95.    Payment into Court of money admitted to be due to a third person (1) When a defendant admits that money is due from him on account of rent but pleads that it is due not to the plaintiff but to a third person the Court shall except for special reasons to be recorded by it refuse to take cognizance of the plea unless the defendant pays into Court the amount so admitted to be due.

(2)               Where such a payment is made the Court shall forthwith cause notice of the payment to be served on the third person.

(3)               Unless the third person within three months from the receipt of the notice institutes a suit against the plaintiff and therein obtains and order restraining payment of the money it shall be paid to the plaintiff on his application to the Court thereof.

(4)               Nothing in this section shall affect the right of any person to recover from the right of him under sub-section (3).


 


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

2See now the Code of Civil Procedure, 1908 (Act 5 of 1908), India Code Volume II.

3See now the Punjab Municipal Act, 1911 (Punjab Act 3 of 1911(Punjab Act, 3 of 1911), Infra.

 

(5)               When a defendant pays money into Court under this section the Court shall give the defendant a receipt and the receipt so given shall operate as acquittance in the same manner and to the same extent as if it had been given by the plaintiff or the third person  as the case may be.

 

96.    Execution of decrees for arrears of rent - A Court passing a decree for an arrear of rent may on the oral application of the decree-holder order execution thereof against the moveable property of the tenanct and against any uncut or ungathered crops on the tenancy in respect of which the arrear is decreed.

 

97.    Prohibition of imprisonment of tenants in execution of decrees for rent- A tenant shall not during the continuance of his occupancy be liable to imprisonment on the application of his landlord in execution of a decree for an arrear of rent.

 

98.    Power to refer party to Civil Court- (1)  If in any proceeding pending before a Revenue Court exercising original appellate or revisional jurisdiction it appears to the Court that any question in issue is more proper for decision by a Civil Court the Revenue Court may with the previous sanction of the Court if any to the control of which it is immediately subject require by order in writing any party to the proceeding to institute within such time as it may fix in this behalf a suit in the Civil Court for the purpose of obtaining a decision on the question and if he fails to comply with the requisition may decide the question as it thinks fit.

(2)               If the party institutes the suit on compliance with the requisition the Revenue Court shall dispose of the proceeding pending before it in accordance with the final decision of the Civil Court of first instance or appeal as the case may be.  

 

99.    Power to refer to High Court questions as to jurisdiction -(1)  If the presiding officer of a Civil or Revenue Court in which a suit has been instituted doubts whether he is precluded from taking cognizance of the suit he may refer the matter through the 1[District Judge] or Commissioner or if he is a 1[District Judge or Commissioner directly to the 2[High Court].


 


1Substituted for “Divisional Judge” by the Punjab Courts Act 1918 (6 of 1918) section 49.

 

(2)        On any such reference being made the 2[High Court] may order the presiding officer either to proceed with the suit or to return the plaint for presentation in such other Court as it may in its order declare to be competent to take cognizance of the suit.

(3)        The order of the 2[High Court ] on any such reference shall be conclusive as against persons who are not parties to the suit as well as against persons who are parties thereto.

 

100.Power of High Court to validate proceedings held under mistake as to jurisdiction -(1)  In either of the following cases namely :-

(a)     if it appears to a Civil Court that a Court under its control has determined a suit of a class mentioned in section 77 which under the provisions of that section should have been heard and determined by a Revenue Court ;or 

(b)   if it appears to a Revenue Court that a Court under its control has determined a suit which should have been heard by a Civil Court; the Civil Court or Revenue Court as the case may be shall submit the record of the suit to the 2[High Court].

(2)               If on perusal of the record it appears to the 2[High Court] that the suit was so determined in god faith and that the parties have not been prejudiced by the mistake as to jurisdiction the 2[High Court] may order that the decree be registered in the Court which had jurisdiction.

(3)               If it appears to the 2[High Court] otherwise than on submission of a record under sub-section (1) that a Civil Court under its control has determined a suit of a class mentioned in section 77 which under the provisions of that section of that section should have been heard and determined by a Revenue Court the 1[High Court] may pass any order which it might have passed if the record had been submitted to it under that sub-section.

1Substituted for “Divisional Judge” by the Punjab Courts Act 1918 (6 of 1918), section 49.

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

 

(4)               With resect to any proceeding subsequent to decree the 1[High Court] may make such order for its registration in a Revenue court or Civil Court as in the circumstances appears to be just and proper.

