THE PUNJAB TENANCY ACT, 1887

(XVI of 1887)
CONTENTS

CHAPTER 1
PRELIMINARY

1. Title, extent and commencement

2. Repealed

3. Repealed

4. Definitions

CHAPTER II
RIGHT OF OCCUPANCY

5. Tenants having right of occupancy

6. Right of occupancy of other tenants recorded as having the right before

passing of Punjab Tenancy Act, 1868

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 III
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 landlord

15. Collection of rents of undivided property

15-A. Rights and liabilities regarding rent and government dues

 Produce rent

16. Presumption with respect to produce removed before division or

appraisement

17. Appointment of referee for division or appraisement

18. Appointment of assessors and procedure of referee

19. Procedure after division or appraisement

20. Enhancement of produce rents of occupancy tenants

21. Reduction of rents referred to in the last foregoing section

Cash-rents paid by tenants having right of occupancy

22. Enhancement of cash rents of occupancy tenants

23. Reduction of rents referred to in the last foregoing section

General provisions relating to suits for enhancement or reduction of rent

24. Enhancement and reduction of rent by suit

25. Discretion as to extent of enhancement or reduction

26. Time for enhancement or reduction to take effect

Adjustment of rents expressed in terms of the land-revenue

27. Adjustment of rents expressed in terms of the land-revenue

Adjustment of rents paid by occupancy tenants in Attock District

27-A. Adjustment of rents paid by occupancy tenants in Attock District

Alteration of rent on alteration of area

28. Alteration of rent on alteration of area

Remission

29. Remission of rent by Courts decreeing arrears

30. Remission and suspension of rent consequent on like treatment of land-

revenue

Deposits

31. Power to deposit rent in certain cases with Revenue-officer

32. Effect of depositing rent

 Recovery of rent from attached produce

33. Recovery of rent from attached produce

Leases for period exceeding term of assessment of land-revenue

34. Treatment of leases for period exceeding or equal to term of assessment

of land-revenue

CHAPTER IV
RELINQUISHMENT, ABANDONMENT AND EJECTMENT
Relinquishment

35. Relinquishment by tenant for a fixed term

36. Relinquishment by any other tenant

37. Relinquishment of part only of a tenancy

Abandonment

38. Abandonment of tenancy by occupancy tenant

Liability to ejectment

39. Grounds of ejectment of occupancy tenant

40. Grounds of ejectment of tenant for a fixed term

41. Ejectment of tenant from year to year

Procedure on ejectment

42. Restriction on ejectment

43. Application to Revenue-officer for ejectment

44. Ejectment for failure to satisfy decree for arrear of rent

45. Ejectment of tenant from year to year by notice

46. Power to make rules

General provisions respecting ejectment

47. Time for ejectment

48. Relief against forfeiture

49. Rights of ejected tenants in respect of crops and land prepared for
sowing

Relief for wrongful dispossession

50. Relief of wrongful dispossession or ejectment

50-A. Bar to civil suits

51. Bar of relief by suit under section 9, Act I of 1877

Power to vary dates prescribed by this Chapter

52. Power of Provincial Government to fix dates for certain purposes

CHAPTER V
ALIENATION OF, AND SUCCESSION TO, RIGHT OF OCCUPANCY
Alienation

52-A. Provisions of Chapter V not to apply to muqarraridars

53. Private transfer of right of occupancy under section 5 by tenant

54. Procedure on foreclosure of mortgage of right of occupancy under

section 5

55. Sale of right of occupancy under section 5 in execution of decree

56. Transfer of right of occupancy under any other section than section 5

57. Rights and liabilities of transferee of right of occupancy

58. Sub-letting

58-A. Transfer of right of occupancy under any section of the Act by exchange

Succession

59. Succession to right of occupancy

Irregular transfers

60. Irregular transfer of right of occupancy

CHAPTER V-A
Succession to non-occupancy tenancies

60-A. Succession to non-occupancy tenancies

CHAPTER VI
IMPROVEMENTS AND COMPENSATION
Improvements by landlords

61. Improvements by landlords on tenancies of occupancy tenants

62. Enhancement of rent in consideration of an improvement made by a

landlord on the tenancy of an occupancy 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

66. Improvements begun in anticipation of ejectment

67. Tender of lease for twenty years to tenant to be a bar to right to

compensation

68. Liability to pay compensation for improvements to tenants on ejectment

or on enhancement of his rent

Compensation for disturbance of clearing tenants

69. 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

Relief in case of ejectment before determination of compensation

74. Relief in case of ejectment before determination of compensation

CHAPTER VII
JURISDICTION AND PROCEDURE
Jurisdiction

75. Revenue-officers

76. Applications and proceedings cognizable by Revenue-officers

77. Revenue Courts and suits cognizable by them

Procedure where revenue matter is raised in a Civil Court

Administrative control

78. Superintendence and control of Revenue-officers and Revenue Courts

79. Power to distribute business and withdraw and transfer cases

Appeal, Review and Revision

80. Appeals

81. Limitation for appeals

82. Review by Revenue-officers

83. Computation of periods limited for appeals and applications for review

84. Power to call for, examine and revise proceedings of Revenue-officers

and Revenue Courts

Procedure

85. Procedure of Revenue-officers

86. Persons by whom appearances may be made before Revenue-officers

as such and not as Revenue Courts

87. Costs

88. Procedure of Revenue Courts

89. Power of Revenue-officer or Revenue Court to summon persons

90. Mode of service of summons

91. Mode of service of notice, or order or proclamation or copy thereof

92. Additional mode of publishing proclamation

93. Joinder of tenants as parties to proceeding relating to rent

94. 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. Execution of decree for arrears of rent

97. Prohibition of imprisonment of tenants in execution of decrees for

arrears of rent

98. Power to refer party to Civil Court

99. Power to refer to High Court questions as to jurisdiction

100. Power of High Court to validate proceedings held under mistake as to

jurisdiction

Miscellaneous

101. Place of sitting

102. Holidays
103. Discharge of duties of Collector dying or being disabled

104. Retention of powers by Revenue-officer on transfer

105. Conferment of powers of Revenue-officer or Revenue Court

106. Power of Board of Revenue to make rules

107. Rules to be made after previous publication

108. Powers exercisable by Board of Revenue from time to time

CHAPTER VIII
EFFECT OF THIS ACT ON RECORDS-OF-RIGHTS AND AGREEMENTS

109. Nullity of certain entries in records-of-rights

110. Nullity of certain agreements contrary to the Act

111. Saving of other agreements when in writing

112. Effect of certain entries made in records-of-rights before November,

1871

113. Nothing but rent or seed supplied recoverable

114. Extinction of occupancy tenancies

114-A.Extinction of Muqarraridari rights

114-B.Removal of doubts

115. Limits of holding for personal cultivation

116. Offences

THE SCHEDULE
Repeald
 TEXT

1
THE PUNJAB TENANCY ACT, 1887
(XVI of 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 enacted as follows:–

CHAPTER 1
PRELIMINARY

1. Title, extent and commencement.– (1) This Act may be called the Punjab
Tenancy Act, 1887.
2
[(2) It extends to the whole of the Punjab.]
3
(3) It shall come into force on such day as the [Provincial Government]
may, by notification, appoint in this behalf.
4
[2. Power to make rules in anticipation of commencement.– * * * * ]
5
[3. Repeal.– * * * * * * * * * * * ]

4. Definitions.– In this Act, unless there is something repugnant in the subject

or context,–
(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 subservient to agriculture or for pasture, and includes
the sites of buildings and other structures on such land:
[(1-A) “Government” shall, unless the context otherwise provides, mean the
6

7
Provincial Government [:] ]

1
For Statement of Objects and Reasons, see Punjab Gazette, 1886, Part V, pages 449-455. This Act received the assent of the
Governor General on the 23rd September, 1887 and was published in the Punjab Gazette, 1887, Part IV, pages 49-69.
2
Substituted by the Punjab Laws (Adaption, Revision and Repeal) Act, 1954 (XV of 1955), w.e.f.21.1.1955, s.2 and first
schedule; and published in the Punjab Gazette (Extraordinary), pages 87-108.
3
Substituted for “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, w.e.f. 1.4.1937,
Article 4 and Table of General Adaptations as amended by the Government of India (Adaptation of Indian Laws) Supplementary
Order, 1937.
4
Repealed by the Amending Act, 1891 (XII of 1891), section 2 (1) and First Schedule by the Amending Act, 1891 (XII of 1891);
and published in the Gazette of India, dated 21.3.1891.
5
Repealed by the Amending Act, 1891 (XII of 1891), section 2 (1) and First Schedule by the Amending Act, 1891 (XII of 1891);
and published in the Gazette of India, dated 21.3.1891.
6
Inserted by the West Pakistan (Adaptation and Repeal of Laws) Act, 1957 (XVI of 1957), w.e.f. 14.10.1955, s.3 and schedule
III; and published in the Gazette of West Pakistan (Extraordinary), pages 709- 789.
 [(1-B) “Commissioner” means a Commissioner of a Division appointed under
8

the Punjab Land Revenue Act, 1967 (XVII of 1967) and includes an
Additional Commissioner:]
(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 landlord in money, kind or
service by a tenant on account of the use or occupation of land held by
9
him; [but it shall not include any cess, village cess or other contribution
or due or any free personal service]:
(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–
10
[(a) * * * * * * * * * * ]
(b) a mortgagee of the rights of a land-owner, or
(c) a person to whom a holding has been transferred, or an estate
or holding has been let in farm, under the Punjab Land Revenue
11
Act, [1967], for the recovery of an arrear of land-revenue or of a
sum recoverable as such an arrear, or
12
(d) a person who takes from the [Government] a lease of
unoccupied land for the purpose of sub-letting 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 predecessors and successors-in-
interest of a tenant and landlord, respectively:
(8) “tenancy” means a parcel of land held by a tenant of a landlord under
one lease or one set of conditions:

7
Misprinted in the Gazette as “full-stop”.
8
Inserted by the Punjab Laws (Amendment) Act 2011 (VI of 2011),w.e.f. 20.4.2011(notification published in the Punjab Gazette
(Extraordinary),dated 16.4.2011, page 4081),s.3 ; and published in the Punjab Gazette (Extraordinary),dated 14.4.2011,pages
4043-4047.
9
Added by the Punjab Tenancy (Amendment) Act, 1950 (XVII of 1950), s.2; and published in the Punjab Gazette
(Extraordinary), dated 13.6.1951, pages 117-118.
10
Omitted by the Punjab Tenancy (Amendment) Ordinance, 2001 (LVI of 2001), w.e.f.14.8.2001, s.2; and published in the
Punjab Gazette (Extraordinary), dated 22.12.2001, pages 2313-2315; which was protected and continued in force under the
Provisional Constitutional Order, 1999 (Chief Executive’s Order No.1 of 1999) as amended by the Provisional Constitution
(Amendment) Order, 1999 (Chief Executive’s Order No. 9 of 1999) and Article 270AA of the Constitution of the Islamic Republic
of Pakistan, as substituted by the Constitution (Eighteenth Amendment) Act, 2010.)
11
Substituted for the figure “1887” by the Punjab Tenancy (Amendment) Ordinance, 2001 (LVI of 2001), w.e.f.14.8.2001, s.2;
and published in the Punjab Gazette (Extraordinary), dated 22.12.2001,pages 2313-2315.
12
Substituted for “the Crown” by the West Pakistan Laws (Adaption) Order, 1964, (P.O. No. 1 of 1964), w.e.f. 8.6.1962, s.2 and
Schedule; and published in the Gazette of West Pakistan (Extraordinary) dated 3.6.1964, pages 1805-1849.
 (9) “estate”, “land-owner” and “holding” have the meanings respectively
13
assigned to those words in the Punjab Land-revenue Act, [1967]:
(10) “land-revenue” means land-revenue assessed under any law for the
time being in force or assessable under the Punjab Land Revenue Act,
14
[1967], and includes–
(a) any rate imposed in respect of the increased value of land due
to irrigation; and
(b) any sum payable in respect of land, by way of quit-rent or of
15
commutation for service, to the [Government] or to a person to
16
whom the [Government] has assigned the right to receive the
payment:
(11) “rates and cesses” means rates and cesses which are primarily
payable by land-owners, and includes–
17
[(a) * * * * * * * * * * ]
18
(b) the local rate, if any, payable under the [Punjab Local
Government Ordinance, 2001];
(c) any annual rate chargeable on owners of lands under section 59
19
of the [* * *] Canal and Drainage Act, 1873;
the [* * *] village-officer’s cesses; and
20
(d)
(e) sums payable on account of village-expenses:
[(12) “village-cess” means any cess, contribution or due which is customarily
21

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

13
Substituted for the figure “1887” by the Punjab Tenancy (Amendment) Ordinance, 2001 (LVI of 2001), w.e.f.14.8.2001, s.2;
and published in the Punjab Gazette (Extraordinary), dated 22.12.2001, pages 2313-2315.
14
Substituted for the figure “1887” by the Punjab Tenancy (Amendment) Ordinance, 2001 (LVI of 2001), w.e.f.14.8.2001, s.2;
and published in the Punjab Gazette (Extraordinary), dated 22.12.2001, pages 2313-2315.
15
Substituted for “the Crown” by the West Pakistan Laws (Adaption) Order, 1964, (P.O. No. 1 of 1964), w.e.f. 8.6.1962, s.2 and
Schedule; and published in the Gazette of West Pakistan (Extraordinary) dated 3.6.1964, pages 1805-1849.
16
Substituted for “the Crown” by the West Pakistan Laws (Adaption) Order, 1964, (P.O. No. 1 of 1964), w.e.f. 8.6.1962, s.2 and
Schedule; and published in the Gazette of West Pakistan (Extraordinary) dated 3.6.1964, pages 1805-1849.
17
Deleted by the Amending Act, 1891 (XII of 1891) by the Amending Act, 1891 (XII of 1891); and published in the Gazette of
India, dated 21.3.1891.
18
Substituted for “Punjab District Boards Act, 1883, and any, fee leviable under section 33 of that Act 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 Act” by the Punjab
Tenancy (Amendment) Ordinance, 2001 (LVI of 2001), w.e.f.14.8.2001, s.2; and published in the Punjab Gazette
(Extraordinary), dated 22.12.2001, pages 2313-2315.
19
Omitted the words “Northern India” by the Punjab Tenancy (Amendment) Ordinance, 2001 (LVI of 2001), w.e.f.14.8.2001, s.2;
and published in the Punjab Gazette (Extraordinary), dated 22.12.2001, pages 2313-2315.
20
Omitted the words “zaildari and” by the Punjab Tenancy (Amendment) Ordinance, 2001 (LVI of 2001), w.e.f.14.8.2001, s.2;
and published in the Punjab Gazette (Extraordinary), dated 22.12.2001, pages 2313-2315.
21
Substituted by the Punjab Tenancy (Amendment) Act, 1950 (XVII of 1950), s.2; and published in the Punjab Gazette
(Extraordinary), dated 13.6.1951, pages 117-118.
 to any property which is not meant for the common use of all the
residents:

Explanation.– If any question arises whether any cess, contribution or due is or is

22
not a village cess, the decision of the [Board of Revenue] shall be conclusive and
shall not be liable to be questioned in any Court:]
(13) “village-Officer” means a chief headman, headman or Patwari:
(14) “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:
(15) “jagirdar” includes any person, other than a village servant, to whom
23
the land-revenue of any land has been assigned in whole or in part [by
24
Government] or by [a servant of the State]:
(16) “legal practitioner” means any legal practitioner within the meaning of
the Legal Practitioners Act, 1879, except a mukhtar:
(17) “agricultural year” means the year commencing on the sixteenth day of
25
June, or on such other date as the [Provincial Government] may, by
notification appoint for any local area:
(18) “notification” means a notification published by authority of the
26 27
[Provincial Government] [ or Board of Revenue] in the Official
Gazette:
(19) “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 I.– It includes, among other things–

(a) the construction of wells and other works for the storage or
supply of water for agricultural purposes;

22
Substituted for “Provincial Government” by the West Pakistan (Adaptation and Repeal of Laws) Act, 1957 (XVI of 1957), w.e.f.
14.10.1955, s.3 and schedule III; and published in the Gazette of West Pakistan (Extraordinary), pages 709- 789.
23
Substituted for “by the Crown” by the West Pakistan Laws (Adaption) Order, 1964, (P.O. No. 1 of 1964), w.e.f. 8.6.1962, s.2
and Schedule; and published in the Gazette of West Pakistan (Extraordinary) dated 3.6.1964, pages 1805-1849.
24
Substituted for “an officer of the Crown” by the West Pakistan Laws (Adaption) Order, 1964, (P.O. No. 1 of 1964), w.e.f.
8.6.1962, s.2 and Schedule; and published in the Gazette of West Pakistan (Extraordinary) dated 3.6.1964, pages 1805-1849.
25
Substituted for “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, w.e.f. 1.4.1937,
Article 4 and Table of General Adaptations as amended by the Government of India (Adaptation of Indian Laws) Supplementary
Order, 1937.
26
Substituted for “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, w.e.f. 1.4.1937,
Article 4 and Table of General Adaptations as amended by the Government of India (Adaptation of Indian Laws) Supplementary
Order, 1937.
27
Inserted by the West Pakistan (Adaptation and Repeal of Laws) Act, 1957 (XVI of 1957), w.e.f. 14.10.1955, s.3 and schedule
III; and published in the Gazette of West Pakistan (Extraordinary), pages 709-789.
 (b) the construction of works for drainage and for protection against
floods;
(c) the planting of trees, the reclaiming, enclosing, levelling and
terracing of land for agricultural purposes and other works of a
like nature;
(d) the erection of buildings required for the more convenient or
profitable cultivation of a tenancy; and
(e) the renewal or reconstruction of any of the foregoing works, or
such alterations therein, or additions thereto, as are not of the
nature of mere repairs and as durably increase their value;
But it does not include such clearances, embankments, levelling, enclosures,
temporary wells and water channels as are made by tenants in the ordinary course
of cultivation and without any special expenditure, or any other benefit accruing to
land from the ordinary operations of husbandry;

Explanation II.– A work which benefits several tenancies may be deemed to be,
with respect to each of them, an improvement;

Explanation III.– A work executed by a tenant is not an improvement if it

substantially diminishes the value of any other part of his landlord’s property; and
[(20) “Muqarraridar” means any person who holds land in [the Attock and
28 29

Rawalpindi Districts] and who, on the date of the commencement of the

Punjab Tenancy (Amendment) Act, 1925, 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.]

