The Punjab Tenancy Act, 1887

1887 : Act XVI] TENANCY 17 ACT NO. XVI or 1887, [Tur Puwsas Tenancy Acr, 1887]. CONTENTS CHAPTER I PRELIMINARY, SECTIONS, 1. Title, extent and commencement, 2, Repealed, 3. Repealed. 3, Definitions, CHAPTER IL Rigur oF OCCUPAKCY. 5. Tenants having right of occupancy. . Right of occupancy of other tenants recorded as having the right before passing of Punjab Tenancy Act, 1866. 7. Right of occupancy in land taken in exchange. 8. Establishment of right of occupancy on grounds other than those expressly stated in Act. 9. Right of occupancy not to be acquired by mere lapse of time. 10. Right of occupancy not to be acquired by joint owner in land held in joint ownership. 11, Continuance of existing occupancy-rights, — CHAPTER IIL RENT. Rents generally, 12, Respective rights of landlord and tenant to produce. 13. Commutation and alteration of rent. 14, Payments for land occupied without consent of land- lord. 15. Collection of rents of undivided property. Produce rents, 16. Presumption with respect to produce removed before division or appraisement. 17. Appointment of referce for division or appraisements. 18. Appointment of assessors and procedure of referee. 19, Procedure after division or appraisement. 18 TENANCY [1887 : Act XV] SreTionNs, 20, Enhancement of produce a1, Reduetion of rents referred o in seclions. .rents of occupancy tenants, the last foregoing Cash rents paid by Tenants having Right of Occupancy. h rents of occupancy tenants, 09, Enhinneement of cas ) forree to in the last foregoing 03 Reduction of rents re section. General Provision velating to Suits for Enhancement or Reduction of Rent 4 Enhancement and reduction of rent by suit. 95. Discretion as to extent of enhancement or Teduction. 26, Time for enhancement ot reduction to take effect. Adjustment of Rents cxpressed in terms of the Land-revenue. 27, Adjustment of rents expressed in terms of the land revenue. 27-A. Omitted. Alteration of Rent on Alteration of Area, 95 Alteration of rent on alteration ol area. Remission. 40, Remission of rent by Courts decreeing arrears. 40, Remission and suspension of rent consequent on like treatiment of land revenue. Deposits. 41, Power to deposit rent in certain cases with revenue oflicer. 32, Eflect of depositing rent, Recovery of rent from attached produce. 4. Recovery of rent from attached produce. L(‘:[.‘n"g jor period exceeding term of Assessment of Land revenue. 24, Tréatment of leases for period exceeding or equal to termg of assessment of land revenue. CHAPTER 1V, RELINQUISHMENT, AHANDONMENT AND EJECTMENT. Relinquishment. ) = Relinguishment by tenant fo : i ) r a fixed . 36 Relinquishment by any other I:..enant term 47 Relinquishment of part only of a tena.ncy IBET : Act XVI] TENANCY 19 SecTions, Abandonment, 38, Abandonment of tenancy by cecupancy-tenant, Eijectment, Liasinrry 10 EJECTMENT. ,:59. Grounds of ejeetment of occupancy-tenant. . Grounds of ejectment of tenant for a fixed term. 41. Ejectment of tenant {rom year to year. PrOCEDURE Ox EJECTMENT. 42. Restriction on ejectment. 43, Application to Revenue-officer for ejectment, &, Ejectment of failure to satisfy decree for arrear of rent, 45, Ejectment of tenant from vear to year by notice. £6. Power to make rules. GENERAL PROVISIONS RESPECTING EJECTMENT, 47. Time for ejectment. ¢£. Relief apainst forfeiture. ¢9. Rights of cjected tenants in respect of crops and land prepared for sowing. Rrrier FoR WronNGFUL DISPOSSESSION. 5. Relief for wrongful dispossession or ejectment. 50-A. Bar to eivil suits, 51, Bar of relief by suit under section 9, Act T of 1877, Power to vary dates preseribed by this Chapter. 52 Power [m Contral Government to fix dates for certain purposes. CHAPTER V. 59.A. Omitted. ALTENATION OF, Axp Successton 1o, RiGHT oF OccupANCY, Alienation, 53. Private transfer of right of vecupancy under section 5 by tenants. 4] Pr}::cedure on foreclosure of morfgage of right of oecu- s il der section 5 in execution 55. Sale of right of occupancy un of decree. 20 TENANCY [1887 : Act XV1 SECTIONS, 56. Transfer of right of oecupancy under any other section than section 5. > . ) 57. Rights and liabilities of transferes of right of occupancy. 58. Subletting. 58.A. Transfer of right of occupancy under any section of the Act by exchange, Succession, 50, Succession to right of occupancy. Irrepular Transfers. 60. Irregular transfer or right of occupancy. CHAPTER VL 5 IMPROVEMENTS AND COMPENSATION Improvements by landlords. §1. Improvements by landlords on tenancies of occupancy tenants, §2. Enhancement of rent in consideration of an improve- ment made by a landlord on the tenancy of an occu- pancy tenant, Improvements by Tenants. 63. Title of occupancy tenant to make improvements. 64, Title of tenants not having right of occupancy to make improvements. 65. Improvements made before commencement of this Act Improvements begun in anticipation of ejectment, 67, Tender of lease for twenty years to tenant to be a bar to right to compensation. 8. Liability to pay compensation for improvements to tenants on ejectment or on enhancement of his rent, Compensation for disturbance of clearing tenants §9. Compensation for disturbance of clearing tenants. Procedure in determining Compensation. 70. Determination of compensation by Revenue Courts. 71. Determination of compensation by Revenue-officers. 72. Matters to be regarded in assessment of compensation for improvements. 73, Form of compensation. 1887 : Act XVI] TENANCY 2 SECTIONS, 74 78. 8. Relief in case of Ejectment before determination of Compensation, Relief in case of ejectment helore determination of compensation. CHAPTER VI JURISRICTION AND PROCEDURE, Jurisdiction, Revenue-officers. Applications and proceedings cognizable by Revenue- officers, Revenue Courts and suits cognizable by them. Administrative Control. Superintendence and control of Revenue-officers and Revenue Courts, Power o distribute business and withdraw and transfer Cases. Appeal, Review and Revision, Appeals. Limitation for appeals. Review by Revenue-officers. Computation of periods limited for appeals and appli- cations for review. Power to call for, examine and revise proceedings of Revenue-officers and Revenue Courts, Procedure of Revenue -officers. Persons by whom appearances may be made before Revenue-officers as such and not as Revenue Courts, Costs. Procedure of Revenue Courts. Power of Revenue-oflicers or Revenue Court to summon persons, Mode of service of summons, Mode of serviee of notice, order or proclagpation Or copy thereof. Additional mode of publishing proclamation. [1887 : Act XV] 22 TENANCY SecTions, 03, Joinder of tenants as parties to proceedings relating to rent. 04. Exception of suits under this Act from operation of certain enactments. 95, Payment into Court of money admitted to be due to a third person, 96 Exceution of deerees for arreavs of rent. 97. Prohibition of imprisonment of tenants in exeecution of decrees for arrears of rent, 98, Power to refer party to Civil Court. 99, Power to refer to High Court guestions as to juns- dietion. 100. Power of High Court to validate proceedings had under mistake as to jurisdiction. Miscellaneous. 101. Place of sitting. 102. Helidays. 103. Discharge of duties of Collector dying or being disabled. 104, Retention of powers by Revenue-officers on transfer, 105. Conferment of powers of Revenue-offifficer or Revenue Court. 106. Power for Financial Commissioner to make rules. 107. Rules to be made after previous publication. 108. Powers exercisable by Financial Commissioner from time to time. CHAPTER VIII, ErrecT oF THIS AcT oN RECORDS-OF-RIGHTS AND AGREEMENTS. 109, 110. 111, 112, Nullity of certain entries in records-of-rights. Nullity of certain agreements contrary to the Act. Saving of other agreements when in writing, Effect of certain entries made in records-of-right November, 1871, i Tue. SCHEDULE—ENACTMENT REPEALLD, [ b IB87 : Aet XVI] TENANCY [Tur Punaas Texancy Act, 1087.] Act XVI1 or 1887, [23rd September, 1887.] a 1 2 3 = T Wihether repealed or olhcrwise alfeoeted Year wo. Shorttite e by leyistation ; TEET XV The Punal | Rep. inpart, Act 3ol 1920 Tenancy Rep, in part, and amended, Act XIT af 1s9] Act, 1887 | Rep.inparl, and amended, Act IV of 1914, Scho o, 1 Amended, Punjab Act 1 o 1906 Amended, punjab Act 11T of 1912 Amended, Tunmb At 111 of 1914 Amended] Act XVIITof 1919 Amended, Punjab Act X1 of 19251 Amended, Punjab, Act 11 of 1927 Amended, Punjab, Act ¥ of 19294 | Amenled, Punjb’ Act Iy er 1933 Amended in parl, Govi. of India _{Adaptation of Indian Laws) Order, 1937 Amended, Punjab Act X of (939 Amended, in part, (Adaptation of Laws) Order, (950 ! Fxtended to the terrtorics which immediately before the [st November, 1956, were com- prised fn the State of Patiali and Fast Punjab States Union by Punjab Act No. 23 of 19577 amended by Pungh Ast o, 18 of 1963* Amende s by the Punjab Reorg wisation Chandigarh) § dapration of Laws on Stawe and Concurten! sbjects) Onder, 1968, IFor Statement of Objects and Reasons, see “Gazette of India” 1656, Pr. V, p. 639 ; for Report of the Select Committee, see ibid, 1867 Pr. V. p. 77 ; for Proceedings in Councll, see "'Gazette of India", Sup- plement, 1586, p, 1008, ibid, 1887, Pt, VI pp. 60 and 80. The Act came inlo foree on the 1st November, 1887, see Notifica- tion No. 726, “Punjaly Gazette,” 3rd November, 1887, Part I, p. 578. iFor Statement of Objects and Reasons, see “Punjab Gazette”, 1925, Extrapidinary, pp. 302-03. For report of the Seleet Committes, see ibid, 1925, Parl V, pp. 3:2—45 and for Proceedings in Council, see ive Council Debates, Vol, VIII-B, pp. 1391—93, 1831-32, Punjat Le It came into force on the 15t of May, 1926, see Revenue Department Noti- fiestion No. 1364, dated 281h April, 1926, on page 397 of “Punjnb Gazette,” Pr L Fer Statement of Objects and Reasons, see “Punjab Gazette”, 1827, Part V, p. 24, and for Report of Select Committes, see ibid, 1027, PV, pp. 30-10. For procecdinge in Couneil, see the Punjob Legis- lative Council Debates, Val. X=B, p. 808, Ii came into force on 20th January, 1929 1For Sistement of Objects and Ressons, see “Punjab Gazette,” 1920, Pi. V, p. 7 and for Report of the Select Committes, see ibid, 1929, Pt. V, pp. 25-26 For Procoedings in Council, see the Punjab Legis- Iative Couneil Debates, Vol MIL pp. 742—44, Vol XTII, p. 25. Tt came into foree on 1a1 October, 1920, ‘For Statement of Objects and Reasons, see “Punjab Cazette,” 1933, Extranrdinery, pp. 61-62, and for Proceedings in Council, see the Pupyah Legislative Council Debates, Vol XXI11, pp. 1240—52. Tt came into force on Ist December, 1923, —wide Punialy Government Notifleation No. 143, dnted 51h October, 1933, “For Statementis of Obieris and Reacons, ser “Punjab Gazette®, Extraordinery, doted 8th Apiil, 1938, Part V, pp. 7-8. For Report of the Select Comnuttee, se¢ ibid, Part V, pp. 43—45 ; and for proceedings in the Assembly, see Punjab Legislative Assembly Debates, 1038, Vol. V. PP 440—445, and Vol X, pp. 163—174. “For Statement of Objects and Reasons, see “Punjab Gazette”, IE::;J-;?rg&arrl. 1957, page 88, ement of {13 i - L ol jeci= and Reasons, see Punjob Gozette (Ex 24 TENANCY [1887 : Act XVI ACT XVI oF 1887. | Tue Punias TENANCY Act, 1887.] [23rd September, 1887.] An Act to amend the Law relating to the Tenancy of Land in the Punjab. WHEREAS it is expedient to amend the law relating to the tenancy of land in the Punjab ; It is hereby enacled as follows:— CHAPTER L PRELIMINARY. : Twa, etent 1. () This Act may be called the Punjab Tenan- it ey Act, 1887 '[(2) Tt extends to the Union Territory of Chandi- garh.] (3) It shall come into force on such day as the “[State] Government, with the previous sanction of tne ’[Central Government] may by notification appoint in this behalf. 2. [Power to make rules in anticipation of com- mencement] * * * * ¥ ! *w 3. [Repeal]* * * % bix M %8 4. In this Act, unless there is something repug- nant in the subject or context— Definitions, (1) “land” means land which is not occupied as the site of any building in a town or village and is occupied or has been let for agricultural purposes or for purposes sub-servient to agriculture, or for pasture, _'Substituted by the Punjsb Reorganisation (Chandigarh) (Adsp- tution of Laws on State and Concurrent Subjects) Order, 1088 2 i - g 1 ey T " Order!?l‘;%ssll;_m“d for the word “Provincial” by the Adaptation of Laws 2Substituted for the words “Governor-General in C " . . ‘h 4 Covernment of India (Adaptation of Indian L.ar:}s;né;i;[;?u]m?.} e xefliég?fi‘l‘f‘d by the Repealing and Amending Act 1801 (XII of 1891). “Repealed by the Repealing and Amending Act. 1881 (XII of 1891). 