CHAPTER VI.

IMPROVEMENTS AND COMPENSATION.

Improvement by Landlords.

 

 

61.  Improvements by landlords on tenancies of occupancy tenants - (1) Without the previous permission of the Collector, a landlord shall not improvement on the tenancy of a tenant having a right of occupancy.

            (2) If a landlord desires to make such an improvement he may apply to the Collector for permission to make it and the Collector shall before making an order on the application, hear the objection, if any, of the tenant.

            (3) In making an order on an application under sub-section (2) the Collector shall be guided by such rules if any as the 1[State] Government may, * * 2 * * * *, make in this

behalf.

 

62.  Enhancement of rent in consideration of an improvement made by a landlord on the tenancy of an occupancy tenant - (1) When a landlord has with the permission mentioned in the last foregoing section, made an improvement on the tenancy of a tenant having a right of occupancy he may apply to the Collector fir an enhancement of the rent of the tenant.

(2) If the tenant is a tenant to whom section 20 applies the Collector shall enhance his rent to the share or rates or with reference to the rent in gross as the case may be paid by tenants having a similar right of occupancy for land of a similar description and with similar advantages.


 


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

2The words “with the previous sanction of the Governor-General in Council” were repealed by the Decentralization Act, 1914 (4 of 1914).

 

(3)        If the tenant is a tenant to whom section 22 applies the Collector shall enhance his rent to such amount as the tenant would be liable to pay under that section if the land-revenue were re-assessed.

(4)        When the improvement ceases to exist, the  Collector may, on the application of the tenant, reduce the tenant’s rent,-

(a)    in the case of a tenant to whom sub-section (2) applies to share or rates, or with reference to the rent in gross as the case may be paid by tenants having a similar right of occupancy for land of a similar description and with similar advantages; and

(b)   in the case of a tenant to whom sub-section (3) applies to such an amount as the tenant would be liable to pay if the land revenue were re-assessed.

 

(5)        Section 25 and 26 shall be construed as applying to an application under this section and a suit shall not lie in any Court for any purpose for which an application might be made under this section.

 

Improvements by Tenants.

 

63.  Title of occupancy tenant to make improvements - A tenant having a right of occupancy is entitled to make improvements on his tenancy.

 

64.  Title of tenants not having right of occupancy to make improvements - (1) A tenant not having a right of occupancy may make improvements on his tenancy with the assent of his landlord.

(2) If at any time the question arises whether or not the landlord assented to the making of an improvement by a tenant not having a right of occupancy the assent may be inferred from circumstances.

 

65.  Improvements made before commencement of this Act - Improvement made by a tenant before the commencement of this Act shall be deemed to have been made in accordance with this Act, unless in the case of a tenant not having a right of occupancy it is shown that the improvement was made in contravention of a written agreement between him and his landlord.

 

66.  Improvements begun in anticipation of ejectment - A tenant ejected in execution of a decree or in pursuance of a notice of a notice of ejectment shall not be entitled to compensation for any improvement begun by him, after the institution of the suit or service of the notice which resulted in his ejectment.

 

67.  Tender of lease for twenty years to tenant to be a bar to right to compensation - If a landlord tenders to a tenant a lease of his tenancy for a term of not less than twenty years from the date of the tender at the rent then paid by the tenant or at such other rent as may be agreed on the tender if accepted by the tenant shall bar any claim by him to compensation in respect of improvements previously made on the tenancy.

 

68.  Liability to pay compensation for improvements to tenants on ejectment or on enhancement of his rent - Subject to the foregoing provisions of this Chapter a tenant who has made an improvement on his tenancy in accordance with this Act shall not be ejected, and the rent payable by him shall not be enhanced, until he has received compensation for the improvement.