CHAPTER II
RIGHT OF OCCUPANCY

5. Tenants having right of occupancy.– (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
thereon, or
(b) who having owned land, and having ceased to be land-owner 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

28
Inserted by the Punjab Tenancy (Amendment) Act, 1925 (XI of 1925), s.2; and published in the Punjab Gazette
(Extraordinary), dated 22.3.1926.
29
Substituted for “Attock District” by the Punjab Tenancy (Removal of Doubts and Amendment) Act, 1975 (XXXVIII of 1975),
w.e.f. 2.12.1974, s.2; and published in the Punjab Gazette (Extraordinary), dated 25.6.1975, pages 942-YYY to 942-BBBB.
 (c) who, in a village or estate in which he settled alongwith, or was settled
by, the founder thereof as a cultivator therein, occupied land on the
twenty-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 continuously occupied it for not less
than twenty years, has a right of occupancy in the land so occupied,
unless, in the case of a tenant belonging to the class specified in
clause (c), the landlord proves that the tenant was settled on land
previously cleared and brought under cultivation 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 beyond 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 conditions 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 community.

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
30
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.

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 landlord, 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.

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.

9. 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.

10. 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

30
Substituted for “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, w.e.f. 1.4.1937,
Article 4 and Table of General Adaptations as amended by the Government of India (Adaptation of Indian Laws) Supplementary
Order, 1937.
owners of land shall acquire a right of occupancy under this Chapter in land jointly
owned by them.

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:–

PUNJAB TENANCY ACT, THIS ACT

1868
First Column Second Column
Section Clause Section Sub- Clause
section
5 (1) 5 (1) (a)
5 (2) 5 (1) (b)
5 (3) 5 (1) (c)
5 (4) 5 (1) (d)
6 .. 6 .. ..
8 .. 8 .. ..

CHAPTER III
RENT
Rents generally

12. Respective rights of landlord and tenant to produce.– (1) The rent for the
time being payable in respect of a tenancy shall be the first charge on the produce
thereof.
(2) A tenant shall be entitled to tend, cut and harvest the produce of his
tenancy in due course of husbandry 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 produce; and
(c) when the produce has been divided, the landlord shall be entitled to the
possession of his share thereof.

13. Commutation and alteration of rent.– (1) Where rent is taken by any of the
following methods, namely:–
 (a) by division or appraisement of the produce,
(b) by rates fixed with reference to the nature of the crops grown,
(c) by a rate on a recognised 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 by another or others of them, one of those
methods shall not be commuted in whole 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 methods specified in
clause (d) of that sub-section, shall not be liable to pay for a tenancy rent at any
higher amount, as the case may be, than the rate or amount payable in respect of
the tenancy for the preceding agricultural year.

14. Payments for land occupied without consent of landlord.– Any person in
possession of land occupied without the consent of the landlord shall be liable to pay
for the use or occupation of that land at the rate of rent payable in the preceding
agricultural year, or, if rent was not payable in that year, at such rate as the Court
may determine to be fair and equitable.

15. Collection of rents of undivided property.– When two or more persons are
landlords 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.
31
[15-A. Rights and liabilities regarding rent and government dues.– Subject to
32
the provisions of paragraph 25 of the Land Reforms Regulation [1972], the landlord
and the tenant shall share the produce in the same ratio in which they used to share
it on the 20th day of December, 1971.]

Produce-rents

16. Presumption with respect to produce removed before division or

appraisement.– Where rent is taken by division or appraisement of the produce, if
the tenant removes any portion of the produce at such a time or in such a manner as
to prevent the due division or appraisement thereof, or deals therewith in a manner
contrary to established 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.

17. Appointment of referee for division or appraisement.– If either the

landlord 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

31
Substituted by the Punjab Tenancy (Amendment) Act, 1975 (XXXIX of 1975), w.e.f.25.6.1975, s.2; and published in the
Punjab Gazette (Extraordinary), which had earlier been added by the Punjab Tenancy (Amendment) Act, 1952 (VII of 1952),
w.e.f.4.2.1952, s.2; and published in the Punjab Gazette (Extraordinary), pages 85-92.
32
Substituted for the figure “115” by the Punjab Tenancy (Amendment) Ordinance, 2001 (LVI of 2001), w.e.f.14.8.2001, s.3; and
published in the Punjab Gazette (Extraordinary), dated 22.12.2001, pages 2313-2315.
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.

18. Appointment of assessors and procedure of referee.– (1) When a

Revenue-Officer appoints referee under the last foregoing section, he may, in his
discretion, give him instructions with respect to the association with himself of any
other persons as assessors, the number, qualifications and selection of those
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.
(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
appraisement 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. 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.

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:
Provided that, when the land or any part thereof previously not irrigated or
flooded becomes irrigated or flooded, the rent in respect of the land or part may,
subject to the provisions of this Act, 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. Reduction of rents referred to in the last foregoing section.– When the
land, or any part of the land, held by a tenant having a right of occupancy to whom
the last foregoing section applies ceases to be irrigated or flooded, the rent payable
in respect of the land or part may be reduced 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 unirrigated or unflooded land of similar description and with similar
advantages.

Cash-rents paid by tenants having right of occupancy

22. Enhancement of cash-rents of occupancy tenants.– (1) Where a tenant

having a right of occupancy pays his rent entirely by a cash-rate on a recognized
measure of area or by a cash rent in gross on his tenancy, the rent may be
enhanced on the ground that after deduction therefrom of the land-revenue of, and
the rates and cesses chargeable on the tenancy, it is–
(a) if the tenant belongs to the class specified in clause (a) of sub-section
(1) of section 5, less than two annas per rupee of the amount of the
land-revenue;
(b) if he belongs to any of the classes specified in clauses (b), (c) and (d)
of that sub-section, less than six annas per rupee of the amount of the
land-revenue;
(c) if he belongs to the class specified in section 6, or if his right of
occupancy is established under section 8 and his rent is not regulated
by contract, less than twelve annas per rupee of the amount of the
land-revenue.
(2) In a case to which sub-section (1) applies, the rent may be enhanced
to an amount not exceeding two, six or twelve annas per rupee of the amount of the
land-revenue, as the case may be, in addition to the amount of the land-revenue of
the tenancy and the rates and cesses chargeable thereon.
33
[(3) For the purposes of this section, a muqarraridar shall be deemed to be
a tenant of the class specified in clause (a) of sub-section (1) of section 5.]

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

General provisions relating to suits for enhancement or reduction of rent

24. Enhancement and reduction of rent by suit.– (1) A Revenue Court, on the
suit of either landlord or tenant, may, subject to the provisions of this and other
sections of this Act, enhance or reduce the rent of any tenant having a right of
occupancy.
(2) Where a decree for the enhancement of the rent of such a tenant has
been passed under the Punjab Tenancy Act, 1868, a suit for a further enhancement
of his rent shall not lie till the expiration of five years from the date of the decree,
unless in the meantime the local area in which the land comprised in the decree is
situate has been generally reassessed and the revenue payable in respect of that
land has been increased.

33
Added by the Punjab Tenancy (Amendment) Act, 1925 (XI of 1925), s.3; and published in the Punjab Gazette (Extraordinary),
dated 22.3.1926.
 (3) Subject to the provisions of sub-section (2), a suit instituted for the
enhancement of the rent of a tenant having a right of occupancy shall not be
entertained in either of the following cases, namely:–
(a) if within the ten years next preceding its institution his rent has been
commuted under section 13 or enhanced under this section;
(b) if within that period a decree has been passed under this Act
dismissing on the merits a suit for the enhancement of his rent;
unless the land or some part of the land comprised in his tenancy, not having
been irrigated, or flooded at the time of such commutation, enhancement or
decree, has become irrigated or flooded.
34
[(4) For the purposes of this section a muqarraridar shall be deemed to be
a tenant having a right of occupancy.]

25. Discretion as to extent of enhancement or reduction.– In enhancing or

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

26. Time for enhancement or reduction to take effect.– (1) Unless the Court
decreeing an enhancement of rent otherwise directs, the enhancement shall take
effect from the commencement of the agricultural year next following the date of the
decree.
(2) A Court decreeing a reduction of rent shall specify in the decree the
date on and from which the reduction is to take effect.

Adjustment of rents expressed in terms of the land-revenue.

27. Adjustment of rents expressed in terms of the land-revenue.– (1) Where

the rent of a tenancy is the whole or a share of the land-revenue thereof, with or
without an addition in money, kind or service and the land-revenue of the holding in
which the tenancy is situate is altered, a Revenue-Officer having authority under
35 36
section [67] of the Punjab Land-Revenue Act, [1967], to determine the land-
revenue payable in respect of the several holdings comprised in the estate in which
the tenancy is situate shall determine also the amount of the land-revenue of the
tenancy, or the proportionate share thereof, payable by the tenant as rent.
(2) Where an addition referred to in sub-section (1) is a percentage fixed
with reference to the land-revenue of the tenancy, or the whole or a share of the
rates and cesses chargeable thereon, or both, the Revenue-Officer shall in like
manner from time to time alter the amount of the addition in proportion to any
alteration of such land-revenue or rates and cesses.
34
Added by the Punjab Tenancy (Amendment) Act, 1925 (XI of 1925), s.4; and published in the Punjab Gazette (Extraordinary),
dated 22.3.1926.
35
Substituted for the figure “56” by the Punjab Tenancy (Amendment) Ordinance, 2001 (LVI of 2001), w.e.f.14.8.2001, s.4; and
published in the Punjab Gazette (Extraordinary), dated 22.12.2001, pages 2313-2315.
36
Substituted for the figure “1887” by the Punjab Tenancy (Amendment) Ordinance, 2001 (LVI of 2001), w.e.f.14.8.2001, s.5;
and published in the Punjab Gazette (Extraordinary), dated 22.12.2001, pages 2313-2315..
 (3) The sum or sums determined under the foregoing sub-sections,
together with any addition previously payable other than the additions referred to in
sub-section (2), shall be the rent payable in respect of the tenancy until there is
again an alteration of the land-revenue thereof or of the rates and cesses chargeable
thereon or until the rent is enhanced by a suit under this Act.
(4) An alteration of rent under this section shall not be deemed an
enhancement or reduction of rent within the meaning of this Act.
37
[(5) For the purposes of this section a muqarraridar shall be deemed to be
a tenant having a right of occupancy.]
38
[Adjustment of rents paid by occupancy tenants in Attock District.]
39
[27-A. Adjustment of rents paid by occupancy tenants in Attock District.– (1)
Where a tenant having a right of occupancy in land in the Attock District pays wholly
or partly in cash a rent not falling within the scope of section 27 and the land-revenue
of the holding in which the tenancy is situate is altered–
40
a Revenue-Officer having authority under section [67] of the Punjab Land-
41
Revenue Act, [1967], to determine the land-revenue payable in respect of the
several holdings comprised in the estate in which the tenancy is situate, may,
by written order, and whether the rent was fixed by agreement or otherwise,
and either upon the application of such tenant, or his landlord, or of his own
motion increase or diminish such rent if wholly payable in cash, or such
portion thereof as is payable in cash, to such extent as appears to the
Revenue-Officer to be proper having regard to the matters specified in sub-
section (2).
(2) In increasing or diminishing the rent of a tenancy under the provisions
of sub-section (1) the Revenue-Officer shall, for the purpose of deciding the extent of
such increase or diminution, take into consideration only–
(i) the land-revenue of and the rates and cesses chargeable on the
tenancy before the land-revenue of the holding in which it is situated
was altered;
(ii) the land-revenue of and the rates and cesses chargeable on the
tenancy after such alteration; and
(iii) the methods by which the assessments of the land-revenue in force
before and after such alteration were calculated and distributed over
the several holdings comprised in the estate in which the tenancy is
situated.

37
Added by the Punjab Tenancy (Amendment) Act, 1925 (XI of 1925), s.5; and published in the Punjab Gazette (Extraordinary),
dated 22.3.1926.
38
Inserted by the Punjab Tenancy (Amendment) Act, 1925 (XI of 1925), s.6; and published in the Punjab Gazette
(Extraordinary), dated 22.3.1926.
39
Inserted by the Punjab Tenancy (Amendment) Act, 1925 (XI of 1925), s.6; and published in the Punjab Gazette
(Extraordinary), dated 22.3.1926.
40
Substituted for the figure “56” by the Punjab Tenancy (Amendment) Ordinance, 2001 (LVI of 2001), w.e.f.14.8.2001, s.4; and
published in the Punjab Gazette (Extraordinary), dated 22.12.2001, pages 2313-2315.
41
Substituted for the figure “1887” by the Punjab Tenancy (Amendment) Ordinance, 2001 (LVI of 2001), w.e.f.14.8.2001, s.5;
and published in the Punjab Gazette (Extraordinary), dated 22.12.2001, pages 2313-2315.
 (3) The rent determined as aforesaid shall be the rent payable in respect
of the tenancy until there is again an alteration of the land-revenue thereof or of the
rates or cesses chargeable thereon, or until the rent is enhanced or reduced by a
suit under this Act.
(4) For the purposes of this section a muqarraridar shall be deemed to be
a tenant having a right of occupancy.
(5) An alteration of rent under this section shall not be deemed an
enhancement or reduction of rent within the meaning of this Act.].

Alteration of rent on alteration of area

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

(a) be liable to pay additional rent for all land proved to be in excess of the
area for which rent has been 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 respect 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 by alluvion or otherwise, and that an addition has not been
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 shall have regard to the following, among other matters, namely:–
(a) the origin and conditions of the tenant’s occupancy, for instance
whether the rent was a rent in gross or the entire tenancy;
(b) whether the tenant has been allowed to hold additional land in
consideration of an addition to his total rent or otherwise with the
knowledge and consent of the landlord; and
(c) the length of time during which there has been no dispute as to rent or
area.
(3) In adding to or abating rent under this section, the Court shall add to or
abate the rent to such an amount as it deems to be fair and equitable, and shall
specify in its decree the date on and from which the addition or abatement is to take
effect.
(4) An addition to or abatement of rent under this section shall not be
deemed an enhancement or reduction of rent within the meaning of this Act.

Remission

29. Remission of rent by Courts decreeing arrears.– Notwithstanding anything

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

30. Remission and suspension of rent consequent on like treatment of land–

42
revenue.– [(1) Whenever the payment of the whole or any part of the land-revenue
payable in respect of any land is remitted or suspended, a Revenue-Officer may, if
the rent be payable in cash or be rent payable in kind of which the amount is fixed,
by order, remit or suspend, as the case may be, the payment of the rent of that land
to an amount which may bear the same proportion to the whole of the rent payable in
respect of the land as the land-revenue of which payment has been remitted or
suspended bears to the whole land-revenue payable in respect of land:
Provided that in the case of an occupancy tenant, whose rent is of the nature
hereinbefore in this sub-section described, the remission or suspension of the land-
revenue payable in respect of the land shall, in the absence of a written order by a
Revenue-Officer to the contrary carry with it a proportionate remission or
suspension, as the case may be, of his rent.
When the payment of the rent of any kind has been suspended under this
clause it shall remain under suspension until the Collector orders the revenue of that
land to be realized.].
(2) An order passed under sub-section (1) shall not be liable to be
contested by suit in any Court.
(3) A suit shall not lie for the recovery of any rent of which the payment
has been remitted or during the period of suspension, of any rent of which the
payment has been suspended.
(4) Where the payment of rent has been suspended, the period during
which the suspension has continued shall be excluded in the computation of the
period of limitation prescribed for a suit for the recovery of the rent.
43
[(5) If the landlord collects from a tenant any rent of which the payment has
been remitted, or is under suspension, the Revenue-Officer may recover from the
landlord the amount or value of the rent so collected, and may also recover by way
of penalty a further sum not exceeding such amount or value, and may cause to be
refunded to the tenant the amount or value of the rent so collected from him.].
(6) The provisions of this section relating to the remission and suspension
of the payment of rent may be applied, so far as they can be made applicable, to
land 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 for, 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 for regulating the remission and suspension of land-revenue.