1837 : Act XVI] TENANCY 25 and ineludes the sites of buildings and other structures on such land : (2) “pay” with its grammatical variations and cognate, expressions, includes, when used with reference to rent, “deliver,”” and “render,” with their grammatical variations and cognate expressions : (3) “rent” means whatever is payable to a land- lord in money, kind or service by a tenant on account of the use or occupation of land held by him : (4) “arrear of rent” means rent which remains unpaid after the date on which it becomes payable : (5) “tenant” means a person who holds land under another person, and is, or but for a special contract would be, liable to pay rent for that land to that other person ; but it does not include— (a) an inferior landowner, or (b) a mortgagee of the rights of a landowner, or (c) a person to whom a holding has been trans- ferred, or an estate or holding has been let . in farm, under the Punjab Land-revenue ":;,l,“ Act, 1887, for the recovery of an arrear of : land-revenue or of a sum recoverable as such an arrear, or (d) a person who takes from the '[Government] a leage of unoccupied land for the purpose of subletting it : (6) “landlord” means a person under whom a tenant holds land, and to whom the tenant is, or but for a special contract would be, liable to pay rent for that land : (7) “tenant” and “landlord” include the prede- cessors and successors in interest of a tenant and land- lord, respectively : (8) “tenancy” means a parcel of land held by a tenant of a landlord under one lease or one set of eon- ditions (?} “estate,” “landowner” and “holding” have the meanings, respectively assigned to those words in the Punjab Land-Revenue Act, 1887 : o’d;r.?ull.aa;&uled for the word “Crown" by the Adaptation of Laws . 26 TENANCY [1887 : Act xyy (10) “land-revenue” means land-revenue assesgeq under any law for the time being in force or assessablg under the Punjab Land-revenue Act, 1887, apg XA oy includes— ) N (@) any rate imposed in respect of the increageq value of land due to irrigation, and (b) any sum payable in respect qi land, by way of quit-rent or of commutation for service, to the '[Government| or to a person tg whom the '|Government| has assigned the right to receive the payment : (1I) “rates and cesses” means rates and cesseg which are primarily payable by landowners, and includes— B (a) * s o * (b) the local rate, if any, payable under the Punjab District Boards Act, 1883, and any y. fee leviable under section 33 of that Act e from land-owners for the use of, or benefits derived from, such works as are referred to in section 20, clauses (i) and (j), of that Aet; (¢) any annual rate chargeable on owners of lands under section 59 of the Northern India Canal and Drainage Act, 1873 ; {LS-EIE t (d) the zaildari and village officers’ cesses; and (e) sums payable on account of willage expenses : (12) “village-cess” includes any cess, contribution or due which is customarily leviable within an estate and is neither a payment for the use of private pro- perty or for personal service, nor imposed by or under any enactment for the time being in force : (13) “village-officer” means a chief headman, headman or patwari : (14) “Revenue-officer” or “Revenue Court,” in any provisions of this Aect means a Revenue-officer or Revenue Court having authority under this Act to discharge the functions of a Revenue-officer or Revenue Court, as the case may be, under that pro- vision : 'Substituted for the word “Crown” . B Order, 1950, ord “Crown” by the Adaptation of Laws ‘Repealed by the Amending Act, 1891 (XII of 1891), 179 1887 : Act XVI] TENANCY 21 (15) “jagirdar” includes any person, other than a village-servant, to whom the land-revenue of any land has been assigned in whole or in partl by the '[Govern- ment] or by an officer of the '[Government] : (16) “legal practilioner” means any legal practi- tioner within the meaning of the Legal Practitioners BT Act, 1879° except a mukhiar : means the year com- { June, or on such other notification (I7) “agricultural year” mencing on the sixteenth day o date as the *[Central Government] may by appoint for any local area : (18) “notification” means a notification published rernment] in the Offi- by authority of the *[Central Gov cial Gazette : and vement” means, with reference to a tenancy any work which is suitable to the tenancy and concistent with the conditions on which it is held by which the value of the tenancy has been and continues to be increased, and which, if not executed on the tenancy, is either executed directly for its benefit, or is, after execution made directly beneficial to it. (19) “impro Explanation 1 —I1 includes, among other things— (a) the construction of wells and other works for the storage or supply of water for agri- cultural purposes ; (b) the construction of works for drainage and for protection against floods ; (c) the planting of trees, the reclaiming, en- elacing, lovelling and ferracing of land for agricultural purposes and other works of a like nature ; (d) the erection of buildings required for the more convenient or profitable eultivation of a tenancy : and 1Quhatijuted for the word "Crown” by e Adaptation of Laws Order, 1830, orenealed Ceptral Acte, Vaolume TL Substituted for the words “State Government” by the Puninh Re- orgamisation (Chandigarh) § Adaptation of Lawes on Sipte and Concur- rent Subjects) Order, 1968 Tenante having pight of oocu- pency, 28 TENANCY [1887 : Act Xy (e) the renewal or reconstruction of any of the foregoing works, or such aiterations therein or additions thereto, as are not of the natyre of mere repairs and as durably increass their value ; But it does not include such clearances, embank. ments, levellings, enclosures, temporary wells andq water-channels as are made by tenants in the ordinary course of cultivation and without any special expendi. ture, or any other benefit accruing to land from the ordinary operations of husbandry. Explanation II.—A work which benefits severat tenancies may be deemed to be, with respect to each of them, an improvement. Explanation 111.—A work executed by 3 tenant i not an improvement if it substantially diminishes the value of any other part of his landlords property. '(ze)t-' ttelcta CHAPTER 1I RicuT oF OCCUPANCY. 5. (1) A tenant— (a) who at the commencement of this Act has, for more than two generations in the male line of descent through a grandfather or grand-uncle and for a period of not less than twenty years, been occupying land paying no rent therefor beyond the amount of the land-revenue thereof and the rates and cesses for the time being chargeable there- on, or (b) who having owned land, and having ceased to be landowner thereof otherwise than by forfeiture to the Government or than by any voluntary act. has, since he ceased to be land-owner continuously occupied the land, or () who, in a village or estate in which he settled along with, or was settled by, the founde! thereof as a cultivator therein, occup! e : ’ - Omitted by the India (Adaptation of Existing Indian Law) Order, 1847 i + e by Parcdon 4 (1). Provisions about Muqarridars had 0 Punjab Act XI of 1925, 1887 : Act XVI] TENANCY 29 jand on the iwenty-first day of October, 1868, and has continuously occupied the land since that date, or (d) who being jagirdar of the estate or any part of the estate in which the land occupied by him is situate, has continuously occupied the land for not less than twenty years, or, having been such jagirdar, occupied the land while he was jagirdar and has conti- nuously occupied it for not less than twenty years, has a right of occupancy in the land so occupied, un- less, in the case of a fenant belonging to the class specified in clause (), the landlord proves that the tenant was settled on land previously cleared and brought under cullivation by, or at the expense of, the founder. (2) If a tenant proves that he has continuously occupied land for thirty years and paid no rent therefor bevond the amount of the land-revenue thereof and the rates and cesses for the time being chargeable thereon, it may be presumed that he has fulfilled the condtions of clause (a) of sub-section (1). (3) The words in that clause denoting natural relationship denote also relationship by adoption, including therein the customary appointment of an heir and relationship, by the usage of a religious com- munity. 6. A tenant recorded in a record of rights sanctio- Right of occu. ¥ pancy of other ned by the '[Central Government] before the twenly- o one recarded first day of October, 1868, as tenant having a right of as having right occupancy in land which he has continuously occupied o i g from the time of the preparation of that record, shall naney Aet, 1868, be deemed to have a right of occupaney in that land unless the contrary has becn established by a deeree of a competent Court in a suit instituted before the passing of this Aet. 7. If the tenant has voluntarily exchanged the HEM «f <o land, or any portion of the land, formerly occupied by s w e him for other land belonging fo the same landlord, “hnes the land taken in exchange shall be held to be subject t_o_the same right of occupancy as that to which the firg;f;fifl&fit%?;fil{:}r_h\gai?:smte_G overnment” by the PIII]JE?R’I.: rent. Subjecte) Ordm: L aptation of Laws on State and Concur- 30 TENANCY [1887 ; At XV land given in exchange would have been subject ;¢ the exchange had not taken place. Establishment 8. Nothing in the foregoing sections of thi, ;rm:',fl-t o on Chapter shall preclude any person from estabhshing frounds othera right of occupaney on any ground other than tha an those ee. " gy . “{ions. pressly smateq SU0UNds specified in those secti in Act. Right of oecu- 3 i right of occupanes paney not o be 9. No tenant shall acquire a right of occup ney acguired by mere b_\-‘ mere 13]]5 of time, lapse of time, pancs sor o™i 10. TIn the absence of a custom to the contrary, scquired by joint NO one of several joint owners of land shall acquire herd " sErdright of occupancy under this Chapter in Jand jointly held in joint J ownership, owned by them. cx?sntf:; uam:ec;E 11. Notwithstanding anything in the foregoing pancy rights. sections of this Chapter. a tenant who immediatelr before the commencement of this Act has a right of nceupancy in any land under an enactment specified in any line of the first column of the following table shall. when this Act comes into force, be held to have, for all the purposes of this Act, a right of occupancey in that land under the enactment specified in the same line of the second column of the table:— PUNJAB TENANCY ACT, 1868 THIS ACT FIRST COLUMMN SFCOND COLUMN Section Clanse Section Sub-section Clanse 5 n 5 mn (m 5 (2 5 m h (1 5 tm fer 5 4) 5 (1, (d) 6 [ - ay g & 1887 : Act XVI] TENANCY 5l CHAPTER IIL RENT. Rents generally : " Respactive 12, (1) The rent for the time being payanle in res- | e pect of a tenancy shall be the first charge on the ford and ‘tenint produce thereof. to produce, (2) A tenant shall be entitled to tend, cut and harvest the produce of his tenancy in due course of husbandary without any interference on the part of his landlord. (3) Except where rent is taken by division of the produce the tenant shall be entitled to the exclusive possession of the produce. (4) Where rent is taken by division of the produce— (a) the tenant shall be entitled to the exclusive possession of the whole produce until it is divided; (b} the landlord shall be entitled to be present _ at, and take part in, the division of the producz; 5 T and (c) when the produce has been divided, the land-lord shall be entitled to the posses- sion of his share thereof. 