 

Compensation for Disturbance of Clearing

 

69.  Compensation for disturbance of clearing tenants - (1) A tenant who has cleared and brought under cultivation waste-land in which he has not a right of occupancy shall if ejected from that land be entitled to receive from the landlord as compensation for disturbance in addition to any compensation for improvements a sum to be determined by a Revenue Court or Revenue-officer in accordance with the merits of the case but not exceeding five year’s rent of the land :

Provided that a tenant who is a joint owner of land to which this section applies shall not be entitled to compensation for disturbance on ejectment from the land or any part thereof.

(2) If rent has been paid for the land by division or appraisement of the produce or by rates fixed with reference to the nature of the crops grown, or if not rent, or no rent other than the land-revenue of the land and the rates and cesses chargeable thereon, has been paid therefor, the compensation may be computed as if double the amount of the land-revenue of the land were the annual rent thereof.

1[Provided that in any estate of which the assessment has been confirmed on or after the twenty-second day of February, 1929, the compensation may be computed as if four times the amount of the land were the annual rent thereof].  

 

Procedure in determining Compensation

 

70.  Determination of compensation by Revenue Courts - (1) In every suit by a tenant to contest his liability to ejectment or by a landlord to eject a tenant or to enhance his rent the Court shall direct the tenant to file a statement of his claim, if any, to compensation for improvements or for disturbance and of the grounds thereof.

(2) If the Court decrees the ejectment of the tenant or the enhancement of his rent it shall determine the amount of compensation if any, due to the tenant and shall stay execution of the decree until the landlord pays into Court that amount less any arrears of rent or costs proved to the satisfaction f the Court to be due to him from the tenant.

 

71.  Determination of compensation by Revenue officers - In either of the following cases, namely-

(a)    when a notice has been served on a tenant under section 44;

(b)   when a notice of ejectment has been served on a tenant under section 45 and the tenant has not instituted a suit to contest his liability to be ejected, the tenant may apply to the Revenue-officer having authority to order his ejectment under section 44 or section 45, as the case may be, to determine the amount of compensation due to him for improvements or for disturbance of for both and the Revenue-officer shall determine the amount if any, accordingly and stay the ejectment of the tenant until the landlord pays to the Revenue-officer then amount so determined less any arrears of rent or costs proved to the satisfaction of the Revenue-officer to be due to the landlord from the tenant.


 

 1Added by Punjab Act 4 of 1933 section 2.

 

72.  Matters to be regarded in assessment of compensation for improvements - In estimating the compensation to be awarded under this Chapter to a tenant for an improvement, the Court or Revenue-officer shall have regard to-

(a)    the amount by which the value or the produce of the tenancy, or the value of that produce is increased by the improvement;

(b)   the condition of the improvement and the probable duration of its effects;

(c)    the labour and capital required for the making of such an improvement;

(d)   any reduction or remission of rent or other advantage allowed to the tenant by the landlord in consideration of the improvement; and

(e)    in the case of a reclamation or of the conversion of unirrigated into irrigated land the length of time during which the tenant has had the benefit of the improvement.

 

73.  Form of compensation - (1) the compensation shall be made by payment in money, unless the parties agree that it be made in whole or in part by the grant of a beneficial lease of land or in some other way.

(2) If the parties so agree, the Court or Revenue-officer shall, make an order accordingly.

 

Relief in case of ejectment before the Determination of Compensation.

 

74.       Relief in case of ejectment before determination of compensation -(1) If from any cause the amount of compensation payable to a tenant-

(a)    under this Chapter for improvements or disturbance, or

(b)   under section 49 for the value of uncut or ungathered crops or the preparation of land for sowing, has not been determined before the tenant is ejected, the ejectment shall not be invalidated by reason of the omission, but the Court or Revenue-officer which decreed or who ordered the ejectment may, on application made by the tenant within one year from the date of the ejectment, correct the omission by making in favour of the tenant an order for the payment to him by the landlord of such compensation as the Court or officer may determine the tenant to be entitled to.

 

(2) An order made under sub-section (1) may be executed in the same manner as a decree for money may be executed by a Revenue Court.

 

CHAPTER VII

JUROSDICTION AND PROCEDURE.

