Punjab Tenancy Act, 1887

Punjab Tenancy Act, 1887

Right of occupancy tenancy how created: A tenant creates Occupancy tenancy in the following ways or essential conditions for setting up a right of occupancy are:

1.            Payment of rent: He has not been paying the rent of land equal or greater than of the amount of Land Revenue of the certain land. This payment is conditioned with the commencement of Tenancy Act. This payment should be at the time of enforcement of this law.

2.            Preceding (former, past) of two generations: Second thing, which is to be proved in order to acquire occupancy right is that two generations in the male line of descent through grandfather or granduncle have being, occupied the land. Payment of rent was not equal or greater than the actual rate of Land Revenue and Cesses of the land occupied.

3.            Period of occupation: Before the enforcement of Tenancy Act, period of his occupation should be more than twenty years.

4.            Once owner: To claim right of occupancy, he has to further prove that he was once owner of such land.

5.            Reasons of cessation: If he had ceased his ownership over the land, it was neither by the act of government, i.e., forfeiture nor it was voluntarily. The reasons should be other than of the above reasons.

6.            Continuous occupation: He has to prove his continuous occupation when he ceased his ownership over the land.

7.            Settlement: He has to further prove to establish his right of occupancy that he was settled in village as a cultivator where the land is situated. He can also prove his settlement by founder of the village and cultivation in that village. He was associated with the founder, during the initial stages of foundation in development of the village.

8.            Certain settlement: Land of village in which its founder settled him on October 21, 1868.

9.            Occupation with founder: He has to also prove that he was settled with founder and payment of rent was less than the rate of Land Revenue and Cesses of that certain land.

10.        Thirty years’ occupancy: There is another proof of occupancy rights that tenant had continuous occupancy till thirty years. His payment of the rent was not greater than of the amount of the Land Revenue of the certain land.

11.        Occupation being Jagirdar (iAejÎŒBU): He has been the Jagirdar of the estate or part of the estate.

12.        Occupation as Jagirdar: He was continuous occupant as Jagirdar for equal or more than twenty years.

13.        Tenant in Record-of-Rights (ROR): He also can prove that he was recorded as tenant in Record-of-Rights (ROR) before October 21, 1868. Provincial Government had sanctioned this right.

14.        Occupancy since preparation of record: He can prove his occupancy that he was continuous occupancy tenant of that land since the time of preparation of record.

15.        Exchange of land: If tenant has exchanged his land or portion of land under the same landlord shall not effect his status of occupancy and he shall remain occupancy tenant.

16.        Unspecified reasons: He may establish his right of occupancy of the grounds other than specified under Tenancy Act. His claim may be based upon the comparison with other land. If the rights were acquired after 15 years’ occupancy in other adjacent village, he may also claim right on that base. There may be customary rules and promise of landlord that he not ejects tenant.

17.        Trespass: Trespasser can claim occupancy right against another occupancy tenants.  If there is barrier between law and custom, then custom shall prevail.

Respective rights of landlord and tenant to produce: Both landlord and tenant have certain rights as follows:

1.      First charge: Rent which is payable for the time being is the first charge on produce. Arrears of the rent are not taken into consideration. Tenant cannot deprive his landlord from rent by selling the produce. Rent is deduct-able from the sale proceed.

2.      Rights of cultivation: A tenant has right to tend (manage), cut, and harvest the produce. Landlord cannot interfere in his act of cultivation.

3.      Possession of produce: Tenant has exclusive right of possession of all the produce except where rent is taken by division of produce.

Rent by division of produce: Landlord and tenant have certain entitlements over produce where rent is payable on its division:

1.      Exclusive possession till division: It is entitlement of the tenant to hold produce until it is divided.

2.      Presence of landlord: It is entitlement of landlord to keep himself present at the time of division of produce. He also may take part in division.

3.      Possession of share: Landlord may carry away his own share after the completion of division without any interference.

Commutation of rent: Rent can be paid in many ways such as:

1.      Division: Division of produce pays it.

2.      Fixed rate: It keeps in view of nature of corps grown. It includes also fixed amount.

3.      Area: Recognized measure of area is another way of rent’s payment.

4.      In gross: Rent can be taken in gross on the tenancy.

5.      Partly: Rent also can be taken partly of above methods.

Consents: Consents of both landlord and tenant are compulsory for any transaction.

Maximum rate of rent: No in any circumstances rate of rent shall be more than 43% of total produce.