13. (1) Where rent is taken by any of the follow- Commutation ing methods, namely :— f::; Mlterption, of (a) by division or appraisement of the produce, {b) by rates fixed with reference to the nature of the crops grown, (¢) by a rate on a recognized measure of area, (d) by a rent in gross on the tenancy, or (e) partly by one of the methods specified in clauses (a), (b) and (c) of this sub-section and partly hy another or others of them, one of those methods shall not be commuted in whele or in part into another without the consent of both landlord and tenant. (2) In the absence of a contract or a decree or order of competent authority to the contrary, a tenant whose rent is taken by any of the methods specified in clauses (a), (b) and (c) of sub-section (1), or by the 32 TENANCY [ 1887 : Act Xvi method specified in clause (d) of that !iub-sectifm shall not be liable to pay for a tenancy rent at an;.: higher rate, or of a higher amount, as the case may bie, than the rate or amount payable in respect of ) tenancy for the preceding agricultural year, Payments ~ for 11, Any person in possession of land OCCUpieg :\a"ir::out “Si“m"li‘l without the consent of the landlord shall be liable ¢, of landlord. pay for the use or occupation of that land at the rag, of rent payable in the preceeding agricultural year, ¢ if rent was not payable in that year, at such rate 5 the Court may determine to be fair and equitable, Collection of 15. When two or more persons are landlords of remts of undivid fonang in respect of the same tenancy, the tenant sha)) 4 PRSI not be bound to pay part of the rent of his tenancy ¢, cne of those persons and part to another. Produce-rents. Presumption 16. Where rent is taken by divisicn or appraise- with respect @ ment of the produce, if the tenant removes any portion {:;:: ‘am:‘fir of the produce at such a time or in such a manner as appraisement. to prevent the due division or appraisement thereof, or deals there-with in a manner contrarv to establi- shed usage, the produce may be deemed to have been as the fullest crop of the same description on similar land in the neighbourhood for that harvest. Appolntment of 17. If either the landlord or the tenant neglects referee for divi-{n attend, either personally, or by agent, at this prose- son OF “PPRUE time for making the division or appraisement of the ) produce,-or if there is a dispute about the division or appraisement, a Revenue-officer may, on the applica- tion of either party, appoint such person as he thinks fit to be a referze to divide or appraise the produce. Appeintment 18. (1) When a Revenue-officer appoints referce of asscssors and under the last foregoing section, he may, in his dis- procedure of re- . . . . . - feree, cretion, give him instructions with respect to the association with himself of any other persons as asses- sors, the number, qualifications and selection of these assessors, and the procedure to be followed in making the division or appraisement. (2) The referee so appointed shall make the division‘ or appraisement in accordance with any instructions which he may have received from the Revenue-officer under the last foregoing sub-section. 1887 : Act XVI] TENANCY 35 (3) Before making the division or appraisement the referee shall give notice to the landlord and the tenant of the time and place at which the division or appraise- ment will be made, but, if either the landlord or the tenant fails to attend either personally or by agent, the referee may proceed ex parte. (4) For the purpose of making the division or appraisement, the referee, with his assessors, if any, may enter upon any land on which or into any building in which the produce is. 19. (1) The result of the division or appraisement Procedure after shall be recorded and signed by the referee, and the record shall be submitted to the Revenue-officer. (2) The Revenue-officer shall consider the record, and, after such further inquiry, if any, as he may deem necessary, shall malke an order either confirming or varying the division or appraisement. (3) The Revenue-officer shall also make such order as to th= costs of the reference as he thinks fit. (4) The costs may include the remuneration of the referes and of the assessors, if any, and may be levied from the applicant before the appointment of the referee subject to adjustment at the close of the pro- ceedings. 20. Wkere the rent of a tenant having a right of oceupancy in any land is a share of the produce, or of the appraised value thereof, with or without an addi- tion in money, or is paid according to rates fixed with reference to the nature of the crops grown, or isa rent in gross pavable in kind, the tenant shall be entitl- ed to occupy the land at that rent : Provided that, when the land or any part thereof previously nat irrigated or flooded becomes irrigated or tlacded, the rent payable in respect of the land or part may, subject to the provisions of this Acl be enhanced 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 irrigated or flooded land of a similar description and with similar advantages. 21, When the land, or any part of the land, held by a tenant having a right of occupancy to whom the division ar praisement. ap- Enhancement of produce-rents of occupaney onfs, Reduction ten- af rents referred to in the lzst fore- last foregoing section applies ceases to be irripated or going section, 34 TENANCY L1885 2 Ay Xvy flooded, the rent payable in respect of the land or par may be redueed 1o the share or rates, or with “-'f‘-'l'f'nc,i to the rent in grogs, as the case may be, paid hy ‘Gna-m; having a similar right of ocecupancy for unirrigateq o/ unflooded land of a similar description and with sim': lar advantages. Cash-rents paid by Tenants h aving Right of Occupancy ntancenent 99 (1) Where a tenant having a right of oecy. of occupancy pancy pays his rent entirely by a cash-rate op a Tennr recognized measure of arca or by a cash-rent in grosg on his tenancy, the rent may be enhanced on the groung that after deduction therefrom of the land-revenue of and the rates and cesses chargeable on, the tenaney, it 15— (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 amount of the land-revenue ; (¢) if he belongs to the class specified in section 6, or if his right of occupaney is established under seetion 8 and his rent is not regulated by contract less than twelve annas per rupee of the amount of the land-revenue. (2) In case to which sub-scetion (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 arnount of the land-revenue of the tenancy and the rates and cesses chargeable thereon. 1(3) * * * * . . Reduction of 23, The rent payable by a tenant to whom the last ';"“'he"!fl;m,éf foregoing section applies may be reduced on the ground going section. that the productive powers of his tenancy have been decreased by a cause bevond his control. 1Sub=Cleuse (3) (added by Punjab Act X1 of 1025) was omitted B the Indis (Adaptation of Existing Inding Lows) Order, 1047, sectior 4 (i) 1887 : Act XVI] TENANCY 35 General Provisions relating to suits for Enhancement or Reduction of Rent. Fnhancement and 24. (1) A Revenue Court, on the suit of either land-lord EarJ tenant, may, subjecl to the provisions of this f;lf,:::“ Lol and other sections of this Act, enhance or reduce the rent of any tenant having a right of oceupancy. (2) Where a decree for the enhancement of the rent of such a tenant has been passed under the XNXVI Pynjab Tenancy Act, 1868, a suit for a further enhance- o 1% ment of his rent shall not lie till the expiration of five years from the date of the decree, unless in the mean- Yime the local area in which the land comprised in the decree is situate has been gen the revenue payable in respect 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 enter- tained 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 deeree, has become irrigated or flooded. |(4) w = @ ® * * * erally reassessed and of that land has been * 25. Inenhancing or reducing the rent of any land, Direction a5 to extent of en- under the foregoing provisions of this chapter, the nancement or re- Cm_arl shall, within the limits prescribed by those pro- duetion. visions, enhance or reduce the rent fo 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. (1) Unless the Court decreeing an enhace- Time for en. ment of rent otherwise directs, the enhancement shall hencement or re- duction to take TEub-claute (41 (added by Punjab Acl X1 of 1925) was omitled by ] jab Ael X1 of 1023) was omitied by effect, khe"{n'flu fAdnpiation of Existing Indian Laws) f)z"der. 1947, mlic% 6 TENANCY (1887 : Agy X1 take effect from the commencement of the agriculty, year next following the date of the decree, al (?) A Court decreeing a reduction of rent that gpecify in the decree the date on and from whicy the reduction is to take effect. " Adjustment of Rents expressed in ferms of Land-revenue. . “”“"mm‘ o 23, (1) Where the rent of a tenancy is the wher, i torme o tweor a share of the land-revenue thereof, with or withey land-revemi. an addition in money, kind or service, and the lang. revenue of the holding in which the tenancy is sityar, is altered, a Revenuec-officer having authority upde. section 56 of the Punjab Land-revenue Act, 1087, ., determine the land-revenue pavable in respect of the several holdings comprised in the estate in which the tenancy is situate shall determine also the amount o the land-revenue of the tenancy, or the proportionats share thereof, pavable by the tenant as rent. (2) Where an addition referred to in suh-section (I) is a percentage fixed with reference to t=e lan revenue of the tenancy, or the whole or a share »f 1 rates and cesses chargeable thereon, or both. the Revenue-officer shall in like manner from time time alter the amount of the addition in proportion ta any alteration of such land-revenue or rates and cesses (3) The sum or sums determined under the fore going sub-sections, together with any addition, pre viously payable other than the additions referred tw in sub-section (2), shall be the rent payable in respect of the tenancy until there is again an alteration of the land-revenue thercof or of the rates and cosses charg® able thereon or until the rent is enhanced by a sun under this Aet, (4) An alteration of rent under this section shal not be deemed an enbuncement or reduetion of rent within the meaning of this Act. '(5) . - . . . iSub-scction (5) (added by Punjab Act X1 of 1025) was omitted 1Y :h‘eijlndihn (Adaptation of Existing Indian Laws) Osder, 1047, sect 1887 : Act XVI] TENANCY 37 '[Adjustment of rents paid by occupancy tenants in Attock Distriet.] |[27_ A, L] * » 1 * . ..] Alteration of Rent on Alteration of Area. 28. (I) Every tenant shall— Alteratlon of rent on alteratiem of area. (@) be liable to pay additional rent for all land proved to be in excess of the area for which rent has been previously paid by him, unless it is proved that the 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 an abatement of rent in res- peet of any deficiency proved to exist in the area of his tenancy as compared with the area for which rent has been previously 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 hy alluvion or otherwise, and that an addition has not heen made to the rent in respect of the addition to the area. (2) In determining the area for which rent has been previously paid, the Court ghall have regard to the following amnong other matters, namely :— (a) the origin and conditions of the tenants' occupancy for instance whether the rent was a4 rent in rross for the entire tenaney ; (b) whether the tenant has been allowed to hold additional land in consideration of an addi- tion 1o his total rent or otherwise with the knowledge and consent of the Jandlord; and (c) the length of time during which there has been no dispufe as to rent or area. Section 27A tocether with the hendine omitted by the Indian (Adaptatinn of Existing Indian Laws) Order, 1947, section 4{i). ki TENANCY [188% : Act Xy (1) In adding to or abating rent under this secting the Court shall add to or abate the rent to sueh - amount s it deems to be fair and equitable, ang shalj specify in its decrce the date on and from which the addition or abatement is to take effect. (4) An addition to or abatement of rent under thiz gection shall not be deemed an enhancement or redugtygy of rent within the meaning of this Act. Remission. Reiidsslon of 20, Notwithstanding anything in the foregoing ga.. rent by Conrts g, + thi if i to a Court maki Betod tions of this Chapter, if it appears making 5 HnE BITRATE. ecree for an arrear of rent that the area of a tenancy ha. leen so diminished by diluvion or otherwise, or that s, produce thereof has been so diminished by drought, haj, deposit of sand or other like calamity, that the full amoyn: of rent payable by the tenant cannot be equitably decread, the Court may, with the previous sanction of the Collectar, allow such remission from the rent payable by the tenaqt as may appear fo it fo be justi. Remission and 30. °[(1) Whenever the payment of the whole or m ofrent eny part of the land revenue payable in respect of any land lke trestment of s remitied or suspended, a Revenue-officer may, if the lend revesue. 