Jurisdiction

 

75.  Revenue-officer - XVII of 1887 - (1) There shall be the same classes of Revenue-officer under this Act as under then 1Punjab Land-revenue Act, 1887, and in the absence of any order of the 2[State] Government to the contrary, a Revenue-officer of any class having jurisdiction within any local limits under that Act shall be a Revenue-officer of the same class having jurisdiction within the same local limits under this Act.

(2) the expressions “Collector” and “Financial Commissioner” have the same meaning in this Act as in the Punjab Land-Revenue Act, 1887.

 

76.  Applications and proceedings cognizable by Revenue-officer - (1) the following applications and proceedings shall be disposed of by Revenue-officers as such and no Court shall take cognizance of any dispute or matter with respect to which any such application or proceeding might be made or had :

 

FIRST GROUP

(a)    proceedings under section 27 for the adjustment of rents expressed in terms of the land-revenue;

(aa) *   *   *   3   *   *   *.


 


1Infra.

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

3Clause (aa) inserted by section 11 of Punjab Act 11 of 1925 has been omitted by the India (Adaptation of existing Indian Laws) Order, 1947, section 4(1).

 

(b)   proceedings relating to the remission and suspension of rent under section 30;

(c)    applications under section 43 for the ejectment of a tenant against whom a decree for an arrear of rent in respect of his tenancy has been passed and remains unsatisfied;

(d)   applications under section 45, sub-section (5) for the ejectment of a tenant on whom a notice of ejectment has been served and who has not instituted a suit to contest his liability to be ejected but has claimed compensation under section 71;

(e)    applications under section 53 or section 54 for the fixing of the value of a right of occupancy;

(f)     applications under section 53 or section 54 by landlords for possession of land, the right of occupancy in which has become extinct;

(g)    proceedings under Chapter VI with respect to the award of compensation for improvements or disturbance;

 

SECOND GROUP

(h)   application under section 17 with respect to the division or appraisement of produce;

(i)     applications under section 45, sub-section (5), for the ejectment of a tenant on whom a notice of ejectment has been served and notice of ejetment of a tenant has been served and who has not instituted a suit to contest his liability to be ejected and has not claimed compensation under section 71;

(j)     applications for the determination-

(i)                  under section 49 of the rent payable for land occupied by crops uncut or ungathered at the time of an order being made for the ejectment of a tenant; or

(ii)               under section 49 or section 74 of then value of such crops or of the sum payable to the tenant for labour and capital expended by him in preparing land for sowing.

 

THIRD GROUP

 

(k)   applications under section 31 by tenants to deposit rent;

(l)     applications under section 36 for service of notice of relinquishment;

(m) applications under section 43 for service of notice of ejectment;

(n)   applications under section 35 or section 54 for service of notice of intended transfer or of intended foreclosure or other enforcement of lien;

 

(2) Except as otherwise provided by any rule made by the Financial Commissioner in this  behalf,-

(a)    a Collector or an Assistant Collector of the first grade may dispose of any of the applications and proceedings mentioned in sub-section (1);

(b)   an Assistant Collector of the second grade, not being a Naib-Tehsildar, may dispose of any of the applications mentioned in  the second and third group of that sub-section; and

(c)     a Naib-Tehsildar, when invested with the powers of an Assistant Collector of the second grade, may dispose of any of the applications mentioned in the third group of that sub-section.

 

77    Revenue Courts and suits cognizable by them - (1) When a Revenue-officer is exercising jurisdiction with respect to any such suit as is described in sub-section (3); or with respect to an appeal or other proceeding arising out of any such suit, he shall be called a Revenue Court.

(2) There shall be the same classes of Revenue Courts as of Revenue-officers under this Act, and, in the absence of any order of the 1[State] Government to the contrary a Revenue-officer of any class having jurisdiction within any local limits under this Act shall be a Revenue Court of the same class having jurisdiction within the same local limits.  


 


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

 

(3) The following suits shall be instituted in, and heard and determined by Revenue Courts and not other Court shall take cognizance of any dispute or matter with respect to which any such suit might be instituted :

 

Procedure where revenue matter is raised in a Civil Court.