Exception: There is an exception in this rule. If any tenant holds any land on more favorable conditions at the time of enforcement of law, he shall continue to do so and this Act shall note affect him.

Payment of government dues: Government dues shall be applicable at the same ratio in which they share the produce. If landlord takes 60% produce as rent, landlord shall be liable to pay Land Revenue 60% and tenant shall pay 40% of Land Revenue.

Exception: There is another exception to this rule. If tenant has been paying revenue at lesser rate, he shall not pay more.

There is another exception to this rule. If share of tenant in produce increases than 60%, he shall pay additional amount of Land Revenue according to his share in produce, which now has been increased.

Settlement of dispute: If any dispute arises between landlord and tenant in respect of rent payable by latter to former, it shall be referred to Revenue Court for settlement.

Extinction of occupancy tenancy: After the enactment u/s 114 of The Punjab Tenancy Act, no person shall become occupancy tenant. Not only present occupancy has been abandoned but also the door for future occupancy tenancy has been closed.

Status of existing laws: Any enactment of present law, contract, decree of Court, order of Court, or other authority have been superceded by the new enactment.

Law relating to extinction: Present or existent occupancy tenancy has been extinguished. Now no fresh occupancy tenancy shall be created in any way. Present occupancy tenants shall be made landowners with or without making compensation, whatever government shall decide.

Law relating to property other than private: As it is clear from the contents of S. 114 of the Act that only private property is liable to extinct occupancy tenancy without allowing afresh occupancy but there is exception to this rule as to the property of government and evacuee. Where there, occupancy tenancy is existed on the said land not only it shall continue to exist but also afresh occupancy tenancy can be acquired. Law does not effect the tenancy existed on the property other than private.

Formation for becoming owner: Since law has provided grounds for the acquisition of ownership on occupancy tenancy, therefore rules are made as to how tenants shall take ownership on such property with or without making any compensation. There are four rules, which govern acquisition of ownership. They are described as follows:

1.      Where rent is equal to government dues: Where occupancy tenant holds land and pays rent which does not vary from the payment of government dues, i.e., his rent matches with the government dues such as Land Revenue or other Cesses, he shall be made owner on of the tenancy without making any compensation to its landlords.

The only determinant point in this case is equation of rent with Land Revenue and other Cesses. As soon as they vary, his right to occupy without making any compensation extinguishes.

2.      Where he pays rent in produce: There may be an agreement to pay rent either in cash or produce. Where there, rent is paid in produce, tenant may acquire ownership on such tenancy without making compensation. It does not mean that the entire tenancy shall vest to such tenant. However proportionate in payment of rent in produce shall determine the area of occupancy which he shall acquire without payment of compensation.

For example, he pay rent in produce at the ratio of 60% and 40%, i.e., he holds 60% produce and pays 40% produce as rent, he shall acquire only 60% of his tenancy as ownership. This is most equitable mode of acquisition of ownership. Remaining 40% land shall go to its present landlord.

3.      Where tenant pays cash as rent, with compensation: Where mode of payment of rent is decided in cash there occupancy tenant may acquire ownership only when he makes compensation to its landlord. Tenant may acquire whole of the land on which he had right of occupancy tenancy.

How rates of compensation are determined: Only government is competent to frame such rules as to how compensation is to be made. Government had made such rules under Order No. 664 on March 16, 1953.

4.      Where rent is paid partly in cash and produce: There may be an agreement between landlord and occupancy tenant for the payment of rent partly, i.e., both in cash and produce. Both cash and produce in rent shall determine his share in acquisition of ownership on such tenancy. For which portion of tenancy he pays rent in cash, he may acquire ownership by making compensation as per government rules.

For example, a tenant holds 20 acres land from which on 10 acres, he pays rent in cash. He may acquire ownership on such 10 acres with making compensation to landlord.

Portion for which he pays rent in produce, he acquires ownership without making any compensation to its landlord.

For example, he holds 20 acres land as tenancy. He pays rent in produce only for ten acres. He may acquire ownership on his tenancy but to the extent of payment, of rent in produce. For instance, he pays rent upto 40% of produce and holds remaining 60% of produce. He shall acquire ownership on 60% of 10 acres, i.e., 6 acres.

Advancement of loans: Government takes into consideration the financial position of tenants. Normally they do not have such money, which they may pay in compensation for acquisition of ownership. They need money. Government establishes fund for the advancement of loans to tenant so that they may acquire ownership. These loans are issued on easy terms and conditions and are payable in easy installments. This step enables them to facilitate in making compensation.