42
Substituted by the Punjab Tenancy Act, 1887, Amendment Act, 1906 (I of 1906).
43
Substituted ibid.
 44
[(7) Any sum of which the recovery is ordered under sub-section (5) on
account of rent or penalty may be recovered by the Collector as if it were an arrear of
land-revenue.].
Deposits

31. Power to deposit rent in certain cases with Revenue-Officer.– In either of

the following cases, namely:–
(a) when a landlord refuses to receive or grant a receipt for, any rent
payable in money when tendered to him by a tenant;
(b) when a tenant is in doubt as to the person entitled to receive rent
payable in money,

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

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

(2) The Revenue-Officer receiving the deposit shall give notice of the
receipt thereof to every person who, he has reason to believe, claims or is entitled to
the deposit, and may pay the amount thereof to any person appearing to him to be
entitled thereto, or may, if he thinks fit, retain the deposit pending the decision of a
competent Court as to the person so entitled.
45
(3) No suit or other proceeding shall be instituted against [Government, or
against any servant of the State], in respect of anything done by a Revenue-Officer
under this section, but nothing in this sub-section shall prevent any person entitled to
receive the amount of any such deposit from recovering it from a person to whom it
has paid by a Revenue-Officer.

Recovery of rent from attached produce

33. Recovery of rent from attached produce.– (1) If an order is made by any
Court for the attachment of the produce of a tenancy, or of any part of a tenancy, the
landlord may apply to the Revenue-Officer by whom the attachment is to be or has
been made to sell the produce and pay to him out of the proceeds of the sale thereof
the amount or value of–
(a) any rent which has fallen due to him in respect of the tenancy within
the year immediately preceding the application, and

44
Added ibid.
45
Substituted for the words “the Crown, or against any officer of the Crown” by the West Pakistan Laws (Adaption) Order, 1964,
(P.O. No. 1 of 1964), w.e.f. 8.6.1962, s.2 and Schedule; and published in the Gazette of West Pakistan (Extraordinary) dated
3.6.1964, pages 1805-1849.
 (b) the rent which will be falling due after the harvesting of the produce and
is chargeable against it.

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

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

Leases for period exceeding term of assessment of land-revenue

34. Treatment of leases for period exceeding or equal to term of assessment

of land-revenue.– (1) Where a lease has been granted, or an agreement has been
entered into, by a land-owner in respect of any land assessed to land-revenue fixing
for a period exceeding the term for which the land-revenue has been assessed, the
rent or other sum payable in respect of the land under the lease or agreement, and
that term has expired, the lease or agreement shall be voidable–
(a) at the option of the land-owner if the land-revenue of the land has been
enhanced and the person to whom the lease has been granted or with
whom the agreement has been entered into refuses to pay such rent or
other sum, as a Revenue Court, on the suit of the land-owner
46
determines to be fair and equitable [or a Revenue-Officer under the
provisions of section 27-A has determined to be proper]; and
where the relation of landlord and tenant exists between the grantor and
grantee of the lease or between the persons who entered into the agreement–
(b) at the option of the tenant if the land-revenue of the land has been
reduced and the landlord refuses to accept such rent as a Revenue
47
Court, on the suit of the tenant, determines to be fair and equitable [or
a Revenue-Officer under the provisions of section 27-A has
determined to be proper].
(2) Any agreement relative to the occupation, rent, profits or produce of
any land which has been entered into for the term of the currency of an assessment
shall, unless a contrary intention clearly appears in the agreement or the agreement
is terminated by consent of parties or course of law, continue in force until a revised
assessment takes effect.

CHAPTER IV
RELINQUISHMENT, ABANDONMENT AND EJECTMENT
Relinquishment

46
Inserted by the Punjab Tenancy (Amendment) Act, 1925 (XI of 1925), s.7; and published in the Punjab Gazette
(Extraordinary), dated 22.3.1926.
47
Inserted by the Punjab Tenancy (Amendment) Act, 1925 (XI of 1925), s.7; and published in the Punjab Gazette
(Extraordinary), dated 22.3.1926.
35. Relinquishment by tenant for a fixed term.– A tenant holding for a fixed
term under a contract or a decree or order of competent authority may relinquish his
tenancy without notice at the end of that term.

36. Relinquishment by any other tenant.– (1) Any other tenant may relinquish
his tenancy by giving verbally or in writing to his landlord, or to his landlord’s agent,
on or before the fifteenth day of January in any year, notice of his intention to
relinquish the tenancy at the end of the agricultural year then current.
(2) The tenant may, instead of or in addition to, giving the notice in the
manner mentioned in sub-section (1), apply to a Revenue-Officer on or before the
date aforesaid to cause the notice to be served on the landlord and the Revenue-
Officer on receiving the cost of service from the tenant, shall cause the notice to be
served as soon as may be.
(3) If the tenant does not give notice in the manner prescribed in this
section, he shall be liable to pay the rent of his tenancy for any part of the ensuing
agricultural year during which the tenancy is not let by the landlord to some other
person or is not cultivated by the landlord himself.

37. Relinquishment of part only of a tenancy.– A tenant cannot, without the

consent of his landlord, relinquish a part only of his tenancy.
Abandonment

38. Abandonment of tenancy by occupancy tenant.– (1) If a tenant having a

right of occupancy fails for more than one year without sufficient cause to cultivate
his tenancy, either by himself or some other person, and to arrange for payment of
the rent thereof as it falls due, the right of occupancy shall be extinguished from the
end of that year.
48
[(2) For the purposes of this section, a muqarraridar shall be deemed to be
a tenant having a right of occupancy.].

Liability to ejectment

39. Grounds of ejectment of occupancy tenant.– (1) A tenant having a right of

occupancy shall be liable to be ejected from his tenancy on any of the following
grounds, namely:–
(a) that he has used the land comprised in the tenancy in a manner which
renders it unfit for the purposes for which he held it;
(b) where rent is payable in kind, that he has without sufficient cause failed
to cultivate that land in the manner or to the extent customary in the
locality in which the land is situate;
(c) when a decree for an arrear of rent in respect of his tenancy has been
passed against him and remains unsatisfied.
49
[(2) For the purposes of this section a muqarraridar shall be deemed to be
tenant having a right of occupancy.].

48
Added by the Punjab Tenancy (Amendment) Act, 1925 (XI of 1925), s.8; and published in the Punjab Gazette (Extraordinary),
dated 22.3.1926.
40. Grounds of ejectment of tenant for a fixed term.– A tenant not having a
right of occupancy but holding for a fixed term under a contract or a decree or order
of competent authority, shall be liable to be ejected from his tenancy at the expiration
of that term, and, on any of the following grounds, before the expiration thereof,
namely:–
(a) that he has used the land comprised in the tenancy in a manner which
renders it unfit for the purposes for which he held it;
(b) where rent is payable in kind, that he has without sufficient cause failed
to cultivate that land in the manner or to the extent customary in the
locality in which the land is situate;
(c) on any ground which would justify ejectment under the contract, decree
or order.

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

Procedure on ejectment

42. Restriction on ejectment.– A tenant shall not be ejected otherwise than in

execution of a decree for ejectment, except in the following cases, namely:–
(a) when a decree for an arrear of rent in respect of his tenancy has been
passed against him and remains unsatisfied;
(b) when the tenant has not a right of occupancy and does not hold for a
fixed term under a contract or a decree or order of competent authority.

43. Application to Revenue-Officer for ejectment.– In any such case as is

mentioned in clause (a) or clause (b) of the last foregoing section, the landlord may
apply to a Revenue-Officer for the ejectment of the tenant in the case mentioned in
the former clause or for the service on the tenant of a notice of ejectment in the case
mentioned in the latter clause.

44. Ejectment for failure to satisfy decree for arrear of rent.– (1) On receiving
the application in any such case as is mentioned in clause (a) of section 42, the
Revenue-Officer shall, after such inquiry with respect to the existence of the arrear
as he deems necessary, cause a notice to be served on the tenant, stating the date
of the decree and the amount due thereunder, and informing him that if he does not
pay that amount to the Revenue-Officer within fifteen days from receipt of the notice
he will be ejected from the land.
(2) If the amount is not so paid, the Revenue-Officer shall, subject to the
provisions of this Act with respect to the payment of compensation, order the
ejectment of the tenant unless good cause is shown to the contrary.

45. Ejectment of tenant from year to year by notice.– (1) On receiving the
application of the landlord in any such case as is mentioned in clause (b) of section

49
Added by the Punjab Tenancy (Amendment) Act, 1925 (XI of 1925), s.9; and published in the Punjab Gazette (Extraordinary),
dated 22.3.1926.
42, the Revenue-Officer shall, if the application is in order and not open to objection
on the face of it, cause a notice of ejectment to be served on the tenant.
(2) A notice under sub-section (1) shall not be served after the fifteenth
50
day of November in any [agricultural] year.
(3) The notice shall specify the name of the landlord on whose application
it is issued, and describe the land to which it relates, and shall inform the tenant that
he must vacate the land before the first day of May next following, or that, if he
intends to contest his liability to ejectment, he must institute a suit for this purpose in
a Revenue Court within two months from the date of the service of the notice.
(4) The notice shall also inform the tenant that if he does not intend to
contest his liability to be ejected and he has any claim for compensation on
ejectment, he should within two months from the date of the service of the notice
prefer his claim to the Revenue-Officer having authority under the next following sub-
section to order his ejectment in the circumstances described in that sub-section.
(5) If within two months from the date of the service of the notice the
tenant does not institute a suit to contest his liability to be ejected, a Revenue-
Officer, on the application of the landlord, shall, subject to the provisions of this Act
with respect to the payment of compensation, order the ejectment of the tenant:
Provided that the Revenue-Officer shall not make the order until he is satisfied
that the notice was duly served on the tenant.
(6) If within those two months the tenant institutes a suit to contest his
liability to be ejected and fails in the suit, the Court by which the suit is determined
shall by its decree direct the ejectment of the tenant.
51
46. Power to make rules.– The [Board of Revenue] may make rules
prescribing–
(a) the form and language of applications and notices under the two last
foregoing sections; and
(b) the manner in which those applications and notices are to be signed
and attested.

General provisions respecting ejectment

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

48. Relief against forfeiture.– (1) If in a suit for the ejectment of a tenant on
either of the grounds mentioned in clauses (a) and (b) of section 39 or of section 40
it appears to the Court that injury caused by the act or omission on which the suit is
based is capable of being remedied, or that an award of compensation will be
sufficient satisfaction to the landlord therefor, the Court may, instead of making a
50
Inserted by the Amending Act, 1891 (XII of 1891),s.2 and second schedule; and published in the Gazette of India, dated
21.3.1891.
51
Substituted for “Financial Commissioner” by the West Pakistan (Adaptation and Repeal of Laws) Act, 1957 (XVI of 1957),
w.e.f. 14.10.1955, s.3 and schedule III; and published in the Gazette of West Pakistan (Extraordinary), pages 709-789.
decree for the ejectment of the tenant, order him to remedy the injury within a period
to be fixed in the order, or order him to pay into Court, within such a period, such
compensation as the Court thinks fit.
(2) The Court may from time to time, for special reasons, extend a period
fixed by it under sub-section (1).
(3) If within the period, or extended period, as the case may be, fixed by
the Court under this section, the injury is remedied or the compensation is paid, a
decree for the ejectment of the tenant shall not be made.

49. Rights of ejected tenants in respect of crops and land prepared for
sowing.– (1) Where at the time of the proposed ejectment of a tenant from any land,
his uncut or ungathered crops are standing on any part thereof, he shall not be
ejected from that part until the crops have ripened and he has been allowed a
reasonable time to harvest them.
(2) The Court or Revenue-Officer decreeing or ordering the ejectment of
the tenant may, on the application of the landlord, determine any dispute arising in
consequence of the provisions of sub-section (1) between the landlord and tenant or
between the landlord and any person entitled to harvest the crops of the tenant, and
may in its or his discretion–
(a) direct that the tenant pay for the longer occupation of the land secured
to him under sub-section (1) such rent as may be fair and equitable, or
(b) determine the value of the tenant’s uncut and ungathered crops, and,
on payment thereof by the landlord to the Court or Revenue-Officer,
forthwith eject the tenant.
(3) When a tenant for whose ejectment proceedings have been taken has,
conformably with local usage, prepared for sowing any land comprised in his
tenancy, but has not sown or planted crops on that land, he shall be entitled to
receive from the landlord before ejectment a fair equivalent in money for the labour
and capital expended by him in so preparing the land, and the Court or Revenue-
Officer before which or whom the proceedings are pending shall, on the application
of the tenant, determine the sum payable to the tenant under this sub-section and
stay his ejectment until that sum has been paid to him.

Relief for wrongful dispossession

50. Relief of wrongful dispossession or ejectment.– In either of the following

cases, namely:–
(a) if a tenant has been dispossessed without his consent of his tenancy or
any part thereof otherwise than in execution of a decree or than in
pursuance of an order under section 44 or section 45,
(b) if a tenant who, not having instituted a suit under section 45, has been
ejected from his tenancy or any part thereof in pursuance of an order
under that section denies his liability to be ejected,
the tenant may, within one year from the date of his dispossession or ejectment,
institute a suit for recovery of possession or occupancy, or for compensation, or for
both.
52
[50-A. Bar to civil suits.– No person whose ejectment has been ordered by a
Revenue Court under section 45, sub-section (6), or whose suit has been dismissed
under section 50, may institute a suit in a Civil Court to contest his liability to
ejectment, or to recover possession or occupancy rights, or to recover
compensation.].

51. Bar of relief by suit under section 9, Act I of 1877.– Possession of a

tenancy or of any land comprised in a tenancy shall not be recoverable under section
9 of the Specific Relief Act, 1877, by a tenant dispossessed thereof.

Power to vary dates prescribed by this Chapter

52. Power of Provincial Government to fix dates for certain purposes.– (1)
53
The [Provincial Government] may, for all or any of the territories under its
administration, by notification, fix for the purposes of sections 36, 46 and 47, or of
any of those sections, any other dates instead of those specified therein.
(2) A notification under this section shall not take effect till after the
expiration of six months from the date of the publication thereof.

CHAPTER V
ALIENATION OF, AND SUCCESSION TO, RIGHT OF OCCUPANCY
Alienation
54
[52-A. Provisions of Chapter V not to apply to muqarraridars.– The provisions
of this Chapter shall not apply to muqarraridars.].

53. Private transfer of right of occupancy under section 5 by tenant.– (1) A

tenant having right of occupancy under section 5 may transfer that right by sale, gift
or mortgage, subject to the conditions mentioned in the section.
(2) If he intends to transfer the right by sale, gift, mortgage by conditional
sale or usufructuary mortgage, he shall cause notice of his intention to be served on
his landlord through a Revenue-Officer, and shall defer proceeding with the transfer
for a period of one month from the date on which the notice is served.
(3) Within that period of one month the landlord may claim to purchase the
right at such value as a Revenue-Officer may, on application made to him in this
behalf, fix.
(4) When the application to the Revenue-Officer is to fix the value of a right
of occupancy which is already mortgaged, he shall fix the value of the right as if it
were not mortgaged.
(5) The landlord shall be deemed to have purchased the right if he pays
the value to the Revenue-Officer within such time as that officer appoints.

