Explanation

 Section 80 of the Punjab Tenancy Act, 1887 deals with appeals

Explanation

  section 43 of the Punjab Tenancy Act, 1887 deals with ‘Application to Revenue Officer for ejectment’

Explanation

 Section 59 of the Punjab Tenancy Act, 1887 deals with ‘succession to right of occupancy’

Explanation

According to Section 4(8) of the Punjab Tenancy Act, 1887,

Tenancy  means a parcel of land held by a tenant of a landlord under one lease or one set of conditions.’

Explanation

Section 13 of the Punjab Tenancy Act, 1887 deals with  Commutation and alteration of rent .

Explanation

According to Section 59 of the Punjab Tenancy Act, 1887,

‘when a Muslim tenant having a right of occupancy in any land dies, the right shall devolve on his heirs in accordance with the provisions of the Muslim Personal Law  .

Explanation

20.   Enhancement of produce rents of occupancy tenants.–

Where the rent of a tenant having a right of occupancy in any land is a share of the produce,

or of the appraised value thereof, with or without an addition in money,

or is paid according to rates fixed with reference to the nature of the crops grown,

or is a rent in gross payable in kind,

the tenant shall be entitled to occupy the land at that rent:

Explanation

 19.   Procedure after division or appraisement.– (1) The result of the division or appraisement 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 make an order either confirming or varying the division or appraisement.

      (3)  The Revenue Officer shall also make such order as to the costs of the reference as he thinks fit.

      (4)  The costs may include the remuneration of the referee 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 proceedings.

Explanation

 Appointment of assessors and procedure of referee defined under section 18

Explanation

17.   Appointment of referee for division or appraisement.–

If either the land-lord or the tenant neglects to attend, either personally,

or by agent, at the proper 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 application of either party,

appoint such person as he thinks fit to be a referee to divide or appraise the produce.

Explanation

Section 16. 

 Presumption with respect to produce removed before division or appraisement

Explanation

15.   Collection of rents of undivided property.–

When two or more persons are land-lords of a tenant in respect of the same tenancy,

the tenant shall not be bound to pay part of the rent of his tenancy to one of those persons and part to another.

Explanation

 Section 14 deals with Payments for land occupied without consent of land-lord.

Explanation

Section 13.   Commutation and alteration of rent.

Explanation

Section 12.   Respective rights of land-lord and tenant to produce.

Explanation

11.   Continuance of existing occupancy rights.–

Notwithstanding anything in the foregoing sections of this Chapter,

a tenant who immediately before the commencement of this Act has a right of occupancy 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 occupancy in that land under the enactment specified in the same line of the second column of the table:-

Explanation

Right of occupancy not to be acquired by joint owner in land held in joint ownership.–

In the absence of a custom to the contrary, no one of several joint owners of land shall acquire a right of occupancy under this Chapter in land jointly owned by them.

Explanation

Right of occupancy not to be acquired by mere lapse of time.–

No tenant shall acquire a right of occupancy by mere lapse of time.

Explanation

8.   Establishment of right of occupancy on grounds other than those expressly stated in Act.–

Nothing in the foregoing sections of this Chapter shall preclude any person from establishing a right of occupancy on any ground other than the grounds specified in those sections.

Explanation

7.   Right of occupancy in land taken in exchange.–

If the tenant has voluntarily exchanged the land, or any portion of the land,

for merely occupied by him for other land belonging to the same land-lord,

the land taken in exchange shall be held to be subject to the same right of occupancy as that to which the land given in exchange would have been subject if the exchange had not taken place.

Explanation

6.   Right of occupancy of other tenants recorded as having the right before passing of Punjab Tenancy Act, 1868.–

A tenant recorded in a record-of-rights sanctioned by the Provincial Government, before the twenty-first day of October, 1868,

as a tenant having a right of occupancy in land which he has continuously occupied from the time of the preparation of that record,

shall be deemed to have a right of occupancy in that land unless the contrary has been established by a decree of a competent Court in a suit instituted before the passing of this Act.

Explanation

Tenants having right of occupancy mention in section 5 

Explanation

“Muqarraridar” means any person who holds land in the Attock and Rawalpindi District and who,

on the date of the commencement of the Punjab Tenancy (Amendment) Act, 1952,

was recorded in the revenue records as muqarraridar in respect of such land or who,

after the said date,

was so recorded with his consent and the consent of the proprietor of such land and includes the successors-in-interest of a muqarraridar.

Explanation

 “improvement” means with reference to a tenancy, any work which is suitable to the tenancy and consistent 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;

Explanation

“notification” means a notification published by authority of the Provincial Government or the Board of Revenue in the Official Gazette:

Explanation

  “agricultural year” means the year commencing on the sixteenth day of June, or on such other date as the Provincial Government may, by notification appoint for any local area:

Explanation

  “legal practitioner” means any legal practitioner within the meaning of the Legal Practitioners Act, 1879, except a mukhtar:

Explanation

“Jagirdar” includes any person, other than a village servant, to whom the land revenue of any land has been assigned in whole or in part 

Explanation

  “Revenue Officer” or “Revenue Court”, in any provision of this Act, 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 provision:

Explanation

“Village Officer” means a chief headman, headman or Patwari:

Explanation

 “village cess” means any cess, contribution or due which is customarily leviable, from land-owners and non-land-owners alike, within an estate for the common purposes of the inhabitants thereof, and is neither a payment for the use of any private property or for personal service, nor imposed by or under any enactment for the time being in force, and does not mean any cess, contribution or due leviable, for the benefit of any individual residents or class of residents in the estate, or in relation to any property which is not meant for the common use of all the residents:

Explanation

 “rates and cesses” means rates and cesses which are primarily payable by land-owners, and includes–

Explanation

“land revenue” means land revenue assessed under any law for the time being in force or assessable under the Punjab Land Revenue Act, 

Explanation

 “estate”, “land-owner” and “holding” have the meanings respectively assigned to those words in the Punjab Land Revenue Act, 

Explanation

 “tenancy” means a parcel of land held by a tenant of a land-lord under one lease or one set of conditions:

Explanation

“tenant” and “land-lord” include the predecessors and successors-in-interest of a tenant and land-lord, respectively:

Explanation

 “land-lord” 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:

Explanation

 “arrear of rent” means rent which remains unpaid after the date on which it becomes payable:

Explanation

 “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; 

Explanation

   “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:

Explanation

“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 subservient to agriculture or for pasture, and includes the sites of buildings and other structures on such land:

Explanation

Explanation

Under section 17 revenue officer have special power in case of urgency .

Explanation

After 15 days the collector may take possession of land

Explanation

The income from the land after deducting ordinary expenses of cultivation, land revenue rates is called net income 

Explanation

Transfer of land to board is mentioned in which section 16A

Explanation

The main objective of preliminary notification is to call for objection

Explanation

1.       The notification has to be essentially published in official gazette and two national newspaper

Explanation

 Whenever it appears to the Collector of the District that land in any locality is needed or is likely to be needed for any public purpose or for a Company, a notification to that effect shall be published in the official Gazette, and the Collector shall cause public notice of the substance of such notification to be given at convenient places in the said locality.

Explanation

9.   Notice to persons interested.– 

The Collector shall then cause public notice to be given at convenient places on or near the land to be taken, stating that the Government intends to take possession of the land, and that claims to compensation for all interests in such land may be made to him.