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 as the land-revenue of which payment has been remitted or sus pended bears to the whole of the land-revenue pavable in respect of the land : Provided that in the case of an ocenvancy-tenant, whnse rent s of the nature hereinbefore in this sub-seetion ceserihed the remicsion or susnension of the land-revente pavable in resnect of the land shall, in the absence of & written order by g Revenue.officer to the contrarv cart! with it a pronortionate remission or suspension, as the cast may be, of his rent, l 15ubsti Eec!iunuds ituted for the old sub-section by Punjab Act T of 1004, 1887 : Act XVI] TENANCY 39 When the payment of the rent of any kind has heen suspended under this elause it shall remain under suspen- sion until the Collector orders the revenue of that land to be realized.] . (2) An order passed under sub-section (1) shall not e liable 1o 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 Le excluded in the computation of the period of limitation prescribed for a suit for the recovery of the rent. [(5) If the landlord collects from a tenant any rent of which the payment has been remitted, or is under sus- pension, the Revenue-officer may recover from the land- lord the amount or value of the rant 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 t» the tenant the amount or value of the rent so collected from him.] (6) The provisions of this section, relating to the re- mission and suspension of the payment of rent may be ap- plied, so far as they can be made applicable, to land of which the land-revenue has been released, compounded for or redeemed in any case in which, if the land-revenue in respect of the land had not been released, compounded tor or redeemed, the whole or any part of it might, in the opinion of the Revenue-officer, be remitted or suspended under the rules for the time being in force regulting the remission and suspension of land-revenue. ‘I(7) Any sum of which the recovery is ordered under sub-seetion (5) on aceount of rent or penalty may Le recovered by the Collector as if it were an arrear of land-revenue.] Deposits. 31, In either of the following eascs, namely:— Power to de- posit rent In cer- (a) whv_n a landlord refuses to receive, or grant a tain cases with receipt for, any rent payable in money when Revenue-Officer, tendered ta him by a tenant, - ‘iiubsliluu-d for the old =ub;sc.-rlifln by T"m *Added by Punjzb Act 1 of 1906, seclion §. - 40 TENANCY [1887 : Act xy, (b) when a tenapt is in doubt as o the persen o titled to receive rent payable in money, 2 the tenant may apply 1o a Revenue-officer for leaws deposit the rent in his office, anel the Revenue-offices ahay receive the deposit if, after examining the a-plicint, he satisfied that there is sueient ground for the applicarig, and if the applicent pays the fee, if any, charceails i the issue of the nolice next hersinaftor reforrod 1o Effect of e 32, (1) When a deposit has been so reczived it ahqp positing vent. b, doomied o be a payment made by the tenant 1q g iandlord in respect of rent due. (2) The Revenue-officer receiving the deposit shal give notice of the receipt thereol to every person who } has reason to believe elaims or is entitied to the depoq and may pay the amount thercofl to any person #npearin te him fo be entitled thereto, or may, if he thinks fit, retais the deposit pending the decision of a competent Conrt 2 12 the person so entitled. (3) No suit or other proceeding shall be instiuted against the '[Government], or against any officer of 1he Government] in respect of anythingz donz by a Revenua. cfficer under this section, but nothing in this sub=ection shall prevent any person entitled to receive the amount of any such deposit from recovering it from a perion o whom it has been paid by a Revenue-officer. Recovery of rent from attached Produce. Recavery uf 33. (1) If an order is made by any Court for the .”j";m‘m"atmchmenl of the produce of a tenancy or of any part ofa tenaney, the landlord may apply to the Revenue-officer by whom the attachment is to be or has been made to sell the vroduce and pay 1o him ouvt 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 tenaney within the year immediately preceding the application, and (b) the rert which will be falling due after the harvesting of the produce and is chargeable against it. (2) The Revenue-officer shall give the pefi“n‘ul whose instance the altachment was made an opportunity 1Substituted for the word “Crown” b_'; the -}\d.-'.p!nliu_n of Laws Order, 1850, 1887 : Aet XVI] TENANCY 41 of showing cause why the application of the landiord should not be granted, and, il he finds the landlord's elaim 1o 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-sac- tion (2) shall have the force of a decree in a suit hetween the landlord and the tenant. Leases for Period exceeding term of Assessment of Lund- revenue. . (1) Where a lease has been granted, or an agree- Treatment of ment?'ias (be)en entered into, by a landowner in respect of L"x?,:d[,‘,‘;' p’“fi any land assessed to land-revenue fixing for a period egual to term of exceeding the term for which the land-revenue has been i oy of assessed, the rent or other sum payable in respect of the land urder the lease or agreement, and that term has ex- pired, 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 grant- ed or with whom the agreement has been en- tered 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 equit- able [* e *1 and where the relation of landlord and tenant exists between the grantor ang 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 anv land which has been entered into for the term of the currency of an assess- ment shall, unless a contrary intention clearly appears 'The words “or a Revenue officer under the provisions ?jf section 27-A hns determined to be proper” (inserted by sec- Fong 0f Punjub Act X1 of 1925) omilied by the Indian (Adaptation of xitling Indian Laws) Order ,1947, section 4010 42 TENANCY (1887 : Aey Xy, in the agreement or the agreement is 14_:rrnin_ahd by consent of parties or course of law, continye in fope until a revised assessment takes effect, k CHAPTER TV RELINQUISHMENT, ABANDONMENT AND Efi:c'm;,-n_ Relinquishment, gf'"f‘j,‘,'":’“‘,’l,’,‘.' . 35. A tenant holding for a fixed term unge, fixed term, contract or a decree or order of competent authr,ri._}, may relinguish his tenaney without notice at the eng of that term. N e g (1) Any other tenant may relinquish p;, ant, tenancy by giving verbally or in writing to his land. lord, or to his landlord’s agent, on or before the fifteen. th day of January in any year, notice of his intentign, to relinquish the tenancy at the end of the agriey). tural year then current, (2) The tenant may, instead of, or in additiag to, giving the notice in the manner mentioned in sy, section (I), 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 saon as may be. (3) If the tenant does not give notice in the map. ner 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 eylsi. vated by the landlord himself, o 37. A tenant cannot, without the consent of his tenaney, landlord, relinquish a part only of his tenancy. Abandonment, A vmessnsicgss RN S (J) If a tenant having a right of occupancy oceupancy tenant. fajls for more than one year withoyt sufficient cause lo cultiviate hig lenancy, either by himself or some other person, and to arrange for pavment of the rent thereof as it falls due, the right of occupancy shall be extinguished from the end of that year, I(z) * * * * * T 18ub-clause (2) of section 38 (inserted by Punjab Act X1 of 1925, was omitted by the Indiag (Adaptation of Existing Laws) Qrder, 947, seotion 4(i). 1887 : Act XVI] TENANCY 43 Ejectment. LIABILITY TO EJECTMENT. 39. () A tenant having a right of occupanty Grounds —of shall be liable to be cjected from his tenancy on any e nan of the following grounds, namely :— ta) that he has used the land eomprizsed in the tenaney 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 localily in which the land is situate ; (¢) when a decree for an arrear of rent in respect of his tenancy has been passed against him and remains unsatisfied. ;(2) L & * * * 40. A tenant not having a right of occupancy but Grounds af holding for a fixed term under a contract or a decree “ieethnt i or order of competent authority, shall be liable to be i 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 fo cultivate that land in the manner or fo the extent customary in the locality in which the land is situate ; (c) on any ground which would justify eject- ment under the contract, decree or order. 41. A tenant who has nol a right of eccupancy, Ejecment of and does not hold for a fixed term under a contract or 27t from yes a decree or order of competent authority, may be ejected at the end of any agricultural year, a year, 1Omirted by the Imli:._ F.;!.‘H_np_tminr.\ ICTI-:,xisti:-\q -La\\-m;‘J- .(-).:'d-c:l-&l-l'_?. section 41010, 14 TENANCY [1887 : Aet Xy Proceptne o8 FIECTMENT Testriction on 42 A tenant shall not be ejected otheywise than jn electment, execution of g decree for ejectment, except in the follgy. ing cases, namely :— (a) when o deeree for an arrear of rent in respeet of his tenaney hag heen passed against him and re. mains unsatisfied ; (b)Y when the tenant hae net a right of occtpanes and does not hold for a fixed term under a con. tract or a decree or order of competent authe- rity. 43, In any such case as is mentioned in <lause () or Rfl:mmfl;:flnufic (B) of the last foregoing section the landlord may f0r_lectmant, apply to a Revenue-officer for the ejectment of the tenant in the case mentioned in the Tormer clause or for the servies on the fenant of a nolier o cjeetment in the case mentioned in the latter clause, Ejectment for 44. (1) On receiving the application in any such case "‘”, el l:; =ity a5 is mentioned in clause (a) of section 42, the Revenua- of rent, officer shall, after such inquiry with respeet to the existencs of the arrears as he deems necessary, cause a notice to be served on the tenant stating the date of the deeree and the amount due thercunder, and informing him that if he does not pay that amount to the Revenue-officer within fiftaen days from receint of the notice he will be ciected fram the Jand. (2) If the amount is not so paid the Revenue-officer shall, subjeet to the provisions of this Act with respect the payment of compensation, order the eiectment of the tenant unless good cause is shown to the contrary. Ejectment of 45. (1) On receiving the application of the landlord B o vise. AN any such ease as is mentioned in clause (b) of section 42, to year by notice. i1 Revenue-officer shall, if the application is in order and not epen to objection on the face of it, cause a notice of cjectment 1o be served on the tenant. (2) A notice under sub-section (19 shall not be served after the filteenth day of November in any Nagricultural] year. (3) The notice shall specify the name of the landlord on whose zpnlication it is issued and deseribe the land to Hnserted by {he Repealing nd Amvending Act, 1001 (XIT -of 1801). 1887 : Act XVI] TENANCY 45 which it relates, and shall inform the tenont that he must vacate the land before the first day of May next following, or that, if he intends to contest his liability to ejectmznt, he must institute a suit for that purpose in a Revenue Courl 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 {o contest his liability to e 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 ort'er his gjectment in the circumstances described in that sub-section. (5) If within two months from the date of the service of the notice the tenant does not institute a suit fo contest his liability to be ejected a Revenue-officer, on the appli- cation of the landlord shall, subject to the provisions of this Act with respect to the payment of compensation, order the ajectment of the tenant : 5 Provided that the Revenue-officer shall not make the arder until he is satisfied that the notice was duly served on the tenant. (6) If within those fwo months the tenant institutes a suit to eontest 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. The Financial Commissioner may make rules pre- power to make sgfjbjng_. rules. (a) the form and language of applications and notices under the twao last foregoing sections; and (b) the manner in which thase applications and nolices are to be signed and attested. IEXERAL PROVISIONS RESPECTING EJECTMENT. 