Transitory period: Government had introduced such amendment in 1952. Government also had to frame rules regarding the payment of compensation where acquisition of ownership was linked with the payment of compensation. Terms and conditions of the tenancy may vary time to time. Rent may increase or decrease. Form of rent may vary from cash to produce or both. What status of tenant shall determine the category of tenant in which he falls? Only status of tenant at the time of enactment shall determine his category in which he falls whether he shall pay compensation or not and if he has to pay compensation, at what rate and how? Subsequent changes in terms and conditions of the agreement have not effect in this regard.

Limits of holding for personal cultivation u/s 115: In agricultural reforms government had imposed certain restrictions on holding of irrigated culture-able land. Specific land for specific person has been specified.

Maximum limit of holding for landlord: Where any person holds more than 100 acres irrigated culture-able land for personal cultivation, shall retain maxim 50 acres land for personal cultivation.

Maximum limit for joint ownership: Where person holds land jointly or in partnership, only his personal share shall be taken into consideration for the purpose of commutation of his share. Total holding shall have no effect on the personal holding. Rest land shall be treated in the holding of other co-owners.

Limitation: Law has imposed certain limitations on retention of land for personal use keeping in view of class of person and class of land in question. These limitations can be categorized into four classes such as:

1.      In case of ordinary person: Where an ordinary person holds land more than 100 acres out of which 50 acres area is culture-able, he shall retain 50 acres culture-able area. Land in excess of 50 acres shall be let out to the tenants on the terms and conditions which law permits. This settlement may take maximum period of three months after the enactment. Period exceeding three months renders landlord liable.

2.      In case of military service: Where any person who is in military service, holds land more than 100 acres including 50 acres culture-able shall retain maximum 50 acres culture-able land. He has to decide this case within maximum six months after release from his military service. He has to let out excessive land to present tenants on the terms and conditions which law shall prescribe latter. Violation of limitation period shall render him liable.

3.      In case of standing crops: Area which is under crop at the time of enforcement of enactment, limitation period shall be one month after the crop is off the ground (when removal of crop takes place).

4.      Where landlord acquires land subsequently: There may be a case where a landlord holds land less than 100 acres at the time of enactment. If he acquires more land adjacent with existing holding, he shall be liable to transfer extra land to his present tenants within three months. He may retain 50 acres culture-able land.

Where land has been prepared: Where land has been prepared for sowing (drill, plant, broadcast seed), landlord reserves the right of compensation from the person who acquires it. Both landlord and tenant shall decide the amount of compensation. In case of dispute in determination of compensation, Revenue Officer shall decide the amount and mode of payment according to the provisions of law.

Where tenants are not available: Where tenants are not available for such grant, landlord shall report to Revenue Officer before the expiry of limitation for such transfer. Where Revenue Officer fails to find out tenant for such transfer, landlord may continue occupation for cultivation till the availability of such tenant.

Failure of landlord in reporting to Revenue Officer: Where landlord fails to report Revenue Officer the fact of non-availability of tenants for settlement, Revenue Officer shall impose penalty prescribed by law.

Power of Revenue Officer: Where landlord fails to report within limited period, Revenue Officer shall reserve the right to find out tenants and their settlement at his choice. Revenue Officer has also power to call for applications from willing tenants for their settlement on prescribed form.

Maximum limit for tenant: Maximum limits for the settlement of a tenant is 25 acres. All persons who hold already more than 25 acres shall not be considered for further allotment. As such allotment more than 25 acres shall not be allowed in any circumstances.

Choice of landlord: Landlord reserves the right to select the piece of land for his personal cultivation upto maximum 50 acres of culture-able land.

Choice of tenant: Tenant has also right of choice for such transfer of land where he cultivates more than 25 acres area. He may choose maximum 25 acres of land under his tenancy.

Cultivation through agent: Where any person cultivates the land himself or through his agent, such as wife, servant, or labour, shall be deemed land under his personal cultivation.

Commutation of land: Where area for personal cultivation is to be commuted, there an un-irrigated area shall be counted half than of irrigated culture-able area. Where a person holds 100 acres un-irrigated culture-able area, he shall be deemed owner of entire area of 100 acres. Where a landlord holds 125 acres land out of which 25 acres is irrigated culture-able land and 100 acres is un-irrigated culture-able land, he may retain total 75 acres including 25 acres of irrigated culture-able land and 50 acres un-irrigated culture-able land.