52
Inserted by the Punjab Tenancy (Amendment) Act, 1929 (V of 1929), s.2; and published in the Punjab Gazette
(Extraordinary), dated 6.9.1929.
53
Substituted for “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, w.e.f. 1.4.1937,
Article 4 and Table of General Adaptations as amended by the Government of India (Adaptation of Indian Laws) Supplementary
Order, 1937.
54
Inserted by the Punjab Tenancy (Amendment) Act, 1925 (XI of 1925), s.10; and published in the Punjab Gazette
(Extraordinary), dated 22.3.1926.
 (6) On the value being so paid, the right of occupancy shall be extinct, and
the Revenue-Officer shall, on the application of the landlord, put the landlord in
possession of the tenancy.
(7) If the right of occupancy was already mortgaged, the tenancy shall
pass to the landlord unencumbered by the mortgage, but the mortgage-debt shall be
a charge on the purchase money.
(8) If there is no such charge as aforesaid the Revenue-Officer shall,
subject to any directions which he may receive from any Court, pay the purchase-
money to the tenant.
(9) If there is such a charge, the Revenue-Officer shall, subject as
aforesaid, either apply in discharge of the mortgage-debt so much of the purchase-
money as is required for that purpose and pay the balance, if any, to the tenant, or
retain the purchase-money pending the decision of a Civil Court as to the person or
persons entitled thereto.
(10) Where there are several landlords of a tenancy, any one of them may
be deemed to be the landlord for the purposes of this section.
55
(11) No suit or other proceeding shall be instituted against [Government, or
against any servant of the State], in respect of anything done by a Revenue-Officer
under the two last foregoing sub-sections, but nothing in this sub-section shall
prevent any person entitled to receive the whole or any part of the purchase-money
from recovering it from a person to whom it has been paid by a Revenue-Officer.

54. Procedure on foreclosure of mortgage of right of occupancy under

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

55. Sale of right of occupancy under section 5 in execution of decree.– (1) A

right of occupancy under section 5 may be sold in execution of a decree or order of a
Court.
(2) But notice of an intended sale of any such right shall be given by the
Court to the landlord, and, if at any time before the close of the day on which the sale
takes place the landlord pays to the Court or to the officer conducting the 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.

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

57. Rights and liabilities of transferee of right of occupancy.– When a right of

occupancy has been transferred by sale, gift or usufructuary mortgage to a person
other than the landlord, that person shall, in respect of the land in which the right
55
Substituted for the words “the Crown, or against any officer of the Crown” by the West Pakistan Laws (Adaption) Order, 1964,
(P.O. No. 1 of 1964), w.e.f. 8.6.1962, s.2 and Schedule; and published in the Gazette of West Pakistan (Extraordinary) dated
3.6.1964, pages 1805-1849.
subsists, have the same rights, and be subject to the same liabilities as the tenant to
whom before the transfer of the right had belonged, and was subject to.

58. Sub-letting.– (1) A tenant having a right of occupancy in land may, subject to
the provisions of this Act and to the conditions of any written contract between him
and his landlord, sublet the land or any part thereof for any term not exceeding
seven years.
(2) A person to whom land is sublet by a tenant having a right of
occupancy therein shall, in respect of that land, and so far as regards the landlord,
be, jointly with the tenant, subject to all the liabilities of the tenant under this Act.
56
[58-A. Transfer of right of occupancy under any section of the Act by
exchange.– (1) Any tenant with a right of occupancy may, with the consent of his
landlord, transfer his land to all the members of a Co-operative Society for the
Consolidation of Holdings of which both he and his landlord are 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 exchange in pursuance of the provisions of sub-section
(1) shall be deemed to be subject to the same right of occupancy as the land given
for it in exchange.].
Succession
57
[59. Succession to right of occupancy.– (1) 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 (Shariat):
Provided that when the occupancy rights are held by a female as a limited
owner under Customary Law, succession shall open out on the termination of her
limited interest to all persons who would have been entitled to inherit the property at
the time of the death of the last full owner had the Muslim Personal Law (Shariat)
been applicable at the time of such death, and in the event of the death of any of
such persons before the termination of the limited interest mentioned above,
succession shall devolve on his heirs and successors existing at the time of the
termination of the limited interest of the female as if the aforesaid such person had
died at the termination of the limited interest of the female and had been governed
by the Muslim Personal Law (Shariat):
Provided further that the share which the female limited owner would have
inherited had the Muslim Personal Law (Shariat) been applicable at the time of the
death of the last full owner shall devolve on her if she loses her limited interest in the
property on account of her marriage or remarriage and on her heirs under the
Muslim Personal Law (Shariat) if her limited interest terminates because of her
death.
(2) When a non-Muslim tenant having a right of occupancy dies, the right
shall devolve–

56
Inserted by the Punjab Tenancy (Amendment) Act, 1927 (II of 1927), w.e.f. 1.4.1920, s.2; and published in the Punjab
Gazette, dated 201.1928.
57
Substituted by the Punjab Tenancy (Amendment) Act, 1951 (IV of 1951), s.2; and published in the Punjab Gazette
(Extraordinary), dated 23.1.1951, pages 15-16.
 (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 or
remarries or abandons the land or is under the provisions of this Act
ejected therefrom; and
(c) failing such descendants and widow or on his widowed mother, if any,
until she dies or remarries or abandons the land or is under the
provisions of this Act ejected therefrom; and
(d) failing such descendants and widow, or widowed mother or if the
deceased tenant left a widow or widowed mother, then when her
interest terminates under clause (b) or (c) of this sub-section, on his
male collateral relatives in the male line of descent from the common
ancestor of the deceased tenant and those relatives:
Provided with respect to clause (b) (d) of this sub-section, that the common
ancestor occupied the land.
Explanation.– For the purpose of clause (d), land obtained in exchange by the
deceased tenant or any of his predecessors-in-interest in pursuance of the
provisions of sub-section (1) of section 58-A shall be deemed to have been occupied
by the common ancestor if the land given for it in exchange was occupied by him.
(3) As among descendants and collateral relatives claiming under sub-
section (2) the right shall, subject to the provisions of that sub-section, devolve as if it
were land left by the deceased in the village in which the land subject to the right is
situate.
(4) When the widow of a deceased tenant succeeds to a right of
occupancy under sub-section (2), she shall not transfer the right by sale, gift or
mortgage or by sub-lease for a term exceeding one year.
(5) If a deceased tenant has left no person on whom his right of occupancy
may devolve under sub-section (1) or sub-section (2), as the case may be, the right
shall be extinguished.].
Irregular transfers

60. Irregular transfer of right of occupancy.– Any transfer made of a right of

occupancy in contravention of the foregoing provisions of this Chapter shall be
voidable at the instance of the landlord.
58
[CHAPTER V-A]
59
[Succession to non-occupancy tenancies]
60
[60-A. Succession to non-occupancy tenancies.– (1) Where a tenant, not being
a tenant of land reserved by the landlord for personal cultivation under any law for
58
Inserted by the Punjab Tenancy (Amendment) Act, 1952 (VII of 1952), w.e.f.4.2.1952, s.3; and published in the Punjab
Gazette (Extraordinary), pages 85-92.
59
Inserted by the Punjab Laws (Adaption, Revision and Repeal) Act, 1954 (XV of 1955), w.e.f.21.1.1955, s.2 and first schedule;
and published in the Punjab Gazette (Extraordinary), pages 87-108.
60
Inserted by the Punjab Tenancy (Amendment) Act, 1952 (VII of 1952), w.e.f.4.2.1952, s.3; and published in the Punjab
Gazette (Extraordinary), pages 85-92. By order of the Shariat Appellate Bench of the Supreme Court of Pakistan reported in
PLD 1990 SC 99, the provisions of whole of section 60-A of the Punjab Tenancy Act, 1887 in so far as it makes non-occupancy
tenancy heritable in respective of the terms of the contract, were held repugnant to the Injunctions of Islam and they ceased to
have effect on 23rd March, 1990.
the time being in force, not having a right of occupancy and not holding land for any
fixed term under a contract or a decree or order of a competent authority dies, the
tenancy shall, notwithstanding anything to the contrary in any law for the time being
in force, devolve on his preferred heir, if any, and failing such preferred heir on his
eldest male child.

Explanation.– A preferred heir means any male child named in writing by the
deceased tenant as such.
(2) If the deceased tenant has left no such persons as are mentioned in
sub-section (1) on whom the right of tenancy may devolve under that sub-section,
the right shall be extinguished.].

CHAPTER VI
IMPROVEMENTS AND COMPENSATION
Improvements by landlords

61. Improvements by landlords on tenancies of occupancy tenants.– (1)

Without the previous permission of the Collector, a landlord shall not make an
improvement on the tenancy of a tenant having a right of occupancy.
(2) If a landlord desires to make such an improvement, he may apply to
the Collector for permission to make it, and the Collector shall, before making an
order on the application, hear the objection, if any, of the tenant.
(3) In making an order on an application under sub-section (2) the
61
Collector shall be guided by such rules, if any, as the [Provincial Government] may
62
[* * *] make in this behalf.

62. Enhancement of rent in consideration of an improvement made by a

landlord on the tenancy of an occupancy tenant.– (1) When a landlord has, with
the permission mentioned in the last foregoing section, made an improvement on the
tenancy of a tenant having a right of occupancy, he may apply to the Collector for an
enhancement of the rent of the tenant.
(2) If the tenant is a tenant to whom section 20 applies, the Collector shall
enhance his rent to the share or rates, or with reference to the rent in gross, as the
case may be, paid by tenants, having a similar right of occupancy, for land of a
similar description and with similar advantages.
(3) If the tenant is a tenant to whom section 22 applies, the Collector shall
enhance his rent to such amount as the tenant would be liable to pay under that
section if the land-revenue were reassessed.
(4) When the improvement ceases to exist, the Collector may, on the
application of the tenant, reduce the tenant’s rent–
(a) in the case of a tenant to whom sub-section (2) applies, to the share or
rates, or with reference to the rent in gross, as the case may be, paid

61
Substituted for “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, w.e.f. 1.4.1937,
Article 4 and Table of General Adaptations as amended by the Government of India (Adaptation of Indian Laws) Supplementary
Order, 1937..
62
Omitted the words “with the previous sanction of the Governor General in Council” by the Decentralization Act, 1914 (IV of
1914), s.2 and the Schedule; and published in the Gazette of India, dated 24.2.1914.
 by tenants, having a similar right of occupancy for land of a similar
description and with similar advantages; and
(b) in the case of a tenant to whom sub-section (3) applies, to such an
amount as the tenant would be liable to pay if the land-revenue were
re-assessed.
(5) Sections 25 and 26 shall be construed as applying to an application,
under this section, and a suit shall not lie in any Court for any purpose for which an
application might be made under this section.

Improvements by tenants

63. Title of occupancy tenant to make improvements.– A tenant having a right

of occupancy is entitled to make improvements on his tenancy.

64. Title of tenants not having right of occupancy to make improvements.–

(1) A tenant not having a right of occupancy may make improvements on his tenancy
with the assent of his landlord.
(2) If at any time the question arises whether or not the landlord assented
to the making of an improvement by a tenant not having a right of occupancy, the
assent may be inferred from circumstances.

65. Improvements made before commencement of this Act.– Improvements

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

66. Improvements begun in anticipation of ejectment.– A tenant ejected in

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

67. Tender of lease for twenty years to tenant to be a bar to right to

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

68. Liability to pay compensation for improvements to tenants on ejectment

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

Compensation for disturbance of clearing tenants

69. Compensation for disturbance of clearing tenants.– (1) A tenant who has
cleared and brought under cultivation waste land in which he has not a right of
occupancy shall, if ejected from that land, be entitled to receive from the landlord as
compensation for disturbance, in addition to any compensation for improvements, a
sum to be determined by Revenue Court or Revenue-Officer in accordance with the
merits of the case, but not exceeding five years’ rent of the land:
Provided that a tenant who is a joint owner of land to which this section
applies shall not be entitled to compensation for disturbance on ejectment from the
land or any part thereof.
(2) If rent has been paid for the land by division or appraisement of the
produce or by rates fixed with reference to the nature of the crops grown, or if no
rent, or no rent other than the land-revenue of the land and the rates and cesses
chargeable thereon, has been paid therefor, the compensation may be computed as
if double the amount of the land-revenue of the land were the annual rent thereof:
63
[Provided that in any estate of which the assessment has been confirmed on
or after the twenty-second day of February, 1929, the compensation may be
computed as if four times the amount of the land-revenue of the land were the
annual rent thereof.].

Procedure in determining compensation

70. Determination of compensation by Revenue Courts.– (1) In every suit by a

tenant to contest his liability to ejectment or by a landlord to eject tenant or to
enhance his rent, the Court shall direct the tenant to file a statement of his claim, if
any, to compensation for improvement 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.

71. Determination of compensation by Revenue-Officers.– In either of the

following cases, namely:–
(a) when a notice has been served on a tenant under section 44,
(b) when a notice of ejectment has been served on a tenant under section
45 and the tenant has not instituted a suit to contest his liability to be
ejected,
the tenant may apply to the Revenue-Officer having authority to order his ejectment
under section 44 or section 45, as the case may be, to determine the amount of
compensation due to him for improvements or for disturbance, 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 proved to the satisfaction of the
Revenue-Officer to be due to the landlord from the tenant.

72. Matters to be regarded in assessment of compensation for

improvements.– In estimating the compensation to be awarded under this Chapter
to a tenant for an improvement, the Court or Revenue-Officer shall have regard to–
63
Inserted by the Punjab Tenancy (Amendment) Act, 1933 (IV of 1933), s.2; and published in the Punjab Gazette
(Extraordinary), dated 5.10.1933, pages.
 (a) the amount by which the value or the produce of the tenancy, or the
value of that produce is increased by the improvement;
(b) the condition of the improvement and the probable duration of its effect;
(c) the labour and capital required for the making of such an improvement;
(d) any reduction or remission of rent or other advantage allowed to the
tenant by the landlord in consideration of the improvement; and
(e) in the case of reclamation, or of the conversion of unirrigated into
irrigated land, the length of time during which the tenant has had the
benefit of the improvement.

73. Form of compensation.– (1) The compensation shall be made by payment

in money, unless the parties agree that it be made in whole or in part by the grant of
a beneficial lease of land or in some other way.
(2) If the parties so agree, the Court or Revenue-Officer shall make an
order accordingly.

Relief in case of ejectment before determination of compensation

74. Relief in case of ejectment before determination of compensation.– (1) If

from any cause the amount of compensation payable to a tenant–
(a) under this Chapter for improvements or disturbance, or
(b) under section 49 for the value of uncut or ungathered crops or the
preparation of land for sowing,
has not been determined before the tenant is ejected, the ejectment shall not be
invalidated by reason of the omission, but the Court or Revenue-Officer which
decreed or who ordered the ejectment may, on application made by the tenant within
one year from the date of ejectment, correct the omission by making in favour of the
tenant an order for the payment to him by the landlord of such compensation as the
Court or Officer may determine the tenant to be entitled to.
(2) An order made under sub-section (1) may be executed in the same
manner as a decree for money may be executed by a Revenue Court.

CHAPTER VII
JURISDICTION AND PROCEDURE
Jurisdiction

75. Revenue-Officers.– (1) There shall be the same classes of Revenue-Officers

64
under this Act as under the Punjab Land Revenue Act, [1967], and, in the absence
65
of any order of the [Provincial Government] to the contrary, a Revenue-Officer of
any class having jurisdiction within any local limits under that Act shall be a
Revenue-Officer of the same class having jurisdiction within the same local limits
under this Act.

64
Substituted for the figure “1887” by the Punjab Tenancy (Amendment) Ordinance, 2001 (LVI of 2001), w.e.f.14.8.2001, s.5;
and published in the Punjab Gazette (Extraordinary), dated 22.12.2001, pages 2313-2315.
65
Substituted for “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, w.e.f. 1.4.1937,
Article 4 and Table of General Adaptations as amended by the Government of India (Adaptation of Indian Laws) Supplementary
Order, 1937.
 The expressions “Collector” and [Board of Revenue] have the same
66
(2)
67
meaning in this Act as in the Punjab Land Revenue Act, [1967].