47. A decree or order for the cjectment of a tenant ™"° for eject- 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 or, where the order is made under section 44 the officer making the order, ntherwise directs, 48. (1) If in a suit for the ejectment of a tenant on Tlief againet cither of the grounds mentioned in clauses (a) and (b) of ™" section 29 or of section 40, it appears to the Court that the injury caused by the act or omission on which the suit is L3 T - 46 TENANCY (1887 : Ay Xy | 1 based is capable of being remedied, or that an aWarg compensation will he sufficient satisfaction to the lanqy, therefor, the Court may, instead of making a decres fm_"?". ejectment of the tenant. order him to remedy the 1n]|t-h' within a period to be fixed in the order, or arder hig, y.'7 into Court, within such a period, such compensation “T‘::; Court thinks fit. e (2) 'The Court mav from time to time, for - rr-nsnns? extend a period fixed by it under sub-sectionwiv}":l (3) If within the period, or extended period, 5. the case may be, fixed by the Court under this section the injury is remedied or the compensation is paid, 5 decre, ' for the ejectment of the tenant shall not be made, ; ‘rl-':‘hrtzkar-lft :J*fi: 19. (1) Where at the time of the proposed ejerte . respect of crope O @ tenant from any land his uncut or ungathered CTome 4 and land prepat-are standing on any part thereof, he shall not be eiectad od for SIS from that part until the erops have ripened and he h.. been allowed a reasonable time to harvest them, ) (2) The Court or Revenue-officer decreeing or grdes, ing the ejectment of the tenant may, on the application . the landlord, determine any dispute arising in consequenc. of the provisions of sub-section (1) between the landlod and tenant or between the landlord and anv person entit'=d to harvest the crops of the tenant, and may in its or hic discretion— (a) direct that the tenant pay for the longer oceura- tion of the land secured to him under sub section (1) such rent as may be fair and equitable, or (h) determine the value of the tenant's uncut and ungathered crops, and, on payment thereof by the landlord to the Court or Revenue-officer. farthwith ejeet the tenant. (3) When a tenant for whose ejectment proceeding have been taken has conformable with local usage pre for sowing any land comprised in his tenancy but has not sown or planted erops on that land, he shall be entitled receive from the landlord before ejectment a fair equivalen in money for the labour and capital expended by him in £ preparing the land, and the Court or Revenue-officer befor® which or whom the proceedings are pending shall, on t g application of the tenant, determine the sum payabTe 1887 : Act XVI] TENANCY 47 the tenant under this sub-section and stay his ejectment until that sum has been paid to him. RELIEF FOR WRONGFUL DISPOSSESSION, 50. In either of the following cases, namely {— Rellef for wre ongful diapossos- (a) if a tenant has been dispossessed withoul his sion or ejectment, consent of his tenancy or any part thereof other- wise than in execution of a decree or than in pursuance of an order under section 44 or sec- tion 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 dis- possession or ejectment, institute a suit for recovery of possession or oceupancy or for compensation, or for both, '[50-A. No person whose ejectment has been order- Bar to el ed by a Revenue Court under section 45, sub-section (8), or SUiLE. whose snit has been dismissed under section 50, may insti- tute a suit in a civil court to contest his liability to eject- ment, or to recover possession or occupancy rights, or to recover compensation.] i 51. Possession of a tenancy or of any land comprised 20 SISl $is in a tenancy shall not be recoverable under section 9 of thes actIof18TT. Specific Relief Act, 1877, by a tenant dispossessed thereof. 1877, Power to vary dates prescribed by this Chapter. 52. (1) The *ICentral Government] may. for all of power for any of the territories under its administration, by notifica- *[Central o ernment tion, fixx for the purposes of sections 36, 45 and 47 or of anY yue tor certain of these sections any other dates instead of those speci- purpose fied therein. (2) A notifieation under this seetion shail not take effect till after the expiration of six months from the date of the publication thereof. ;'_ll\se'n(’d by Punjab Aet V of 1924, section 2 *Unrepealed Central Acts, Volume IL SSubstituted for the words “State Government” by the Punjub Re- organisation (Chandigarh) (Aduptition of Lows on State and Con= current Subjects) Drger. 1988, -’ 48 TENANCY (1887 2 Ay Xvy CHAPTER V. ALIENATION oF, ARD Succrssion to, Riunt or Oucupg g, Alienation, II'_:iE_A. & . . . ] Private trans. 53 (1) Atenant having a right of ACEUPANCY 1 ¥ unde fer of right occupancy under section tenant, 5 f section 5 may transfer that right by sale, gift or morty vysubjeet to the conditions mentioned in this section, (2) If he intends to transfer the right by sale, pir mortgage by conditional sale or usufruetuary rnm'l.;::;;:,.'a,,.' shall cause notice of his intention to be served on hif;]];r;;dl_ lord through a Revenue-officer and shall defer proceeding with the transfer lor a period of one month from the date ‘,.',' 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 Revenye. officer may, on application made to him in this behalf, fix. (4) When the application to the Revenue-officer is t fix the value of a right of occupancy which is already mort. gaged, he shall fix the value of the rights as if it were no: 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 extinet, and the Revenue-officer shall, on the ap- plication of the landlord, put the landlord in possession of the tenancy. (7) 1If 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. : (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 0 the tenant. . Ficer (9) If there is such a charge the Revenue-o Cfl shall, subject as aforesaid cither apply in discharge of th mortgage-debt so much of the purchase-money a5 t required for that purpose and pay the balance, if any, i A .pdment) 15ection 52-A |added by the Punjub Tenancy {Amendmet, Act 13?:'; 11{32]an IEIEl:':}, section 10], omitted by the India (Adaptation Existing Laws) Order, 1947, cection 4(i). Age, 1887 : Act XVI] TENANCY 49 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 may be deemed to be the landlord for the purposes of this section. (11) No suit or other proceeding shall be instituted t], or against any officer of the apainst the '[Governmen 1 ![Government], in respect of anything done by a Revenue- officer under the two last foregoing sub-sections, but no- thing 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. FProcedure on 54, Where a mortgagee of a right of occupancy under , FroestiTE o8 section 5 proposes to foreclose his mortgage, or otherwise mortgrge of enforce his lien on the land subject to the right, the pro- :;h‘lm?e:e:!fi; visions of the last foregoing section shall, so far as they can g’ be made applicable, apply as if the mortgagee were the tenant. 55. (1) A right of oceupancy under section 5 may be 20 o men sold in execution of a decree or order of a Court. under section 5 t In execution of (2) But notice of an intended sale of any such right ' shall be given by the Court to the landlord, and, if at any ik time before the close of the day on which the sale takes place the landlord pays to the Court or to the officer con- ducting the sale 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. Trunsler of 56. A right of occupancy under any other section than (""" oeon section § shall not be attached or sold in execution of @pancy under any other section decree or order of any Court or, without the previous con- [0 (g cont in writing of the landlord be, transferred by private bl st confract, ights and lia- 57. When a right of occupancy has been transferred i or trans- by sale, gift or usufructuary mortgage to a person other ferree of right of than the landlord, that person shall, in respect of the land in ceenpaney. which the right subsists, have the same rights and be sub- jeet to the same liabilities as the tenant to whom before the transfer the right had belonged and was subject to. 15"71\_{”0".‘1:1}0& the word “Crown” 1 ilu- mir; tation of Laws Order, 1950, g4 g - 50 TENANCY (1887 : Act Xy, nant having a right of occupaney in lang ons of this Act and to the ¢ between him and his ]an:' rt thereof for any term m:.; Subletting, 58. (1) Ate may, subject to the provisi ditions of any written contract lord, sublet the land or any pa exceeding seven years. (2) A person to whom land is sublet by a tenant hay, ing a right of occupancy therein shall, in respect of thay gards the landlord be jointly with the land, and so far as re e tenant, subject to all the liabilities of the tenant under this Act. of '[58-A. (1) Any tenant with a right of occupaney Jsht of ocurts may, with the consent of his landlord, transfer his land ty section of theall the members of a Co-operative Society for the Consnli. hich both he and his landlord are Azt by exchenge. dation of Holdings of w members and obtain from them any other land in exchange, (2) Notwithstanding anything contained in this Act or any other enactment in force, any land obtained in ex- change in pursuance of the praovisions of sub-section (1) <hall be deemed to he subject to the same right of oceu. paney as the land given for it in exchange.l. Succession. 59. (1) When a tenant having a right of occupancy land dies, the right shall devolve— (a) on his male lineal descendants, if any, in the male line of descent, and (b) failing such descendants, on his widow, if any, until she dies ot remarries or abandons the land or is under the provisions of this Act ejected therefrom, and “[(¢) failing such descendants and widow, on his widowed mother, if any, until she dies or re marries or abandons the land or is under provisions of this Act ejected therefrom.] “{¢d) failing such descendants and widow, or widow- od mother or, if the deceased tenant left a widow or widow mother, then when her interest termi- nates under clause (b) or (c) of this sub section, on his male collateral relatives in the Suecession 10 sight of oueu-in any mancy. " 1Added by Punjsb Act 2 of 1827, section H n“]‘-‘fiuil-'tirum,[ for the old elause by Punjab Act 0 nf 1839, section 2(i). fInverted by Punjab Act § of 1939, section 2(i), 1887: Aet XVT] TENANCY 51 male line of descent from the common ancestor of the deceased tenant and those relatives.] Provided, with respect to clause '(d) of this sub- section, that the common ancestor occupied the land. *[Explenation.—For the purpose of clause *(d), land obtained in exchange by the deceased tenant or any of his prec!ece.cnors-in-internst in pursuance of the provisions of sub-section (1), of section 58-A shall be deemed to have been acecupied by the common ancestor if the land given for it in exchange was occupied by him.] (2) As among descendants and collateral relatives clainiing under sub-section (1) the right shall, subject to +he provisions of that sub-section, devolve as if it were which the land left by the decessed in the village in land subject to the right is situate. (3) When the widow of a deceased tenant succeeds 10 a right of occupancy. she shall not transfer the right by sale, gift or morigage or by sub-lease for a term ex i one year. (4) If the deceased tenant has left no such persons as are mentioned in sub-section (1) on whom, his right of occupancy may devolve under that sub-section, the right shall be extinguished. Irregular Transfers. 60. Any transfer made of a right of occupancy in Irregular contravention of the foregoing provisions of this Chapter tRnser of Tight chall be voidahle at the instance of the landlord. T CHAPTER V1 IMPROVEMENTS AND COMPENSATION TImprovements by Landlords. 61. (1) Without the previous permission of the Cole Tmprovements by. landlorda on lector, a landlord shall not make an improvement on the /! p tenency of a tenant having a right of nceupancy. ’m&fiq ten- (2) If a landlord desires to malke such an improve- ot ment, he may apply to the Collector for permission to make 1Subs tituted for the letter “¢” in bracke! j ,mi‘:?g:? 2‘[}{“. 1 letter "¢” in brackets by Pumjab Act IX of by Punjab Act II of 1927, section 3. (This amendment m-’é’:fiafl'fij‘f tr,j:;m ltht‘l! Izt day of .-\'_nr:l, 1920). : or the 4 b ity etfer “c in brackets by Punjab Act IX of . l-:r:hm!l"‘ll:flll 62. (1) When a landlord has, with the PErmiss sideration of ap Mentioned in the last foregoing section, made an jpy,. improvement made by a Iland- lord on the ten- 52 TENANCY [1887 . Act Xy 1 it, and the Collector shall, before making an ord the application, hear the objection, if any, of the oo (3) In making an order on an application under ng, section (2) the Collector shall be guided by rules, Suh, as the '[Central Government] may, * '+ o . My : * make in this behalf, sion ment on the tenancy of a tenant having a right of n,.nb' pancy he may apply to the Collector for an e.'nham:p_-l-,.].,,',:'t ancy of an occu-Of the rent of the tenant. pancy tenant, (2) 1f the tenant is a tenant to whorm section 29 plies. the Collector shall enhance his rent to the share o, rates, or with reference to the rent in gross, as the Case may be, paid by tenants, having a similar right of ey pancy. for land of a similar description and with similay advantanges. (3) If the tenant is a tenant to whom section 23 ap plies, the Collector shall enhance his rent to such amount as the tenant would be liable to pay under that sectinn §f the land-revenue were re-adsessed. (4) When the improvement ceases to exist, the Cal. lector, may on the application of the tenant reduce ths tenant's rent,— () in the case of a tenant to whom sub-section 2 applies, 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 ; 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 & assessed. (5) Sections 25 and 26 shall be construed as apply ing o an application under this section. and a suit shal_i not lie in any Court for any purpose for which an applk cation might be made under this section. 