1[Provided that-

(1)   where in a suit cognizable by and instituted in a Civil Court it becomes necessary to decide any matter which can under this sub-section be heard and determined only by a Revenue Court, the Civil Court shall endorse upon the plaint the nature of the matter for decision and the particulars required by Order VII, rule 10, Civil Procedure Code2 and return the plaint for presentation to the Collector;

(2)   on the plaint being presented to the Collector, the Collector shall proceed to hear and determine the suit where the value thereof exceeds Rs. 1, 000 or the matter involved is of the nature mentioned in section 77(3). First Group of the Punjab Tenancy Act, 1887, and in other cases may send the suit to an Assistant Collector of the first grade for decision.]  

FIRST GROUP

(a)    suits between landlord and tenant for enhancement or reduction of rent under section 24;

(b)   suits between landlord and tenant for addition, to or abatement of rent under section 28 or for commutation of rent;

(c)    suits under section 34 for the determination of rent or other sum on the expiration of the term of an assessment of land-revenue 3[and suits relating to the rent to be paid under a mortgage made in accordance with form (c) as prescribed by section 6 of the 4Punjab Alienation of Land Act, 1900];


 


1Added by the Punjab Tenancy (Amendment) Act, 1912 (Punjab Act III of 1912) section 2.

2India Code Volume II

3Added by the Punjab Alienation of Land Act, 1900 (13 of 1900), section 22. Act 13 of 1900 now stands repealed by Adaptation of Laws (Third Amendment ) Order, 1951.

4Repealled by the Adaptation of Laws (Third Amendment) Order, 1951.

 

(d)   suits by a tenant to establish a claim to a right of occupancy or by a landlord to prove that a tenant has not such a right;

(e)    suits by a landlord to eject a tenant;

(f)     suits by a tenant under section 45 to contest liability to ejectment when notice of ejectment has been served;

(g)   suits by a tenant under section 50 for recovery of possession or occupancy or for compensation or for both;

(h)   suits by a landlord to set aside a transfer made of a right of occupancy or to dispossess a person to whom such a transfer has been made or for both purposes;

(i)     any other suit between landlord and tenant arising out of the lease or conditions on which a tenancy is held;

(j)     suits for sums payable on account of village-cesses or village expenses;

(k)   suits by a co-sharer in an estate or holding settlement of accounts;

(l)     suits for the recovery of over-payments of rent or land-revenue or of any other demand for which a suit lies in a Revenue Court under this sub-section;

(m) suits relating to the emoluments of Kanungo, Ziladars, inamdars or village officers;

THIRD GROUP

(n)   suits by a landlord for arrears of rent or the money-equivalent of rent or for sums recoverable under section 14 1[or suits for the recovery of such arrears or sums by any other person to whom a right to recover the same has been sold or otherwise transferred;];

(o)   suits by a landowner to recover moneys claimed as due for the enjoyment of rights in or over land or in water, including rights or irrigation, rights of irrigation rights over fisheries, rights of pasturage and forest-rights;


 


1Added at the end by Punjab Act 18 of 1063, section 2.

(p)   suits for sums payable on account of land revenue or of any other demand recoverable as and arrear of land-revenue under any enactment for the time being in force, and by a superior landowner for other sums due to him as such.

(3)   Except as otherwise provided by any rule made by the Financial Commissioner in this behalf,-

(a)    a Collector may hear and determine any of the suits mentioned in sub-section (3);

(b)   an Assistant Collector of the first grade may hear and determine any of the suits mentioned in the second and third groups of that sub-section and if he has by name been specially empowered in this behalf by the 1[State]Government, any of the suits mentioned in the first group; and

(c)    an Assistant Collector of the second grade may hear and determine any of the suits mentioned in the third group.

 

Administrative Control.

