THEMANUAL OF

TENANCY LAWS****************************************

TABLE OF CONTENTS****************************************

THEPUNJAB

TENANCY ACT, 1887Preamble 1

CHAPTER IPRELIMINARY

1. Title, extent and commencement. 62. Powers to make rules in anticipation of

commencement.7

3. Repeal. 74. Definitions. 7

CHAPTER IIRIGHTS AND OCCUPANCY

5. Tenants having right of occupancy. 136. Right of occupancy of other tenants

recorded as having the right before passingof Punjab Tenancy Act, 1868.

25

7. Right of occupancy in land taken inexchange.

28

2

8. Establishment of occupancy on groundsother than expressly stated in Act.

28

9. Right of occupancy not to be acquired bymere lapse of time.

32

10. Right of occupancy not to be acquired byjoint owner in land held in joint ownership.

33

11. Continuance of existing occupancy right. 3412. Respective rights of landlord and tenant to

produce.36

13. Commission and alteration of rent. 3814. Payment for land occupied without consent

of landlord.40

15. Collection of rents of undivided property. 4115 – A Rights and liabilities regarding rent and

Government duties.43

16. Presumption with respect to produceremoved before division or appraisement.

44

17. Appointment of referee for division orappraisement.

45

18. Appointment of assessors and procedure ofreferee.

46

19. Procedure after division or appraisement. 4620. Enhancement of produce rents of occupancy

tenant.48

21. Reduction of rents referred to in the lastforegoing section.

49

22. Enhancement of cash rents of occupancytenants.

49

23. Reduction of rents referred to in the lastforegoing section.

51

24. Enhancement and reduction of rent by suit. 5125. Discretion as to extent of enhancement or

reduction.-53

3

26. Time for enhancement or reducing to takeeffect.

54

27. Adjustment of rents expressed in terms ofthe land revenue.

54

27 –A.

Adjustment of rent paid by occupancytenant in Attock District.

55

28. Alteration of rent on alteration of area. 5729. Remission of rent by Courts decreeing

arrears.58

30. Remission and suspension of rentconsequent on like treatment of liketreatment of land revenue.

59

31. Power to deposit rent in certain cases withRevenue Officer.

62

32. Effect of depositing rent. 6333. Recovery of rent from attached produce. 6334. Treatment of leases of period exceeding or

equal to term of assessment of land revenue.65

CHAPTER IVRELINQUISHMENT, ABANDONMENT

AND EJECTMENT35. Relinquishment by tenant for a fixed

termed.66

36. Relinquishment by any other tenant. 6737. Relinquishment of part only of tenancy. 6738. Abandonment of tenancy by occupancy

tenant.68

39. Grounds of ejectment of occupancy tenant. 7140. Grounds of ejectment of tenant for fixed

term.73

41. Ejectment of tenant from year to year. 7342. Restriction on ejectment. 75

4

43. Application to Revenue Officer forejectement.

77

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

77

45. Ejectment of tenant from year to year bynotice.

78

46. Power to make rules. 8047. Time for ejectment. 8148. Relief against forfeiture. 8149. Rights of ejected tenants in respect of crops

and land prepared for sowing.82

50. Relief for wrongful dispossession or ejectment. 8450 – A. Bar to civil suits. 8851. Bar of relief by suit under section 9, Act 1 of

1877.88

52. Power for Provincial Government to fixdates for certain purposes.

89

CHAPTERALIENATION AND SUCCESSION TO RIGHT OF

OCCUPANCY52. – A Provision of Chapter V not to apply to

muqararridars89

53. Private transfer of right of occupancy undersection 5 by tenant.

89

54. Procedure on foreclosure mortgagee ofright of occupancy under section 5.

96

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

96

56. Transfer of right of occupancy under anyother section than section 5.

97

57. Rights and liabilities of transferee of rightof occupancy.

98

58. Sub–letting. 99

5

58–A. Transfer of right of occupancy under anysection of the Act by exchange.