(5)               An order of the 1[High Court] under this section shall be conclusive as against persons who were not parties to the suit or proceeding as well as against persons who were parties thereto and the decree or proceeding to which the order relates shall have effect as if it had been made or had by the Court in which the order has required it to be registered.

(6)               The provisions of this section shall apply to any suit instituted on or after the first day of November, 1884 and to proceedings arising out or any such suit.

 

Miscellaneous

 

101.Place of sitting -(1)  An Assistant Collector may exercise his powers under this Act at any place within the limits of the district in which he is employed.

(2)               Any other Revenue-officer or Revenue court may only exercise his or its powers under this Act within the local limits of his or its jurisdiction.

 

102.Holidays- (1)  The Financial Commissioner with the approval of the 2[State] Government shall publish in the 3[Official Gazette] before the commencement of each calendar year a list of days to be observed in that year as holidays by all or any Revenue-officers and Revenue Courts.


 

1Substituted for the words “Chief Court’ by Act 18 of 1919.

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

3Substituted for the words “Local Official Gazette” by the Government of India (Adaptation of Indian Laws) Order 1937.

 

(2) A Proceeding had before a Revenue-officer or Revenue court on a day specified in the list as a day to be observed by the officer or Court as a holiday shall not be invalid by reason only of its having been had on that day.

 

103.Discharge of duties of Collector dying or being disabled- When a Collector dies or is disabled from performing his duties the officer who succeeds temporarily to the chief executive administration of the district under any orders which may be generally or specially issued by the 1[State] Government on this behalf shall be deemed to be a Collector under this Act.

 

104.Retention of powers by Revenue-officer on transfer - When a Revenue-officer of any class who either as such or as a Revenue Court has under the foregoing provisions of this Act any powers to be exercised in any local area is transferred from that local area to another as a Revenue-officer or Revenue Court of the same or a higher lass he shall continue to exercise those powers in that other local area unless the 1[State] Government otherwise directs or has otherwise directed.

 

105.Conferment of power of Revenue-officer or Revenue Court - (1)  The 1[State] Government may by notification confer on any person-

(a)       all or any of the powers of a Financial Commissioner, Commissioner or Collector under this Act, or

(b)      all or any of the powers with which Assistant Collector of either grade is, or may be invested thereunder, and may by notification withdraw any powers as conferred.

(2)               A person on whom powers are conferred under sub-section (1) shall exercise those powers within such local limits and in such classes of cases as the 1[State] Government may direct and except as otherwise directed by the 1[State]Government shall for all purposes connected with the exercise thereof be deemed a Financial Commissioner, Commissioner Collector or Assistant Collector as the case may be.


    

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

2For Notification see Punjab Government Gazette 1908 Part I, p. 928.

 

(3)               Before conferring powers on the Judge of a Civil Court under sub-section (1) the 1[State] Government shall consult the 2[High Court].

(4)               If any of the powers of a Collector under section 78 section 79 section 80 or section 82 are conferred on an Assistant Collector they shall unless the 1[State] Government by special order otherwise directs be exercised by him subject to the control of the Collector.

 

106.Power for Financial Commissioner to make rules- (1)  The Financial Commissioner may in addition to the other rules which may be made by him under this Act make rules3 consistent with this Act and any other enactment for the time being in force-

(a)     determining notwithstanding anything in any record-or-rights the number and amount of the instalments and the times by and at which rent is to be paid;

(b)    for the guidance of Revenue-officers in determining for the purposes of this Act the amount of the land-revenue of any land;

(c)     prescribing for all or any of the territories to which this Act extends the periods during which in proceedings held under this Act a Revenue-officer or Revenue Court is not except for reasons of urgency to be recorded to issue any process of arrest against tenant or against a landowner who cultivates his own land;  

(d)     regulating the procedure in cases where persons are entitled to inspect records of Revenue-officer or Revenue Courts or to obtain copies of the same and prescribing the fees payable for searches and copies.


 


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

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

3For rules by the Financial Commissioner under section 106 (1) see notification Nos. 78 and 19 “Punjab Gazette” Extraordinary 1st March; 1888 pp. 81 respectively.

 

(e)     prescribing forms for such books entries statistics and accounts as the Financial Commissioner thinks necessary to be kept made or compiled in Revenue-officers or Revenue Courts or submitted to any authority;

(f)      declaring what shall be the language of any of those offices and Courts and determining in what cases persons practising in to address the presiding officers thereof in English; and

(g)     generally for the guidance of Revenue-officers and other persons in matters connected with the enforcement of this Act.

(2)               Until rules are made under clause (a) of sub-section (1) rent shall be payable by the instalments and at the times by and at which it is now payable.