 

78.       Superintendence and control of Revenue-officers and Revenue Courts - (1) The general superintendence and control over all other Revenue-officers and Revenue Courts shall be vested in, and all such officers and Courts shall be subordinate to the Financial Commissioner.

(2)  Subject to the general superintendence and control of the Financial Commissioner, a Commissioner shall control all other Revenue-officers and Revenue Courts in his division.

(3)    Subject as aforesaid and to the control of the Commissioner a Collector shall control all other Revenue-officers and Revenue Courts in his district.

 

79.    Power to distribute business and withdraw and transfer cases (1)  The Financial Commissioner or a Commissioner or Collector may by written order distribute by any Revenue-officer or Revenue Courts under his control.


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

 


(2)               the Financial Commissioner or a Commissioner or Collector may withdraw any case pending before any Revenue-officer or Revenue Court under his control, and either dispose of it himself or by written order refer it for disposal to any other Revenue-officer or Revenue Court under his control.

(3)               An order under sub-section (1) or sub-section (2), shall bot empower any Revenue-officer or Revenue Court to exercise any powers or deal with any business which he or it would not be competent to exercise or deal with within the local limits of his or its own jurisdiction.

 

Appeal, Review and Revision.

 

80.    Appeals - Subject  to the provisions of this Act and the rules thereunder an appeal shall lie from an original or appellate order or decree made under this Act by a Revenue-officer or Revenue Courts; as follows, namely :-

(a)    to the Collector when the order or decree is made by an Assistant Collector of either grade;

(b)   to the Commissioner when the order or decree is made by a Collector;

(c)    to the Financial Commissioner when the order or decree is made by a Commissioner;

Provider that-

(i)      an appeal from an order or decree made by an Assistant Collector of the first grade specially empowered by name in that behalf by the 1[State] Government in a suit mentioned in the group of sub-section (3) of section 77 shall lie to the Commissioner and not to the Collector;

(ii)                when an original, order or decree is confirmed on first appeal, a further appeal shall not lie;

(iii)               when any such order or decree is modified or reversed on appeal by the Collector the order or decree made by the Commissioner on further appeal, if any, to him shall be final.


 

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

 

81.    Limitation for appeals - the period of limitation for an appeal under the last foregoing section shall run from the date of the order pr decree appealed against and shall be as follows that is to say :-

(a)     when the appeal lies to the Collector –thirty days;

(b)    when the appeal lies to the Commissioner –sixty days;

(c)     when the appeal lies to the Financial Commissioner-ninety days;

 

82.    Review by Revenue-officers - (1)  A Revenue-officer as such may either of his own motion or on the application of any party interested review and on so reviewing modify reverse or confirm any order passed by himself or by any of his predecessors in office.

 

Provided as follows :-

(a)      when a Commissioner or Collector thinks it necessary to review any order which he has not himself passed and when a Revenue-officer of a class below that of Collector proposes to review any order whether passed by himself or by any of his predecessors in officer he shall first obtain the sanction of the Revenue-officer to whose control he is immediately subject;

(b)     an application for review of an order shall not be entertained unless it is made within ninety days from the passing of the order or unless the applicant satisfies the Revenue-officer that he had sufficient cause for not making the application within that period;

(c)      an order shall not be modified or reversed unless reasonable notice has been given to the parties affected there by to appear and be heard in support of the order;

(d)     an order against which an appeal has been preferred shall not be reviewed.                        

(2) For the purposes of this section the Collector shall be deemed to be the successor in office of any Revenue-officer of a lower class who has left the district or has ceased to exercise powers as a Revenue-officer and to whom there is no successor in office.

 

83.    Computation of periods limited for appeals and applications for review - In the computation of the period for an appeal from or an application for the review of an order under this Act, the limitation therefor shall be governed by the Indian Limitation Act, 1877.

 

84.    Power to call for examine and revise proceedings of Revenue-officers or Revenue Courts - (1)  The Financial Commissioner may at any time call for the record of any case pending before or disposed of by any Revenue-officer or Revenue Courts subordinate to him.