100

59. Succession to right of occupancy. 10060. Irregular transfer of right of occupancy by

tenants.113

CHAPTER V-ASUCCESSION TO NON-OCCUPANCY TENANCIES60-A. Succession to non-occupancy tenancies. 115

CHAPTER VIIMPROVEMENTS AND COMPENSATION

61. Improvements by landlords in tenancies ofoccupancy tenants.

116

62. Enhancement of rent in consideration of animprovement made by a landlord on thetenancy of any occupancy tenant.

117

63. Title of occupancy tenant to makeimprovements.

119

64. Title of tenants not having right ofoccupancy to make improvements.

119

65. Improvement made before commencementof this Act.

120

66. Improvements begun in anticipation ofejectment.

120

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

121

68. Liability to pay compensation forimprovements to tenant on ejectement oron enhancement of his rent.

121

69. Compensation for disturbance of clearingtenants.

122

70. Determining of compensation by RevenueCourt.

123

6

71. Determination of compensation byRevenue Officers.

124

72. Matters to be regarded in assessment ofcompensation for improvement.

125

73. Form of compensation. 12674. Relief in case of ejectment before

determination of compensation.127

CHAPTER VIIJURISDICTION AND PROCEDURE

75. Revenue officers. 12976. Applications and proceedings cognizable

by Revenue Officer.130

77. Revenue Courts and suits cognizable bythem: Procedure where revenue matter israised in a Civil Court.

133

78. Superintendence and control of RevenueOfficers and Revenue Courts.

138

79. Power to distribute business and withdrawand transfer case.

139

80. Appeals. 14081. Limitation for appeals. 14182. Review by Revenue Officers. 14183. Computation of period limited for appeals

and applicants for review.143

84. Power to call for examine and reviseproceedings of Revenue Officer andRevenue Courts.

144

85. Procedure of Revenue Officers. 14786. Persons by whom appearances may be

made before Revenue Officers as such andnot as Revenue Courts.

148

87. Costs. 14988. Procedure of Revenue Courts. 150

7

89. Power of Revenue Officer or RevenueCourt to summon persons.

152

90. Mode of service of summons. 15291. Mode of service of notice, order of

proclamation or copy thereof.154

92. Additional mode of publishingproclamation.

154

93. Joinder of tenants as parties to proceedingsrelating to rent.

154

94. Exception of suits under this Act fromoperations of certain enactments.

155

95. Payment of money into Court admitted tobe due to a third person.

156

96. Execution of decrees for arrears of rent. 15797. Prohibition of imprisonment of tenant in

execution of decrees for arrears of rent.157

98. Power to refer party to Civil Court. 15799. Power to refer to High Court questions as

to jurisdiction.159

100. Power of High Court to validateproceeding heard under mistake as tojurisdiction.

161

101. Place of sitting. 163102. Holidays. 163103. Discharge of duties of Collectors dying or

being disabled.164

104. Retention of powers by Revenue Officer ontransfer.

164

105. Conferment of powers of Revenue Officeror Revenue Court.

164

106. Power of Board of Revenue to make rules. 166107. Rules to be made after previous

publication.167

108. Powers exercisable by Board of Revenuefrom time to time.

167

8

CHAPTER VIIIEFFECT OF THIS ACT OF RECORD OF RIGHTS

AND AGREEMENTS109. Nullity of certain entries in record–of–

rights167

110. Nullity of certain agreements contrary tothe Act.

168

111. Saving of other agreement when in writing. 169112. Effect of certain entries made in records-of

rights before November, 1871.170

113. Nothing but rent or seed suppliedrecoverable.

171

114. Extinction of occupancy tenancies. 172114-A. Extinction of Muqarraridari rights. 179114-B. Removal of doubts. 181115. Limits of holding for personal cultivation. 184116. Offences.(a) If any landlord 187

Instructions about proceedings suitbetween landlords and, tenants, financialcommissioner’s standing order No. 2

189

The Punjab Tenancy Validation andExtension of period for payment ofcompensation Ordinance, 1969

197

Rules About Holdings For PersonalCultivation Under Section 115, PunjabTenancy Act, 1887

200

The Punjab Protection and Restoration ofTenancy Rights Act, 1950

204

The Punjab Protection and Restoration ofTenancy of Rights Rules, 1950

213

Punjab Tenancy (Extinction ofMuqarraridari Rights) Rules, 1977

215

Ejected Tenants Schemes 217

9

Scheme of 1958 for resettlement of ejectedtenant in the Province of the Punjab

250

Land Reforms Regulation 267Punjab Land Reforms (Procedure forEjectment Suits) Rules 1974