Exceptions: Exceptions are always there particularly where interest of needy person lies. Apart from the agricultural reforms, there are certain disabilities, which cause restrictions in prosperity of tenants. These exceptions can be described as follows:

1.      Cattle farm: Cattle farm is exempted from such settlement of tenants. It has not limits. Unlimited area in name of process of cattle breeding can be retained.

2.      Stud farm: Stud farm is also exempted from the action of such agricultural reforms. Operation of law does not effect stud farm. It is a piece of land, which is exclusively reserved for breeding of horses or mules (hybrid, crossed).

3.      Land attached to farms: Not only cattle and stud farms are exempted from operation of such law but also land attached to such farms also is exempted.

Capacity of Revenue Officer: Revenue Officer acts in dual capacity under Tenancy Act, such as Revenue Officer and Revenue Court. Revenue Officer solely acts under Land Revenue Act. His enquiry is in nature of summary enquiry and his decision is called order. But under Tenancy Act, his proceedings are detailed and his decision is called decree.

Grounds of ejectment of occupancy tenant: As a general rule, occupancy tenant cannot be ejected without any proper reason. Law provides certain reasons, which governs the ejectment of occupancy tenant. A tenant is liable to be ejected on the following grounds:

1.      Inconsistent use of land: Land is given for a specific use. It may include cultivation or animal husbandry. If tenant has used land for the purpose, which was not allowed to use, he can be ejected from his occupancy tenancy.

For example, land is given for the purpose of cultivation and tenant has used it for the construction of tank. This is an act inconsistent with the purpose for which it was let out.

This is, that’s why, land becomes unfit for a specific use and law gives protection to its owner in order to keep land fit for specific use.

2.      Failure in cultivation for payment of rent in kind: There may agreement for the payment of rent in kind other than of cash. Tenant is supposed to cultivate the land in the manner of customs in that locality in which land situates. If tenant fails to cultivate his land in the specific manner without any sufficient cause, he loses his right to continue occupancy tenancy. He is liable to eject from such land.

Here again law gives protection to the interest of its owner. His right lies in the receipt of rent in term of kind. Failure of tenant in cultivation puts him unable to abide the provisions of his agreement thus he is liable to be ejected.

3.      By decree of Court: Where tenant commits default in payment of rent, landlord reserves right to invoke at the door of Court. Court after hearing the case may pass a decree against tenant. Tenant is liable to satisfy the decree of Court, i.e., he has to pay rent including all arrears. If he remains fail to satisfy decree of Court, he shall be liable for ejectment.

Grounds of ejectment of tenant for a fixed term: Tenant for a fixed term is a tenant whose term of tenancy exceeds from one year. He becomes tenant in result of contract with his landlord. Apart from contract with landlord, also decree or order of competent authority may create tenancy for a fixed term exceeding one year. He can be ejected from his tenancy on the following grounds:

1.      Expiry of contract: As it is clear from its nomenclature that this is a tenancy for a specific period provided in a contract. As soon as this fixed period expires, tenancy automatically expires.

For example, a contract provides tenancy for five years. As the last day of fifth year passes, tenancy of fixed term automatically expires.

There may be other reasons of his ejectment before expiry of fixed term. He may be ejected from his tenancy, on following grounds, before expiry of a fixed term:

2.      Inconsistent use of land: Land is given for a specific use. It may include cultivation or animal husbandry. If tenant has used land for the purpose, which was not allowed to use, he can be ejected from his occupancy tenancy.

For example, land is given for the purpose of cultivation and tenant has used it for the construction of tank. This is an act inconsistent with the purpose for which it was let out.

This is, that’s why, land becomes unfit for a specific use and law gives protection to its owner in order to keep land fit for specific use.

3.      Failure in cultivation to payment in kind: There may agreement for the payment of rent in kind other than of cash. Tenant is supposed to cultivate the land in the manner of customs in that locality in which land situates. If tenant fails to cultivate his land in the specific manner without any sufficient cause, he loses his right to continue tenancy for a fixed term. He is liable to eject from such land.

Here again law gives protection to the interest of its owner. His right lies in the receipt of rent in term of kind. Failure of tenant in cultivation puts him unable to abide the provisions of his agreement thus he is liable to be ejected.