'Substituted for the words “State Government” by the Punjab Re- organisation (Chandigarh) (Adapiation of Laws on State and Con current Subjects) Order, 1968, ) *The words “with the previous sanction of the Governor-Generd liglfiouncil" were repealed by the Decentralization Act, 1014 (V of 1887 : Act XVT] TENANCY 53 T Tm];:wemcntg by Tenants. Title of boecus X enant having a right of occupancy is e pancy ienant 0 to make improvements ofi his Jt;t'nnr*.('.‘\,r. pypgn e -eiiiiied T3, e 64. (1) A tenant not having a right of oeceupancy Titie of tenants may make improvements on his tenancy with the assentnet haviee right of his landlord. ;f,_;’:r'"?:,‘i?;m‘f (2) Ti at any time the question arises whether or not ments, = 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 by a tenant before the com- Imprevemeits mencement of this Act shall be deemed to have been made 707 i in accordance with this Act, unless in the case of a tenant c?"&}:flt&mfit ot having a right of oceupaney it is shown that the im- provement was made in contravention of a written agree- ment between him and his landlord. ) 66 A tenant ejected in exccution of decree, oOr inb;,f:f,"’i‘,_"':fif, pursuance of a notice of ejectment, <hall not be entitled topation of efect- compensation for any improvement begun by him after "ot the institution of the suit, or service of the notice, which resulted in his ejectment. ¢7. If a landlord tenders (0 a tenant a lease of his Teseer o Jen for twenty years tenancy for a ferm of not less than twenty years from ,, tenant to be 2 the date of the tender st the rent then paid by the tenant, var to fight o or at such other rent as may he agreed on, the tender {f compepsation. accepted by the tenant, shall bar any claim by him to compensation in respect of improvements previously made on the tenancy. 68. Subject to the foregoing provisions of this %‘“::::;{Mu;: Chapter, a tenant who has made an improvement on his For tmprovements tenancy in accordance writh this Act shall not be eiected, to terants on and the rent payable by him shall not be enhanced, '.:’,ffi;fi::«;[ ot until he has received com pensation for the nts weat improvement. Compensation for Disturbances of Clearing Tenants. 69. (I) A tenant who has cleared and brought compensation Hsturbance u_nder cultivation waste-land in which he has not a for right of occupancy shall, if ejected from {hat land, be ,ff,tsl'm"g - entitled to receive from the landlord as compensation ’ for disturbance, in addition fo anv compensation for improvements a sum to be determined by a Revenue Court or Revenue-officer in accordance with the merits D‘l:nfih-e case. but not exceeding five vears' rent of the 54 TENANCY (1587 : Act Xy Provided that a tenant who is a joint owner of lang fo which this section applies shall not be entitled to cop, pensation for disturbance on ejectment from the lang any part thereof. (2) 1f rent has been paid for the land by division o appraisement of the produce or by rates fixed with refer. ence to the nature of the crops grown, or if no rent, or py rent other than the land-revenue of the land and the rates and cessels 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 rens thereof : [Provided that in any estate of which the assessmens has been confirmed on or after the twenty-second dav of February, 1929, the compensation may be computed as if four fimes the amount of the land-revenue of the land were the annual rent thereof.] Procedure in determining Compensation. o etaen_ 70. (1) In every suit by a tenant to contest his lia. by Revenuve hility to ejectment or by a landlord to eject a tenant or Courts, 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 of the Court to be due to him from the tenant. Q:Dflmm‘i;'j:m 71. In either of the following cases, namely :— ol ot ey (a) when a notice has been served on a tenant ors, |2 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 autho- rity to order his ejectment under section 44 or section 45, 1Added by Punjab Act IV of 1933, section 2. 1887 : Act XV1] TENANCY 55 as the case may be, to determine the amount of compensa- tion due to him for improvements or for disturbance or 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 the amount so determined less any arrears of rent or costs prov- ed 1o the satisfaction of the Revenue-officer to be due to the landlord from the tenant, 72, In estimating the compensation to be awarded e e 2 under this Chapter to a tenant for an improvement, the :::.::wm.-; eoam- Court or Revenue-officer shall have regard to— or;'-rnfi':m] ng im= (a) the amount by which the value or the produce “of the tenancy, or the value of that produce iz increased by the improvement ; (b) the condition of the imprevement and the proba- ble duration of its effects ; ) (¢) the labour and capital required for the making of such an improvement ; (d) any reduction or remission of rent or other ad- vantage allowed to the tenant by the land-lord 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. ent Form of com- 73. (1) The compensation shall be made by paym in money, unless the parties agree that it be made in whole P"=°" 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 erder accordingly. Relief in case of ejectment before the Determination of Compensation. 4. (1) If from any cause the amount of compensa- or}:fli‘fml:c road tion payable to a tenant— fore determinz- tion of compen- (a) under this Chapter for improvements or dis< cyon, turbance, or (b) under section 49 for the value of uncut or un- gathered crops or the preparation of land for 56 TENANCY [1887 : Act xvy has not been determined before the tenant is cjected, ejectment shall not be invalidated by reason of the omis. sion, but the Court or Revenue-officer which decree or who ordered the ejectment may, on application made hy the tenant within one year from the date of the ej correct the omission by making in favour of the tenant 31'1: order for the payment to him by the landlord of such cgr. pensation as the Court or officer may determine the tenant to be entitled to. (2) An order made under sub-section (1) may he executed in the same manner as a decree for MONey may he executed by a Revenue Court. CHAPTER VII JURISDICTION AND PROCEDURE. Jurisdiction. Hevenne offi- 75. (1) There shall be the same classes of Revenue. officers under this Act, as under the Punjab Land-revenue Act, 1887, and in the absence of any order of the xv *ICentral Government] to the contrary, a Revenue-officer of any class having jurisdiction within any local limits under that Act shall 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 b the Punjab Land-revenue Act, 1887, Applications 76. (1) The following applications and proceedings f;‘d l’{‘]‘;f;“d""g; shall be dispoced of by Revenve-officers as such, and no Revenny amecrs, Court shall take eornizance of any dispute or matter with respect to which any such application or proceeding might be made or had : [Mimsr Crove, (a) proceedings under section 27 for the adjuStm?nlt of rents expressed in terms of the land-revenue: “Substituted for the words “State Government” by the l"unja\"‘cE;: organisation (Chandiparh) (Adsptation of Laws on State and current Subjects) Order, 1068, 1887 : Act XVI] TENANCY 57 (ag) = s ® » - - * (b) proceedings relating to the remission and sus- pension of rent under section 30; (¢) applications under section 43 for the ejectment of atenant 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 liahility to be ejected but has claimed compensation under section 713 (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 extinet ; (g) proceedings under Chapter VI with respect to the award of compensation for improvements or disturbanee ; Seconp GrOUP (k) applications under section 17 with respect to the division or appraisement of produce ; (i) applications under seetion 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 and has not claimed compensation under seetion 71 ; (7) application for the determination— (i) under section 49 of the rent payable for land occupied by erops uncut or ungathered at the time of an order being made for the ejectment of a tenant, or Punjnb Act XI of 1825 iClause (ma) inserted by section 11 af : isting Indinn Laws) has been emitted by the Indinn (Adaptation of ex Order, 1047, sectlon 4 (1), 58 TENANCY [18R7 . Ary X\ ) I (it) under section 49 or section 74 of the va] such crops or of the sum payabl. t.,m of tenant for labour and capital £Xpended the him in preparing lsnd for sowing: by Tairn Grour. (k) applications under section 31 by tenants 1, posit rent ; (1) applications under section 36 for seryjc. notice of relinquishment ; - (m) applications under section 42 for seryies ot notice of ejectment ; ‘ (m) applications under section 52 or section 54 for service of notice of intended transfer or of i, tended foreclosure or other enforcement of liom (2) Except as otherwise provided by any rule mad, by the Financial Commissioner in this behalf — ' (a) a Collector or an Assistant Collector of the firs 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-Tahsildar, may dispose of any of the applications mentioned in the second and third group of that sub-section ; and (e) a Naib-Tehsildar when invested with the powers of an Assistant Collector of the second grade may dispose of any of the applications mention- ed in the third group of that sub-section. Rlevenue Courts 77. (1) When a Revenue-officer is exoreising juris. end milts copnle diction with respect to any such suit as it desecribed in avle by them. oyh section (3), or with respect to an appeal or other pro- ceeding arising out of any such suit, he shall be called a Revenue Court te. (2) ‘There shall be the same classes of Revenue Courts as of Revenue-Officers under this Act, and, in the - absence of anv order of the ‘[Central Government] to tlh? contrary, a Revenue-officer of any class having jurisdiction within any local limits under this Act shall be a Revenu? Court of the same elass having jurisdiction within the same¢ local limits. ulSubs_tiEl;d_ ;o_r the wr..rd.»; “State Government” by the Punja organisation (Chandigarh) (Adapiution of Laws on State and current Subjeete) Order, 1968 b Re Con v of 1008, 1887 : Aet XVI] TENANCY 59 ~ (3) The following suits shall be instituted in, and lieard and determined by, Revenue Courts, and no other Court shall take cognizance of any dispute or matter with respect to which any such suit might be instituted :— ‘| Provided that— (1) where in a suil cognizable by and instituted jn_Frocedure a Civil Court it becomes necessary to decide muter 15 raissd any matter which can under this sub-section in o Civil Caurt, 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 Code®, 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 deter- mine 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.] Frast GROUP ) i {a) suits bewteen landlord and tenant for enhance- ment or reduction of rent under section 24 ; (b)Y suits between landlord and tenant for addition to or abatement of rent under section 28 or for ecornmuistion of rent ; (¢) suits under section 34 for determination of ren! or sther sum on the expiration of the term of an assessment of land-revenue "[and suils polating to the rent to be paid under a mort- page made in necordance with form (¢) as pres- cribed by scetion 6 of the ‘Punjab Alienation of Land Act 1900] ; 1Added by e Punjah Tenanes (Amendment) At of 1912), section 2. v+, 1012 (Punjob il Act, 1900 (XU of 1 XITT of 1900 now st repenled by Adaptation 1 Amendment) Oeder, 1931 o the Adiptation of Lews (Thyrd Amendinent) Order, &0 TENANCY [1887 : Act xw1 Seconp GROUP, {d) suits by a tenant to establish a claim to a rigy, of occupancy, or by a landlord to prove that , 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 Ji,. bility to ejectment when notice of ejectmeny has been served ; . (g) suits, by a tenant under section 50 for ra. covery of possession or occupancy, or for com. pensation 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 ; (1) any other suit between landlord and tenant aris- ing out of the lease or conditions on which , tenancy is held ; () suits for sums payable on account of village cesses or village expenses ; (k) suits by a co-sharer in an estate or holding for a share of the profits thereof or for a settlement of accounts ; (1) 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, zaildars, inamdars or village officers ; Turep Grour (n) suits by a landlord for arrears of rent or the money-cquivalent of rent, or for sums recover- able under section 14; 'lor 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 claim- ed as due for the enjoyment of rights in or over land or in water includings rights of irrigation, rights over fisheries, rights of pastuarage and forest-rights ; ‘Added by Punjab Act No. 18 of 1083, 1887 : Act XVI] TENANCY 61 (p) suits for sums payable on account of land- revenue or of any other demand recoverable as an arrear of land-revenue under any enactment H for the time being in force, and by a superior ks landowner for other sums due to him as such. (4) 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 '[Central ' Government], any of the suits mentioned in the > first group ; and (¢) an Assistant Collector of the second grade may hear and determine any of the suits mentioned in the third group. . Administrative Control. Superinien- 78. (1) The general superintendence and control ; ~iren comteal over all other Revenue-officers and Revenue Courts shall of Revente offi- be vested in, and all such officers and Courts shall be sub-£*7 it Hiree ordinate to, the Financial Commissioner. e (2) Subject to the general superintendence and con- trol 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. (1) The Financial Commissioner or a Commis- o 1\, el sioner or Collector may by written order distribute, in such yna withdraw snd manner as he thinks fit any business cognizable by any transfer caoes Revenue-officer or Revenue Court under his control, (2) The Financial Commissioner or & Commissioner or Collector may withdraw any case pending before any Revenue-officer or Revenue Court under his control and either dispose of it himself, ar by written order refer it for disposal to any other Revenue-officer or Revenue Court under his control. TSubatiiuted for The words “State Government” by ~the Punjab Reorganisation (Chandigarh) (Adeptation of Laws en State and Con- current Subjects! Order. 