281

Punjab Land Reforms (Procedure forEjectment Suits) Rules, 1977

THESINDH

TENANCY ACT, 1950

CHAPTER 1PRELIMINARY

1. Short title, Extent and Commencement. 2892. Definitions. 2913. Classes of tenants. 297

CHAPTER IIPERMANENT TENANTS

4. Permanent Tenants. 2995. 2996. 3007. 3018. Tenants –at-will. 3019. Record of tenancy rights. 30210. Permanent rights. 30211. Unalienable and unattachable. 30312. Incapacity. 30313. Termination of tenancy. 30314. Termination by landlord for his own use. 30715. Improvements by permanent tenants. 309

10

CHAPTER IIITENANTS GENERALLY

16. Tenants-at-will. 31017. Batai. 31118. 31119. Joint possession of the produce. 31120. Cash rent. 31221. Abolition of abwabs. 31222. Chher and Begar. 31223. Duties of the tenant. 31324. Duties of the landlord. 31525. General provisions regarding debt. 316

CHAPTER IVSETTLEMENT OF DISPUTES-TRIBUNALS

26. Appointment of Tribunals. 31727. Constitution of Tribunals. 31728. Procedure and powers. 31729. Appeal. 32030. Revision. 32131. Suspension of orders. 32232. Orders to be final. 32233. 323

CHAPTER VMISCELLANEOUS

34. Penalty. 32335. Rules. 32336. 324

11

THEN.W.F.P.

TENANCY ACT, 1950Preamble. 325

1. Short title, extent and commencement. 3252. Definitions. 3263. Non-acquisition of occupancy rights. 3364. Compensation to be paid to the landlord. 337[4-A Determination of occupancy tenancies in

cases where rent in kind is paid.345

4-B Determination of occupancy tenancies inGovernment land

347

4-C. Purchasers to have right of occupancy incertain cases.

348

5. Respective rights of landlord and tenant toproduce.

348

6. Commutation and alteration of rent. 3507. Payments for land occupied without

consent of landlord.351

8. Collection of rents of undivided property. 353[8-A Rights and liabilities regarding rent and

Government dues.353

[8-B Rights and liabilities regarding rent. 3549. Presumption with respect to produce

removed before division.355

10. Finality to the decision of the officerconducting the division.

355

11. Cost of division. 35512. Village cess or service to a landlord. 35513. Alternation of rent on alternation of area. 35614. Remission of rent by Courts decreeing

areas.357

12

15. Remission and Suspension of rentconsequent on like treatment of landrevenue.

357

16. Power to deposit rent in certain cases withRevenue Officer.

359

17. Effect of depositing rent. 35918. Recovery of rent from attached produce. 36019. Treatment of leases for period exceeding or

equal to term of assessment of landrevenue.

360

20. Relinquishment by tenant for a fixed term. 36221. Relinquishment by any other tenant. 36222. Relinquishment of party only of a tenancy. 36223. Grounds to ejectment of tenants for a fixed

term.362

24. Ejectment of other tenants. 36325. Restriction on ejectment. 36626. Application to Revenue officer for

ejectment.367

27. Ejectment for failure to satisfy decree forarrear of rent.

367

28. Ejectment of certain tenants by notice. 36829. Power to make rules. 37030. Time for ejectment. 37031. Relief against forfeiture. 37132. Rights of ejected tenants in respect of crops

and land prepared for sowing.372

33. Relief for wrongful dispossession orejectment.

372

34. Bar to civil suit. 37435. Bar of relief by suit under section 9 (Act I of

1877).375

36. Power of Board of Revenue orCommissioner to fix date is for certainpurposes

375

13

37. Title of tenants to make improvements. 37538. Improvements begun in anticipation of

ejectment.376

39. Tender of lease for 20 years to tenant to be abar to right of compensation.

377

40. Liability to pay compensation forimprovements to tenant on ejectment or onenhancement of his rent.

377

41. Compensation for disturbance of clearingtenants

377

42. Determination of compensation byRevenue Court

378

43. Determination of compensation byRevenue Officers.

378

44. Matters be regarded in assessment ofcompensation for improvement.-

378

45. Form of compensation.- 37946. Relief in case of ejectment before

determination of compensation379

47. Classes of Revenue Officer 38048. Applications and proceedings cognizable

by Revenue Officers.(381

49. Revenue Courts and suits cognizable bythem.(

384

50. Superintendence and control of RevenueOfficers and Revenue Court.(

393

51. Power to the distribute and withdraw andtransfer cases.(

394

52. Appeals. 39453. Limitation for appeals.- 39554. Review by Revenue Officers.( 39555. Computation of period limited for appeals

and applications for review.396

14

56. Power to call for examine and reviewproceedings of Revenue Officers andRevenue Courts.-

396

57. Procedure of Revenue Officers. 40058. Persons by whom appearances may by

made before Revenue Officers as such andnot as Revenue Courts.