(2)               A Commissioner or Collector may call for the record of any case pending before or disposed of by any Revenue-officer or Revenue Court under his control.

(3)               If in any case in which a Commissioner or Collector has called for a record he is of opinion that the proceedings taken or the order or decree made should be modified or reversed he shall submit the record with his opinion on the case for the orders of the Financial Commissioner.

(4)               If after examining a record called for by himself under sub-section (1) or submitted to him under sub-section (3) the Financial Commissioner is of opinion that it is inexpedient to interfere with the proceedings or the order or decree he shall pass an order accordingly.

(5)               If after examining the record the Financial Commissioner is of opinion that it is expedient to interfere with the proceedings or the order or decree on any ground on which the 2[High Court] in the exercise of its revisional jurisdiction may under the law fir the time being in force interfere with the proceedings or an order or decree of a Civil Court he shall fix a day for hearing the case and may on that or any subsequent day to which he may adjourn the hearing on which he may appoint in this behalf pass such  order as he thinks fit in the case.


1See now the Indian Limitation Act, 1908 (9 of 1903), Unrepealed Central Acts Volume V.

2Substituted for the words “Chief Court” by Act 18 of 1919.

 

(6)               Except when the Financial Commissioner fixes under sub-section (5) a day for hearing the case no party has any right to be heard before the Financial Commissioner when exercising his powers under this section.

·        *  *  *  *  *  *  *. 

Procedure.

 

85.    Procedure of Revenue-officers - (1) The 1[State] Government may make rules2 consistent with this Act for regulating the procedure of Revenue-officers under this Act in cases in which a procedure is not prescribed by this Act.

(2)               The rules may provide among other matters for the mode of enforcing orders of ejectment from and delivery of possession of immoveable property and rules providing for those matters may confer on a Revenue-officer all or any of the powers in referred to contempts resistance and the like which a Civil Court may exercise in the execution of a decree whereby it has adjudged ejectment from or delivery of possession of such property.

(3)               The rules may also provide for the mode of executing orders as to costs and may adapt to proceedings under this Act all of any of the provisions of the 3Punjab Land-Revenue Act, 1887, with respect to arbitration.

(4)               Subject to the rules under this section a Revenue-officer may refer any case which he is empowered to dispose of under this Act to another Revenue-officer for investigation and report and may decide the case upon the report.

 

86.    Persons by whom appearance may be made before Revenue-officers as such and not as Revenue Courts - (1) Appearances before a Revenue-officer as such and application to and acts to be done before him under this Act may be made of done-

(a)     by the parties themselves, or

(b)    by their recognized agents or a legal practitioner :


                               

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

2For rules under section 85 (1) see notification No. 77 Punjab Gazette Extraordinary 1st March, 1888, p. 79.

 

Provided that the employment of a recognized agent or legal practitioner shall not excuse the personal attendance of a party to any proceeding in any case in which personal attendance is specially required by an order of the officer.

(2)               For the purposes of sub-section (1) recognized agents shall be such persons as the 1[State] Government may by notification declare in this behalf.

(3)               The fees of a legal practitioner shall not be allowed as cost in any proceeding before a Revenue-officer under this Act unless that officer considers for reasons to be recorded by him in writing that the fees should be allowed.

 

87.    Costs - (1)  A Revenue-officer may give and apportion the costs of any proceeding under this Act in any manner he thinks fit.

(2)               But if he orders that the costs of any such proceeding shall not follow the event he shall record his reasons for the order.

 

88.    Procedure of Revenue-Courts - (1)  The 1[State]Government may, 2*  *  * make 3rules consistent with this Act for regulating the procedure of Revenue Courts in matters under this Act for which a procedure is not prescribed thereby and may by any such rule direct that any provisions of the 4Code of Civil Procedure shall apply with or without modification to all or any classes of cases before those Courts.