76. Applications and proceedings cognizable by Revenue-Officers.– (1) The

following applications and proceedings shall be disposed of by Revenue-Officers as
such, and no Court shall take cognizance of any dispute or matter with respect to
which any such application or proceeding might be made or had:–

FIRST GROUP
(a) proceedings under section 27 for the adjustment of rents expressed in
terms of the land-revenue;
68
[(aa) proceedings under section 27-A for the adjustment of rents of
69
occupancy tenants in the Attock District [;]]
(b) proceedings relating to the remission and suspension of rent under
section 30;
(c) applications under section 43 for the ejectment of a tenant against
whom a decree for an arrear of rent in respect of his tenancy has been
passed and remains unsatisfied;
(d) applications under section 45, sub-section(5), for the ejectment of a
tenant on whom a notice of ejectment has been served and who has
not instituted a suit to contest his liability to be ejected but has claimed
compensation under section 71;
(e) applications under section 53 or section 54 for the fixing of the value of
a right of occupancy;
(f) applications under section 53 or section 54 by landlords for possession
of land, the right of occupancy in which has become extinct;
(g) proceedings under Chapter VI with respect to the award of
compensation for improvements or disturbance;

SECOND GROUP
(h) applications under section 17 with respect to the division or
appraisement of produce;
(i) application under section 45, sub-section (5), for the ejectment of a
tenant on whom a notice of ejectment has been served and who has
not instituted a suit to contest his liability to be ejected and has not
claimed compensation under section 71;
(j) applications for the determination–

66
Substituted for “Financial Commissioner” by the West Pakistan (Adaptation and Repeal of Laws) Act, 1957 (XVI of 1957),
w.e.f. 14.10.1955, s.3 and schedule III; and published in the Gazette of West Pakistan (Extraordinary), pages 709- 789.
67
Substituted for the figure “1887” by the Punjab Tenancy (Amendment) Ordinance, 2001 (LVI of 2001), w.e.f.14.8.2001, s.5;
and published in the Punjab Gazette (Extraordinary), dated 22.12.2001, pages 2313-2315.
68
Inserted by the Punjab Tenancy (Amendment) Act, 1925 (XI of 1925), s.11; and published in the Punjab Gazette
(Extraordinary), dated 22.3.1926.
69
Misprinted in the Gazette as “full-stop”.
 (i) under section 49 of the rent payable for land occupied by crops uncut
or ungathered at the time of an order made for the ejectment of a
tenant, or
(ii) under section 49 or section 74 of the value of such crops or of the sum
payable to the tenant for labour and capital expended by him in
preparing land for sowing;

THIRD GROUP
(k) applications under section 31 by tenants to deposit rent;
(l) applications under section 36 for service of notice of relinquishment;
(m) applications under section 43 for service of notice of ejectment;
(n) applications under section 53 or section 54 for service of notice of
intended transfer or of intended foreclosure or other enforcement of
lien.
70
(2) Except as otherwise provided by any rule made by the [Board of
Revenue] in this behalf–
(a) a Collector or an Assistant Collector of the first grade may dispose of
any of the applications and proceedings mentioned in sub-section(1);
(b) an Assistant Collector of the second grade, not being Naib-Tehsildar,
may dispose of any of the applications mentioned in the second and
third groups of that sub-section; and
(c) a Naib Tehsildar, when invested with the powers of an Assistant
Collector of the second grade, may dispose of any of the applications
mentioned in the third group of that sub-section.

77. Revenue Courts and suits cognizable by them.– (1) When a Revenue-
Officer is exercising jurisdiction with respect to any such suit as is described in sub-
section (3), or with respect to an appeal or other proceeding arising out of any such
suit, he shall be called a Revenue Court.
(2) There shall be the same classes of Revenue Courts as of Revenue-
71
Officers under this Act, and, in the absence of any order of the [Provincial
Government] to the contrary, a Revenue-Officer of any class having jurisdiction
within any local limits under this Act shall be a Revenue Court of the same class
having jurisdiction within the same local limits.
(3) The following suits shall be instituted in, and heard 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:–
72
[Provided that–

70
Substituted for “Financial Commissioner” by the West Pakistan (Adaptation and Repeal of Laws) Act, 1957 (XVI of 1957),
w.e.f. 14.10.1955, s.3 and schedule III; and published in the Gazette of West Pakistan (Extraordinary), pages 709- 789.
71
Substituted for “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, w.e.f. 1.4.1937,
Article 4 and Table of General Adaptations as amended by the Government of India (Adaptation of Indian Laws) Supplementary
Order, 1937.
72
Added by the Punjab Tenancy (Amendment) Act, 1912 (III of 1912), w.e.f. 24.5.1912, s.2; and published in the Punjab
Gazette (Extraordinary), pages.
 (1) Procedure where revenue matter is raised in a Civil Court.– where in a
suit cognizable by and instituted in a Civil Court it becomes necessary
to decide any matter which can under this sub-section be heard and
determined only by a Revenue Court, the Civil Court shall endorse
upon the plaint the nature of the matter for decision and the particulars
required by Order VII, rule 10, Civil Procedure Code (Indian Act V of
1908), and return the plaint for presentation to the Collector;
(2) on the plaint being presented to the Collector, the Collector shall
proceed to hear and determine the suit where the value thereof
73
exceeds [rupees ten thousand] or the matter involved is of the nature
mentioned in section 77(3), First Group, of the Punjab Tenancy Act,
1887 (Indian Act XVI of 1887), and in other case may send the suit to
an Assistant Collector of the first grade for decision.]

FIRST GROUP
(a) suits between landlord and tenant for enhancement or reduction of rent
under section 24;
(b) suits between landlord and tenant for addition to or abatement of rent
under section 28 or for commutation of rent;
(c) suits under section 34 for the determination of rent or other sum on the
74
expiration of the term of an assessment of land-revenue [and suits
relating to the rent to be paid under a mortgage made in accordance
with form (c) as prescribed by section 6 of the Punjab Alienation of
Land Act, 1900];

SECOND GROUP
(d) suits by a tenant to establish a claim to a right of occupancy, or by a
landlord to prove that a tenant has not such a right;
(e) suits by a landlord to eject a tenant;
(f) suits by a tenant under section 45 to contest liability to ejectment, when
notice of ejectment has been served;
(g) suits by a tenant under section 50 for recovery of possession or
occupancy, or for compensation, or for both;
(h) suits by a landlord to set aside a transfer made of a right of occupancy,
or to dispossess a person to whom such a transfer has been made, or
for both purposes;
(i) any other suit between landlord and tenant arising out of the lease or
conditions on which a tenancy is held;
(j) suits for sums payable on account of village cesses or village
expenses;

73
Substituted, for “Rs. 1000”, by the Punjab Tenancy (Amendment) Ordinance, 1980 (IX of 1980), w.e.f. 4.9.1980, s.2; and
published in the Punjab Gazette (Extraordinary) pages 906-D-906-E .
74
Added by the Punjab Alienation of Land Act, 1900 (XIII of 1900).
 (k) suits by a co-sharer in an estate or holding for a share of the profits
thereof or for a settlement of accounts;
(l) suits for the recovery of over payments of rent or land-revenue or of
any other demand for which a suit lies in a Revenue Court under this
sub-section;
75
(m) suits relating to the emoluments of kanungos [* * *] or village officers;

THIRD GROUP
(n) suits by a landlord for arrears of rent or the money equivalent of rent, or
for sums recoverable under section 14;
(o) suits by a landowner to recover moneys claimed as due for the
enjoyment of rights in or over land or in water, including rights of
irrigation, rights over fisheries, rights of pasturage and forest rights;
(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 for the time being in force, and by a superior land-owner for
other sums due to him as such.
76
(4) Except as otherwise provided by any rule made by the [Board of
Revenue] 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
77
[Provincial Government], any of the suits mentioned in the first group;
and
(c) an Assistant Collector of the second grade may hear and determine
any of the suits mentioned in the third group.
78
[(5) The limitation for suits mentioned in sub-section (3) (Third Group),
clause (n), shall be one year from the day the rent or money equivalent to rent or
sums recoverable become due.]

Administrative control

78. Superintendence and control of Revenue-Officers and Revenue Courts.–

79
(1) The general superintendence and control over all [* * *] Revenue-Officers and
75
Omitted the words and comma “, zaildars, inamdars” by the Punjab Tenancy (Amendment) Ordinance, 2001 (LVI of 2001),
w.e.f.14.8.2001, s.6; and published in the Punjab Gazette (Extraordinary), dated 22.12.2001, pages 2313-2315.
76
Substituted for “Financial Commissioner” by the West Pakistan (Adaptation and Repeal of Laws) Act, 1957 (XVI of 1957),
w.e.f. 14.10.1955, s.3 and schedule III; and published in the Gazette of West Pakistan (Extraordinary), pages 709- 789.
77
Substituted for “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, w.e.f. 1.4.1937,
Article 4 and Table of General Adaptations as amended by the Government of India (Adaptation of Indian Laws) Supplementary
Order, 1937.
78
Added by the Punjab Tenancy (Amendment) Act, 1977 (IV of 1977), w.e.f.5.1.1977, s. 2; and published in the Punjab Gazette
(Extraordinary),dated 14.6.1977, pages 815-816.
79
Omitted the word “other” by the West Pakistan (Adaptation and Repeal of Laws) Act, 1957 (XVI of 1957), w.e.f. 14.10.1955,
s.3 and schedule III; and published in the Gazette of West Pakistan (Extraordinary), pages 709-789.
Revenue Courts shall be vested in, and all such officers and Courts shall be
80
subordinate to the [Board of Revenue].
81
(2) Subject to the general superintendence and control of the [Board of
82
Revenue], [a Commissioner] shall control all other Revenue-Officers and Revenue
Courts in his division.
83
(3) Subject as aforesaid and to the control of [the Commissioner], a
Collector shall control all other Revenue-Officer and Revenue Courts in his district.

79. Power to distribute business and withdraw and transfer cases.– (1) The
84 85
[Board of Revenue] or [a Commissioner] or Collector may by written order
86
distribute, in such manner as [it or he thinks fit], any business cognizable by any
Revenue-Officer or Revenue Court under his control.
87 88
(2) The [Board of Revenue] or [a Commissioner] or Collector may
withdraw any case pending before any Revenue-Officer or Revenue Court under
89 90
[its or his] control, and either dispose of it [itself or himself] or by written order refer
91
it for disposal to any other Revenue-Officer or Revenue Court under [its or his]
control.
(3) An order under sub-section (1) or sub-section (2) shall not empower
any Revenue-Officer or Revenue Court to exercise any powers or deal with any
business which he or it would not be competent to exercise or deal with within the
local limits of his or its own jurisdiction.

80
Substituted for “Financial Commissioner” by the West Pakistan (Adaptation and Repeal of Laws) Act, 1957 (XVI of 1957),
w.e.f. 14.10.1955, s.3 and schedule III; and published in the Gazette of West Pakistan (Extraordinary), pages 709- 789.
81
Substituted for “Financial Commissioner” by the West Pakistan (Adaptation and Repeal of Laws) Act, 1957 (XVI of 1957),
w.e.f. 14.10.1955, s.3 and schedule III; and published in the Gazette of West Pakistan (Extraordinary), pages 709- 789.
82
Substituted for “an Executive District Officer (Rvenue)” by the Punjab Laws (Amendment) Act 2011 (VI of 2011) by the
Punjab Laws (Amendment) Act 2011 (VI of 2011),w.e.f. 20.4.2011(notification published in the Punjab Gazette
(Extraordinary),dated 16.4.2011, page 4081),s.3 ; and published in the Punjab Gazette (Extraordinary),dated 14.4.2011,pages
4043-4047.
83
Substituted for “the Executive District Officer (Revenue)” by the Punjab Laws (Amendment) Act 2011 (VI of 2011) by the
Punjab Laws (Amendment) Act 2011 (VI of 2011),w.e.f. 20.4.2011(notification published in the Punjab Gazette
(Extraordinary),dated 16.4.2011, page 4081),s.3 ; and published in the Punjab Gazette (Extraordinary),dated 14.4.2011,pages
4043-4047.
84
Substituted for “Financial Commissioner” by the West Pakistan (Adaptation and Repeal of Laws) Act, 1957 (XVI of 1957),
w.e.f. 14.10.1955, s.3 and schedule III; and published in the Gazette of West Pakistan (Extraordinary), pages 709- 789.
85
Substituted for “an Executive District Officer (Revenue)” by the Punjab Laws (Amendment) Act 2011 (VI of 2011) by the
Punjab Laws (Amendment) Act 2011 (VI of 2011),w.e.f. 20.4.2011(notification published in the Punjab Gazette
(Extraordinary),dated 16.4.2011, page 4081),s.3 ; and published in the Punjab Gazette (Extraordinary),dated 14.4.2011,pages
4043-4047.
86
Substituted by the West Pakistan (Adaptation and Repeal of Laws) Act, 1957 (XVI of 1957).
87
Substituted for “Financial Commissioner” by the West Pakistan (Adaptation and Repeal of Laws) Act, 1957 (XVI of 1957),
w.e.f. 14.10.1955, s.3 and schedule III; and published in the Gazette of West Pakistan (Extraordinary), pages 709- 789.
88
Substituted for “an Executive District Officer (Revenue)” by the Punjab Laws (Amendment) Act 2011 (VI of 2011) by the
Punjab Laws (Amendment) Act 2011 (VI of 2011),w.e.f. 20.4.2011(notification published in the Punjab Gazette
(Extraordinary),dated 16.4.2011, page 4081),s.3 ; and published in the Punjab Gazette (Extraordinary),dated 14.4.2011,pages
4043-4047.
89
Substituted by the West Pakistan (Adaptation and Repeal of Laws) Act, 1957 (XVI of 1957), w.e.f. 14.10.1955, s.4 & s.5; and
published in the Gazette of West Pakistan (Extraordinary), pages 709- 789.
90
Substituted by the West Pakistan (Adaptation and Repeal of Laws) Act, 1957 (XVI of 1957), w.e.f. 14.10.1955, s.4 & s.5; and
published in the Gazette of West Pakistan (Extraordinary), pages 709- 789.
91
Substituted by the West Pakistan (Adaptation and Repeal of Laws) Act, 1957 (XVI of 1957), w.e.f. 14.10.1955, s.4 & s.5; and
published in the Gazette of West Pakistan (Extraordinary), pages 709- 789.
 Appeal, Review And Revision
92
80. Appeals.– [(1)] Subject to the provisions of this Act and the rules thereunder,
an appeal shall lie from an original or appellate order or decree made under this Act
by a Revenue-Officer or Revenue Court, as follows, namely:–
(a) to the Collector when the order or decree is made by an Assistant
Collector of either grade;
93
(b) to [the Commissioner] when the order or decree is made by a
Collector;
94
(c) to the [Board of Revenue only on a point of law] when the order or
95
decree is made by [a Commissioner]:
Provided that–
(i) an appeal from an order or decree made by an Assistant Collector of
the first grade specially empowered by name in that behalf by the
96
[Provincial Government] in a suit mentioned in the first group of sub-
97
section (3) of section 77, shall lie to [the Commissioner] and not to
the Collector;
(ii) when an original order or decree is confirmed on first appeal, a further
appeal shall not lie;
(iii) when any such order or decree is modified or reversed on appeal by
98
the Collector, the order or decree made by the [the Commissioner] on
further appeal, if any, to him shall be final.
99
[(2) An order shall not be confirmed, modified or reversed in appeal unless
reasonable notice has been given to the parties affected thereby to appear and be
heard in support of or against the order appealed from.]

92
Re-numbered by the West Pakistan Laws (Amendment) Ordinance, 1965 (XXXIV of 1965), w.e.f.2.11.1965, s.3 and second
schedule; and published in the Gazette of West Pakistan (Extraordinary),pages 5607-5614.
93
Substituted for “the Executive District Officer (Revenue)” by the Punjab Laws (Amendment) Act 2011 (VI of 2011) by the
Punjab Laws (Amendment) Act 2011 (VI of 2011),w.e.f. 20.4.2011(notification published in the Punjab Gazette
(Extraordinary),dated 16.4.2011, page 4081),s.3 ; and published in the Punjab Gazette (Extraordinary),dated 14.4.2011,pages
4043-4047.
94
Substituted for “Financial Commissioner” by the West Pakistan (Adaptation and Repeal of Laws) Act, 1957 (XVI of 1957),
w.e.f. 14.10.1955, s.3 and schedule III; and published in the Gazette of West Pakistan (Extraordinary), pages 709- 789.
95
Substituted for “an Executive District Officer (Revenue)” by the Punjab Laws (Amendment) Act 2011 (VI of 2011) by the
Punjab Laws (Amendment) Act 2011 (VI of 2011),w.e.f. 20.4.2011(notification published in the Punjab Gazette
(Extraordinary),dated 16.4.2011, page 4081),s.3 ; and published in the Punjab Gazette (Extraordinary),dated 14.4.2011,pages
4043-4047.
96
Substituted for “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, w.e.f. 1.4.1937,
Article 4 and Table of General Adaptations as amended by the Government of India (Adaptation of Indian Laws) Supplementary
Order, 1937.
97
Substituted for “the Executive District Officer (Revenue)” by the Punjab Laws (Amendment) Act 2011 (VI of 2011) by the
Punjab Laws (Amendment) Act 2011 (VI of 2011),w.e.f. 20.4.2011(notification published in the Punjab Gazette
(Extraordinary),dated 16.4.2011, page 4081),s.3 ; and published in the Punjab Gazette (Extraordinary),dated 14.4.2011,pages
4043-4047.
98
Substituted for “the Executive District Officer (Revenue)” by the Punjab Laws (Amendment) Act 2011 (VI of 2011) by the
Punjab Laws (Amendment) Act 2011 (VI of 2011),w.e.f. 20.4.2011(notification published in the Punjab Gazette
(Extraordinary),dated 16.4.2011, page 4081),s.3 ; and published in the Punjab Gazette (Extraordinary),dated 14.4.2011,pages
4043-4047.
99
Added by the West Pakistan Laws (Amendment) Ordinance, 1965 (XXXIV of 1965), w.e.f.2.11.1965, s.3 and second
schedule; and published in the Gazette of West Pakistan (Extraordinary),pages 5607-5614.
81. Limitation for appeals.– The period of limitation for an appeal under the last
foregoing section shall run from the date of the order or decree appealed against,
and shall be as follows, that is to say–
(a) when the appeal lies to the Collector – thirty days;
when the appeal lies to the [Commissioner] – sixty days;
100
(b)
when the appeal lies to the [Board of Revenue] – ninety days.
101
(c)