4.      Under provisions of contract, decree, or order: This is wide enough provision of law which covers various aspects of ejectment. Tenant can be ejected on any reason, which is justified.

For example, tenants have mortgaged land in violation of contract or he fails to pay arrears under any decree of Court or he fails to comply with the order of competent authority without any justification. He is liable to be ejected from his tenancy.

Ejectment of tenant from year to year: A tenant who is neither occupancy tenant nor a tenant of a fixed term is tenant year to year. Such tenant can be ejected in following cases:

1.      Expiry of contract: As it is clear from its nomenclature that this is a tenancy for a specific period provided in a contract. As soon as this fixed period expires, tenancy automatically expires.

For example, a contract provides tenancy for one year. As the last day of first year passes, tenancy of fixed term automatically expires.

2.      By notice: Landlord may get extinguished tenancy of year to year before expiry of period. He requires giving notice to Revenue Officer for such intention. If Revenue Officer satisfies that there is sufficient reason of his ejectment and it shall not cause any objection on the part of tenant, may order for the ejectment of a tenant of year to year.

Restriction on ejectment: Where law protects the interest of landlord there law takes into consideration the interest of tenant also. Protection of tenant is as important as the protection of landlord is. Law has imposed two restrictions on the ejectment of tenants. These are as follows:

1.      Decree for arrears of rent: Mere non-payment of rent or arrears is not sufficient cause for his ejectment. If Court satisfies then may issue decree for ejectment but if he pays rent or rent including arrears, he cannot be ejected from his tenancy. It means satisfaction decree in relation with rent, payment or rent saves his tenancy.

2.      Absence of rights of tenancy: Where tenant has not right of occupancy tenancy right or has not right for year to year tenancy, he can be ejected. But if subsequently he acquires such right, he cannot be ejected.

These are only two reasons in which he can be ejected but these reasons remain qualified.

Deposit of rent in Court: There may be certain cases in which tenant is obliged to deposit rent in Court rather than payment to landlord. There are only two cases in which tenant may deposit rent in cash to Court:

1.      Refusal of receipt of rent: When landlord refuses to receive rent in cash or refuses to acknowledge the rent so payable, tenant may deposit rent to Court. Refusal of landlord may include making out a case of arrears of rent against the tenant. It is sufficient cause on the part of tenant for the deposit of rent in Court.

2.      Doubt of entitled person: There may be situation whereby tenant may doubt, as to who is the person entitled to receive the rent. This situation may arise in the cases where several landlords hold land under joint ownership or where there is dispute between mortgager and mortgagee, as to who shall receive rent. This is sufficient cause and ground for the applicant to deposit rent to Court.

Cash: It is notable point here that rent must be only in the form of cash. Payment of rent in kind is not subject to deposit in Court. Court is only competent to receive cash and not kind.

Effects of deposit rent: Rent so deposited in Court has certain effects. They may be mentioned as such:

1.      Discharge of an obligation: Tenant is responsible to pay rent to his landlord. As he deposits rent in Court after refusal of landlord, it is deemed that he has discharged his duty to pay rent to his landlord in respect of rent due. Deposit in Court discharges him from any liability.

2.      Notice of Revenue Officer: As soon as Revenue Officer receives the deposit, he issues the notice of such receipt to the person entitled or having such interest. It is upto Revenue Officer that who are interested or entitled persons for the receipt of rent.

3.      Payment of rent: After the issuance of notice, Revenue Officer pays rent to the person to whom he thinks entitled to receive amount.

4.      Retention of deposit: If there is any case pending in competent Court regarding such payment, Revenue Officer shall retain the deposit until the decision of component Court. As soon as Court decides about the entitled person, Revenue Officer pays deposit to him.

5.      Privilege of Revenue Officer: Here Revenue Officer has qualified privilege. No person can institute suit against Revenue Officer as to his act under law regarding the receipt of deposit and notice to possible claimants.

Succession to right of occupancy for Muslim tenant: According to new enactment right of occupancy is succeeded according to Muslim Personal Law. Muslim Personal Law governs the law of inheritance.

To whom, right transfers: According to Muslim Personal Law right devolves on the heirs of deceased person. Muslim Personal Law shall determine as to who shall succeed. Whatsoever heirs are, Muslim Personal Law shall determine the rights.

Exceptions to this rule: There are certain exceptions to this rule such as:

In case of widow: Where widow is the limited owner and dies, rights are transferred to the entitled heirs according to Muslim Personal Law. It should be taken into consideration that person was died at the time of applicability of Muslim Personal Law.

