceased tenant and those relatives].

 

Provided with respect to clause 3(d) of this sub-section, that the common ancestor occupied the land

 

4[Explanation.-  For the purpose of clause 5(d) land obtained in  exchange by the deceased tenant or any of his predecessors-in-interest in pursuance of the provisions of sub-section (1) of section 58-A shall be deemed to have been occupied by the common ancestor if the land given for it in exchange was occupied by him].

(2) As among descendants and collateral relatives claiming under sub-section (1) the right shall, subject to the provisions of that sub-section devolve as if it were land left by the deceased in the village in which the land subject to the right is situate.

(3) When the widow of a deceased tenant succeeds to a right of occupancy she shall not transfer the right by sale, gift or mortgage or by sub-lease for a term exceeding one year.


 


1Substitutede for the old clause by Punjab Act 9 of 1939, section 2(I).

2Inserted by Punjab Act 9 of 1939, section 2(ii).

3Substituted for the letter “c” in brackets by Punjab Act 9 of 1939, section 2(iii).

4Added by Punjab Act 2 of 1927, section 3. (This amendment was made effective from the 1st day of April, 1920)

5Substituted for the letter “c” in brackets by Punjab Act 9 of 1939, section 2(iv).

 

(4) If the deceased tenant has left no such persons as are mentioned in sub-section (1) on whom hiss right of occupancy may devolve under that sub-section, the right shall be extinguished.

 

Irregular Transfers.

 

60.  Irregular transfer of right of occupancy - Transfer made of a right of occupancy in contravention of the foregoing provisions of this Chapter shall be avoidable at the instance of the landlord.

 

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