82. Review by Revenue-Officers.– (1) A Revenue-Officer, as such, may either

of his own motion or on the application of any party interested, review, and on so
reviewing modify, reverse or confirm any order passed by himself or by any of his
predecessors-in-office:
Provided as follows:–
102
[(a) an order passed by his predecessor-in-office shall not be reviewed by
the–
103
(i) [Commissioner] without first obtaining the sanction of the
Board of Revenue,
(ii) Collector without first obtaining the sanction of the
104
[Commissioner],
and no order shall be reviewed by any other Revenue-Officer without first
obtaining the sanction of the Revenue-Officer to whose control he is immediately
105
subject [;]]
(b) an application for review of an order shall not be entertained unless it is
made within ninety days from the passing of the order, or unless the
applicant satisfies the Revenue-Officer that he had sufficient cause for
not making the application within that period;
(c) an order shall not be modified or reversed unless reasonable notice
has been given to the parties affected 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 successor-in-office of any Revenue-Officer of a lower class who has left the

100
Substituted for “Executive District Officer (Revenue)” by the Punjab Laws (Amendment) Act 2011 (VI of 2011) by the Punjab
Laws (Amendment) Act 2011 (VI of 2011),w.e.f. 20.4.2011(notification published in the Punjab Gazette (Extraordinary),dated
16.4.2011, page 4081),s.3 ; and published in the Punjab Gazette (Extraordinary),dated 14.4.2011,pages 4043-4047.
101
Substituted for “Financial Commissioner” by the West Pakistan (Adaptation and Repeal of Laws) Act, 1957 (XVI of 1957),
w.e.f. 14.10.1955, s.3 and schedule III; and published in the Gazette of West Pakistan (Extraordinary), pages 709- 789.
102
Substituted by the West Pakistan (Adaptation and Repeal of Laws) Act, 1957 (XVI of 1957), w.e.f. 14.10.1955, s.3 and
schedule III; and published in the Gazette of West Pakistan (Extraordinary), pages 709- 789.
103
Substituted for “Executive District Officer (Revenue)” by the Punjab Laws (Amendment) Act 2011 (VI of 2011) by the Punjab
Laws (Amendment) Act 2011 (VI of 2011),w.e.f. 20.4.2011(notification published in the Punjab Gazette (Extraordinary),dated
16.4.2011, page 4081),s.3 ; and published in the Punjab Gazette (Extraordinary),dated 14.4.2011,pages 4043-4047.
104
Substituted for “Executive District Officer (Revenue)” by the Punjab Laws (Amendment) Act 2011 (VI of 2011) by the Punjab
Laws (Amendment) Act 2011 (VI of 2011),w.e.f. 20.4.2011(notification published in the Punjab Gazette (Extraordinary),dated
16.4.2011, page 4081),s.3 ; and published in the Punjab Gazette (Extraordinary),dated 14.4.2011,pages 4043-4047.
105
Misprinted in the Gazette as “comma”.
district or has ceased to exercise powers as a Revenue-Officer, and 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.

83. Computation of periods limited for appeals and applications for review.–
In the computation of the period for an appeal from, or an application for the review
106
of, an order under this Act, the limitation therefor shall be governed by the [* * *]
107
Limitation Act, [1908].

84. Power to call for, examine and revise proceedings of Revenue-Officers

108
and Revenue Courts.– (1) The [Board of Revenue] may at any time call for the
record of any case pending before, or disposed of by any Revenue-Officer or
109
Revenue Court subordinate to [it].
110
(2) [A Commissioner] or Collector may call for the record of any case
pending before, or disposed of by, any Revenue-Officer or Revenue Court under his
control.
111
(3) If in any case in which a [* * *] 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
112
orders of the [ Commissioner].
113
[(4) If, after examining a record called for under sub-section (1), or sub-
114
section (2) or submitted under sub-section (3), the Board of Revenue or [the
Commissioner], as the case may be, is of the opinion that it is expedient to interfere
with the proceedings or the order or decree, it or he, as the case may be, shall pass
an order accordingly.]

106
Omitted the word “Indian” by the Punjab Tenancy (Amendment) Ordinance, 2001 (LVI of 2001), w.e.f.14.8.2001, s.9; and
published in the Punjab Gazette (Extraordinary), dated 22.12.2001, pages 2313-2315.
107
Substituted for the figure “1877” by the Punjab Tenancy (Amendment) Ordinance, 2001 (LVI of 2001), w.e.f.14.8.2001, s.9;
and published in the Punjab Gazette (Extraordinary), dated 22.12.2001, pages 2313-2315.
108
Substituted for “Financial Commissioner” by the West Pakistan (Adaptation and Repeal of Laws) Act, 1957 (XVI of 1957),
w.e.f. 14.10.1955, s.3 and schedule III; and published in the Gazette of West Pakistan (Extraordinary), pages 709- 789.
109
Substituted ibid., for the word “him”.
110
Substituted for “an Executive District Officer (Revenue)” by the Punjab Laws (Amendment) Act 2011 (VI of 2011) by the
Punjab Laws (Amendment) Act 2011 (VI of 2011),w.e.f. 20.4.2011(notification published in the Punjab Gazette
(Extraordinary),dated 16.4.2011, page 4081),s.3 ; and published in the Punjab Gazette (Extraordinary),dated 14.4.2011,pages
4043-4047.
111
Omitted the words “Commissioner or” by the West Pakistan (Adaptation and Repeal of Laws) Act, 1957 (XVI of 1957), w.e.f.
14.10.1955, s.3 and schedule III; and published in the Gazette of West Pakistan (Extraordinary), pages 709- 789.
112
Substituted for “the Executive District Officer (Revenue)” by the Punjab Laws (Amendment) Act 2011 (VI of 2011) by the
Punjab Laws (Amendment) Act 2011 (VI of 2011),w.e.f. 20.4.2011(notification published in the Punjab Gazette
(Extraordinary),dated 16.4.2011, page 4081),s.3 ; and published in the Punjab Gazette (Extraordinary),dated 14.4.2011,pages
4043-4047.
113
Substituted by the West Pakistan (Adaptation and Repeal of Laws) Act, 1957 (XVI of 1957).
114
Substituted for “the Executive District Officer (Revenue)” by the Punjab Laws (Amendment) Act 2011 (VI of 2011) by the
Punjab Laws (Amendment) Act 2011 (VI of 2011),w.e.f. 20.4.2011(notification published in the Punjab Gazette
(Extraordinary),dated 16.4.2011, page 4081),s.3 ; and published in the Punjab Gazette (Extraordinary),dated 14.4.2011,pages
4043-4047.
 115
(5) If, after examining the record, the [Board of Revenue] is of opinion
that it is expedient to interfere with the proceedings or the order or decree on any
116
ground on which the [High Court] in the exercise of the revisional jurisdiction may
under the law for the time being in force interfere with the proceedings or an order or
117
decree of a Civil Court, [it] shall fix a day for hearing the case, and may, on that or
118 119
any subsequent day to which [it] may adjourn the hearing or which [it] may
120
appoint in this behalf, pass such order as [it] thinks fit in the case.
121
(6) Except when the [Board of Revenue] fixes under sub-section (5) a
122
day for hearing the case, no party has any right to be heard before the [Board of
123
Revenue] when exercising [its] powers under this section.

Procedure
124
85. Procedure of Revenue-Officers.– (1) The [Provincial Government] may
125
makes rules consistent with this Act for regulating the procedure of Revenue-
Officers under this Act in cases in which a procedure is not prescribed by this Act.
(2) The rules may provide, among other matters, for the mode of enforcing
orders of ejectment from, and delivery of possession, of, immovable property, and
rules providing for those 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 to
costs, and may adapt to proceedings under this Act all or any of the provisions of the
126
Punjab Land-Revenue Act, [1967], with respect to arbitration.
(4) Subject to the rules under this section a Revenue-Officer may refer any
case which he is empowered to dispose of under this Act to another Revenue-Officer
for investigation and report, and may decide the case upon the report.

115
Substituted for “Financial Commissioner” by the West Pakistan (Adaptation and Repeal of Laws) Act, 1957 (XVI of 1957),
w.e.f. 14.10.1955, s.3 and schedule III; and published in the Gazette of West Pakistan (Extraordinary), pages 709- 789.
116
Substituted for the words “Chief Court” by the Repealing and Amending Act, 1919 (XVIII of 1919), s.2 and the first schedule;
and published in the Gazette of India, dated 17.9.1919.
117
Substituted by the West Pakistan (Adaptation and Repeal of Laws) Act, 1957 (XVI of 1957), for the word “he”.
118
Substituted ibid.
119
Ibid.
120
Ibid.
121
Substituted for “Financial Commissioner” by the West Pakistan (Adaptation and Repeal of Laws) Act, 1957 (XVI of 1957),
w.e.f. 14.10.1955, s.3 and schedule III; and published in the Gazette of West Pakistan (Extraordinary), pages 709- 789.s
122
Substituted for “Financial Commissioner” by the West Pakistan (Adaptation and Repeal of Laws) Act, 1957 (XVI of 1957),
w.e.f. 14.10.1955, s.3 and schedule III; and published in the Gazette of West Pakistan (Extraordinary), pages 709- 789.
123
Substituted ibid., for the word “his”.
124
Substituted for “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, w.e.f. 1.4.1937,
Article 4 and Table of General Adaptations as amended by the Government of India (Adaptation of Indian Laws) Supplementary
Order, 1937.
125
For rules under section 85 (1), See Notification No. 77, Pb Gazette (Extraordinary), dated, 1-3-1888, page 79.
126
Substituted for the figure “1887” by the Punjab Tenancy (Amendment) Ordinance, 2001 (LVI of 2001), w.e.f.14.8.2001, s.5;
and published in the Punjab Gazette (Extraordinary), dated 22.12.2001, pages 2313-2315.
86. Persons by whom appearances may be made before Revenue-Officers
as such and not as Revenue Courts.– (1) Appearances before a Revenue-Officer
as such, and applications to and acts to be done before him, under this Act may be
made or done–
(a) by the parties themselves, or
(b) by their recognized agents or a legal practitioner:
Provided that the employment of a recognized agent or legal practitioner shall
not excuse the personal attendance of a party to any proceeding in any case in
which personal attendance is specially required by an order of the officer.
(2) For the purpose of sub-section (1), recognized agents shall be such
127
persons as the [Provincial Government] may by notification declare in this behalf.
(3) The fees of a legal practitioner shall not be allowed as costs in any
proceeding before a Revenue-Officer under this Act, unless that officer considers, for
reasons to be recorded by him in writing, that the fees should be allowed.

87. Costs.– (1) A Revenue-Officer may give and apportion the costs of any
proceeding under this Act in any manner he thinks fit.
(2) But if he orders that the costs of any such proceeding shall not follow
the event, he shall record his reasons for the order.
128
88. Procedure of Revenue Courts.– (1) The [Provincial Government] may
129
[* * *] make rules consistent with this Act for regulating the procedure of Revenue
Courts in matters under this Act for which a procedure is not prescribed thereby, and
by any such rules direct that any provisions 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 provisions 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
130
(b) the [Board of Revenue] shall, in respect 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
131
Courts under [its] control, all the powers of a High Court under the
Code.

127
Substituted for “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, w.e.f. 1.4.1937,
Article 4 and Table of General Adaptations as amended by the Government of India (Adaptation of Indian Laws) Supplementary
Order, 1937.
128
Substituted for “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, w.e.f. 1.4.1937,
Article 4 and Table of General Adaptations as amended by the Government of India (Adaptation of Indian Laws) Supplementary
Order, 1937.
129
Omitted the words “with the previous sanction of the Governor General in Council” by the Decentralization Act, 1914 (IV of
1914), s.2 and the Schedule; and published in the Gazette of India, dated 24.2.1914.
130
Substituted for “Financial Commissioner” by the West Pakistan (Adaptation and Repeal of Laws) Act, 1957 (XVI of 1957),
w.e.f. 14.10.1955, s.3 and schedule III; and published in the Gazette of West Pakistan (Extraordinary), pages 709- 789.
131
Substituted ibid., for the word “his”.
89. Power of Revenue-Officer or Revenue Court to summon persons.– (1) A
Revenue-Officer or Revenue Court may summon any person whose attendance he
or it considers necessary for the purpose of any application, suit or other business
before him or it as a Revenue-oOfficer 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 practitioner.
(3) The person attending in obedience to the summons shall be bound to
state the truth upon any matter respecting which he is examined or makes
statements, and to produce such documents and other things relating to any such
matter as the Revenue-Officer or Revenue Court may require.

90. Mode of service of summons.– (1) A summons issued by a Revenue-Officer

or Revenue Court shall, if practicable, be served (a) personally on the person to
whom it is addressed, or failing him on (b) his recognized agents or (c) an adult male
member of his family who is residing with him.
(2) If service cannot be so made, or if acceptance of service so made is
refused, the summons may be served by posting a copy thereof at the usual or last
known place of residence of the person to whom it is addressed, or, if that person
does not reside in the district in which the Revenue-Officer is employed or the
Revenue Court is held, and the case to which the summons relates has reference to
land in that district, then by posting a copy of the summons on some conspicuous
place in or near the estate wherein the land is situate.
(3) If the summons relates to a case in which persons having the same
interest are so numerous that personal service on all of them is not reasonably
practicable, it may, if the Revenue-Officer or Revenue Court so directs, be served by
delivery of a copy thereof to such of those persons as the officer or Court nominates
in this behalf and by proclamation of the contents thereof for the information of the
other persons interested.
(4) A summons may, if the Revenue-Officer or Revenue Court so directs,
be served on the person named therein, either in addition to, or in substitution for,
any other mode of service, by forwarding the summons by post in a letter addressed
132 133 134
to the person and registered under Part [VI] of the [* * *] Post Office Act, [1898].
(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 Court
may presume that the summons was served at the time when the letter would be
delivered in the ordinary course of post.

91. Mode of service of notice, or order or proclamation or copy thereof.– A

notice, order or proclamation, or copy of any such document, issued by a Revenue-

132
Substituted for the figure “III” by the Punjab Tenancy (Amendment) Ordinance, 2001 (LVI of 2001), w.e.f.14.8.2001, s.10; and
published in the Punjab Gazette (Extraordinary), dated 22.12.2001, pages 2313-2315.
133
Omitted the word “Indian” by the Punjab Tenancy (Amendment) Ordinance, 2001 (LVI of 2001), w.e.f.14.8.2001, s.10; and
published in the Punjab Gazette (Extraordinary), dated 22.12.2001, pages 2313-2315.
134
Substituted for the figure “1886” by the Punjab Tenancy (Amendment) Ordinance, 2001 (LVI of 2001), w.e.f.14.8.2001, s.10;
and published in the Punjab Gazette (Extraordinary), dated 22.12.2001, pages 2313-2315..
Officer or 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.

92. Additional mode of publishing proclamation.– When a proclamation

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

93. Joinder of tenants as parties to proceeding relating to rent.– (1) Any

number of tenants cultivating in the same estate, may in the discretion of the
135
Revenue-Officer or Revenue Court and subject to any rules which the [Provincial
Government] may make in this behalf, be made parties to any proceeding under
Chapter III.
(2) But a decree or order shall not be made in any such proceedings
unless the Revenue-Officer or Revenue Court is satisfied that all the parties thereto
have had an opportunity of appearing and being heard.
(3) A decree or order made in any such proceeding shall specify the extent
to which each of the tenants is affected thereby.

94. Exception of suits under this Act from operation of certain enactments.–
136
Nothing in section 424 of the Code of Civil Procedure, or in section 36 of the
Punjab Municipal Act, 1884, shall be construed to apply to a suit of a class
mentioned in section 77 of this Act.

95. Payment into Court of money admitted to be due to a third person.– (1)
When a defendant admits that money is due from him on account of rent, but pleads
that it is due not to the plaintiff but to a third person, the Court shall, except for
special reasons to be recorded by it, refuse to take cognizance of the plea unless the
defendant pays into Court the amount so admitted to be due.
(2) Where such a payment is made the Court shall forthwith cause notice
of the payment to be served on the third person.
(3) Unless the third person within three months from the receipt of the
notice institutes a suit against the plaintiff and therein obtains an order restraining
payment of the money, it shall be paid to the plaintiff on his application to the Court
therefor.
(4) Nothing in this section 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

135
Substituted for “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, w.e.f. 1.4.1937,
Article 4 and Table of General Adaptations as amended by the Government of India (Adaptation of Indian Laws) Supplementary
Order, 1937.
136
Repealed by the Punjab Municipal Act, 1911 (III of 1911), The successor law being the municipal administration act 1960 (X
of 1960), the Punjab local government act 1975 (XXXIV of 1975), the Punjab local government ordinance 1979 (VI of 1979) and
the Punjab local government ordinance 2001(XIII of 2001)
acquittance in the same manner and to the same extent as if it had been given by
the plaintiff or the third person, as the case may be.