401

59. Cost. 40260. Procedure of Revenue Courts. 40261. Power of Revenue Officer or Revenue

Court to Summon persons.403

62. Mode of Service of summons. 40363. Mode of Service of Notice, Order or

Proclamation or copy thereof.404

64. Additional Mode of PublishingProclamation.

404

65. Joinder of Tenants as to Projoinder ofTenants as Parties to Proceedings Relatingto rent.

405

66. Exception of suits under this Act fromOperations of certain Enactments.

405

67. Payment into Court of Money admitted tobe due to a third person.

405

68. Execution of decree for arrear of rent. 40669. Prohibition of Imprisonment of Tenants in

Execution of Decrees for Arrears of Rent.406

70. Power to refer party to Civil Court. 40671. Power to refer to High Court question as to

jurisdiction.408

72. Power of High Court to validateproceeding made under mistake as tojurisdiction.

408

73. Place of Sitting 40974 Holidays. 410

15

75. Discharge of duties of Collector Dying orbeing disabled.

410

76. Retention of Powers by Revenue Officerson Transfer.

410

77. Conferment of Power of Revenue Officer orRevenue Court.

410

78. Power of the Board of Revenue to makeRule.

412

79. Rules to be made after previousPublication.

413

80. Powers Exercisable by the Board ofRevenue or the Commissioner from time totime.

413

81. Nullity of certain entries in record of rights. 41482. Nullity of certain Agreements Contrary to

the Act.414

83. Limitation for Declaration of Occupancyrights.

414

84. Power of Provincial Government to makerules.

415

85. Repeal and saving. 415The N.W.F.P. Tenancy (Fixation ofCompensation to the Landlord) Rules, 1950

418

The N.W.F.P. Tenancy (Fixation ofCompensation to the landlords) Rules, 1981

422

N.W.F.P. Tenancy (Validation andExtension of period for payment ofcompensation) Ordinance, 1969

426

The N.W.F.P. Protection and Restoration ofTenancy Rights Act. 1951 (N.W.F.P. ACTVIII of 1951)

429

16

BALOCHISTANTENANCY ORDINANCE, 1978Preamble 434

CHAPTER 1PRELIMINARY

1. Short title and commencement. 4342. Definitions. 435

CHAPTER IICLASSES OF TENANTS

3. Tenants having rights of occupancy. (1) Atenant.

439

4. Right of occupancy in land taken inexchange

440

5. Establishment of right of occupancy ongrounds other then expressly stated inOrdinance.

440

6. Right of occupancy not to be acquired bymere lapse of time.

440

7. Right of occupancy not to be acquired byjoint owner in land held in joint ownership

440

8. Lathband tenants 4409. Tenants-at-will 441

CHAPTER III RENTRENTS GENERALLY

10. Rights and liabilities regarding andGovernment dues.

442

11. Commutation and alteration of rent. 44212. Payment for land occupied without consent

of landlord.443

17

13. Collection of rent of undivided property. 44314. Presumption with respect of produce

removed before division.444

15. Finality of the decision of the officerconducting the division.

444

16. Cost of division. 44417. Enhancement of produce rents of

occupancy tenants and Lathbands tenants.444

18. Reduction of rents referred to in the lastforegoing Section.

445

19. Enhancement and reduction of rent by suit. 44520. Discretion as to extent or enhancement or

reduction.446

21. Time for enhancement or reduction to takeeffect.

446

22. Alteration of rent on alteration of area. 44623. Remission of rent by Courts decreeing

arrears.447

24. Power to deposit rent in certain cases withRevenue Officer.

448

25. Effect of depositing rent. 44826. Recovery of rent from attached produce. 448

CHAPTER IVRELINQUISHMENT, ABANDONMENT AND

EJECTMENTRelinquishment

27. Relinquishment by tenant for a fixed term. 44928. Relinquishment by any other tenant. 44929. Relinquishment of part only of a tenancy. 45030. Abandonment of tenancy by occupancy