(2)     Until rules are made under sub-section (1) and subject to those rules when made and to the provisions of this Act-

(a)  the 4Code of Civil Procedure shall so far as it is applicable apply to all proceedings in Revenue Courts whether before or after decree; and


 


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

2The words “with the previous sanction of the Governor-General in Council” were repealed by the Decentralization Act, 1914 (IV of 1914)

3For rules see Punjab Gazette Part I, p. 845.

4See now the Code of Civil Procedure 1908 (Act 5 of 1908).

 

(b)  the Financial Commissioner shall in respect if those proceedings be deemed to be the High Court within the meaning of that Code and shall subject to the provisions of this Act exercise as regards the Courts under his control all the powers of a High Court under the Code.

 

89.    Power of Revenue officer or Revenue Court to summon persons - (1) A Revenue-officer or Revenue Court may summon any person whose attendance he or it considers necessary for the purpose of any application suit or other business before him or it as a Revenue-officer or Revenue Court.

(2)                A person so summoned shall be bound to appear at the time and place mentioned in the summons in person or it the summons so allows by his recognized agent or a legal practitioner.

(3)               The person attending in obedience to the summons shall be bound to state the truth upon any matter respecting which he is examined or makes statements and to produce such documents and other things relating to any such matter as the Revenue-officer or Revenue Court may require.

 

90.    Mode of service of summons (1)  A summons issued by a Revenue-officer or Revenue Court shall if practicable be served (a) personally on the person to whom it is addressed or failing him on (b) his recognized agent or (c) an adult male member of his family who is residing with him.

(2)               If service cannot be made or if acceptance of service so made is refused the summons may be served by posting a copy thereof at the usual or last known place of residence of the person to whom it is addressed or if that person does not reside in the district in which the Revenue-officer is employed or the Revenue Court is held and the case to which the summons relates has reference to land in that district then by posting a copy of the summons on some conspicuous place in or near the estate wherein the land is situate.

(3)               If the summons relates to a case in which persons having the same interest are so numerous that personal service on all of them is not reasonably practicable it may if the Revenue-officer or Revenue Court so directs be served by delivery of a copy thereof to such of those persons as the officer or Court nominates in this behalf and by proclamation of the contents thereof for the information of the other persons interested.                   

(4)               A summons may if the Revenue-officer or Revenue Court so directs be served on the person named therein either in addition to or in  substitution for any other mode of service by forwarding the summons by post in a letter addressed to the person and registered under Part III of the Indian Post Office Act 1866.

(5)               When a summons is o forwarded in a letter and it is proved that the letter was properly addressed and duly posted and registered the officer of Court may presume that the summons was served at the time when the letter would be delivered in the ordinary course of post.

 

 

91.    Mode of service of notice order be proclamation or copy thereof- A notice order or proclamation or copy of any such document issued by a Revenue-officer or Revenue Court for service on any person shall be section for the manner provided in the last foregoing section for the service of a summons.

 

92.    Additional mode of publishing proclamation - When a proclamation relating to any land is issued by a Revenue-officer or Revenue Court it shall in addition to any other mode of publication which may be prescribed by any enactment for the time being in force be made by beat of drum or other customary method and by the posting of a copy thereof on a conspicuous place in or near the land to which it relates.

 

93.    Joinder of tenants as parties to proceedings relating to rent- (1) Any number of tenants cultivating in the same estate may in the discretion of the Revenue-officer or Revenue Court and subject to any rules which the 1[State] Government may make in this behalf be made parties to any proceedings under Chapter III.


 


1see now the Indian Post Office Act, 1898 (6 of 1898).

 

(2)               But a decree or order shall not be made in any such proceeding unless the Revenue-officer or Revenue Courts is satisfied that all the parties thereto have had an opportunity of appearing and being heard.

(3)               A decree or order made in any such proceeding shall specify the extent to which each of the tenants is affected thereby.

 

94.    Exception of suits under this Act from  operation of certain enactments - Nothing in section 424 of the 2Code of Civil Procedure or in section 36 of the 3Punjab Municipal Act 1884, shall be construed to apply to a suit of a class mentioned in section 77 of this Act.

 

 

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