1068, 62 TENANCY [1887 : Act x| (3 An order under sub-section (1) or sy, section (2) shall not empower any Revenue-officer o Revenue Court to exercise any powers or deal wit) any business which he or it would not be competen; to exercise or deal with within the local limits of hjg or its own jurisdiction. Appeal, Review and Revision. A zhonly 80. 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 5 Revenue-officer or Revenue Court, 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; (¢) to the Financial Commissioner when the order or decree is made by a Commis- sioner : Provided that— (i) an appeal from an order or decree made by an Assistant Collector of the first grade especially empowered by name in that behalf by the '[Central Government] in a suit mentioned in the first 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 confirm- ed on first appeal, a further appeal shall not lie; (iii)) when any such order or decree is modi- fied or reversed on appeal by the Collector, the order or decree made by the Commis- sioner on further appeal, if any, to him shall be final. _ Limitation for 81. The period of limitation for an appeal under AP, the last foregoing section shall run from the date of iSubstituted for the words "Stale Government” the Punjib Reorganisation (Chandigarh) (Adaptation of Laws on State and Con- virrent Subjects) Order, 1968, 1887 : Act XVI] TENANCY 63 the order or decree appraled against, and shall be as foliows, that is to say :— ' (a) when the appeal lies to the Collector—thirty days: ’ (b) when the appeal lies to the Commissioner— sixty days; (¢) when the appeal lies 1o the Financial Commissioner—ninety days. 82. (I) A Revenue-ofiicer, as such, may either of 7 his own motion or on the application of any party interested. review, and on so reviewing maodify, reverse or confirm any order passed by Thimself or by any of his predecessors in office : Provided as follows:— (a) when a Commissioner or Collector thinks fit necessary to review any order which he has mnot 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 office, 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; (e} an order shall not be modified or reversed unless reasonable notice has been given to the parties affccted thereby 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 suceessor in office of any Revenue-officer of a lower class who has left the dis- triet or has ceased to exercise powers as a Revenue- officer, and to whom there is no successor in office. (3) An appeal shall not lie from an order refusing to review, or confirming on review, a previous order. 64 TENANCY [1887 : Ph. Act XV] Comprutation af 83, In the eomputation of the period for ap periods ]mi‘wappea] from, i 1 or an application for the review of, an :‘?;:ucip:fi;:h for order under this Act, the limitation lhcrn‘l’or shall be veriee, governed by the Indian Limitation Act, 1877. XY o Power to eall 84. (1) The Financial Commissioner may at any for, examine and oo for the record of any case pending before, revise roceed- ingn of Revenye- OT disposed of by any Revenue-officer or Revenue officers and Re- Coypt sybordinate to him. Yee. Gourts (2) A Commissioner or Collector may call for the record of any case pending bhefore, or disposed of by, any Revenue-officer or Revenue Court under his control. ) o (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 himsalf under sub-section (I) or submitted to him under sub-gection (3), the Financial Commissioner is of opinion that it is in expedient 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 *[High Court] in the exercise of its revisional jurisdiction may under the law for 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 or which he may appoint in this behalf, pass such order as he thinks fit in the case. (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. & & * * ® iSee now the Indi_ar;_i-.l:n-l!;nli-m- Act, 1963, _q‘,xxx\"[ n.l_lfl_fi‘m- “Substituted for the words "Chief Court” by Act XVIII of 1010, XV ¢ 1887: Pb. Act XVI] tEnancy 65 Procedure. 85. (1) The 'ICentral Government! may make Procedure of rules® consistent with this Act for regulating the pro- Thevie nded cedure of Revenue-oflicers under this Aet 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 immovable property, and rules providing for those maiters may confer on a Revenue-officer all or any of the powers in regard 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 fo costs, and may adapt to pro- _ ceedings under this Act all or any of the provisions Vil of the Punjab Land-Revenue Act, 1887, with respeet " to arbitration. (4) Subject to the rules under this section, a Revenue-officer may refer any case which he is em- powered to dispose of under this Act to another Revenue-officer for investigation and report, and may decide the case upon the report. 86. (1) Appearances before a Revenue-officer as persons by whom UC 1 inats appearances maiy such, and applications to and acts to be done before R ede before him, under this Act may be made or done— Revenue officers i i not fa) by the parties themselves, or i: fueh ll;rm-nm- (b) by their recognized agenig or a legal practi- ©"™ tioner : 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 re- auired by an order of the officer, !Substituteq for the words “State Government” b j g 5 1 t Stale e 3 v the Punjab Re- :;g:msauunl (Chandigarh) (Adaptation of Laws on State and Con- 138 sfifl’“'&,’m Order, 1066, es er 5. 85(1), HNotific No. 77 i Extrucrdinary, st Moreh, mss’.e;, Tl.;lfi{llllflfl i 0. R B, 06 tENanNcy [1887: Pb. Aet Xy) (2) For the purposes of sub-section (1), recog. nized agents shall be such persons as the '[Centra) Government] may by notification declare in thig behalf. (8) The fees of a legal practitioner shall not be allowed as cost in any proceeding before a Revenye. officer under this Act, unless that officer considers, for reasons to be recorded by him in writing, that the fees should be allowed. Costs, 87. (I) A Revenue-officer may give and appor. tion 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 pro- ceeding shall not follow the event, he shall record his reasons for the order. Procedure of 88. (I) The '[Central Government] may, ** *~* Revenue Courts. 1o opples consistent with this Act for regulating the procedure of Revenue Courts in matters under this Act for which a procedure is not prescribed there. by, and may by any such rule direct that any provi. sions of the ‘Code 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 pro- visions of this Act— (a) the ‘Code of Civil Procedure shall, so far as it is applicable, apply to all proceedings in Revenue Courts whether before or after decree; and T -E}-lulr:d fm-_lh;;; \-.'m-d‘:i:._?.lmE Government” by r.!v;-f’u:u.'ib ;. ion (Chandigarh) (Adaptation of Laws on State und Con- jeetz) Order, 1908 - “The words “with the previous sanction of the Governor-General in Council” were repealed by the Decentralization Act, 1814 (v of 19141, For rules, see Punjab Gazette 1902, Part I, p. 845 “Uee now the Code of Civil Procedure, 1908 (Act V of 1008). 1867 : Ph. Act XVI] tENANCY 67 (b} the Financial Commissioner shall, in res- peci of 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. 83, (1) A Revenue-officer or Revenue Court may summon any person whose attendance he or ity considers necessary for the purpose of any application, =i 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 if the summons so allows, by his recognized agent or a legal practilioner. (3) The person attending in obedience to the sum- mons shall be bound to state the truth upon any matter respecting which he is examined or malkes statements, and to produce such documents and other things relating to any such matter as the Revenue- officer or Revenue Court may require. 90, (I) A summons issued by a Revenue-officer or Revenue Court shall, if practicable, (a) personally on the person to whom it is addressed, or failing him on (b) his recognized agent, or (c) an a2dult male member of his family who is residing with him, (2) 1f service cannot of service so made is re be so made, or if acceptance fused, the summons may be served by posting a copy thereof at the usual or last known place of residence of the person (o whom it is addressed, or, if that person does not reside in the dis- trict 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 swmmons on some conspicuous place in or near the esiate where the land is situate. (3) If the summons relates to a case in which persans having the same interest are so numerous that personal service on all of them is not reasonably be served® Power of . Re- or Mede of sarvice f summons 68 TENANCY [1887 : Pb. Act X\Tl. A practicable, it may, if the Revenue-officer Court so directs, be served by delivery 3; F:E‘«'iénun thereof to such of those persons as the officer or C; X nominates in this behalf and by proclamation of tui:-t contents thereof for the information of the oty . persons interested. = (4) A summons may il the Revenue-officer o Revenue Court so directs, be served on the persop named therein, either in addition to, or in substitutiny for, any other mode of service, by forwarding the summons by posi in a letter addressed to the persan and registered under Part 11T of the Indian Post Offiee Act, 1866 " (5) When a summons is so forwarded in a letter and it is proved that the letter was properly addressed and duly posted and registered, the officer or Coyrt may presume that the summons was served at the time when the letter would be delivered in the ordi narv course of post. Mode of service 91. A notice, order or proclamation, or copy of :rf “;fl?m ten any such document, issued by a Revenue-Officer or ot copy thereot. Revenue Court for service on any person shall be served in the manner provided in the last foregoing section for the service of a summons. Additions! 92. When a proclamation relating to any land is ;’;"” of Jumen issued by a Revenue-Officer or Revenue Court, it shall, i ™ in addition to any other mode of publication which may he 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 fo which it relates. e 93. (1) Any number of tenants cultivating in the fnts e Derdes “same estate may, in the discretion of the Revenue- leting to remt, Officer or Revenue Court and subject to any rules which the */Central Government] may make In this 1See now the Indian Post Office Act, 1898 (VI of 1898). 2Substituted for the words “State Goy.vent” by the Pun organisation (Chandigerh) (Adaptation of Liws on State an current Subjects) Order, 1668, jab Re- d Cone XIv of 1862, 3T of 1884, 1887: Pb, Act XVI] 1enancy 69 behalf, b " : Chonicy 75y made parties fo any proceeding under (2) But a decree or order sh i k all ’ Eu:h pl:occed_mg unless the Rt!\'enue-g?fitczf n;f dgrficgflz urt 1s.sat1_sfied that all the parties thereto have had an opportunity of appearing and being heard. j H{SJ A_;Iecree or order made in any such proceeding shall specify the extent to which each of the tenants is affected thereby. Exception of 5 “;- I\’ofhiing in section 424 of the 'Code of Civil ¥ rocedure. or in section 36 of the *Punjab Municipal Jo s o Act, 1884, shall be construed to apply to a suif of a class e e mentioned in section 77 of this Act. sretonty. 