Where heir dies: If heir dies after applicability of Muslim Personal Law, succession devolves on his heirs existing at the time of termination of limited interest of such female.

Extinction of occupancy rights: Where deceased leaves no legal heirs to whom occupancy may devolve according to Muslim Personal Law, such occupancy extinguishes.

Occupancy tenancy extinguishes where none of daughters of tenant could succeed him.

Daughter cannot hold tenancy by adverse possession.  Sons should have succeeded deceased by their father’s right.

Succession of right of occupancy in case of non-Muslim: When a non-Muslim tenant having a right of occupancy in any land dies, the right shall devolve as follows:

1.      Male descendents: Upon the death of non-Muslim occupancy tenant, right is devolved on his male lineal descendent, if any, in the male line of descendent. Male lineal descendants include the sons of the tenants and sons of such sons without limit and where the personal law of the tenants permits his adopted son also.

2.      Widow: Where no male line descendent is available this right is devolved on the widow of deceased tenant, if any. This right of occupancy rests to her until she dies or remarries or abandons the land or she is ejected from such tenancy. The right of the widow arises only on failure the male lineal descendents of the deceased occupancy tenant. Where posthumous son of deceased is born, his male lineal descendants fail temporarily and widow acquires the right until he becomes competent.

Abandonment like ejectment terminates the rights of the widow and the right of occupancy at once devolves upon the next claimant.

If a widow succeeds to a right of occupancy abandons the right by non-cultivation, the right at once devolves on the collateral (descendant from different line).

3.      Widow’s mother: Where widow and other relevant descendants fail to succeed, right of occupancy devolves on his widowed mother, if any. This right rests until she dies or remarries. Abandonment or ejection under law also extinguishes her right.

4.      Collateral relatives: Where all of above, such as male lineal descendants, widow, widow’s mother, fail, then this right devolves on collateral relatives in the male line of descend from the common ancestor (forefather) of the deceased tenants and those relatives.

5.      Extinction of occupation tenancy: Where deceased tenant leaves no successor as required under law on whom his right of occupancy may devolve, the right of occupancy extinguishes.

Condition of succession: Right of succession devolves on the condition to descendants and collateral relatives if land is situated in the village where such right situates.

Restriction of alienation: Law imposes restriction on widow for not to alienate the land for more than one year. She is not allowed for sale, gift, mortgage, or sub lease. She can exercise her right only for a year.

Application and proceedings cognizable (observable) by Revenue Officer: Law lays down certain applications and proceedings which shall be disposed of by Revenue Officer as such and not Court shall take cognizance of any dispute or matter with respect to which any such application or proceeding might be made or had.

Court means the Civil as well as the Revenue Court of the same grade but though the person is the same, when he acts in his judicial capacity he is called Revenue Court. It is very significant to note that in the disposal of the above mentioned application he acts not as a Revenue Court but as a Revenue Officer because the effect of his decision in both the capacities, as well shall presently, seen is quite different.

1.      In First Group, Collector or Assistant Collector of first grade may dispose of any application mentioned as follows:

(1)        Adjustment of rent: Application in which rent is to be adjusted for the purpose of Land Revenue according to S. 27 is cognizable to Revenue Officer.

(2)        Adjustment of rent in Attock District: Application in which rent is to be adjusted for the purpose of Land Revenue according to S. 27 in Attock District.

(3)        Remission and suspension of rent: Application in which remission and suspension of rent is requested under S. 30.

(4)        Ejectment in default of rent: Where landlord applies for the ejectment of occupancy tenant in default of payment of rent and arrears and Court has passed a decree against such tenant. Decree must remain unsatisfied. Revenue Officer may eject such tenant.

(5)        Compensation against ejectment: Where a decree has been passed against tenant for his ejectment and notice for such ejectment has been served to tenant. He has not instituted case for contest but he has applied for compensation against such ejectment under S. 71. Revenue Officer may settle this case.

(6)        Fixation of value of occupancy right: Where occupancy tenant has alienated his right of occupancy and he has applied for the fixation of value against such right of occupancy.

(7)        Repossession of occupancy: Where right of occupancy has been alienated in favour of landlord, landlord may apply to Revenue Officer for the possession of occupancy tenancy where such rights have been extinguished.