tenant.450

31. Grounds of ejectment of occupancy tenant. 45032. Grounds of ejecment of lathband tenant. 451

18

33. Cognizance of ejectment suit. 45134. Application for ejectment of tenant. 45235. Rule of Procedure. 45336. Contents of order of the Court. 45337. Execution of order of ejcetment. 45338. Time for ejectment. 45439. Notice of ejectment. 45440. Relief against forfeiture. 45441. Relief for wrongful dispossession or

ejectment.455

42. Bar of relief by suit under section 9, Act 1 of1877.

456

43. Power for local Government to fix dates forcertain purpose.

456

44. Grounds of ejectment of tenancy-at-will. 456

CHAPTER VALIENATION AND SUCCESSION TO RIGHT OF

OCCUPANCY45. Private transfer of right of occupancy under

section 3 by tenant.458

46. Procedure on foreclosure of mortgage ofright of occupancy under Section 3.

459

47. Sale of right of occupancy under Section 3in execution of decree.

460

48. Right and liabilities of transferee of right ofoccupancy.

460

49. Subletting. 46050. Succession to right of occupancy. 46051. Irregular transfer of right of occupancy by

tenants.462

19

CHAPTER V-A52. Transfer of a succession to the right of

lathband tenants.462

CHAPTER VIIMPROVEMENTS AND COMPENSATION

53. Improvements by landlords in tenancies ofoccupancy and lathband tenants.

462

54. Enhancement of rent in consideration ofany improvement made by a landlord onthe tenancy of an occupancy tenant andlathband tenant.

463

55. Title of occupancy tenant to makeimprovements.

463

56. Title of lathband tenant to makeimprovements.

463

57. Title of tenants-at-will to makeimprovements.

464

58. Improvement made before commencementof the Ordinance.

464

59. Improvement begun in anticipation ofejectment.

464

60. Tender of lease for twenty years to tenantto be a bar to right to compensation.

464

61. Liability to pay compensation forimprovements to tenant on ejectment or onenhancement of his rent.

464

CHAPTER VIIJURISDICTION AND PROCEDURE

62. Revenue Officer. 46563. Applications and proceedings cognizable

by Revenue Officers.465

20

64. Revenue Courts and suits cognizable bythem:

467

65. Superintendence and control of RevenueOfficers and Revenue Courts.

471

66. Power to distributes business andwithdraw and transfer case.

472

APPEAL, REVIEW AND REVISION67. Appeals. 47268. Limitation of appeals. 47369. Review by Revenue Officer. 47470. Computation of period limited for appeal

and application for review.475

71. Power to fall for, examine and reviseproceedings of Revenue Officers andRevenue Courts.

475

72. Procedure of Revenue Officers. 47773. Persons by whom appearances may be

made before Revenue Officers as such, andnot as Revenue Court.

478

74. Costs. 47875. Procedure of Revenue Courts. 47876. Powers of Revenue Officer or Revenue

Court to summon persons.479

77. Mode of service of summons. 47978. Mode of service of notice, or proclamation

or copy thereof.480

79. Additional mode of publishingproclamation.

480

80. Joinder of tenants as parties to proceedingsrelating to rent.

481

81. Exemption of suit under this Ordinancefrom operation of certain enactments.

481

21

82. Payment of money into Court admitted tobe due to a third person.

481

83. Execution of decree for arrears of rent. 48284. Prohibition of imprisonment of tenants in

execution of decree for arrears or rent.482

85. Power to refer party to Civil Court. 48286. Power to refer to High Court question as to

jurisdiction.483

87. Power of High Court to validateproceedings held under mistake as tojurisdiction.

483

MISCELLANEOUS88. Place of sitting. 48489. Holidays. 48590. Discharge of duties of Collector dying or

being disabled.485

91. Retention of powers by Revenue Officerson transfer.

485

92. Conferment of powers of Revenue Officersor Revenue Court.

485

93. Power of Board of Revenue to make rules. 48694. Rules to be made for previous publication. 487

CHAPTER VIIIEFFECT OF THIS ORDINANCE ON RECORD-OF-

RIGHTS AND AGREEMENTS96. Nullity of certain entries in Record-of-

rights.488

97. Nullity of certain agreements contrary tothe Act.

488

98. Saving of other agreements when inwriting.

489

22

99. Effects of certain entries made in record-of-rights before the coming into force of thisOrdinance.

489

100. Nothing but rent or seed suppliedrecoverable.

490

101. Extinction of occupancy tenancies. 490102. Limits of holding for personal cultivation. 492103. Offence. 496

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