95. (1) When a defendant admits that monev is Paymest iaste due from him on account of rent, but pleads thaf it ¥s S35t f menty due not fo the plaintiff but to a third person, the Court so as ‘e chall, excent for spacial reasons to be recorded by it persan refuse to take cognizance of the plea unless the defendant pavs inta Court the amount so admitted to he due. (2) Where such a pavment is made the Court shall forthwith cause notice of the pavment fo be served an the third person. (3) Unless the third person within three months from the receipt of the notice institutes a suif against the plaintiff and therein obiains an order restraining pavment of the monev, it shall be paid to the plaintiff on his application to the Court therefor. (4) Nothing in this scetion shall affect the right of any person to recover from the plaintiff money paid to him under sub-section (3). (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 an 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. 15ee now the Code of Civil Procedure, 1908 (Act V of 1008), *See now the Punjab Municipal Act. 1011 (Punjab Act IIT of 18110, 0 TENANCY [1887 : Ph. Act XV1 ‘:_'::c;.:m of 86. A court passing a decree for an arvear of reat foree fof AFFSTT" may, on the oral application of the decree-holder, order execution thereof against the moveable property of the tenant, and against any uncut or ungf"'h"-“"-"i crops on the tenancy in respeet of which the arrear is decreed. Previbitian of 45 A tenant shall not, during the eontinuance of fmpris : s : : : r‘-mm,":r:m'..,:'_{hls necupaney, be liable fo imprisonment on the appli- ction of decrees cation of his landlord in exorution of a decree for an i arrear of rent. D e a8, (1) If, in any proceeding pending before 2 e e " Revenue Court exercising original, appellate or revi- sinnal jurisdiction, it apears tn 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 in complianee 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 ¢ appeal, as the case may be. Power to refer 99. (1) If the presiding officer of a Civil er o i Coutpoyenue Court in which a suit has been instituted Jurisdiction, doubts whether he is precluded from taking cogni- zance of the suit, he may refer the matter through the [District Judge] or Commissioner, or, if heis a ![Distriet Judge] or Commissioner directly to the ‘[High Court]. (2) On any such reference being made, the *[High Court] may order the presiding officer either to pro- eced with the suit or to return the plaint for presenta- tion in such other Court as it may in its order declare to be competent to take cosnizance of the suit. (3) The order of the *[High Court] on any such reference shall be conclusive as against persons who Tmiah Conrts Act. 118 (UI Of 19318), section 49, sBubstituted for the words “Chief Court” by Act XVIIL of 1,8 1887: Pb. Act XVI] 7enancy i are not parties to the suit as well as against persons who are parties thereto. Power of HIgh nalni"l}}“" :E) In either of the following cases, Conrt 0 valizate (a) if it appears to a Civil Court that a Court ™ mistake o= under its control hag 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 '[High Court]. (2) If on perusal of the record it appears to the ‘[High Court] that the suit was so determined in good faith, and that the parties have not been prejudiced by the mistake as to jurisdiction, the '[High Court] may arder that the deeree be registered in the Court which had jurisdiction, (3) If it appears to the '[High Court], other- wise 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 should have been heard and determined by a Revenue Court, the ‘[High Court] may pass any order which it might have passed if the reeord had been submitted to it under that sub-section. (4) With respect {o any procecding subsequent to decree, the '[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 '[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. *Substituted for the words "Chief Court” by Act XVIIL of 1918, 12 TENANCY [1887 : Pb. Act XVI (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 of any such suit, Miscellaneous. Place of sitting, 101. (1) An Assistani Collector may exercise his Holidays. Discharge 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 ils jurisdiction. 102. (1) The Financial Commissioner, with the approval of the '[Central Government], shall publish in the *[Ofiicial Gazette] before the commencement of each calendar year a list of days to be observed in that vear as holidays by all or any Revenue-officers and Revenue Courts. (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. ot 103. When a Collector dies or is disabled from duties of Collec- performing his duties, the officer who succeeds tempo- tor dying or be- Ing disabled, Retention powers by venus-officer transfer rarily to the chief executive administration of the dis- trict under any orders which may be generally or specially issued by the *[Central Government] on this behalf, shall be deemed to be a Collector under this Act. of 104. When a Revenue-officer of any class who, Feeither as such or as a Revenue Court, has under the foregoing provisions of this Act any powers to be exercised in any local arca is transferred from that local area to another as a Revenue-officer or Revenue Court of the same or a higher class, he shall continue to exercise those powers in that other local area, unless the ‘[Central Government] otherwise directs or has otherwise directed. 'Substituted for the words “State Government” by the Punjab Re- organisation (Chandigarh) (Adaptation of Laws on State and Con- current Subjects) Order, 1968, “Substituted for the words “Local Official Gazette” by the Government of India (Adaptation of Indian Laws) Order, 1037, 1887 : Pb. Act XVI] tenawcy 73 105. (1) The *[Central Government] may, bypo =not_ification confer on any person— (a) ‘Elgn':;;‘;% of flé! powers of a Financi ner, Commissioner or under this Aect, mll'nmm“‘lnnnl o Caliegtes (b) i;sioé't:rfiycfiflthe powers with which an 1 ollector of either grade is, or ma be, invested thereunder, MR ¥ and may by notification withdraw any powers so con- ferred. (2) A person on whom powers are conferred under sub-section (I) shall exercise those powers within fuch local limits and in such classes of cases as the (Central Government] may direct, and, except as other- wise directed by the '[Central 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. ) (3) Beiore conferring powers on the Judge of a Civil Court under sub-section (1), the 1[Central Government] shall consult the *[High Court]. (4) If any of the powers of a Collector under see- tion 78, section 79, section 80 or section 82 are conferred on an Assistant Collector, they shall, unless the ‘[Central Government] by special order otherwise directs, be exercised by him subject 1o the control of the Collector. 106, (1) The Financial Commissioner may, in addition to the other rules which may be made by him under this Act, make rules ‘eonsistent with this Act and any other enactment for the time being in force,— (a) determining, notwithstanding anything in any record-of: -rights, the number and amount of the instalments and the times by and at which rent is to be paid; “State Gover nnmnt“- by the Punjab Re- piation of Laws on State and Con- 1Substituted for the words arganisation (Chandigarh) (Ada current Subjects) Order, 1068, =For Notification, see Punjob Government Goxette, 1908, Part T, B 928, aSubstituted for the words "Chicf Court” ‘For rules the Financial Conmissioner ne®Neation Mos, 78 and 79, Punjab Gazefte, Extr 1886, pp. 61 end £6, respectively. by Act XVII of 1918, under s 108 (1), see aordinary, 1st March, sloner to rules, Conferment of wers of Roves nuesfeer or Re- a] venue Court, 74 TENANCY [1887: Ph, Act XV] (b) for the guidance of Revenue-olficers jp determining, for the purposes of this Acy the amount of the land-revenue of anf land; (¢) preseribing, for all or any of the territories to which this Act extends, the periods during which, in proceedings held under this Act, a Revenue-oflicer or Revenue Court is not, except for reasons of urgency to be recorded, to issue any process of arrest against a {enant or against a landowner who cultivates his own land; (d) regulating the procedure in cases where persons are entitled to inspeet records of Revenue-offices or Revenue Courts, or tg obtain copies of the same, and prescribing the fees payable for searches and copies; (e) prescribing forms for such books, entries, statistics and accounts as the Financial Commissioner thinks necessary to be kept, made or compiled in Revenue-offices or Revenue Courts or submitted to any authority; () declaring what shall be the language of any of those offices and Courts, and determining in what cases persons practising in those offices and Courts shall be permitted to address the presiding officers thereof in English; and (g) generally for the guidance of Revenue- officers and other persons in matters con- nected 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 '[be made subject to the control of] the *[Central Govern- ment]. 1887: Ph: Act XVI] zewawcy 75 is *flgje t’I']‘ll[E ! POWer to make any rules under this Act 15 Aunjec ~ “Tto the condition of the rules being made after previous publication®, # 108. Al powers conferred by this Act on the nancia] Commlssmner may be exercised from time to time as oceasion requires, CHAPTER VIII. ErrFecT OF THIS Act on RECORDS-OF-RIGHTS AND AGREEMENTS. 109. An entry in any record-of-rights providing— (@) that a landlord may prevent a tenant from making, or eject him for making, such im- provements on his tenancy as he is entitled to make under this Act, or ) (b) that a tenant ejected from his tenancy shall not be entitled to compensation for improve- ments or for disturbance in any case in which he would under this Act be entitled to compensation therefor, or (€) that a landlord may eject a tenant otherwise than in accordance with the provisions of this Act, shall be void to that extent. 110. (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 of a right of occupancy, or the reduction, remission or suspension of rent, or the enhancement of the rent of a tenant having a right of occu- pancy under section 5 or section 6, or 1Phe words “to the control of the Governor-General in Couneil and" were repealed by the Devolution Act, 1020 (XXXVII of 1820, ¢ 2 ang Sch. 1 2For provisions as to making of rules after “previous publication” tee the General Clauses Act, 1807 (X o 1807), 2 &3 Rules to be rade after pre- vinun publieation, Powesrs oxer- cieable by Finsn- clinl Commis« ulone’, Nulllty of cer- tain entries i records of rights. Mullity of certain greements cons trary to the Aet 76 TENANCY (1887 : Ph. Act XVI (b) take away or limit the right of a tenant as determined by this Act to _ma‘kc improve- ments and claim ecompensation therefor, or, where compensation for disturbance can be claimed under this Act, to claim such com- pensation, Or (c) entitle a landlord to eject a tenant qthmvisq than in accordance with ‘the provisions of this Act. . . in clause (a) of sub-section (1) shall e (f) Hofa 26 23 2 s (8) tenant binds himself to péy an enhanced rent in consideration of_ an improve- ment which has been, or is to be, made in respect of his tenancy by, or at the expense of, his landlord, and to the benefit of which the tenant is not otherwise entitled. Saving . 111, Save as expressly provided in this Act, .gnmm: :::;nathing in this Act shall affect the operation of any fn wTiting agreement between a ]andlord and a tenant, when the agreement either is in writing or has been recorded in 2 record-of-rights before the passing’ of ‘the Punjab Land-Revenue Act, 1887, or been entered by order of = Reventie-officer in a record-of-rights of annual record X== urider the provisions of that Act. et A 112.. An entry made with respect to any of the tl:l.n entriss mlfaolluwi%g matters before the eighteenth day of Novem- recorés-ct. her, 1871, and attested by the proper officer, in the :fifi,f’i’g;"“ record of a regular settlement sanctioned by the [Central Government], namely :— (@) the enhancement or abatement of the rent of a tenant having a right of occupancy, cf 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 pro- cedure of a like nature, or - : — 1Substituted for the words “State Governmnet" by the ‘lejlb Re- organisation (Chandigarh) (Adaptati 4 Con- rurrent Subjects) OLI 1080, aptation of Laws on State and T 1887 :.Fb. Ack XVI] TENANCY 77 (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 cr succession to land in which such a right subsists, shall be deemed to be an agreement within the mean- ing of the last foregoing section. THE SCHEDULE. [Repealed by the Repealing and Amending Act, 1891 (X7 of 1891), 8. 2(1) and first Schedule.]