(8)        Compensation for improvement: Normally landlord is not allowed to make improvement in occupancy tenancy. But in special circumstances, competent authority may allow him. He may apply to Revenue Officer for such permission.

2.      In Second and Third Group, Assistant Collector of second grade not being a Naib-Tehsildar may dispose of any application such as:

(1)        Division of produce: Where either party such as landlord or tenant commits default or negligence either personally or by agent, for the division of produce, they may apply to Revenue Officer for such division and Revenue Officer may appoint referee under S. 17.

(2)        Ejectment of tenant from year to year by notice: Where notice for the ejectment of tenant from year to year has been served and he neither has instituted a suit for contest nor he has claimed condonation, Revenue Officer may eject such tenant under S. 45(5).

(3)        Determination of occupancy rent: Where rent is payable on occupancy on uncut or un-gathered crops and tenant has a notice of ejectment, Revenue Officer determines the rent of uncut and un-gathered crops.

(4)        Determination of value and expenses: Where tenant is to be ejected, Revenue Officer may determine value of crops and sum payable to tenant including labour and capital expenses.

(5)        Deposit of rent: Where landlord refuses to receive rent or does not acknowledge or where dispute arises as to who shall receive the amount of rent, tenant may deposit the rent in Court with an application to Revenue Officer.

(6)        Relinquishment (abandonment, give up) of tenancy: Any tenant may relinquish his tenancy by serving a notice to Revenue Officer.

(7)        Service of notice for ejectment: Landlord may apply to Revenue Officer for the ejectment of tenant against whom decree has been issued for ejectment on the grounds of failure in payment of arrears or where he has not right of occupancy.

(8)        Notice for transfer: Tenant may transfer his right of occupancy. He has to apply to Revenue Officer for such transfer.

3.      In Third Group, Naib-Tehsildar having power of Assistant Collector of second grade may dispose of any application including:

(1)        Deposit of rent: Where landlord refuses to receive rent or does not acknowledge or where dispute arises as to who shall receive the amount of rent, tenant may deposit the rent in Court with an application to Revenue Officer.

(2)        Relinquishment (abandonment, give up) of tenancy: Any tenant may relinquish his tenancy by serving a notice to Revenue Officer.

(3)        Service of notice for ejectment: Landlord may apply to Revenue Officer for the ejectment of tenant against whom decree has been issued for ejectment on the grounds of failure in payment of arrears or where he has not right of occupancy.

(4)        Notice for transfer: Tenant may transfer his right of occupancy. He has to apply to Revenue Officer for such transfer.

Appointment of referee for division or appraisement: Referee is a person who is appointed by Revenue Officer, for the division or appraisement of produce in default of either landlord or tenant or both.

Who may apply for appointment: Either party such as landlord or tenant may apply for the appointment of referee.

To whom application is made: Revenue Officer is the competent authority to whom application is made for the appointment referee.

Eligibility of referee: Revenue Officer appoints any person as referee for the division or appraisement of produce on application, as he thinks fit to be a referee. He divides or appraises the produce in good faith.

Power to give instructions: When Revenue Officer appoints any person as referee, he gives him instructions including:

1.      Association with Revenue Officer.

2.      Number of other associated assessors.

3.      Qualification of other assessors.

4.      Selection criteria of appointment of other assessors.

5.      Procedure which is to be followed in division or appraisement of produce.

How division is made: Referee is obliged to follow instructions given by Revenue Officer in making division or appraisement in produce.

Notice before proceeding: Referee is responsible to give notice to both parties i.e., landlord and tenant before going into process of division or appraisement. He also fixes the time and place where such proceedings have to take place.

Ex parte proceedings: In case both parties commit default to appear at time and place given by such referee, referee proceeds ex parte. Both parties, such as landlord and tenant may appear personally or by agent.

Power of referee: Referee has power to enter upon any land or into any building in which produce is. He must keep in view principles, directions, and guidelines of Pakistan constitution and jurisprudence of Pakistan. Right of privacy and worship must be kept in view.

Submission of record: As the referee completes his record of division or appraisement, he signs it and submits to Revenue Officer.

Confirmation of proceeding: After considering the record upto mark, Revenue Officer confirms the record.

Further enquiry: If Revenue Officer thinks fit may call further enquiry to reach at fair and equitable conclusion. He may vary the proceeding of referee.

Cost of reference: Revenue Officer determines the cost incurred on such reference, as he thinks fit. Cost may include remuneration of referee and other assessors.