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

97. Prohibition of imprisonment of tenants in execution of decrees for rent.–

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

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

99. Power to refer to High Court questions as to jurisdiction.– (1) If the

Presiding Officer of a Civil or Revenue Court in which a suit has been instituted
doubts whether he is precluded from taking cognizance of the suit, he may refer the
137 138 139
matter through the [District Judge] or [Commissioner], or, if he is a [District
140 141
Judge] or [Commissioner], directly to the [High Court].
142
(2) On any such reference being made, the [High Court] may order the
presiding officer either to proceed with the suit or to return the plaint for presentation
in such other Court as it may in its order declare to be competent to take cognizance
of the suit.

137
Substituted by the Punjab Courts Act, 1918 (VI of 1918), for “Divisional Judge”.
138
Substituted for “Executive District Officer (Revenue)” by the Punjab Laws (Amendment) Act 2011 (VI of 2011) by the Punjab
Laws (Amendment) Act 2011 (VI of 2011),w.e.f. 20.4.2011(notification published in the Punjab Gazette (Extraordinary),dated
16.4.2011, page 4081),s.3 ; and published in the Punjab Gazette (Extraordinary),dated 14.4.2011,pages 4043-4047.
139
Substituted by the Punjab Courts Act, 1918 (VI of 1918), for words “Divisional Judge”.
140
Substituted for “Executive District Officer (Revenue)” by the Punjab Laws (Amendment) Act 2011 (VI of 2011) by the Punjab
Laws (Amendment) Act 2011 (VI of 2011),w.e.f. 20.4.2011(notification published in the Punjab Gazette (Extraordinary),dated
16.4.2011, page 4081),s.3 ; and published in the Punjab Gazette (Extraordinary),dated 14.4.2011,pages 4043-4047.
141
Substituted for the words “Chief Court” by the Repealing and Amending Act, 1919 (XVIII of 1919), s.2 and the first schedule;
and published in the Gazette of India, dated 17.9.1919.
142
Substituted for the words “Chief Court” by the Repealing and Amending Act, 1919 (XVIII of 1919), s.2 and the first schedule;
and published in the Gazette of India, dated 17.9.1919.
 143
(3) The order of the [High Court] on any such reference shall be
conclusive as against persons who are not parties to the suits as well as against
persons who are parties thereto.

100. Power of High Court to validate proceedings held under mistake as to

jurisdiction.– In either of the following cases, namely:–
(a) if it appears to a Civil Court that a Court under its control has
determined a suit of a class mentioned in section 77 which under the
provisions of that section should have been heard and determined by a
Revenue Court, or
(b) if it appears to a Revenue Court, that a Court under its control has
determined a suit which should have been heard by a Civil Court,
the Civil Court or Revenue Court, as the case may be, shall submit the
144
record of the suit to the [High Court].
145
(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
146
the mistake as to jurisdiction, the [High Court] may order that the decree be
registered in the Court which had jurisdiction.
147
(3) If it appears to the [High Court] otherwise than on submission of a
record under sub-section (1), that a Civil Court under its control has determined a
suit of a class mentioned in section 77 which under the provisions of that section
148
should have been heard and determined by a Revenue Court, the [High Court] may
pass any order which it might have passed if the record had been submitted to it
under that sub-section.
149
(4) With respect to any proceeding 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.
150
(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.

143
Substituted for the words “Chief Court” by the Repealing and Amending Act, 1919 (XVIII of 1919), s.2 and the first schedule;
and published in the Gazette of India, dated 17.9.1919.
144
Substituted for the words “Chief Court” by the Repealing and Amending Act, 1919 (XVIII of 1919), s.2 and the first schedule;
and published in the Gazette of India, dated 17.9.1919.
145
Substituted for the words “Chief Court” by the Repealing and Amending Act, 1919 (XVIII of 1919), s.2 and the first schedule;
and published in the Gazette of India, dated 17.9.1919.
146
Substituted for the words “Chief Court” by the Repealing and Amending Act, 1919 (XVIII of 1919), s.2 and the first schedule;
and published in the Gazette of India, dated 17.9.1919.
147
Substituted for the words “Chief Court” by the Repealing and Amending Act, 1919 (XVIII of 1919), s.2 and the first schedule;
and published in the Gazette of India, dated 17.9.1919.
148
Substituted for the words “Chief Court” by the Repealing and Amending Act, 1919 (XVIII of 1919), s.2 and the first schedule;
and published in the Gazette of India, dated 17.9.1919.
149
Substituted for the words “Chief Court” by the Repealing and Amending Act, 1919 (XVIII of 1919), s.2 and the first schedule;
and published in the Gazette of India, dated 17.9.1919.
150
Substituted for the words “Chief Court” by the Repealing and Amending Act, 1919 (XVIII of 1919), s.2 and the first schedule;
and published in the Gazette of India, dated 17.9.1919.
 (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

101. Place of sitting.– (1) An Assistant Collector may exercise his powers under
this Act at any place within the limits of the district in which he is employed.
(2) Any other Revenue-Officer or Revenue Court may only exercise his or
its powers under this Act within the local limits of his or its jurisdiction.
151 152
102. Holidays.– (1) The [Board of Revenue], with the approval of the [Provincial
153
Government], shall publish in the [Official Gazette] before the commencement of
each calendar year a list of days to be observed in that year as holidays by all or any
Revenue-Officers and Revenue Courts.
(2) A proceeding held 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 held on that day.

103. Discharge of duties of Collector dying or being disabled.– When a

Collector dies or is disabled from performing his duties, the officer who succeeds
154 155
[him] temporarily [* * *] under any orders which may be generally or specially
156
issued by the [Provincial Government] in this behalf, shall be deemed to be a
Collector under this Act.

104. Retention of powers by Revenue-Officer on transfer.– When a Revenue-

Officer of any class who, either as such or as a Revenue Court, has under the
foregoing provisions of this Act any powers to be exercised in any local area is
transferred from that local area to another as a Revenue-Officer or Revenue Court of
the same or a higher class, he shall continue to exercise those powers in that other
157
local area unless the [Provincial Government] otherwise directs or has otherwise
directed.

151
Substituted for “Financial Commissioner” by the West Pakistan (Adaptation and Repeal of Laws) Act, 1957 (XVI of 1957),
w.e.f. 14.10.1955, s.3 and schedule III; and published in the Gazette of West Pakistan (Extraordinary), pages 709- 789.
152
Substituted for “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, w.e.f. 1.4.1937,
Article 4 and Table of General Adaptations as amended by the Government of India (Adaptation of Indian Laws) Supplementary
Order, 1937.
153
Substituted for “local official Gazette” by the Government of India (Adaptation of Indian Laws) Order, 1937, w.e.f. 1.4.1937,
Article 4 and Table of General Adaptations as amended by the Government of India (Adaptation of Indian Laws) Supplementary
Order, 1937..
154
Inserted by the Punjab Tenancy (Amendment) Ordinance, 2001 (LVI of 2001), w.e.f.14.8.2001, s.11; and published in the
Punjab Gazette (Extraordinary), dated 22.12.2001, pages 2313-2315.
155
Deleted the words “to the chief executive administration of the district” by the Punjab Tenancy (Amendment) Ordinance, 2001
(LVI of 2001), w.e.f.14.8.2001, s.11; and published in the Punjab Gazette (Extraordinary), dated 22.12.2001, pages 2313-2315.
156
Substituted for “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, w.e.f. 1.4.1937,
Article 4 and Table of General Adaptations as amended by the Government of India (Adaptation of Indian Laws) Supplementary
Order, 1937.
157
Substituted for “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, w.e.f. 1.4.1937,
Article 4 and Table of General Adaptations as amended by the Government of India (Adaptation of Indian Laws) Supplementary
Order, 1937.
105. Conferment of powers of Revenue-Officer or Revenue Court.– (1) The
158
[Provincial Government] may by notification confer on any person–
159 160
(a) all or any of the powers of [Board of Revenue], [Commissioner] or
Collector under this Act, or
(b) all or any of the powers with which an Assistant Collector of either
grade is, or may be, invested thereunder,
and may by notification withdraw any powers so conferred.
(2) A person on whom powers are conferred under sub-section (1) shall
exercise those powers within such local limits and in such classes of cases as the
161
[Provincial Government] may direct, and except as otherwise directed by the
162
[Provincial Government], shall for all purposes connected with the exercise whereof
163 164
be deemed [Board of Revenue], [Commissioner], Collector or Assistant Collector,
as the case may be.
(3) Before conferring powers on the Judge of a Civil Court under sub-
165 166
section (1), the [Provincial Government] shall consult the [High Court].
(4) If any of the powers of a Collector under section 78, section 79, section
80 or section 82 are conferred on an Assistant Collector, they shall, unless the
167
[Provincial Government] by special order otherwise directs, be exercised by him
subject to the control of the Collector.

158
Substituted for “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, w.e.f. 1.4.1937,
Article 4 and Table of General Adaptations as amended by the Government of India (Adaptation of Indian Laws) Supplementary
Order, 1937.
159
Substituted for “Financial Commissioner” by the West Pakistan (Adaptation and Repeal of Laws) Act, 1957 (XVI of 1957),
w.e.f. 14.10.1955, s.3 and schedule III; and published in the Gazette of West Pakistan (Extraordinary), pages 709- 789.
160
Substituted for “Executive District Officer (Revenue)” by the Punjab Laws (Amendment) Act 2011 (VI of 2011) by the Punjab
Laws (Amendment) Act 2011 (VI of 2011),w.e.f. 20.4.2011(notification published in the Punjab Gazette (Extraordinary),dated
16.4.2011, page 4081),s.3 ; and published in the Punjab Gazette (Extraordinary),dated 14.4.2011,pages 4043-4047.
161
Substituted for “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, w.e.f. 1.4.1937,
Article 4 and Table of General Adaptations as amended by the Government of India (Adaptation of Indian Laws) Supplementary
Order, 1937.
162
Substituted for “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, w.e.f. 1.4.1937,
Article 4 and Table of General Adaptations as amended by the Government of India (Adaptation of Indian Laws) Supplementary
Order, 1937.
163
Substituted for “Financial Commissioner” by the West Pakistan (Adaptation and Repeal of Laws) Act, 1957 (XVI of 1957),
w.e.f. 14.10.1955, s.3 and schedule III; and published in the Gazette of West Pakistan (Extraordinary), pages 709- 789.
164
Substituted for “Executive District Officer (Revenue)” by the Punjab Laws (Amendment) Act 2011 (VI of 2011) by the Punjab
Laws (Amendment) Act 2011 (VI of 2011),w.e.f. 20.4.2011(notification published in the Punjab Gazette (Extraordinary),dated
16.4.2011, page 4081),s.3 ; and published in the Punjab Gazette (Extraordinary),dated 14.4.2011,pages 4043-4047.
165
Substituted for “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, w.e.f. 1.4.1937,
Article 4 and Table of General Adaptations as amended by the Government of India (Adaptation of Indian Laws) Supplementary
Order, 1937.
166
Substituted for the words “Chief Court” by the Repealing and Amending Act, 1919 (XVIII of 1919), s.2 and the first schedule;
and published in the Gazette of India, dated 17.9.1919.
167
Substituted for “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, w.e.f. 1.4.1937,
Article 4 and Table of General Adaptations as amended by the Government of India (Adaptation of Indian Laws) Supplementary
Order, 1937.
 168
106. Power of Board of Revenue to make rules.– (1) The [Board of Revenue]
169
may, in addition to the other rules which may be made by [it] under this Act, make
rules consistent with this Act and 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;
(b) for the guidance of Revenue-Officers in determining, for the purposes
of this Act, the amount of the land-revenue of any land;
(c) prescribing for all or any of the territories to which this Act extends, the
periods during which in proceedings held under this Act, a Revenue-
Officer or Revenue Court is not, except for reasons of urgency to be
recorded, to issue any process of arrest against a tenant or against a
land-owner who cultivates his own land;
(d) regulating the procedure in cases where persons are entitled to inspect
records of Revenue-Officers or Revenue Courts, or to 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
170
the [Board of Revenue] thinks necessary to be kept, made or
compiled in Revenue-Offices or Revenue Courts or submitted to any
authority;
(f) declaring what shall be the language of any of those Offices and
Courts, and determining in what cases persons practising in 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 connected with the enforcement of this Act.
(2) Until rules are made under clause (a) of sub-section (1), rent shall be
payable by the instalments and at the times by and at which it is now payable.
171
(3) Rules made by the [Board of Revenue] under this or any other
172 173
section of this Act shall [be made subject to the control of] the [Provincial
Government].

107. Rules to be made after previous publication.– The power to make any
174
rules under this Act is subject [* * *] to the condition of the rules being made after
previous publication.
168
Substituted for “Financial Commissioner” by the West Pakistan (Adaptation and Repeal of Laws) Act, 1957 (XVI of 1957),
w.e.f. 14.10.1955, s.3 and schedule III; and published in the Gazette of West Pakistan (Extraordinary), pages 709- 789.
169
Substituted ibid, for the word “him”.
170
Substituted for “Financial Commissioner” by the West Pakistan (Adaptation and Repeal of Laws) Act, 1957 (XVI of 1957),
w.e.f. 14.10.1955, s.3 and schedule III; and published in the Gazette of West Pakistan (Extraordinary), pages 709- 789.
171
Substituted for “Financial Commissioner” by the West Pakistan (Adaptation and Repeal of Laws) Act, 1957 (XVI of 1957),
w.e.f. 14.10.1955, s.3 and schedule III; and published in the Gazette of West Pakistan (Extraordinary), pages 709- 789.
172
Substituted for “not take effect until they have been sanctioned by” by the Decentralization Act, 1914 (IV of 1914), s.2 and the
Schedule; and published in the Gazette of India, dated 24.2.1914.
173
Substituted for “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, w.e.f. 1.4.1937,
Article 4 and Table of General Adaptations as amended by the Government of India (Adaptation of Indian Laws) Supplementary
Order, 1937.
108. Powers exercisable by Board of Revenue from time to time.– All powers
175
conferred by this Act on the [Board of Revenue] may be exercised from time to time
as occasion requires.

CHAPTER VIII
EFFECT OF THIS ACT ON RECORDS-OF-RIGHTS AND AGREEMENTS

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

rights providing–
(a) that a landlord may prevent a tenant from making, or eject him from
making, such improvements 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 improvements or for disturbance in any case in which
he would under this Act be entitled to compensation therefor, or
(c) that a landlord may eject a tenant otherwise than in accordance with
the provisions of this Act, shall be void to that extent.

110. Nullity of certain agreements contrary to the Act.– (1) Nothing in any
agreement made between a landlord and a tenant after the passing of this Act shall–
(a) override any of the provisions of this Act with respect to the acquisition
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
occupancy under section 5 or section 6, or
(b) take away or limit the right of a tenant as determined by this Act to
make improvements and claim compensation therefor, or, where
compensation for disturbance can be claimed under this Act, to claim
such compensation, or
(c) entitle a landlord to eject a tenant otherwise than in accordance with
the provisions of this Act.
(2) Nothing in clause (a) of sub-section (1) shall apply to an agreement by
which a tenant binds himself to pay an enhanced rent in consideration of an
improvement which has been or is to be made in respect of his tenancy, by or at the
expense of his landlord, and to the benefit of which the tenant is not otherwise
entitled.

111. Saving of other agreements when in writing.– Save as expressly provided

in this Act, nothing in this Act shall affect the operation of any agreement between a
landlord and a tenant, when the agreement either is in writing or has been recorded
176
in a record-of-rights before the passing of the Punjab Land Revenue Act, 1887, or
been entered by order of Revenue-Officer in a record-of-rights or annual record
under the provisions of that Act.