(3)               Rules made by the Financial Commissioner under this or any other section of this Act shall 1[be made subject to the control of] the 2[State] Government.

 

106-A. Licensing of petition-writers in Revenue Courts and Revenue-officer- (1) No person shall  practise as a petition-writer in any Revenue Court or Revenue Office unless he has been licensed under rules made under this Act.

            (2)        A person who contravenes the provisions of sub-section (1) shall be liable to the prescribed penalty which shall not exceed fifty rupees in any case.

 

1Substituted for the word “not take effect until they have been sanctioned by” by the Decentralization Act, 1914 (4 of 1914).

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

 

(3)        The Financial Commissioner may from time to time make rules consistent with this Act and other enactments for the time being in force :-

(i)                  declaring what persons shall be permitted to act as petition-writers in the Revenue Courts and Revenue Offices;

(ii)        regulating the issue suspension and revocation of licences to such persons the fees payable for the issue of licences the conduct of business by them and scale of fee to be charged by them; and

(i)                  providing for the penalty that may be imposed under sub-section (2) the authority who shall be competent to impose penalty under that sub-section and the authority to whom an appeal against an order of refusal to issue a licence or suspension or revocation of licence or imposition of penalty shall lie.

 

 

107.  Rules to be made after previous publication - The power to make any rules under this Act is subject 1[*   *   *   *] to the condition of the rules being made after precious publication.2

 

108.  Powers exercisable by Financial Commissioner - all powers conferred by this Act on the Financial Commissioner may be exercised from time to time as occasion requires.

 

CHAPTER VIII
Effect of this Act on Records-of-Rights and

Agreements.

 

 

109. Nullity of certain entries in records-of-rights - An entry in any record-of-rights providing-

(a)       that a landlord may prevent a  tenant from making or eject him for making such improvements on his tenancy as he is entitled to make under this Act; or


 


1The words “to the control of the Governor-General in Council and” were repealed by the Devolution Act 1920. (38 of 1920) s. 2 and Sch. I.

2For provisions as to making of rules after “previous publication” see the General Clauses Act 1897 (10 of 1897) ; s. 23 Unrepealed Central Act Volume III.

 

(b)       that a tenant ejected form his tenancy shall not be entitled to compensation for improvements or for disturbance in any case in which he would under this Act be entitled to compensation therefor; or

(c)       that a landlord may eject a tenant otherwise than in accordance with the provisions of this Act, shall be void to that extent.

 

110. Nullity of certain agreements contrary to the Act (1) Nothing in any agreement made between a landlord and a tenant after the passing of this Act shall-

(a)     override any of the provisions of this Act with respect to the acquisition remission or suspension of rent or the enhancement of the rent of a tenant having a right of occupancy under section 5 or section 6 or

(b)    take away or limit the right of a tenant as determined by this Act to make improvements and claim compensation therefor or where compensation for disturbance can be claimed under this Act to claim such compensation or

(c)     entitle a landlord to eject a tenant otherwise than in accordance with the provisions of this Act.

(2)               Nothing in clause (a) of sub-section (1) shall apply to an agreement by which a tenant binds himself to pay an enhanced rent in consideration of an improvement which has been or is to be made in respect of his tenancy by or at expense of his landlord and to the benefit of which the tenant is not otherwise entitled.

 

111. Saving of other agreements when in writing - Save as expressly provided in this Act nothing in this Act shall affect the operation of any agreement between a landlord and a tenant when the agreement either is in writing or has been recorded in a record-of-rights before the passing of the Punjab Land-Revenue Act, 18871 or been entered by order of a Revenue-officer in a record-of-rights or annual record under the provisions of that Act.


 


1Infra.

 

112. Effect of certain entries made in records-of-rights before November, 1871 - An entry made with respect to any of the following matters before the eighteenth day of November, 1871 and attested by the proper officer in the record of a regular settlement sanctioned by the 1[State] Government namely-

(a)      the enhancement or abatement of the rent of a tenant having a right of occupancy or the commutation of rent in kind into rent in money or of rent in money into rent in kind or the taking of rent in kind by division or appraisement of the produce or other procedure of a like nature, or

(b)     the letting or under-letting of land in which there is a right of occupancy by the tenant having that right or the alienation of or succession to land in which such a right subsists; shall be deemed to be an agreement within the meaning of the last foregoing section.

 

THE SCHEDULE

[Repealed by the Repealing and Amending Act, 1891 (XII of 1891), s. 2(1) and first Schedule.]


 


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

 

 

Contents