174
The words, “to the control of the Governor General in Council and”, deleted by the Devolution Act, 1920 (XXXVIII of 1920).
175
Substituted for “Financial Commissioner” by the West Pakistan (Adaptation and Repeal of Laws) Act, 1957 (XVI of 1957),
w.e.f. 14.10.1955, s.3 and schedule III; and published in the Gazette of West Pakistan (Extraordinary), pages 709- 789.
176
Repealed by the Punjab Land-revenue Act, 1967 (XVII of 1967).
112. Effect of certain entries made in records-of-rights before November,
1871.– An entry made with respect to any of the following matters before the
eighteenth day of November, 1871, and attested by the proper officer, in the record
177
of regular settlement sanctioned by the [Provincial Government], namely:–
(a) the enhancement or abatement of the rent of a tenant having right of
occupancy or the commutation of rent in kind into rent in money or of
rent in money into rent in kind, or the taking of rent in kind by division or
appraisement of the produce or other procedure of a like nature, or
(b) the letting or under-letting of land in which there is a right of occupancy
by the tenant having that right, or the alienation of or succession to
land in which such a right subsists, shall be deemed to be an
agreement within the meaning of the last foregoing section.
178 179 180
[113. [Nothing but rent or seed supplied recoverable].– [(1)] Notwithstanding
anything to the contrary in this Act or in any other law for the time being in force or
any revenue record or agreement or any rule of custom or any decision of a Court or
arbitrator, no tenant shall be liable for, and no landlord shall be entitled to anything in
the shape of a cess, village cess, or other contribution or due or any free personal
service, in addition to the rent payable for the land held by the former under the
latter].
181
[(2) Notwithstanding any agreement to the contrary, where a landlord
supplies any seed to his tenant, he shall be entitled to recover from the tenant only
the quantity of seed actually supplied and nothing in excess thereof.]
182
[114. Extinction of occupancy tenancies.– (1) Notwithstanding anything
contained in any law for the time being in force, including this Act, no person shall,
after the coming into force of the Punjab Tenancy (Amendment) Act, 1952, acquire
or have occupancy rights in any land under any enactment or contract or any decree
or order of any Court or other authority and the existing occupancy rights in respect
of all lands other than lands owned by Government or by any person who under the
law for the time being in force is an evacuee, shall on the coming into force of the
aforesaid Act, be extinguished, and the land comprised in a tenancy so extinguished
shall vest as hereinafter provided.

(2) An occupancy tenant, who at the time of the coming into force of the
aforesaid Amendment Act occupies any land as such shall become owner as
under:–

177
Substituted for “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, w.e.f. 1.4.1937,
Article 4 and Table of General Adaptations as amended by the Government of India (Adaptation of Indian Laws) Supplementary
Order, 1937.
178
Added by the Punjab Tenancy (Amendment) Act, 1950 (XVII of 1950), s.2; and published in the Punjab Gazette
(Extraordinary), dated 13.6.1951, pages 117-118.
179
Added by the Punjab Laws (Adaption, Revision and Repeal) Act, 1954 (XV of 1955), w.e.f.21.1.1955, s.2 and first schedule;
and published in the Punjab Gazette (Extraordinary), pages 87-108.
180
Numbered by the Punjab Tenancy (Amendment) Act, 1952 (VII of 1952), w.e.f.4.2.1952, s.4; and published in the Punjab
Gazette (Extraordinary), pages 85-92.
181
Added by the Punjab Tenancy (Amendment) Act, 1952 (VII of 1952), w.e.f.4.2.1952, s.4; and published in the Punjab
Gazette (Extraordinary), pages 85-92.
182
Added by the Punjab Tenancy (Amendment) Act, 1952 (VII of 1952), w.e.f.4.2.1952, s.5; and published in the Punjab
Gazette (Extraordinary), pages 85-92.
 (a) of the entire land comprised in his tenancy without payment of any
compensation where he pays no rent therefor beyond the amount of
the land-revenue, and rates and cesses for the time being chargeable
therefor;
(b) of such portion of the land comprised in his tenancy without payment of
any compensation as corresponds to his share of the produce, where
he pays rent in the form of a share of the produce;
(c) of the entire land comprised in his tenancy on payment of
compensation to the landlord in cash at such rates and within such
periods as may be prescribed by the Government by rules framed for
the purpose, where he pays rent only in cash;
(d) of the whole or a portion of the land comprised in his tenancy on
payment of such compensation in such form and within such time to
the landlord as may be determined by Government by rules framed
under this Act, where he pays rent partly in cash and partly in the form
of a share of the produce.
(3) So long as Government does not frame rules for purposes of clauses
(c) and (d) of sub-section (2), an occupancy tenancy falling under any of these
clauses shall, notwithstanding the provision made in sub-section (1), continue to
subsist, and the landlord and the occupancy tenant shall continue to enjoy the same
rights, and be subject to the same liabilities, as before.
(4) In a case falling under clause (b) of sub-section (2) the landlord shall,
without payment of any compensation, be entitled to the possession of the rest of the
land comprised in the tenancy.
(5) An occupancy tenant acquiring land in accordance with the provisions
of sub-section (2) shall acquire it free from all encumbrances created in respect of
that land by the landlord and if any encumbrance be created by the tenant, the share
of the land received by the landlord shall be free from it and notwithstanding any
provision of any law for the time being in force to the contrary each such
encumbrance shall become the exclusive liability of the landlord or the occupancy
tenant, as the case may be.
(6) Where compensation is to be paid by a tenant in cash under clause (c)
of sub-section (2) Government may, with a view to enabling an occupancy tenant to
acquire land in accordance with the provisions of this section, advance a loan which
shall be recoverable as arrears of land-revenue with interest at such rates and in
such instalments as the Government may fix generally or in particular cases.
(7) Government shall frame rules to give effect to the provisions of this
section, and while framing rules it may classify lands into different categories and
prescribe different principles for assessment of compensation.]
183
[114-A. Extinction of Muqarraridari rights.– (1) Notwithstanding anything
contained in any law for the time being in force, including this Act, no person shall,
after the coming into force of the Punjab Tenancy (Removal of Doubts and
Amendment) Ordinance, 1974, hereinafter referred to as the said Ordinance acquire

183
Added by the Punjab Tenancy (Removal of Doubts and Amendment) Act, 1975 (XXXVIII of 1975), w.e.f. 2.12.1974, s.3; and
published in the Punjab Gazette (Extraordinary), dated 25.6.1975, pages 942-YYY to 942-BBBB.
or have muqarraridari right in any land under any enactment or contract or other
authority, and the existing muqarraridari rights in respect of all lands other than the
lands owned by or vesting in Government or by any person who, under the law for
the time being in force is an evacuee, shall, on coming into force of the said
Ordinance, be extinguished and the land in respect of which muqarraridari rights are
to be extinguished, hereinafter referred to as the said land, shall vest as hereinafter
provided.

(2) A muqarraridar who, at the time of coming into force of the said
Ordinance, occupies the said land as such shall become owner as under: —
(a) of the said land in its entirety without payment of any compensation
where he pays no rent therefor beyond the amount of the land-revenue
and rates and cesses for the time being chargeable therefor;
(b) of such portion of the said land without payment of any compensation
as corresponds to his share of the produce where he pays rent in the
form of a share of the produce;
(c) of the said land in its entirety on payment of compensation to the
proprietor in cash at such rates and within such periods as may be
prescribed by the Government by rules framed for the purpose, where
he pays rent only in cash; and
(d) of the whole or a portion of the said land on payment of such
compensation in such form and within such time to the proprietor as
may be determined by Government by rules framed under this section,
where he pays rent partly in cash and partly in the form of share of the
produce.
(3) So long as Government does not frame rules, for purposes of clauses
(c) and (d) of sub-section (2), muqarraridari rights falling under any of those clauses
shall, notwithstanding the provision made in sub-section (1) continue to subsist and
the proprietor and the muqarraridar shall continue to enjoy the same rights, and be
subject to the same liabilities, as before.
(4) In a case falling under clause (b) of sub-section (2) the proprietor shall,
without payment of any compensation, be entitled to the possession of the rest of the
said land.
(5) A muqarraridar acquiring land in accordance with the provisions of sub-
section (1) shall acquire it free from all encumbrances created in respect of that land
by the proprietor and if any encumbrance be created by the muqarraridar the share
of the land received by the proprietor shall be free from it and notwithstanding any
provision of any law for the time being in force to the contrary, each such
encumbrance shall become the exclusive liability of the proprietor or the
muqarraridar as the case may be.
(6) Where compensation is to be paid by a muqarraridar in cash under
clause (c) of sub-section (2) Government may, with a view to enabling a
muqarraridar to acquire land in accordance with the provisions of this section,
advance a loan which shall be recoverable as arrears of land-revenue with interest at
such rates and in such instalments as the Government may fix generally or in
particular cases.
 (7) Government shall frame rules to give effect to the provisions of this
section, and while framing the rules it may classify land into different categories and
prescribe different principles of assessment of compensation.]
184
[114-B. Removal of doubts.– Notwithstanding anything contained in this Act or
any other law for the time being in force or any decree, judgment, or order of any
Court or any other authority, an occupancy tenant under a muqarraridar shall be
deemed and be deemed always to have, on the extinction of his occupancy rights
under section 114, become the owner of the rights possessed by the muqarraridar in
the entire or, as the case may be, in a part of the land comprised in his tenancy and
in respect of such land section 114-A shall have effect accordingly.]
185
[115. Limits of holding for personal cultivation.– (1) No person owning more
than 100 acres of land shall have in his possession for personal cultivation any
irrigated culturable land exceeding 50 acres.
Explanation.– Where any such person has in his possession any such land jointly or
in partnership with any one else, only his own share of the land in such possession
shall be taken into consideration in computing the 50 acres for the purpose of this
sub-section.
(2) If a person owning more than 100 acres of land has in his possession
culturable land in excess of 50 acres, he shall within three months of the date on
which the Punjab Tenancy (Amendment) Act, 1952, comes into force, and if such
person is in the military service of Pakistan on that date, then within six months of his
release from such service, let out the area in excess of 50 acres to tenants on terms
permissible under the law:
Provided that if the said land in excess of 50 acres is under crop at the time of
the coming into force of the aforesaid Act, it shall be so let out within one month of
the removal of the crop:
Provided further that if the land to be let out has been prepared for sowing,
the person who has so prepared it shall be entitled to compensation from the person
to whom the land is let out, and such compensation and the mode of its payment
shall, in case of a dispute, be assessed and determined by the Revenue-Officer
referred to in sub-section (4) in accordance with the provisions of this Act, in so far
as these may be applicable.
(3) Where a person not owning more than 100 acres of land on the date of
the coming into force of the Punjab Tenancy (Amendment) Act, 1952, acquires by
any means more land which alongwith land already owned by him totals more than
100 acres, he shall, within three months of such acquisition, let out to tenants so
much of the land as is in his possession in excess of 50 acres of culturable land, and
the provisos to sub-section (2) shall in so far as applicable apply to this case.
(4) If any person who is required by sub-section (2) or sub-section (3) to let
out any land fails to find suitable tenants, he shall, before the expiry of the period
fixed by the relevant sub-section, intimate the fact in writing to the Revenue-Officer,

184
Added by the Punjab Tenancy (Removal of Doubts and Amendment) Act, 1975 (XXXVIII of 1975), w.e.f. 2.12.1974, s.4; and
published in the Punjab Gazette (Extraordinary), dated 25.6.1975, pages 942-YYY to 942-BBBB.
185
Added by the Punjab Tenancy (Amendment) Act, 1952 (VII of 1952), w.e.f.4.2.1952, s.5; and published in the Punjab
Gazette (Extraordinary), pages 85-92.
who would be competent under the law to entertain an application for the ejectment
of the tenant from the land, if such land had been let out to him, and such Revenue-
Officer shall proceed in accordance with such rules as may be framed by
Government to find suitable tenants for the land.
(5) When a person acts under sub-section (4), he shall let out the land to
tenants recommended by the Revenue-Officer, and in case he fails to do so, he shall
be deemed to have contravened the provisions of this section, and besides any other
penalty which may be imposed on him under the law, the Revenue-Officer referred
to in sub-section (4) shall have the power to settle tenants on the land which such
person is keeping in excess of the limits prescribed by this section:
Provided that if the Revenue-Officer fails to find tenants for the land, and in
consequence thereof such person continues to occupy any land in excess of the
prescribed limits, he will not be deemed to have contravened the provisions of this
section:
Provided further that in a case covered by the first proviso the Revenue-
Officer will have the power to settle tenants on the land at proper time, whenever he
is able to find suitable persons for this purpose.
(6) Where a person has in accordance with the provisions of sub-section
(2) or sub-section (3) made a choice with respect to the land which he is to keep for
his personal cultivation, he shall not thereafter have the right to claim any other land
in lieu of the whole or part of that land, even though he may have lost that land
through alienation:
Provided that he shall have the right of exchanging the said area of 50 acres
or any part thereof with any land in which he may acquire proprietary rights, by
inheritance, after having made the said choice:
Provided further that if the land reserved by a person for personal cultivation
186
or any portion thereof is compulsorily acquired by the Provincial or the [Federal
Government], or is rendered darya burd, or if 50 per centum or more of such land is
rendered totally unculturable on account of the action of Sem or Thur, the said
person shall be entitled to so much additional area, as with the area, if any, still in his
possession, and in the last mentioned case, the area fit for cultivation, will make up
50 acres.
(7) Land attached to and used for the purposes of a cattle farm or a stud
farm recognised by Government shall be exempt from the provisions of this section.
But an owner of any such farm shall not be entitled to retain for personal cultivation
any other land, even though the land attached to such farm is less than 50 acres.
Explanation.– For the purposes of this sub-section a cattle farm means a farm of
agricultural land which is exclusively reserved for the purposes of breeding cattle,
and a stud-farm means a farm of such land exclusively reserved for breeding of
horses or mules.
(8) A person who owns 25 acres of land or more shall not be selected or
given any land as a tenant under sub-section (2), (3), (4) or (5) and no tenant shall
be allowed more than 25 acres as such.

186
Substituted for the words “Central Government” by the Federal Adaptation of Laws Order, 1975 (P.O. No.4 of 1975), w.e.f
1.8.1975 Article 2 & Schedule; and published in Gazette of Pakistan (Extraordinary), pages435-467.
 (9) Government may, by notification in the official gazette, exempt any
person or class of persons owning land or any land or class of land from the
operation of this section.
Explanation 1.– For the purposes of computing the area for personal cultivation an
acre of unirrigated culturable land shall be counted as half an acre and the terms
irrigated and unirrigated shall be defined by rules framed by Government under this
Act, and if there is in the opinion of the Government any land which does not fall
under these two categories, the rules shall prescribe a separate category for it, and
shall fix the ratio which such land shall bear in relation to irrigated land for purposes
of such computation.
Explanation 2.– For the purposes of this section, land under a garden which is in
existence on the date of the coming into force of the Punjab Tenancy (Amendment)
Act, 1952, and which according to the nature of the trees planted is deemed fully
covered, shall not be treated as culturable even though any portion thereof may be fit
or actually used for purposes of cultivation. But if a garden is planted in any land
after the coming into force of the aforesaid Act, the land thereunder shall be treated
as culturable.
Explanation 3.– For the purposes of this section, if land, which according to the
provisions of the revenue law for the time being in force is banjar qadeem and is
shown in revenue record as such is brought under cultivation or a garden is planted
therein, shall continue to be treated as not culturable.
Explanation 4.– For the purposes of this section cultivation through any direct
descendant of the person owning land or his wife or servant or hired labour shall be
treated as personal cultivation by the said person.
Explanation 5.– For the purposes of this section a mortgagee of land with
187
possession, a tenant of Government land under the [Colonization of Government
Lands (Punjab) Act, 1912], who has not acquired proprietary rights, a lessee other
188
than a lessee of [Government land], and an allottee whether provisional or
permanent of land under the law for the rehabilitation of refugees for the time being
in force shall be deemed to be a person owning such land].
189
[116. Offences.– (a) If any landlord–
(i) recovers from any tenant anything in the shape of a cess, village cess
or other contribution or due or any other free service in addition to the
rent payable in respect of the land held by the latter under the former;
or
(ii) recovers from the tenant in lieu of the seed supplied to him anything in
excess of the seed actually supplied; or
(iii) ejects a tenant forcibly or against the provisions of law; or

187
Substituted for “Colonization of Crown Lands Act, 1912” by the Punjab Laws (Adaption, Revision and Repeal) Act, 1954 (XV
of 1955), w.e.f.21.1.1955, s.2 and first schedule; and published in the Punjab Gazette (Extraordinary), pages 87-108.
188
Substituted for the words “Crown land” by the West Pakistan Laws (Adaption) Order, 1964, (P.O. No. 1 of 1964), w.e.f.
8.6.1962, s.2 and Schedule; and published in the Gazette of West Pakistan (Extraordinary) dated 3.6.1964, pages 1805-1849.
189
Added by the Punjab Tenancy (Amendment) Act, 1952 (VII of 1952), w.e.f.4.2.1952, s.5; and published in the Punjab
Gazette (Extraordinary), pages 85-92.
 (b) if any person owning land contravenes the provisions of section
115; or
(c) if any tenant refuses or fails to vacate any land in compliance
with an order passed by competent authority–
he shall be guilty of an offence punishable with imprisonment of either
description which may extend to one year or fine or with both].

190
[THE SCHEDULE * * * * *]

190
Repealed by the Amending Act, 1891 (XII of 1891),s.2 and the first schedule; and published in the Gazette of India, dated
21.3.1891.